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Externalisation of Migration Control: Impunity or Accountability for Human Rights Violations? Netherlands International Law Review Pub Date : 2024-04-15 Annick Pijnenburg
Externalisation and the human rights violations it entails have received much attention in recent years from both advocates and academics. Since a key aspect of externalisation consists in people on the move staying in the Global South, the locus of litigation has broadened from externalising states in the Global North to also include accountability mechanisms in the Global South. Therefore, this article
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Examining the Breadth and Conformity with Global Standards of Vietnamese Courts’ Exclusive Jurisdiction in International Commercial Contracts Pertaining to Immovable Property Within Vietnam Netherlands International Law Review Pub Date : 2024-03-13 Trinh Thị Hồng Nguyễn
This article delves into the critical aspect of exclusive jurisdiction in Vietnamese law, particularly focusing on disputes emerging from international commercial contracts relating to immovable property. The main objective is to demystify the types of disputes that are encompassed under this exclusive jurisdiction and to propose a requisite level of connection to Vietnamese immovable property for
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The Unprecedented Ramsar Resolution: Ukrainian Wetlands Protection in Armed Conflict Netherlands International Law Review Pub Date : 2024-02-14 Meng Wang
Armed conflict has devastating environmental consequences, adversely impacting critical ecosystems and natural resources. The conflict between Russia and Ukraine, which has been ongoing since February 2022, has significantly affected Ukrainian wetlands, jeopardising their vital ecosystem services. The Convention on Wetlands of International Importance Especially as Waterfowl Habitat (‘Ramsar Convention’)
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World Pandemic Control in International Law: Through a Transboundary Harm Perspective Netherlands International Law Review Pub Date : 2024-02-07
Abstract The current pandemic response system under the International Health Regulations has been considered unsatisfactory in controlling world pandemic outbreaks. Opinions are voiced that a legal evolution incorporating other sources of international law is imperative to meet the system’s primary deficiency: the uneven degree of State compliance with the ‘core capacity’ requirements. Against this
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The International Community’s Reaction to the Soviet Annexation of the Baltic Republics: The Recognition Dilemma Netherlands International Law Review Pub Date : 2023-10-19 Evgeny Tikhonravov
Multiple viewpoints have been expressed regarding the international community’s reaction to the Soviet Union’s 1940 annexation of Estonia, Latvia, and Lithuania. Some scholars assert that this incorporation was recognized by the overwhelming majority of states. Others disagree and argue that the absorption of the Baltic Republics was not recognized by the greater part of the international community
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From Tehran to Moscow: The ICJ’s 2023 Certain Iranian Assets Judgment and Its Broader Ramifications for Unilateral Sanctions, Including Against Russia Netherlands International Law Review Pub Date : 2023-10-10 Tom Ruys, Mira Deweerdt
On 30 March 2023, the International Court of Justice delivered its judgment on the merits in the Certain Iranian Assets case brought by the Islamic Republic of Iran against the United States. This article takes a closer look at the reasoning adopted by the Court, while zooming in on noteworthy findings of interest for international law. In addition, it examines the potential ramifications of the judgment
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Islandness and the European Court of Human Rights: Marooning Rights on Islands? Netherlands International Law Review Pub Date : 2023-10-04 Aikaterini Tsampi
Some 80 million people live on European islands. It thus comes as no surprise that a number of cases brought before the European Court of Human Rights developed on and/or pertain to islands. What is surprising, though, is that this jurisprudential corpus has not been explored with a view to assessing whether islandness has or should have a role in the implementation of the European Convention on Human
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A Heartfelt Commitment to the International Rule of Law? The United Kingdom and the International Court of Justice Netherlands International Law Review Pub Date : 2023-10-04 Mauro Barelli
The UK proudly describes its longstanding commitment to the International Court of Justice as a sign of its broader commitment to international adjudication and, in turn, the international rule of law. This article calls into question this narrative suggesting that, despite official pledges and rhetoric to the contrary, the UK cannot be said to have truly accepted the authority of the Court to scrutinize
