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  • MPI Ethno. Forsch.  (19)
  • München UB
  • 2015-2019  (19)
  • 1945-1949
  • The Hague : T.M.C. Asser Press  (19)
  • Law  (19)
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Language
Years
Year
Subjects(RVK)
  • 1
    ISBN: 9462651736 , 9789462651739
    Language: English
    Pages: xviii, 353 Seiten
    Parallel Title: Erscheint auch als Parental Care and the Best Interests of the Child in Muslim Countries
    DDC: 346.167017
    RVK:
    Keywords: Custody of children ; Children Legal status, laws, etc ; Children's rights ; Konferenzschrift
    Abstract: "This book [analyzes]...parental care regimes in Muslim jurisdictions, both in a comparative and country-specific sense...[This book contains] 15 country reports presented on questions of custody, guardianship and their development within different Muslim jurisdictions (ranging from Indonesia to Morocco), a number of which are included in full in the book. Each of these country reports contains a historical perspective on the evolution of domestic rules regarding custody and guardianship, and on the introduction and development of the notion of the best interests of the child. Most importantly, the prevailing legal norms, both substantive and procedural, are explored and particular attention is given to legal practice and the role of the judiciary. In addition to a selection of country reports from the workshop, the volume includes two comparative analyses on questions of parental care in both public and private international law. With a high practical relevance for legal practitioners working in the area of cross-border custody disputes and the most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law, this book combines a number of country reports authored by experts who have worked or are still based in the respective countries they are reporting on and thus contains in-depth discussions of legal practice and custody law in action."--
    Note: "Selected contributions to the workshop "Parental Care and the Best Interests of the Child in Muslim Countries", which, under the auspices of the Max Planck Research Group "Changes in God's Law - An Inner Islamic Comparison of Family and Succession Laws", was convened at the Centre Jacques Berque pour les Études en Sciences Humaines et Sociales au Maroc in Rabat, Morocco, 1-5 April 2015" , Egypt , India , Indonesia , Iraq , Jordan , Lebanon , Pakistan , Qatar , South Africa , Tunisia , Evolving conceptions of children's rights : some reflections on Muslim states' engagement with the UN Convention on the Rights of the Child , Synopsis
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  • 2
    ISBN: 9789462650817
    Language: English
    Pages: Online-Ressource (XVI, 300 p, online resource)
    Edition: 1st ed. 2016
    Series Statement: Legal Issues of Services of General Interest
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Batura, Olga Universal Service in WTO and EU law
    RVK:
    Keywords: International law ; Intellectual property Law and legislation ; Communication ; Law ; Law—Europe. ; Mass media. ; Law ; International law ; Intellectual property Law and legislation ; Communication ; World Trade Organization ; Telekommunikationsmarkt ; Liberalisierung ; Europäische Union ; World Trade Organization ; Telekommunikationsmarkt ; Liberalisierung ; Europäische Union ; Telekommunikationsmarkt ; Liberalisierung
    Abstract: Introduction -- Liberalisation of Telecommunications Services: Social Embedding of the Liberalised Market as a Regulatory Challenge -- Liberalisation and Regulation of International Trade in Telecommunications Services Through the WTO.- Liberalisation of Telecommunications Services Markets and Regulation of Universal Service in the European Union -- Transformation of Universal Service for the Future.- Conclusion.
    Abstract: This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service. Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations. The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO. Olga Batura is affiliated to the Leuphana Law School, University of Lüneburg, Germany, and to the European Humanities University in Vilnius, Lithania.
    Description / Table of Contents: IntroductionLiberalisation of Telecommunications Services: Social Embedding of the Liberalised Market as a Regulatory Challenge -- Liberalisation and Regulation of International Trade in Telecommunications Services Through the WTO.- Liberalisation of Telecommunications Services Markets and Regulation of Universal Service in the European Union -- Transformation of Universal Service for the Future.- Conclusion.
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  • 3
    ISBN: 9789462650725
    Language: English
    Pages: Online-Ressource (XVI, 299 p. 6 illus., 1 illus. in color, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Targeting
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    Keywords: Law ; International humanitarian law ; Law ; International humanitarian law ; Justizmord ; Zielvorstellung ; Moral ; Einflussgröße ; Military weapons ; Military weapons Law and legislation ; War (International law)
    Abstract: Introduction -- Targeting in Context -- From Douhet to Drones, Air Warfare and the Evolution of Targeting -- The Current Targeting Process -- Some Considerations Concerning the Role of the Ius ad Bellum in Targeting -- The Law of Targeting.- Ethical Issues in Targeting.- Rules of Engagement and Targeting.- Means and Methods of the Future: Autonomous Systems.- Non-kinetic Capabilities: Complementing the Kinetic Prevalence to Targeting -- Targeting in a Coalition Operations -- Evaluating the Effectiveness of Leadership Decapitation Tactics Against Terrorist Groups.
