This dissertation explores the impact of international cultural heritage law on individuals and local communities, particularly through the lens of cultural heritage law's use of universalising... Show moreThis dissertation explores the impact of international cultural heritage law on individuals and local communities, particularly through the lens of cultural heritage law's use of universalising language such as the ‘cultural heritage of mankind’. It argues that this rhetoric empowers states to prioritise purportedly common interests over local ones, potentially erasing living heritage value in the process. The dissertation places cultural heritage law in the context of broader international legal trends, in particular the tension between the pursuit of common interests through international law and the enduring influence of state sovereignty as a structuring principle of that law. It argues that contemporary cultural heritage law often fails to effectively limit state powers or protect the interests of individuals and local communities. It thus calls for stronger guarantees of participation within cultural heritage law, drawing upon legal standards developed within environmental law and human rights law. The dissertation suggests a rethinking the concept of ‘universal interest’ in heritage law to qualify the operation of state sovereignty and to better accommodate the interests of individuals and local communities, emphasizing their role as central actors and the need to bridge the gap between local and global interests in cultural heritage protection. Show less
The study focuses on how to establish prohibited airspace over conflict zones.This study endeavors to answer the following research questions:1) What are the conditions, including legal... Show moreThe study focuses on how to establish prohibited airspace over conflict zones.This study endeavors to answer the following research questions:1) What are the conditions, including legal requirements, for establishing prohibited airspace?2) Who has jurisdiction to establish prohibited airspace?3) How can the status quo be changed with respect to prohibited airspace to enhance aviation security?The establishment of prohibited airspace concerns on the one hand, the principle of air sovereignty, agreed by governments as recognized in Article 1 Chicago Convention, and on the other hand, the object of agreeing on this principle to “develop international civil aviation in a safe and orderly manner”.Threads running through the chapters are the themes of sovereignty, jurisdiction, and territory. Show less
The traditional concept of employment, which involved fixed, permanent contracts, with full time hours and security in work has gradually been replaced by a ‘neoliberal’ model of employment that... Show moreThe traditional concept of employment, which involved fixed, permanent contracts, with full time hours and security in work has gradually been replaced by a ‘neoliberal’ model of employment that prioritises the development of competitive labour markets through increased flexibility in work. This shift has resulted in increasing levels of ‘precarious’ work: forms on non-standard employment that places the individual in a situation where they have little security in work or power over their working situation. Examples of precarious employment include platform work, zero-hour and on-demand contracts, the repeated use of temporary/short-term contracts, and bogus/false self-employment.The European Precariat asks what level of protection is available to EU migrant workers engaged in precarious employment, who must navigate complex national migration and social security rules linked to their employment status. The thesis assesses how economic and political changes affect the constitutional and political limitations of European integration; how the legal framework applicable to precarious workers risks creating gaps in the law and excluding them from certain protections; and finally suggests how EU migrant workers engaged in precarious work can be better protected under EU law while adhering to the economic, political, and constitutional limitations of the legal system. Show less
This research analyses to what extent China is achieving decent work based on a case study of decent working time. The word ‘achieving’ underlines that China is still in the process of securing... Show moreThis research analyses to what extent China is achieving decent work based on a case study of decent working time. The word ‘achieving’ underlines that China is still in the process of securing this aim. This research builds on a mixed methodology of case study, historical analysis, content analysis, structured critical analysis, and comparative law. The findings show that the development goal of decent work has not been achieved in China, but there are some significant developments. Particularly, many labour standards with regard to workers’ health and safety have markedly been intensified and increased, as have the making and enforcement of Chinese labour laws, which both are signals that China has created an environment receptive to further reform and development on its path to achieving decent work. Show less
The character of the use and exploration of outer space has changed dramatically since the first artificial satellite was launched in 1957. The question this research addresses is whether the... Show moreThe character of the use and exploration of outer space has changed dramatically since the first artificial satellite was launched in 1957. The question this research addresses is whether the existing international legal framework for space activities adequately regulates current and future challenges and opportunities of the use, exploration and exploitation of outer space, and if not, how this can be remedied. It answers these questions in a series of published articles.Although the legal framework that was adopted by States since the 1960s is of immense value and must be preserved, the rapid pace at which technology advances and the increase and variety of actors in this field imply that it cannot address all challenges and opportunities in a sustainable, safe and secure manner.The existing legal framework must be clarified and supplemented, and the adoption of soft law, guidelines, resolutions at international and regional level, as well as the reinforcement of national frameworks and industry best practices seems the most pragmatic way forward.Outer space is an international realm and in formulating future space law it is essential to strive for a set of common rules of behaviour, including the views and needs of all stakeholders. Show less