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Lessons Learned in Qatar: The Role of the Netherlands and Its Businesses in Addressing Human Rights Abuses in Mega-Sporting Events Netherlands International Law Review Pub Date : 2023-06-15 Daniela Heerdt, Lucas Roorda
Mega-sporting events (MSEs) can have a negative impact on human rights throughout their lifecycle, from the bidding stage, over to the planning and preparation stage, the delivery of the event, and also as part of their legacy after the event has concluded. They can be linked to land grabbing, forced evictions, forced labour and many other human rights abuses. The problem is that only a very few of
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On Due Diligence and the Rights of Indigenous Peoples in International Law: What a Māori World View Can Offer Netherlands International Law Review Pub Date : 2023-05-10 Medes Malaihollo
Due diligence is on the rise in international law. However, its roots and historic narrative remain heavily Eurocentric in nature. This becomes problematic in the context of states’ due diligence obligations relating to the rights of indigenous peoples. Meanwhile, due diligence can also be found in indigenous legal systems. An example is tikanga, which regulates the lives of the Māori in New Zealand
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CAVV Symposium on Independent Advice on Public International Law Netherlands International Law Review Pub Date : 2023-05-04 Louisa Handel-Mazzetti, Vyashti Ramlakhan, Daniëlla Dam-de Jong, Cedric Ryngaert
This report provides a summary of a symposium on independent advice on public international law, organized by the Dutch Advisory Committee on Public International Law (CAVV) on the 19th of January 2023 in The Hague. The speakers highlighted the internationally unique character of the CAVV, which is a formal body, established by law, advising the Dutch Government (Cabinet and Parliament) on questions
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Confiscating Russia’s Frozen Central Bank Assets: A Permissible Third-Party Countermeasure? Netherlands International Law Review Pub Date : 2023-04-18 Menno T. Kamminga
The war of aggression by a permanent member of the Security Council, combined with the availability of its assets on the territory of other states, creates an opportunity to solve one of international law’s enigmas: the legality of third-party countermeasures in the general interest. Would confiscating Russia’s frozen Central Bank assets and making the proceeds available to repair the war damage in
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The State of the International Criminal Court, of Special Tribunals and of International Criminal Law: A Concise Review Netherlands International Law Review Pub Date : 2022-12-13 Harry H. G. Post
International criminal law has changed rather dramatically in the last three decades. Whereas in the early 1990s the field was an almost exotic specialization of penal law, it has now developed into a thriving part of the law. Nowadays, most law schools have specialists in international criminal law which has usually developed into an important field of research. An important factor in this development
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Naval Blockade and the Russia–Ukraine Conflict Netherlands International Law Review Pub Date : 2022-12-13 Martin Fink
The Russia–Ukraine conflict is also being fought in the maritime dimension. Regarding methods of warfare, of particular note has been the possible existence of a Russian naval blockade in the Sea of Azov and off the coast of Odessa in the Black Sea. The blockade played a significant role in the emergence of the grain crisis, and has been opined to be the main reason why vessels were not able to safely
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The ‘Commons’ Solution to Troubled Waters Netherlands International Law Review Pub Date : 2022-11-14 Xuechan Ma
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Disciplining Rules? Compliance, the Rules of Interpretation, and the Evaluative Dimension of Articles 31 and 32 of the VCLT Netherlands International Law Review Pub Date : 2022-09-01 Daniel Peat
In what way do Articles 31 and 32 of the VCLT constitute ‘rules’ of interpretation? In this article, I explore whether these provisions might be considered to be ‘disciplining rules’, to use Owen Fiss’ terminology. Such rules perform both directive and evaluative roles, guiding the interpreter as well as acting as a benchmark against which to evaluate interpretation. Yet, both the history and the practice
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The Impact of Subsequent Customary International Law on Treaties: Pushing the Boundaries of Interpretation? Netherlands International Law Review Pub Date : 2022-08-30 Irina Buga
