It is difficult to imagine contemporary heritage protection without the numerous international heritage conventions that have proliferated over the course of the twentieth century. Although these... Show moreIt is difficult to imagine contemporary heritage protection without the numerous international heritage conventions that have proliferated over the course of the twentieth century. Although these instruments are governed by the rules of international law, they are reliant upon the actions of individual states in order to ensure their implementation at the domestic level. It is precisely this process of translation to the domestic legal sphere which remains invisible within many discussions surrounding international heritage law. Yet these modes of translation can facilitate – or, conversely, silence – opportunities for actors other than the state to shape cultural heritage law. As such, they can play a critical role in many of the current debates surrounding heritage governance. It is thus important that those working and living in, with or around heritage are aware of the legal techniques through which international heritage standards find their expression in domestic law. In order to elucidate these techniques, this chapter will touch upon a range of core legal concepts related to the implementation of international law in domestic legal settings, such as the distinctions between common and civil law and monist and dualist legal systems. While the focus of the chapter is on the international treaties adopted within the scope of UNESCO, it will also discuss how so-called ‘soft law’ heritage standards can play a role in domestic legal settings despite their formally non-binding nature. This chapter argues that the apparent universality of rules relating to the protection of cultural heritage at an international level belies the diversity of methods through which they are implemented at the national level, the actors involved in this process, and the interaction of international standards with existing domestic legal traditions aimed at the protection of cultural heritage. Moreover, given that many of the norms established by international heritage conventions do not have a ‘self-executing’ character, they remain beyond the reach of domestic legal actors. In many cases it is thus more illuminating to interrogate precisely which elements of cultural heritage law are commonly not translated into domestic law and why. Show less
The article outlines a brief constitutional-institutional scenario of the Netherlands as background to analyze two paradigmatic cases, the Urgenda case and the childcare allowance scandal. These... Show moreThe article outlines a brief constitutional-institutional scenario of the Netherlands as background to analyze two paradigmatic cases, the Urgenda case and the childcare allowance scandal. These two cases bring to light different behaviours of the judge in offering legal protection to fundamental rights. The analysis of these cases in the Dutch model, in which there is no judicial constitutional review, is enlightening about the new challenges faced by the State -climate change and the advent of the digital era- and the need to rethink the theory of separation of powers aiming to offering effective legal protection to fundamental rights. Show less
The contribution looks at procedures before the Court of Justice of the European Union dealing with legal questions relating to the EU-Swiss sectoral agreements, i.e. cases that have occurred in... Show moreThe contribution looks at procedures before the Court of Justice of the European Union dealing with legal questions relating to the EU-Swiss sectoral agreements, i.e. cases that have occurred in this context. Particular emphasis is put on the annulment procedure (Art. 263 TFEU). Show less
This chapter explores the lawful contours of a growing phenomenon – the administration of criminal justice by non-state armed groups in territories under their control. It highlights a steadily... Show moreThis chapter explores the lawful contours of a growing phenomenon – the administration of criminal justice by non-state armed groups in territories under their control. It highlights a steadily mounting body of international practice recognizing the lawfulness of the ‘de facto’ processes as dependent on how – rather than by whom – justice is administered and considers the conditions that international law places on such justice. These include the core standards of independence and impartiality, fair trial guarantees, respect for the principle of legality and the nature of the crimes, which pose myriad challenges in practice in the context of de facto justice. Among others, the chapter flags the particular implications of increased resort by non-state actors (like states) to broad terrorism-related crimes as a basis for prosecution. Finally, as meeting the standards required of de facto justice will generally depend on external support, the chapter questions whether under international law states can – or in certain circumstances should – cooperate with or recognize such processes consistently with international law. In an area of dynamic legal and practical development, the chapter reveals a landscape that is evolving to meet the realities of the changing nature of non-state actors’ exercise of power and control, but where tensions, uncertainties and paradoxes remain. Show less
The past decades have shown an increase in recourse to international legal bodies to address disputes over land distribution, uses and rehabilitation. This raises the question as to whether and to... Show moreThe past decades have shown an increase in recourse to international legal bodies to address disputes over land distribution, uses and rehabilitation. This raises the question as to whether and to what extent international law offers a coherent framework for addressing land as part of environmental peacebuilding. Since land issues have played a role in most armed conflicts that occurred over the past decades, addressing such issues in peace processes is essential for the resolution of these conflicts and for maintaining the peace that has been so hard won. This chapter therefore first examines how international law impacts on decisions with respect to land uses, distribution and rehabilitation in peace processes. This chapter then explores whether and how the notion of environmental peacebuilding can be instrumental in mainstreaming international legal responses for the purpose of achieving a sustainable peace. Show less
This chapter examines the position of the UN Security Council within the institutional framework on environmental peacebuilding. It starts with an analysis of the UN's peacebuilding architecture,... Show moreThis chapter examines the position of the UN Security Council within the institutional framework on environmental peacebuilding. It starts with an analysis of the UN's peacebuilding architecture, which assigns complementary roles to the Security Council, the General Assembly and the Economic and Social Council, based on each organ's respective function within the UN system. The chapter then turns to the practice of the Security Council with respect to 'conflict resources' on the one hand and environmental degradation more broadly on the other. This analysis demonstrates major differences in the substantive contributions by the Security Council with respect to 'conflict resources' on the one hand and to climate change and other ecological threats on the other. It argues that the institutional division of responsibilities between the three main UN organs provides a powerful rationale for explaining these differences. Show less
Environmental factors increasingly define today’s global security landscape. In recognition of the role that environmental factors play in triggering, fueling and sustaining armed conflicts at the... Show moreEnvironmental factors increasingly define today’s global security landscape. In recognition of the role that environmental factors play in triggering, fueling and sustaining armed conflicts at the local, regional and even global level, environmental peacebuilding has emerged as a new field of research and practice. This chapter introduces the reader to the growing scholarship in this field and discusses the contributions that international normative and institutional frameworks make to it. In this way, it sets the scene for more detailed discussions on the role of these normative and institutional frameworks in the other chapters in the book. It concludes with an appraisal of the contributions that the book makes to existing scholarship and identifies future areas for research. Show less
Schuurmans, Y.E.; Barkhuysen, T.; Ouden, W. den 2023
In deze bijdrage staat de vraag centraal in hoeverre de openbaarheid van overheidsinformatie kan bijdragen aan het bereiken van de Sustainable Development Goals (SDG’s), in het bijzonder de SDG’s... Show moreIn deze bijdrage staat de vraag centraal in hoeverre de openbaarheid van overheidsinformatie kan bijdragen aan het bereiken van de Sustainable Development Goals (SDG’s), in het bijzonder de SDG’s die zien op het verbeteren van het klimaat. Nederland scoort in internationale rankings niet goed als het gaat om de openbaarheid van overheidsinformatie. Zo staat Nederland slechts op de 82e plaats op de Global Right to Information Rating. Daarnaast heeft het European Environmental Bureau (EEB) onderzocht hoe toegankelijk informatie over verleende milieuvergunningen aan grote industriele bedrijven is in de verschillende EU-lidstaten. Nederland is door het EEB op de 27e – en daarmee laatste (!) – plaats gezet. In deze bijdrage zal worden bezien waarom Nederland zo laag scoort op het gebied van openbaarheid van (milieu)informatie, waarom dit problematisch is en hoe dit zou kunnen worden verbeterd. Show less