    Abstract: This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies. The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, ‘non-kinetic’ targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations. The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues. Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.
    Description / Table of Contents: IntroductionTargeting in Context -- From Douhet to Drones, Air Warfare and the Evolution of Targeting -- The Current Targeting Process -- Some Considerations Concerning the Role of the Ius ad Bellum in Targeting -- The Law of Targeting.- Ethical Issues in Targeting.- Rules of Engagement and Targeting.- Means and Methods of the Future: Autonomous Systems.- Non-kinetic Capabilities: Complementing the Kinetic Prevalence to Targeting -- Targeting in a Coalition Operations -- Evaluating the Effectiveness of Leadership Decapitation Tactics Against Terrorist Groups.
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  • 4
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462651173
    Language: English
    Pages: Online-Ressource (XVI, 374 p. 1 illus, online resource)
    Series Statement: Legal Issues of Services of General Interest
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Wehlander, Caroline Services of general economic interest as a constitutional concept of EU law
    Parallel Title: Erscheint auch als Wehlander, Caroline Who is afraid of SGEI?
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    Keywords: International law ; Law ; Law—Europe. ; Law ; International law
    Abstract: Introduction: the Constitutionalisation of the EU Concept of SGEI as a Story of Exit, Voice and Loyalty for Public Services in EU law -- “Economic Activity”: Criteria and Relevance in the Fields of EU Internal Market Law, Competition Law and Procurement Law -- The Importance of SGEI in the Post-Lisbon Treaties -- SGEI as a Ground for a Special Regime in the Case Law of the CJEU Related to Public Services -- Meaning of the EU Concept of SGEI Emerging from the CJEU Case Law -- Conclusions of Part II: SGEI Emerges as a Broad “voice” in EU Constitutional Law -- EU Legislation on Public Procurement and State Aid: What is the Pressure on Member States to Enforce SGEI Principles in the Field of Social Services? -- Social Services under the Competence of Swedish Local and Regional Authorities: SGEI? -- Compatibility between EU Secondary Law on SGEIs and Systems of Choice in Swedish Law: the Cases of Elderly Care and School Education -- Conclusions of Part III: EU Market Governance of Social Services a Democratic Issue.
    Abstract: This book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden. .
    Note: Description based upon print version of record
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  • 5
    ISBN: 9789462651326
    Language: English
    Pages: Online-Ressource (XXIII, 386 p. 5 illus., 3 illus. in color, online resource)
    Series Statement: Information Technology and Law Series 27
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Law and Criminology
    Parallel Title: Druckausg. The future of drone use
    Parallel Title: Printed edition
    RVK:
    Keywords: Law ; Human rights ; International humanitarian law ; Law of the sea ; International law ; Drone aircraft Law and legislation ; Drohne ; Militärischer Einsatz ; Rechtsethik ; Drohne ; Militärischer Einsatz ; Rechtsethik
    Abstract: Given the popularity of drones and the fact that they are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and in the future), what is acceptable from an ethical point of view and what is allowed from a legal point of view. Drone technology is to some extent already available and to some extent still in development. The aim and scope of this book is to map the opportunities and threats associated with the use of drones and to discuss the ethical and legal issues of the use of drones. This book provides an overview of current drone technologies and applications and of what to expect in the next few years. The question of how to regulate the use of drones in the future is addressed, by considering conditions and contents of future drone legislation and by analyzing issues surrounding privacy and safeguards that can be taken. As such, this book is valuable to scholars in several disciplines, such as law, ethics, sociology, politics and public administration, as well as to practitioners and others who may be confronted with the use of drones in their work, such as professionals working in the military, law enforcement, disaster management and infrastructure management. Individuals and businesses with a specific interest in drone use may also find in the nineteen contributions contained in this volume unexpected perspectives on this new field of research and innovation. Bart Custers is Associate Professor and Head of Research at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. He has presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe and has published over 80 scientific, professional and popularizing publications, including three books