Conflicts between treaty and customary norms are endemic to international law and are increasingly frequent. Yet there is nothing automatic or mechanical about interpreting and resolving such conflicts, which require a high degree of contextual sensitivity. Their identification and interpretation test the limits of the rules of treaty interpretation as codified in the Vienna Convention on the Law of
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The Uses of the Outputs of the International Law Commission in International Adjudication: Subsidiary Means or Artefacts of Rules? Netherlands International Law Review Pub Date : 2022-08-23 Sotirios-Ioannis Lekkas
This paper examines the methods which international courts and tribunals (ICTs) employ when using ILC outputs for the purpose of determining rules of international law and their content. Specifically, it identifies common patterns in the ways in which ICTs, first, justify their reliance on ILC outputs and, second, deal with their ambiguities. The paper argues in favour of a consistent methodology for
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Acts of International Organizations as Extraneous Material for Treaty Interpretation Netherlands International Law Review Pub Date : 2022-08-23 Kirsten Schmalenbach
Acts of international organizations often reflect developments in international law. Therefore, they could contribute to the evolutive interpretation of treaty texts if it were not for Article 31 VCLT, which embraces extraneous material for interpretative purposes but strongly focuses on the parties’ acceptance of the material’s interpretive value. The analysis of national and international case law
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Interpretation of Unilateral Acts in International Law Netherlands International Law Review Pub Date : 2022-08-18 Eva Kassoti
The article explores the question of interpretation of unilateral acts in international law both from the perspective of ascertaining their binding force (law determination) and from the perspective of ascertaining their content (content determination). It argues that the objective intention of the author to be bound is what distinguishes binding commitments of unilateral origin from non-binding ones
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Law’s Determinability: Indeterminacy, Interpretative Authority, and the International Legal System Netherlands International Law Review Pub Date : 2022-08-09 Gleider Hernández
Authority claims remain rooted in the antecedent existence of a degree of indeterminacy, in particular in the international legal system, in which a lack of systematicity characterises how international actors claim and exercise authority. The indeterminacies in international law give rise to certain practices and mechanisms designed to cure such deficiencies, and in particular these practices are
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Distorting Fundamental Norms of International Law to Resurrect the Soviet Union: The International Law Context of Russia’s Invasion of Ukraine Netherlands International Law Review Pub Date : 2022-07-26 Sofia Cavandoli, Gary Wilson
Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, albeit most devastating, intervention in a neighbouring former Soviet state. This article considers the legal justifications for Russia’s actions and finds them to be far from satisfactory. The claims advanced by Russia closely mirror those made in respect of its prior interventions in the former Soviet space
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The Contours and Limits of Environmental Remediation Under the Treaty on the Prohibition of Nuclear Weapons Netherlands International Law Review Pub Date : 2022-06-15 Christopher P. Evans
The entry into force of the Treaty on the Prohibition of Nuclear Weapons (TPNW) in January 2021 has sparked analysis of the so-called ‘positive obligations’ under Article 6, requiring states parties to address prior harm caused by the testing or use of nuclear weapons to both individuals and the environment. But although there has been much discussion of victim assistance under Article 6(1), there
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Enforcing the ‘Community Interest’ in Combating Transnational Crimes: The Potential for Public Interest Litigation Netherlands International Law Review Pub Date : 2022-05-24 Cecily Rose
Transnational criminal law treaties could give rise to public interest litigation concerning the breach of an obligation erga omnes partes, meaning an obligation owed by one state party to all other states parties. This article aims to contribute to scholarship on the subject of erga omnes or ‘community interest’ norms by exploring the potential for international litigation concerning non-compliance
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Judicial Activism in the Evolution of a Judicial Function for the International Courts: The Role of Compétence de la Compétence Netherlands International Law Review Pub Date : 2022-05-17 Leoni Ayoub
Judicial activism is a highly controversial term that has given rise to varied debates and discussions. While it remains elusive in legal scholarship on international adjudication, judicial activism features within analyses as anathema to the judicial function, sometimes as a reaction to a particularly unwelcome decision or when the decision may have crossed some alleged boundary or another. It is