This thesis examines the normative dimensions of the acts that constitute international crimes. It offers a conceptualisation of the normative dimensions of these acts as processes of construction... Show moreThis thesis examines the normative dimensions of the acts that constitute international crimes. It offers a conceptualisation of the normative dimensions of these acts as processes of construction and meaning making. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies for analysis, the thesis develops an interdisciplinary methodological approach which centralises the narratives and discourses that emerge around particular crimes as central to how they are given normative content in practice. This analysis reveals a diverse, flexible and dynamic normative picture of these crimes, which demonstrates how their normative meanings are not natural or given, but are instead produced through an ongoing process of meaning making that takes place throughout the legal process in a continuum of cases. Understanding the normative dimensions of the acts that constitute international crimes in these terms not only exposes a diversity of interests that transcends their dominant characterisations as violations of basic security rights, but also uncovers the processes through which their normative foundations are constructed and transformed internally through practice. This thesis ultimately offers a dynamic, pluralist and socially constructed account of wrong in international criminal law, which recognises the relationship between criminal wrong and transformations in the wider social and political order, and contributes to developing a more granular understanding of the nature of the representational work that international criminal justice does in the world. Show less
Odette Nyiramuzima’s dissertation is a Legal analysis of access to Old-age public pension benefits in Rwanda: Challenges and Trends. Based on the approaches adopted by the ILO, the study’s... Show moreOdette Nyiramuzima’s dissertation is a Legal analysis of access to Old-age public pension benefits in Rwanda: Challenges and Trends. Based on the approaches adopted by the ILO, the study’s objective was the assessment of Rwandan pension legislation and its compatibility with international social security standards.As part of the findings, the study identifies gaps in national pension legislation with regard to coverage and benefit adequacy and finds out the usefulness of adopted International Labour Organization (ILO) conventions. From the assessment, the right to social security, including basic income security in old-age is not realized for many elderly people. Therefore, the study suggests a combination of different approaches such as contributory and non-contributory pension schemes, supported by progressive formalization of the informal activities, as an effective strategy to close pension coverage gap. These findings were reached by using doctrinal legal approach and comparative legal approach complimented by a study of ILO social security standards and reports, International Social Security Association (ISSA) publication, Rwanda’s pension legislation and policies and Focus Group Discussion.Odette’s study, one of the very few on this subject and area, forms a useful basis for discussion and further research on pension rights enforcement in a developing country context. Show less
The evolvement of online platforms over the past decade has profoundly impacted consumers and business owners by facilitating and enhancing the intermediation and interaction between them. This... Show moreThe evolvement of online platforms over the past decade has profoundly impacted consumers and business owners by facilitating and enhancing the intermediation and interaction between them. This allowed online platforms to continuously evolve as key players in the digital market. It was, however, not long before concerns were raised as to whether this process is unfolding in accordance with EU antitrust law and if not, whether EU antitrust law enforcement is feasible in light of the distinguishing multisided character of online platforms.This book consists of a compilation of articles that address some of the main elements of the application process of EU antitrust law to online platforms, with particular focus on art. 102 TFEU. It provides an overview of the various legal hurdles that need to be overcome in the process of enforcement with regard to such players and offers potential solutions for overcoming them. In this process, the interplay between the material and procedural boundaries of the current EU antitrust law framework and the distinguishing multisided nature of online platforms is extensively explored. The research and findings covered in this book are of value for academics and practitioners working in the field of (EU) antitrust law. Show less
The thesis concerns a theoretical and doctrinal study of the justification of extraterritorial human rights obligations of states. It uses the search and rescue of migrants at sea as a case study... Show moreThe thesis concerns a theoretical and doctrinal study of the justification of extraterritorial human rights obligations of states. It uses the search and rescue of migrants at sea as a case study to explore how power and causal relations inform the justification of relations of duty under human rights law compared to and in light of obligations arising under the international law of the sea. Show less
Note: dissertation is under embargo.Following the establishment of the United Nations, states have increasingly conferred powers on international organisations, thus raising the significance of... Show moreNote: dissertation is under embargo.Following the establishment of the United Nations, states have increasingly conferred powers on international organisations, thus raising the significance of such organisations in international affairs.Private parties are increasingly impacted by the actions of international organisations. This underscores the need for a proper understanding of the accountability of such organisations and, more specifically, their responsibility in a legal sense. This dissertation concerns the liability of international organisations towards private parties (excluding the personnel of the organisation).As a rule, when an international organisation is sued before a domestic court, the former can claim immunity from jurisdiction. Accordingly, the dispute cannot be adjudicated by such a court. That is essential to safeguard the independence of international organisations.At the same time, international organisations often are under a treaty obligation to provide alternative remedies for the settlement of disputes of a ‘private law character’. It is submitted that in discharging that obligation, organisations should adopt a systematic approach in conformity with the rule of law. That is needed both to bolster the jurisdictional immunity of such organisations and to increase their legitimacy. The dissertation sets forth proposals based on such an approach. In doing so, the ultimate purpose of the study is to contribute to enhancing the effectiveness of international organisations. Show less