    Abstract: Given the popularity of drones and the fact that they are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and in the future), what is acceptable from an ethical point of view and what is allowed from a legal point of view. Drone technology is to some extent already available and to some extent still in development. The aim and scope of this book is to map the opportunities and threats associated with the use of drones and to discuss the ethical and legal issues of the use of drones.This book provides an overview of current drone technologies and applications and of what to expect in the next few years. The question of how to regulate the use of drones in the future is addressed, by considering conditions and contents of future drone legislation and by analyzing issues surrounding privacy and safeguards that can be taken. As such, this book is valuable to scholars in several disciplines, such as law, ethics, sociology, politics and public administration, as well as to practitioners and others who may be confronted with the use of drones in their work, such as professionals working in the military, law enforcement, disaster management and infrastructure management. Individuals and businesses with a specific interest in drone use may also find in the nineteen contributions contained in this volume unexpected perspectives on this new field of research and innovation.Bart Custers is Associate Professor and Head of Research at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. He has presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe and has published over 80 scientific, professional and popularizing publications, including three books. Bart Custers PhD MSc LLM is associate professor and head of research at eLaw, the Center for Law and Digital Technologies at Leiden University, the Netherlands. With a background in both law and physics, his research is focused law and digital technologies. He is also the former head of the research division on Crime, Law Enforcement and Sanctions of the research center (WODC) of the Ministry of Security and Justice in the Netherlands. His research interests include discrimination and privacy issues of new technologies, particularly data mining and profiling, and technology in policing. His research in the area of criminal law is focused on technologies that may contribute to law enforcement, criminal investigation and prosecution. Examples of such technologies are Automated Number Plate Recognition (ANPR), wiretapping, fingerprints, forensic DNA research, database coupling, data mining and profiling, camera surveillance, network analyses and the use of drones.Dr. Custers has published two books on discrimination and privacy in the context of Big Data. In 2015 he co-authored (in Dutch) a book on the use of drones. On a regular basis he gives lectures on profiling and privacy issues of new technological developments. He presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe. He has published his work, over 80 publications, in both scientific and professional journals and newspapers.
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  • 6
    ISBN: 9789462650664
    Language: English
    Pages: Online-Ressource (XXVII, 232 p. 2 illus, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Law and Criminology
    Parallel Title: Druckausg. Democracy and rule of law in the European Union
    RVK:
    Keywords: International law ; Law ; Law—Europe. ; Europäische Union
    Abstract: The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration. The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving “an ever closer Union”. Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam
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  • 7
    ISBN: 9789462650992
    Language: English
    Pages: Online-Ressource (XXIII, 533 p. 1 illus, online resource)
    Edition: 1st ed. 2016
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Foreign fighters under international law and beyond
    RVK:
    Keywords: International law ; Law ; International humanitarian law ; International criminal law ; Law—Europe. ; Law ; International humanitarian law ; International criminal law ; International law ; Iraq War, 2003-2011 Participation, Foreign ; War (International law) ; Syria History ; Participation, Foreign ; Civil War, 2011- ; Bewaffneter Konflikt ; Kombattant ; Ausländer ; Bewaffneter Konflikt ; Kombattant ; Ausländer
    Abstract: Introduction -- Foreign Fighters’ in the Syria and Iraq Conflict: Statistics and Characteristics of a Rapidly Growing Phenomenon -- Foreign Fighters’ Involvement in National and International Wars: A Historical Survey -- Foreign Fighters as a Challenge for International Relations Theory -- Foreign Fighters: Motivations for Travel to Foreign Conflicts -- The Emerging Role of Social Media in the Recruitment of Foreign Fighters Gabriel Weimann -- Analysing the Recruitment and Use of Foreign Men and Women in ISIL through a Gender Perspective -- The Military Impact of Foreign Fighters on the Battlefield: the Case of the ISIL -- The Status of Foreign Fighters under International Humanitarian Law Emanuele Sommario -- Foreign Fighters and International Criminal Law -- Child Soldiers: the Expanding Practice of Minors Recruited to Become Foreign Fighters -- Armed Opposition Groups’ (and Foreign Fighters’) Abidance by Human Rights Law: the Issue of Compliance in Syria and Iraq.
    Abstract: This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. It provides an overview of challenges, pays considerable attention to the status of foreign fighters, and addresses numerous approaches, both at the supranational and national level, on how to tackle this problem. Outstanding experts in the field – lawyers, historians and political scientists – contributed to the present volume, providing the reader with a multitude of views concerning this multifaceted phenomenon. Particular attention is paid to its implications in light of the armed conflicts currently taking place in Syria and Iraq. Andrea de Guttry is a Full Professor of International Law at the Scuola Superiore Sant’Anna, Pisa, Italy. Francesca Capone is a Research Fellow in Public International Law at the Scuola Superiore Sant’Anna. Christophe Paulussen is a Senior Researcher at the T.M.C. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism – The Hague.