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Britain and European Human Rights Law: An Author’s Apology Netherlands International Law Review Pub Date : 2022-05-10 Mark Weston Janis
In four books published between 1990 and 2008, I, along with my two co-authors, was very optimistic about the up-ward trajectory of European human rights law, opining that a ‘critical moment’ in the accepted legitimacy of the European Court of Human Rights had been passed. Now that Britain has ‘brexited’ the European Union, it is not implausible that Britain, and perhaps other states, will leave some
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Solidarity as a Practical Reason: Grounding the Authority of International Law Netherlands International Law Review Pub Date : 2022-02-28 Kostiantyn Gorobets
This article discusses the concept and the principle of solidarity in international law. It is often argued that solidarity is a(n) (emerging) principle of international law, yet its normative function in international law is not clear or well defined. I trace the development of the idea of solidarity and show how its image gradually shifted from reflecting the factual societal bonds to being mainly
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Another Hole in the Wall? Evaluating the Legality of Egypt’s 2017 Airstrikes Against Non-State Targets in Libya Under the Jus ad Bellum Netherlands International Law Review Pub Date : 2022-02-03 Daley J. Birkett
In May 2017, the Egyptian armed forces conducted airstrikes against non-State targets in the neighbouring State of Libya in response to a series of attacks perpetrated against groups of Coptic Christians on Egyptian territory, killings later claimed by the self-styled Islamic State. In justifying its use of armed force, resort to which is generally impermissible in international law, Egypt purports
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The Due Diligence Standard and the Prevention of Racism and Discrimination Netherlands International Law Review Pub Date : 2022-01-31 Paulo de Tarso Lugon Arantes
The due diligence standard has played a significant role in preventing human rights violations, including racial discrimination. Yet, it is significantly articulated in neutral terms, often failing to grasp the specificities of violations of this type. Moreover, the positive structural impact that due diligence can produce is still subject to debate and is approached with reluctance by human rights
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The Failure of the Arab Court of Human Rights and the Conflicting Logics of Legitimacy, Sovereignty, Orientalism and Cultural Relativism Netherlands International Law Review Pub Date : 2022-01-12 Almutawa, Ahmed
In 2014 the League of Arab States (LAS) adopted a statute to establish the Arab Court of Human Rights (ACtHR). However, the proposed court has been strongly criticised for, inter alia, failing to provide for the right of individual petition. Consequently, the statute has failed to receive sufficient ratification and the process of establishing a supranational human rights enforcement mechanism has
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Do Guarantees of Non-Recurrence Actually Help to Prevent Systemic Violations? Reflections on Measures Taken to Prevent Domestic Violence Netherlands International Law Review Pub Date : 2021-12-08 Carla Ferstman
This article assesses the effectiveness of guarantees of non-recurrence to prevent the recurring, systemic violation of domestic violence. I consider whether there is any evidence to demonstrate that the measures ordered in response to state due diligence failings concerning domestic violence produced a change that that can be understood as effectively contributing to prevention. This is done principally
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Cedric Ryngaert: Selfless Intervention: Exercising Jurisdiction in the Common Interest Netherlands International Law Review Pub Date : 2021-12-01 Mark Weston Janis
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Preventive Obligations: Some Introductory Comments Netherlands International Law Review Pub Date : 2021-12-01 Eva Rieter
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Daniel Girsberger et al. (eds.), Choice of Law in International Commercial Contracts Global Perspectives on the Hague Principles (Oxford Private International Law Series Series – Editors: Jonathan Harris QC & Andrew Dickinson) Netherlands International Law Review Pub Date : 2021-12-01 Sai Ramani Garimella,Mukesh Rawat
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The Effectiveness of Human Rights Due Diligence for Preventing Business Human Rights Abuses Netherlands International Law Review Pub Date : 2021-11-25 McCorquodale, Robert, Nolan, Justine