This study explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and... Show moreThis study explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The study finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would impose inordinate burdens on them, and would be wholly unrealistic in light of the realities of hostilities, is unfounded and in need of revision.The methodology which this study develops for resolving issues of interplay lends itself to broader application than this research project alone, and can guide future research into issues of interplay. Show less
During armed conflict, non-State armed groups (NSAGs) deprive individuals of their liberty on a regular basis. Yet, examining these activities goes beyond their mere acknowledgment. This thesis... Show moreDuring armed conflict, non-State armed groups (NSAGs) deprive individuals of their liberty on a regular basis. Yet, examining these activities goes beyond their mere acknowledgment. This thesis explores the legal regulation of NSAGs’ detention activities in non-international armed conflicts (NIACs) from a functional perspective. It does so by concentrating on NSAGs’ practices in this field, presenting and testing the hypothesis that international humanitarian law (IHL) and, on certain occasions, international human rights law (IHRL) oblige these actors not to arbitrarily deprive individuals of their liberty. Furthermore, it argues that NSAGs must have a legal basis in order to undertake these activities. By relying on a “legal pluralistic” approach of international law, that basis is to be found in those “laws” and regulations established by the groups themselves. Other options are also possible, such as the adaption of the State’s domestic law or an agreement concluded with a third party. This proposal is grounded on the “functions” required by the aforementioned legal regimes to be respected, in particular for the parties (be they States or NSAGs) to adopt certain law-making or law-adapting functions with the goal of complying with some of the provisions contained therein. Show less
International prosecutors are the gatekeepers to international criminal justice. They have the sole authority to prosecute people for the most serious crimes at international courts: genocide, war... Show moreInternational prosecutors are the gatekeepers to international criminal justice. They have the sole authority to prosecute people for the most serious crimes at international courts: genocide, war crimes, and crimes against humanity. Every day, they need to decide which situations to investigate; which crimes to charge; which witnesses to call; whether to negotiate pleas; and whether to appeal. Prosecutors make theses choices, and countless others, by exercising discretion. Discretion, this research argues, is the act of reaching a reasoned decision about the appropriate course of action to pursue. Discretion translates law from an abstract set of ideas and notions into practical action. How prosecutors exercise discretion shapes what international criminal justice is, how it develops, and what it does. What have international prosecutors considered when exercising discretion, and why?This research draws upon first-hand interviews with current and former senior prosecutors at the highest levels of international courts to explore the motivations and assumptions that drive the practice of prosecuting in international criminal justice. It argues that prosecutorial discretion is informed by the different role identities that prosecutors adopt towards the institutions, people, and concepts they encounter in their work. Specifically, it claims that prosecutors have been influenced by their roles as norm performers, builders, and guardians. This research concludes that adopting a relational understanding of the prosecutorial role, in which prosecutors are understood to have different roles within different relationships, allows a nuanced understanding of what international prosecutors do and explains why decisions are made. Show less
The concept ‘voluntary return’ is a crucial but often poorly understood part of the procedure for the return of irregularly staying third-country nationals from EU member states, as set out in... Show moreThe concept ‘voluntary return’ is a crucial but often poorly understood part of the procedure for the return of irregularly staying third-country nationals from EU member states, as set out in Directive 2008/115 (the Returns Directive). Through this concept, member states allocate primary responsibility for the return process to individuals. This individual responsibility, however, is only vaguely defined in the Directive, creating the risk that it is used by member states in an almost entirely open-ended and limitless manner, with potentially far-reaching consequences for third-country nationals, including their fundamental rights. This dissertation seeks to clarify the limits of this individual responsibility arising out of the concept of voluntary return in the Directive. It does soby unpacking the two component parts of voluntary return: the obligation to return and the voluntary departure period. This analysis draws on a triangle model that brings into focus the three legal relationships thattogether determine the framework for voluntary return: the individual and the EU member state, the individual and the country of return, and the country of return and the EU member state. The analysis results in the identification of 25 guidelines setting out concrete limits on individual responsibility for voluntary return. Show less
In essence, airport slots are planning tools for the rationing of capacity at airports where available capacity falls short of air travel demand. Since the availability of slots is directly... Show moreIn essence, airport slots are planning tools for the rationing of capacity at airports where available capacity falls short of air travel demand. Since the availability of slots is directly connected to the capacity of an airport at a particular date and time, a slot is by definition a scarce resource. The extent of. Slot scarcity depends on the congestion level of an airport. Excess demand for slots has substantial implications for airlines, coordinators and airports alike, as well as for society as a whole. This dissertation is designed to explore the compatibility of the global and specific legal regimes governing airport slot coordination with the particular socio-economic challenges that international organizations, governments and air transport industry stakeholders are experiencing today. A multitude of socio-economic objectives are identified, including but not limited to the environment in terms of noise and carbon reduction policies, growing airport access issues and general debates on airport functions to society. The number of so-called 'super-congested' airports in terms of the full slot capacity being historically 'occupied' by incumbent carriers are on the rise and are carefully studied from a policy and legal point of view. Show less