    Note: Includes bibliographical references and index
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  • 8
    ISBN: 9789462651081
    Language: English
    Pages: Online-Ressource (IX, 178 p, online resource)
    Series Statement: ASSER International Sports Law Series
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Legal responses to football "hooliganism" in Europe
    RVK:
    Keywords: Law ; Human rights ; International law ; Law ; Human rights ; International law
    Abstract: Legal Responses to Football ‘Hooliganism’ in Europe – Introduction -- Return to ‘Radio Nostalgia’: Twenty Years of ‘Anti-Violence’ Legislation in Italian Stadia -- Legal Responses to Football Crowd Disorder and Violence in England and Wales -- Legal Measures and Strategies Against Violence at Football Events in Germany -- Regulating Football-Related Violence in France -- Punishing and Surveying the Greek Football Fans: A Stake For Their Civil Liberties? -- Football Related Disorder in the Netherlands -- Legal and policing responses to football crowd disorder in Austria -- Legal Responses to ‘Football Hooliganism’ in Ukraine -- Conclusions: Social Control at the Expense of Civil Liberties and Human Rights.
    Abstract: This book brings together a number of perspectives on how different European states have responded to the phenomenon of football crowd disorder and violence, or “hooliganism”. It applies a comparative legal approach, with a particular focus on civil and human rights, to analyze domestic legislation, policing and judicial responses to the problem of “football hooliganism” in Europe. Academics and legal professionals from eight different European countries introduce and analyze the different approaches and draw together common themes and problems from their various jurisdictions. They offer insights into the interactions between (domestic) politicians, law enforcers and sports authorities. The book is important reading for scholars and practitioners in the fields of law, sports law, sociology and criminology, and for all those concerned with questions of law enforcement and human rights. While it perfectly fits the curriculum for postgraduate studies in the fields mentioned, it is also highly recommended as secondary reading for undergraduate students. Dr. Anastassia Tsoukala is tenured Associate Professor at the University of Paris XI, France. Dr. Geoff Pearson is Senior Lecturer in Criminal Law at the University of Manchester’s Law School, Manchester, United Kingdom. Dr. Peter Coenen was Assistant Professor of Law at Maastricht University in the Netherlands.
    Note: Description based upon print version of record
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  • 9
    ISBN: 9789462650961
    Language: English
    Pages: Online-Ressource (IX, 212 p. 21 illus., 5 illus. in color, online resource)
    Edition: 1st ed. 2017
    Series Statement: Information Technology and Law Series 26
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. 3D printing
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    Keywords: International law ; Intellectual property Law and legislation ; Application software ; Law ; Mass media. ; Law ; Application software ; International law ; Intellectual property Law and legislation ; Geistiges Eigentum ; Internationales Privatrecht ; Anwendungssoftware
    Abstract: Introduction -- When 3D printing and the law get together, will crazy things happen? -- CC-PlusDesign.eu – Or How to Apply Creative Commons Licences to 3D Printed Products in the Light of the Most Recent Developments of the European Court of Justice Case Law -- From material scarcity to artificial abundance: The case of FabLabs and 3D printing technologies -- Possible printings: On 3D printing, database ontology and open (meta)design -- The focal practice of 3D printing -- The killer idea: How some gunslinging anarchists held freedom of speech at gunpoint -- Fraud and froth: Free-riding the 3d printing wave -- A taxonomy of online 3D printing platforms -- Adaptivity and rapid prototyping: How 3D printing is changing business model innovation -- How will society adopt 3D printing?.
    Abstract: The book in front of you is the first international academic volume on the legal, philosophical and economic aspects of the rise of 3D printing. In recent years 3D printing has become a hot topic. Some claim that it will revolutionize production and mass consumption, enabling consumers to print anything from clothing, automobile parts and guns to various foods, medication and spare parts for their home appliances. This may significantly reduce our environmental footprint, but also offers potential for innovation and creativity. At the same time 3D printing raises social, ethical, regulatory and legal questions. If individuals can print anything they want, how does this affect existing systems of intellectual property rights? What are the societal consequences of the various types of products one can print with a 3D printer, for example weapons? Should all aspects of 3D printing be regulated, and if so, how and to what ends? How will businesses (have to) change their way of working and their revenue model in light of the shift to printing-on-demand? How will the role of product designers change in a world where everyone has the potential to design their own products? These and other questions are addressed in high quality and in-depth contributions by academics and experts, bringing together a wide variety of academic discussions on 3D printing from different disciplines as well as presenting new views, broadening the discussion beyond the merely technical dimension of 3D printing. Bibi van den Berg is Associate Professor at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. Simone van der Hof is Full Professor at eLaw in Leiden and Eleni Kosta is Associate Professor at TILT, the Tilburg Institute for Law, Technology and Society at Tilburg University, The Netherlands.