Human rights due diligence is today a key aspect of the international, regional and national debates about corporate accountability for human rights abuse. It is a process by which businesses are expected to assess actual and potential human rights impacts, integrate and act upon the findings, track the responses, and communicate how those impacts are addressed. Yet there is little research as to how
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Between Stability and Change: The Concept of Historical Consolidation of Title in the Acquisition of Territory Revisited Netherlands International Law Review Pub Date : 2021-09-06 Tanaka, Yoshifumi
Territorial disputes entail the serious risk of destabilising an international legal order. Given that many territorial disputes remain unsettled, a clarification of the rules governing the acquisition of territory should be crucial in international law. An essential issue of the international law of the acquisition of territory concerns the question of how one can strike a balance between the requirement
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R.A. Falk, Public Intellectual: The Life of a Citizen Pilgrim Netherlands International Law Review Pub Date : 2021-08-31 Alfred de Zayas
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T. Starblanket, Suffer the Little Children: Genocide, Indigenous Nations and the Canadian State Netherlands International Law Review Pub Date : 2021-08-31 Alfred de Zayas
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ILA Guidelines for Sustainable Natural Resources Management for Development Netherlands International Law Review Pub Date : 2021-08-30 Marie-Claire Cordonier Segger,Nico J. Schrijver
On 13 December 2020, the 79th Conference of the International Law Association (ILA) adopted by consensus the ‘ILA Guidelines for Sustainable Natural Resources Management for Development’ (Resolution 2020/4). This resolution was passed at the conclusion of its Kyoto session, which in view of COVID-19 constraints took place virtually for the first time in history. The ILA Sustainable Natural Resources
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International Protection of Foreign Investments in Offshore Energy Production and Marine Environmental Protection: Birds of a Feather or Frenemies Forever? Netherlands International Law Review Pub Date : 2021-08-24 Giannopoulos, Nikolaos
Initially, international investment law and international law on the protection of the marine environment were two branches that developed separately. As these international regimes mature, they often speak to the same facts, bringing about their ever-increasing normative interaction, way before any disputes arise. The regulation of investments in offshore energy production is chosen as a case study
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Standards of Review for the Non-Precluded Measures Clause in Investment Treaties: Different Wording, Different Levels of Scrutiny Netherlands International Law Review Pub Date : 2021-08-24 Abedian Kalkhoran, Mir-Hossein, Sabzevari, Habib
The non-precluded measures (‘NPM’) clause allows a state to restrict the exercise of the investor’s rights and protections provided for in international investment agreements (‘IIAs’) during emergencies. In light of the increase in investor-state disputes brought by foreign investors under investment treaties, treaty negotiators have included such a clause in recent IIAs to support the state’s position
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Hague Case Law: Latest Developments Netherlands International Law Review Pub Date : 2021-08-23 Anna Meijknecht
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Jurisdiction and Combatant’s Privilege in the MH17 Trial: Treading the Line Between Domestic and International Criminal Justice Netherlands International Law Review Pub Date : 2021-08-19 Yanev, Lachezar
This article focuses on the MH17 Trial that is currently underway in the Netherlands, dealing with the shooting down of a civilian aircraft over Eastern Ukraine and the resulting deaths of all 298 persons on board. Two legal questions arising from the prosecutorial strategy to charge the four accused with ‘ordinary’ crimes under the Dutch Criminal Code—instead of with war crimes—are studied here. First
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Due Diligence in International Environmental Law and International Human Rights Law: A Comparative Legal Study of the Nationally Determined Contributions under the Paris Agreement and Positive Obligations under the European Convention on Human Rights Netherlands International Law Review Pub Date : 2021-04-28 Medes Malaihollo
Due diligence is a frequently employed notion in international law, yet much is still to be explored about this concept. This article aims to contribute to an understanding of due diligence obligations in international law, which is useful as it can form the basis for a further clarification of corresponding legal rights of subjects of international law. With this purpose in mind, this article initiates
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Hague Case Law: Latest Developments Netherlands International Law Review Pub Date : 2021-04-21 Anna Meijknecht