In order to answer the research question, the dissertation is divided into four parts. Part I examines the ratio legis of the 1999 Montreal Convention to determine to what extent uniformity is a... Show moreIn order to answer the research question, the dissertation is divided into four parts. Part I examines the ratio legis of the 1999 Montreal Convention to determine to what extent uniformity is a principal aim of the convention that must be pursued in its application. Part II analyses the factors which already existed at the time of the signing and prevented its uniform application. Part III scrutinizes the fragmentation factors that only appeared during the lifespan of the convention. Part IV makes different suggestions to improve the uniform application of the convention and to reduce its fragmentation. The author concludes the research with a list of not less than 10 recommendations to protect the aim of uniformity of the international air carrier liability regime established by the convention. Show less
There has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a... Show moreThere has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a period that hosts the first legal actions vis-à-vis the agency and a series of relevant non-judicial investigations, including by the European Parliament, this dissertation aims to address the main problem underlying these accountability efforts, namely the ‘problem of many hands’. As conceptualised by Dennis Thompson, this problem is where the multiplicity of the actors involved obscures the various responsibilities and creates gaps in accountability.To address it, this work contests the dominant ways of looking at the concepts of responsibility and accountability, and reimagines them for their optimal function.It adopts a holistic approach, taking into account not only judicial, but also other forms of accountability, studying not only EU liability law, but also other legal remedies before the CJEU, the ECtHR, and domestic courts, building bridges between international and EU law, and traveling from the empirical to the conceptual, to the normative, and from there to the applied.It creates the foundations for the accountability of the agency inside and outside courts, within the EU borders and beyond. Show less
Cultural objects have a protected status on account of their intangible value, as symbols of an identity. This has been so since the early days of international law, and today there is an extensive... Show moreCultural objects have a protected status on account of their intangible value, as symbols of an identity. This has been so since the early days of international law, and today there is an extensive legal framework that ensures this protection.Yet, when it comes to claims by former owners to items such as Nazi looted art, colonial booty, or more recently looted antiquities, the situation is less straightforward. On the one hand, such claims are often not supported by positive law at all. On the other hand, non-binding regulations urge present possessors to find `just' solutions to claims – not as a legal obligation but as a matter of morality. This raises a fundamental question: if we believe that the application of the law leads to injustice, is it not time to change the law or the way it is applied?This study explores how cross-border claims to cultural objects fit in the wider legal framework, and where blind spots or clashes occur. Its aim is to identify new directions that can help further develop this field, with the ultimate aim of fostering just solutions. Show less
The Eurocrisis forcefully exposed the Euro’s structural deficiencies, which are back in the limelight due to COVID-19. It is widely acknowledged that EU fiscal integration is required to adequately... Show moreThe Eurocrisis forcefully exposed the Euro’s structural deficiencies, which are back in the limelight due to COVID-19. It is widely acknowledged that EU fiscal integration is required to adequately remedy the remaining deficiencies. However, national constitutional authorities limit the scope for EU fiscal integration based on national sovereignty, democracy and parliamentary prerogatives. The result is a fundamental dilemma: effective EU fiscal integration appears necessary to stabilize the Euro and legally impossible due to national constitutional limits.Confronted with this dilemma, this thesis determines the national constitutional space available for EU fiscal integration. Part I includes a comparative assessment of national constitutional limits to determine how constitutional systems react or could react to EU fiscal integration. Part II tests current EMU reform proposals against the charted national constitutional to evaluate their attainability. Overall, the thesis demonstrates that even rigid national constitutional limits can accommodate EU fiscal integration. To rebut the outlined dilemma the thesis proposes: First, to comprehensively include EU fiscal integration benefits into the national constitutional appraisal thereby replacing the prevailing competence-centric interpretation of national sovereignty and democracy. And second, to design EU fiscal integration in light of national constitutional concerns. Both propositions facilitate the attainment of EU fiscal integration by equally respecting national constitutional concerns. Show less
This dissertation examines the practice and legal foundation of United Nations General Assembly activity of a quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning nature in... Show moreThis dissertation examines the practice and legal foundation of United Nations General Assembly activity of a quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning nature in the field of international justice. It evaluates the potential for theAssembly to adopt creative solutions to advance accountability crimes in the future, to not only unite for peace but also against impunity, particularly in the face of Security Council deadlock. Show less