    Description / Table of Contents: IntroductionWhen 3D printing and the law get together, will crazy things happen? -- CC-PlusDesign.eu - Or How to Apply Creative Commons Licences to 3D Printed Products in the Light of the Most Recent Developments of the European Court of Justice Case Law -- From material scarcity to artificial abundance: The case of FabLabs and 3D printing technologies -- Possible printings: On 3D printing, database ontology and open (meta)design -- The focal practice of 3D printing -- The killer idea: How some gunslinging anarchists held freedom of speech at gunpoint -- Fraud and froth: Free-riding the 3d printing wave -- A taxonomy of online 3D printing platforms -- Adaptivity and rapid prototyping: How 3D printing is changing business model innovation -- How will society adopt 3D printing?.
    Note: Description based upon print version of record
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  • 10
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650930
    Language: English
    Pages: Online-Ressource (XI, 291 p, online resource)
    Edition: 1st ed. 2016
    Series Statement: International Criminal Justice Series 4
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Viebig, Petra Illicitly obtained evidence at the International Criminal Court
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    Keywords: Law ; International criminal law ; Law ; International criminal law ; Internationaler Strafgerichtshof ; Beweis ; Zulässigkeit ; Beweisverbot ; Beweiserhebungsverbot ; Beweisführung ; Beweismittel ; Beweisverwertung
    Abstract: Introduction -- Legal sources and legal methodology under the ICC Statute -- Previous approaches to the exclusion of illicitly obtained evidence -- The development of an approach to the exclusion of evidence by the International Criminal Court -- Factors in the balancing exercise -- The relation between the violation and the evidence -- Procedural aspects -- Conclusion and outlook.
    Abstract: This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.
    Description / Table of Contents: IntroductionLegal sources and legal methodology under the ICC Statute -- Previous approaches to the exclusion of illicitly obtained evidence -- The development of an approach to the exclusion of evidence by the International Criminal Court -- Factors in the balancing exercise -- The relation between the violation and the evidence -- Procedural aspects -- Conclusion and outlook.
    Note: Includes bibliographical references and index
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  • 11
    ISBN: 9789462651050
    Language: English
    Pages: 1 online resource (614 pages)
    Series Statement: International Criminal Justice Ser. v.6
    Parallel Title: Erscheint auch als
    DDC: 345.59601
    RVK:
    Keywords: Law ; Electronic books
    Abstract: Intro -- The Extraordinary Chambers in the Courtsof Cambodia -- Foreword -- Contents -- Editors and Contributors -- Abbreviations -- 1 Introduction: An Extraordinary Court -- Abstract -- Part I Assessing the History, Establishment, Judicial Independence and Legacy -- 2 Trials and Tribulations: The Long Quest for Justice for the Cambodian Genocide -- Abstract -- 2.1 Introduction -- 2.2 Background -- 2.2.1 The Long Process of Seeking Justice for the Khmer Rouge Crimes -- 2.2.2 United Nations Acknowledgment -- 2.2.3 The End of the Khmer Rouge -- 2.2.4 The Law and Agreement on Establishment of the ECCC -- 2.3 Key Features of the Extraordinary Chambers in the Courts of Cambodia -- 2.3.1 Jurisdiction -- 2.3.2 Structure -- 2.3.3 Decisions -- 2.3.4 Penalties, Amnesties and Pardons -- 2.3.5 Procedure -- 2.3.6 Administration and Expenses -- 2.3.7 The Agreement Between the Royal Government of Cambodia and the United Nations -- 2.4 Judicial Challenges -- 2.4.1 Qualification of Crimes Prosecuted -- 2.4.2 National Crimes -- 2.4.3 Genocide -- 2.4.4 Scope of the Trials -- 2.4.5 Legal and Administrative Framework for Victim Participation -- 2.5 Non-judicial Challenges -- 2.5.1 The Ticking of the Clock -- 2.5.2 Chronic Under-Funding -- 2.5.3 The Tower of Babel -- 2.5.4 The Crusade Against the ECCC by Human Rights Organisations -- 2.6 Conclusion -- References -- 3 Allegations of Political Interference, Bias and Corruption at the ECCC -- Abstract -- 3.1 Introduction -- 3.2 Structural Deficiencies and Political Interference -- 3.3 Judicial Resignation in Response to Political Interference -- 3.3.1 The Resignation of Judge Blunk -- 3.3.2 The Resignation of Judge Kasper-Ansermet -- 3.4 Allegations of Judicial Bias at the ECCC -- 3.4.1 The Applicable Standard for Judicial Disqualification -- 3.4.2 ECCC Case Law on Allegations of Bias.
