This work explores the notion of independence as it relates to international civil servants and secretariats. It identifies the fundamental characteristics of the term and examines how the... Show moreThis work explores the notion of independence as it relates to international civil servants and secretariats. It identifies the fundamental characteristics of the term and examines how the independence of international civil service can erode. It describes the acts and omissions of three main actors responsible for preserving this independence: member states, international organizations, and international civil servants. The work concludes by providing concrete recommendations for strengthening the independence of the international civil service. Show less
This thesis focuses on the duty of independence and impartiality for arbitrators. The starting point is unambiguous: an arbitrator should be independent and impartial. Less unambiguous is the... Show moreThis thesis focuses on the duty of independence and impartiality for arbitrators. The starting point is unambiguous: an arbitrator should be independent and impartial. Less unambiguous is the answer to the question of what this duty of arbitral independence and impartiality entails. This thesis aimed to shed light on this (general) research question.The objective of this doctoral research was twofold. On the one hand, the objective was to gain insight into the way in which the duty of arbitral independence and impartiality is interpreted judicially. To this end, it was examined how the duty is interpreted in arbitration legislation, institutional rules, and (arbitral) court rulings. On the other hand, the objective was to shed light on a number of (open) questions related to the scope of the duty. In this respect, it was examined, among other things, who exactly is subject to the duty, how the duty emerges in arbitration legislation and institutional rules, what the duty aims to achieve, the question from when and to when arbitrators must be independent and impartial, and whether the parties can waive the right to an independent and impartial arbitrator. Show less
This thesis explains the dynamics and nature of the Kurdistan Region of Iraq’s (KRI) de facto statehood since its inception in 1991, in particular the vicissitudes de facto independence since then.... Show moreThis thesis explains the dynamics and nature of the Kurdistan Region of Iraq’s (KRI) de facto statehood since its inception in 1991, in particular the vicissitudes de facto independence since then. This dissertation characterises de facto statehood in Kurdistan, and uncovers the dynamics of de facto statehood in Iraqi Kurdistan at internal, national and international levels. Kurdistan’s de facto statehood (such as territorial control, monopoly on the use of violence, and engagement with the international community) is shown to be inherently characterised by fluidity. In this thesis, fluidity is defined as a highly unstable nature of de facto statehood in the relational context of non-recognition. The dissertation reports on interviews with a number of high profile politicians and policy makers from the region to provide unique insights, among others the three main factors at play in the fluidity of the de facto state of Iraqi Kurdistan: the balance of power between the regional capital of Erbil and the Iraqi national capital of Baghdad; the level and form of internal fragmentation; and the change of strategies to gain international recognition. Show less
The dissertation compares the institutional forms of the five United Nations criminal tribunals and their oversight bodies to assess the strengths and weaknesses of these forms in terms of the... Show moreThe dissertation compares the institutional forms of the five United Nations criminal tribunals and their oversight bodies to assess the strengths and weaknesses of these forms in terms of the governance of the tribunals and the protections for their independent functioning. Show less
The integration of Latin America has been a complex process. It has been characterized as a journey of improvements and setbacks, of sewing and then tearing apart. The main issue has been how to... Show moreThe integration of Latin America has been a complex process. It has been characterized as a journey of improvements and setbacks, of sewing and then tearing apart. The main issue has been how to build a strong and cohesive region in a context of strong nation states. The process of independence in the 19th century led to a debate concerning the creation of the Bolivarian inspired __Patria Grande__ (__Great Nation__) or the construction of separate states. While the Westphalian model of nation state ultimately triumphed, the yearning for regional integration remained encoded in Latin America__s aspirations. The pull towards integration was dormant following independence, as most countries rejected the goal of institutionalized and supranational associations. This pull regained strength after the turbulent period of both World Wars and the Great Depression, events that led countries to rethink their international insertion strategies. Show less
he creation of European Union agencies is arguably one of the most prominent institutional innovations at the EU level in recent history. Especially since the early 1990s, the EU and its member... Show morehe creation of European Union agencies is arguably one of the most prominent institutional innovations at the EU level in recent history. Especially since the early 1990s, the EU and its member states delegated a wide range of (semi-)regulatory, monitoring, and coordination tasks to a quickly growing number of agencies. Most existing research focuses on the creation of these agencies. As a result, we do not know much about how agencies develop after their creation. EU agencies are formally independent, but do they also behave autonomously in practice? How does actual autonomy vary across EU agencies and how does this affect the role these agencies play in the multi-level system of European governance? This study addresses these questions theoretically and empirically by comparing six EU agencies – the European Medicines Agency (EMEA), the European Food Safety Authority (EFSA), the European Environm ent Agency (EEA), the European Monitoring Centre for Racism and Xenophobia (EUMC), Europol and Eurojust. It shows how some of these agencies develop into relatively autonomous entities by acquiring a distinct organisational character and by generating support from actors in their environment, whereas other agencies do so to a much lesser extent or not at all. Show less
