This thesis has found a balance between individual data protection rights and the free flow of data. On the one hand, this balance serves to protect the individual and his data. On the other hand,... Show moreThis thesis has found a balance between individual data protection rights and the free flow of data. On the one hand, this balance serves to protect the individual and his data. On the other hand, health care and health research must take place using personal data.A balanced approach can be found in the following four ways. Firstly, a broad(-er) interpretation of the lawful basis of consent can facilitate secondary health research. Secondly, the use of other lawful bases can be a solution for the legitimation of secondary health research. Furthermore, a separate legal ground for secondary research can be a solution to resolve the issue of a lawful basis for health research.Thirdly, a balance can be found in the individual’s autonomy vis-à-vis the accountability of the health institution and the attention drawn to the free flow of data. The focus is shifted from the individual’s control over his data towards the health institution with other lawful bases than consent and a fair balance between data protection rights and the free flow of data.Fourthly, a risk-based approach to monitoring compliance contributes to balancing the rights and interests of individuals with data sharing for health care and research. Show less
The thesis has been an attempt to make sense of the political discourse in Kashmir from the early 1940s till the emergence of the popular uprising in the Valley towards the late 1980s. The thesis... Show moreThe thesis has been an attempt to make sense of the political discourse in Kashmir from the early 1940s till the emergence of the popular uprising in the Valley towards the late 1980s. The thesis has tried to underscore the fragmented nature of the political in Kashmir, and the implications it has had on the politics of the region, particularly on the politics of rai-shumari (self determination) and aazadi. These inner fragments or contradictions that underline the political life in Kashmir may be attributed, as the thesis has sought to argue, to the multiple political subjectivities that constitute ‘Kashmiri people’ as a community. Show less
This article considers the (il)legality of Crimea's unilateral secession from Ukraine from the perspective of public international law. It examines whether the right to self-determination or an... Show moreThis article considers the (il)legality of Crimea's unilateral secession from Ukraine from the perspective of public international law. It examines whether the right to self-determination or an alleged right to (remedial) secession could serve as a legal basis for the separation of the Crimean Peninsula, as the Crimean authorities and the Russian Federation seem to have argued. The article explains that beyond the context of decolonization, the right to self-determination does not encompass a general right to unilateral secession and demonstrates that contemporary international law does not acknowledge a right to remedial secession. With respect to the case of Crimea, it argues that even when assuming that such a right does exist, the threshold in this regard is not met. In the absence of a legal entitlement, the article subsequently turns to the question whether Crimea's unilateral secession was prohibited under international law. It contends that while the principle of territorial integrity discourages unilateral secession, it does not actually prohibit it. Nonetheless, there are situations in which an attempt at unilateral secession is considered to be illegal in view of the circumstances. It is argued that it is precisely this exception that is relevant in the case of Crimea. Show less
Consumers have many possibilities to undergo a form of screening to acquire health information via the Internet or otherwise by purchasing health checks, medical check-ups, total body scans and... Show moreConsumers have many possibilities to undergo a form of screening to acquire health information via the Internet or otherwise by purchasing health checks, medical check-ups, total body scans and direct-to-consumer (DTC) genetic tests. More and more providers place screenings on the market before they have been assessed properly. In the Netherlands the Act on population screening ( __Wet op het bevolkingsonderzoek__) sets strict quality criteria for screening. In accordance with this Act a licence is required for offering and performing screening with ionising radiation or for detecting (risk factors of) cancer and untreatable diseases. This system, which aims to protect individuals against health damage and also to ensure patients (rights), wards off __commercial screening__ of the Dutch market. In society this meets with criticism. Individuals increasingly perceive the limited access to screening as an unnecessary restriction of their self-determination. However, the Dutch State has a special responsibility regarding the health of individuals. This thesis focuses on the following central question: __What are the normative criteria for the access to and supply of genetic screening from constitutional and European law perspectives?__ As a corollary the author will explore what this means for the Dutch legal framework regulating genetic screening, particularly DTC genetic tests. Show less
The book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945... Show moreThe book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then. A detailed examination of the proceedings of the United Nations Conference on International Organization in San Francisco demonstrates that the drafting of the United Nations Charter was significantly influenced by global moral values, i.e. globally shared beliefs distinguishing right from wrong, good from bad, and the current from a preferable state-of-the-world. A common desire to eradicate war, poverty, inhuman treatment, and to halt the exploitation of peoples, has led to an affirmation of the values of peace and security, social progress and development, human dignity and the self-determination of all peoples. All these values ended up in the UN Charter. The book further analyzes how the United Nations, and especially its General Assembly, has continued to influence the maturing of global morality through contributions to the values-debate, and to the translation of these values into the language of international law, including the law on the use of force, sustainable development, human rights and the right to self-determination. Show less
This theoretical study considers the interplay between the rights and responsibilities of (postcolonial) states in forming the underpinnings of public international law. It considers the ways... Show moreThis theoretical study considers the interplay between the rights and responsibilities of (postcolonial) states in forming the underpinnings of public international law. It considers the ways states administer their territory, in some cases after having inherited colonially defined boundaries. It then contrasts this with the general sense in international law that basic human rights standards, including the concept of ‘self-determination’, are to be upheld by states themselves. The thesis observes that international law has become developed to the extent that the concept of self-determination may, in some circumstances, be equated with that of self-defence, and in some circumstances, a 'people' can be formed as a direct response to specific, predatory actions of a state. The thesis concludes by observing that the ability of a state to administer itself in conformity with international human rights law is of equivalent importance to that of its legitimate claims of title to territory, and that territorial modifications may be legitimate legal possibilities in the face of, for example, massive human rights violations. Show less
The Netherlands Antilles and Aruba are still tied to the Netherlands through the Charter for the Kingdom of 1954. This document is a little known, but ingenious attempt at the decolonization of the... Show moreThe Netherlands Antilles and Aruba are still tied to the Netherlands through the Charter for the Kingdom of 1954. This document is a little known, but ingenious attempt at the decolonization of the Dutch Caribbean within the structure of the Kingdom of the Netherlands. This study describes the status of the Netherlands Antilles and Aruba under international law. It discusses questions such as: What basis is there for the islands__ claim to self-determination and decolonization? May the Netherlands force the islands to become independent states? Why do the islands call on the help of the Decolonization Committee of the United Nations to obtain another constitutional status within the Kingdom of the Netherlands? For the first time, the results of more than 50 years of debate within the Kingdom of the Netherlands on decolonization and self-determination are now made available to international readers, with full reference to international law and developments at the United Nations. Relevant comparisons are made to other remnants of the Western colonial empires in the Caribbean and Pacific regions, and in the Indian Ocean. It presents an overview of existing forms of overseas constitutional relations, in light of the international law concerning decolonization and self-determination of small islands. The Kingdom of the Netherlands is currently going through turbulent times. The Netherlands Antilles is falling apart, with each of its five island territories trying to obtain a separate constitutional position within the Kingdom. The aim of Cura_ao and St. Maarten is to become autonomous Countries within the Kingdom, while Bonaire, St. Eustatius and Saba have opted for a stronger role for the Netherlands in the government of their islands. The international law concerning decolonization and self-determination will probably continue to play a large role in this process of constitutional reform. Show less