    Note: Description based on publisher supplied metadata and other sources
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  • 12
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462651029
    Language: English
    Pages: Online-Ressource (XII, 434 p, online resource)
    Series Statement: International Criminal Justice Series 5
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Zeegers, Krit International criminal tribunals and human rights law
    RVK:
    RVK:
    Keywords: Law ; Human rights ; International criminal law ; Criminology ; Law ; Human rights ; International criminal law ; Criminology ; Human rights ; International criminal courts ; Internationale Strafgerichtsbarkeit ; Menschenrecht ; Internationale Strafgerichtsbarkeit ; Menschenrecht
    Abstract: Introduction -- Human Rights Oligations of the ICTs under International Law -- Human Rights Obligations of the ICTs Based on their Internal Law and Practice -- The Right to Privacy and Investigative Measures -- The Right to Liberty and Provisional Release -- The Right to be Tried Without Undue Delay -- Adherence and Contextualization: Towards a Methodological Framework for the Interpretation and Application of Human Rights Norms -- Summary and Conclusion.
    Abstract: This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’ own interpretation and application of human rights norms. First, the book addresses whether and how ICTs are bound by human rights law, since unlike states they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs’ possible leeway in terms of contextualization, this book contributes to the broader debate about adherence to human rights norms in international law. Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.
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  • 13
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462651234
    Language: English
    Pages: 1 online resource (242 pages)
    Series Statement: International Criminal Justice Ser. v.7
    Parallel Title: Erscheint auch als
    DDC: 364.151
    RVK:
    RVK:
    Keywords: Law ; Electronic books
    Abstract: Intro -- Acknowledgments -- Contents -- 1 Introduction -- References -- 2 A Critique of Individualistic Approaches to Genocidal Intent -- Abstract -- 2.1 The Traditional Individualistic Understanding of Genocidal Intent: Its Pure Subjectivity -- 2.2 An Overview of the Purpose-Based Approach -- 2.3 An Overview of the Knowledge-Based Approach -- 2.4 Rethinking the Knowledge-Based Approach (I): Some Observations -- 2.4.1 A Hypothetical: An Insomniac Commander -- 2.4.2 Consequence or Context? On Valid Objects of Knowledge -- 2.4.3 Why Principals? A Comparison with Joint Criminal Enterprise and Perpetration by Means -- 2.4.4 Why Knowledge? A Comparison with Aiding and Abetting Genocide -- 2.4.5 Just an Aiding and Abetting Theory? A Wake-Up Call from the Popović et al. Case -- 2.5 Rethinking the Knowledge-Based Approach (II): A Purpose-Based Theory of Individualistic Genocidal Intent -- 2.5.1 'Special Intent': A Matter of IntensityDegree, or of Object? -- 2.5.2 Genocidal Intent as 'Direct IntentPurposely' -- 2.5.2.1 The Three-Level Hierarchy of Mens Rea -- 2.5.2.2 Destruction as an 'Unwanted (or Uninterested) but Permitted Side-Effect'? -- 2.5.2.3 Destruction as a 'Desired Main Effect' on the 'Straight Line of Your Purpose' -- 2.5.2.4 The Notion of 'Desire in a Broad Sense' -- 2.6 Complications and Frustrations: Individualistic Genocidal Intent at the Ad Hoc Tribunals -- 2.6.1 The Akayesu Paradox: Applying the Knowledge-Based Theory to the Purpose-Based Concept of Genocidal Intent? -- 2.6.2 Case Law Claiming the Purpose-Based Approach Doctrinally, but Denying It Evidentially? -- 2.6.3 From Individualistic Intent to Collective Intent -- References -- 3 Collective Genocide, Contextual Element and Substantiality -- Abstract -- 3.1 An Overview of the Two-Layered Structure of Genocide: 'Conduct Level' Versus 'Context Level'.
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  • 14
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650411
    Language: English
    Pages: Online-Ressource (XVIII, 275 p, online resource)
    Series Statement: International Criminal Justice Series 2
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. Materu, Sosteness Francis The post-election violence in Kenya
    RVK:
    Keywords: Law ; Hochschulschrift ; Kenia ; Internationaler Strafgerichtshof ; Wahl ; Bürgerkrieg ; Gewalt
    Abstract: Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law - war crimes, genocide, crimes against humanity and aggression - should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spirit of this road map, the author analyzes the post-election violence in Kenya from a legal point of view. He extensively examines legal options for domestic criminal accountability and discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms, being the main legal responses to the gross violations of human rights. Furthermore, he thoroughly investigates the Kenya situation before the ICC and the legal-cum-political responses to the ICC intervention in Kenya. Practitioners and academics in the field of international criminal law and related disciplines, as well as political sciences and (legal) history will find in this book highly relevant information about alternative legal approaches of the fight against and punishment of crimes against humanity, as defined under the ICC Statute. Sosteness Francis Materu is a lecturer in the Faculty of Law of the University of Dar es Salaam (Tanzania). He obtained his Bachelors Laws Degree (LL.B) from the same University in 2008, a Master of Laws Degree (LL.M) from the University of the Western Cape (South Africa) in 2010, and a Doctorate in Law from Humboldt-Universität zu Berlin (Germany) in 2014. He is also a proud alumnus of the South African-German Centre for Transnational Criminal Justice
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  • 15
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650480
    Language: English
    Pages: Online-Ressource (XVIII, 333 p. 3 illus, online resource)
    Series Statement: ASSER International Sports Law Series
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Pijetlovic, Katarina, 1978 - EU sports law and breakaway leagues in football
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    Keywords: Law ; Europäische Union ; Sportrecht
    Abstract: Katarina Pijetlovic is the first author to address the issue of breakaway leagues in football and their treatment under EU law. In this book she guides the reader through EU sports law, the specificities of the sporting industry and the problems and power struggles in European football governance in the context of the breakaway threats by elite clubs. In order to analyse the legality of UEFA clauses that restrict the formation of such breakaway structures, the author first provides a progressive interpretation of the applicable EU sports law and an in-depth analytical review of EU sports cases decided under internal market and competition provisions, including a novel perspective on the UEFA home-grown rule and the Bosmancase. Thereafter, she sets out an original theory of convergence between TFEU provisions on competition and the internal market in the light of sporting exceptions. Finally, in applying the legal principles thus outlined Katarina Pijetlovic explores the legality of the restrictive UEFA clauses and the case for the formation of alternative leagues in European football under EU sports law. A number of surprising outcomes emerge from this analytical process. Conversely, she also tests the largely neglected issue of the legality of forming a breakaway league by the European elite football clubs.The systematic way in which the reader is guided through EU sports law and the legal issues under consideration makes the book accessible for EU lawyers as well as non-EU sports lawyers, on both an academic and a practitioner's level. Katarina Pijetlovic holds licentiate and doctoral degrees in EU sports law from the University of Helsinki. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. David McArdle, Prof. Ben Van Rompuy and Marco van der Harst LL.M.
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  • 16
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650541
    Language: English
    Pages: Online-Ressource (XX, 141 p, online resource)
    Series Statement: International Criminal Justice Series 3
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Thompson, Bankole Universal jurisdiction: the Sierra Leone profile
    RVK:
    Keywords: Law ; Law ; Sierra Leone ; Internationale Gerichtsbarkeit
    Abstract: This book is about the combating of impunity from international criminality, with a special focus on the role of Sierra Leone as a pioneer in the progressive application of international criminal law in the African region. Despite Sierra Leone’s role, the country’s profile, both in terms of the incorporation and application of the doctrine of universal jurisdiction, is deficient in several major respects falling far short of its dual international obligation not to provide safe havens from justice for perpetrators of international crimes and to combat impunity from such crimogenic acts. Based on his vast experience in this field, the author provides the reader with a seminal scholarly work articulating the existing state of the law in Sierra Leone and highlighting the deficiencies in the law and factors inhibiting the exercise of universal jurisdiction in this UN member state. He also proposes substantive and procedural law reforms in the state’s relevant law on the subject. The book is recommended reading for practitioners and scholars in international criminal law and related disciplines. Its accessibility is highly enhanced by relevant footnotes, tables and summaries of each chapter. Justice Bankole Thompson holds a Ph.D. in Law from the University of Cambridge. He is Professor Emeritus of Criminal Justice Studies, Eastern Kentucky University, USA. He was a Judge of the Special Court for Sierra Leone. Currently, Justice Thompson is a Judge of the Residual Special Court for Sierra Leone, and a fellow of the Sierra Leone Institute of International Law
    Description / Table of Contents: IntroductionSources of International Law -- Relationship between International Law and Municipal Law -- Justice in Sierra Leone: Principal Agencies -- Justice in Sierra Leone: Subsidiary Agencies -- Jurisdiction: Nature, Scope, Dimensions and Complexities -- Universal Criminal Jurisdiction: Law and Practice in Sierra Leone -- Universal Civil Jurisdiction: Law and Practice in Sierra Leone -- Universal Jurisdiction: The Sierra Leone Profile - Problematic Features -- Universal Jurisdiction in Sierra Leone: Reform of the Law.
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  • 17
    ISBN: 9789462650350
    Language: English
    Pages: Online-Ressource (X, 285 p. 1 illus. in color, online resource)
    Series Statement: SpringerLink
    Series Statement: Bücher
    Series Statement: Springer eBook Collection
    Series Statement: Humanities, Social Sciences and Law
    Parallel Title: Druckausg. The European Public Prosecutor's Office
    RVK:
    Keywords: Law ; Europäische Union ; Staatsanwaltschaft ; Organisation
    Abstract: In July 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor’s Office (EPPO). The proposal provoked fierce debates, politically as well as on the academic level. Many national parliaments opposed and submitted formally their grievances to the Commission and negotiations on the proposal between Member States are ongoing. As early as September 2013, the T.M.C. Asser Instituut in The Hague, The Netherlands, held the first international conference on this unprecedented proposal. This book reflects the main results of that conference. It provides a concise background of and reasoning for the introduction of this new EU body entrusted with far reaching judicial powers disclosing important legal and policy implications. Within its hitherto limited scope, the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecution offices. This book helps answering fundamental questions involved. It provides a solid basis for both academics and practitioners to further structure an EPPO, respecting the interests of all parties involved. At the time of writing and editing this volume, Leendert Erkelens and Arjen Meij were both Visiting Research Fellow at the T.M.C. Asser Instituut in The Hague, The Netherlands. Marta Pawlik was a Research Assistant in the same Institute.
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  • 18
    ISBN: 9789462650633
    Language: English
    Pages: Online-Ressource (XII, 401 p. 8 illus., 7 illus. in color, online resource)
    Series Statement: Legal Issues of Services of General Interest
    Series Statement: SpringerLink
    Series Statement: Bücher
    Parallel Title: Druckausg. Services of general interest beyond the single market
    RVK:
    Keywords: Law ; Law ; Aufsatzsammlung ; Öffentliche Dienstleistung ; Internationales Wirtschaftsrecht
    Abstract: This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU’s external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany
    Description / Table of Contents: IntroductionRevisiting the impact of GATS on public services -- WTO procurement rules: in particular the Government Procurement Agreement (GPA) and services of general interest -- Regulating Public Services and International Investment Law -- NAFTA’s Approach to Protecting Public Services: Fragmentary, Asymmetrical, Rigid and Limited -- Emerging principles of international competition law: Do Public Services Matter? -- Services of General Interests under Regimes of Fiscal Austerity -- A normative basis for EU external relations? Protecting internal values beyond the Single Market -- Ambivalence of the European strategy in external relations on trade agreements -- Public services exemptions in EU free trade and investment agreements -- Services of General Interest in the European Neighbourhood Policy -- Towards an International Regime of Regulating Electronic Communications -- Services of General Interest and the External Dimension of the EU Energy Policy -- The impact of free trade agreements on local self-government - The provision of drinking water by local utilities in Germany as a case study -- Health systems and policy space for health in the context of European Union trade policies.
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  • 19
    Online Resource
    Online Resource
    The Hague : T.M.C. Asser Press
    ISBN: 9789462650572
    Language: English
    Pages: 1 online resource (271 pages) , illustrations (some color)
    RVK:
    Keywords: Armed Forces in foreign countries ; Military law ; Criminal jurisdiction ; Criminal liability ; Military law ; Netherlands ; Netherlands ; Armed Forces ; Foreign countries ; Electronic books
    Note: Includes bibliographical references and index. Description based on online resource; title from PDF title page (ebrary, viewed May 8, 2015)
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