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Community Interest and the International Public Legal Order Netherlands International Law Review Pub Date : 2021-04-19 Sarah Thin
Traditional ideas about the private nature of the international legal order are increasingly being forced to contend with the development of public legal elements at the international level. The notion of the international community interest is key to understanding these developments and, as such, has transformed our understanding of international law. There are many different approaches to the public/private
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Treaty-text Loyalists’ Burden with Subsequent State Practice Netherlands International Law Review Pub Date : 2021-04-06 Benedict Abrahamson Chigara
The role of subsequent state practice in the procedural law of treaties, and in the determination of consent in the implementation of treaties have become the subject of much scholarly debate in recent times. The UN International Law Commission has devoted copious amounts of study time into these issues under the distinguished guidance of Georg Nolte as Special Rapporteur. Ph.D. theses and research
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The Legal Consequences of Obligations Erga Omnes in International Law Netherlands International Law Review Pub Date : 2021-03-15 Yoshifumi Tanaka
While obligations erga omnes have increasingly been referred to in the jurisprudence, the legal consequences of those obligations are not adequately clarified in international law. Thus this article explores the legal effects of obligations erga omnes in general international law. After an examination of the criteria for the identification of obligations erga omnes, this article considers three possible
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‘Necessary’ in Non-Precluded Measures Provisions in Bilateral Investment Treaties: The Indian Contribution Netherlands International Law Review Pub Date : 2020-12-07 Prabhash Ranjan
One of the controversial issues in international investment law disputes has been the interpretation of ‘necessary’ in the non-precluded measures (NPM) provisions in bilateral investment treaties (BITs). investor-state dispute settlement (ISDS) tribunals have employed different methodologies to interpret ‘necessary’ in the NPM provisions ranging from using the customary international law defence of
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Hague Case Law: Latest Developments Netherlands International Law Review Pub Date : 2020-12-01 Anna Meijknecht
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Allies or Foes? A Review of the Relationship between the International Criminal Court and the United Nations Security Council Netherlands International Law Review Pub Date : 2020-12-01 Lloyd T. Chigowe
The question concerning the relationship between the United Nations and the International Criminal Court proved controversial during the drafting of the Rome Statute. While some delegates were concerned about the impact of this relationship on the independence and operations of the Court, others viewed it as key to ensuring the acceptance of the Court. Two decades after the adoption of the Rome Statute
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W.A. Schabas, Nowak’s CCPR Commentary: U.N. Covenant on Civil and Political Rights, 3rd rev. edn. Netherlands International Law Review Pub Date : 2020-11-05 Alfred de Zayas
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E. de Wet, Military Assistance on Request and the Use of Force Netherlands International Law Review Pub Date : 2020-10-26 Marko Svicevic
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Green Shoots in a Barren World: Recent Developments in International Investment Law Netherlands International Law Review Pub Date : 2020-10-26 Jason Rudall
This article begins from the observation that there have been a number of developments in international investment law-making and the jurisprudence of investor-state dispute settlement tribunals involving the protection of the environment and human rights. As for law-making, this article explores the evolving substance of international investment agreements as well as regulatory developments in the
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The Obligation to Provide Reparations by Armed Groups: A Norm under Customary International Law? Netherlands International Law Review Pub Date : 2020-10-20 Laura Íñigo Álvarez
Reparations represent a key element to redress the suffering caused to victims of armed conflict. Taking into account the predominantly non-international nature of contemporary armed conflicts and the fact that armed groups represent half of the participants, it seems legitimate to question whether reparations should also be provided by armed groups. From the victims’ perspective, the suffering caused
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‘The “Strongest” Climate Ruling Yet’: The Dutch Supreme Court’s Urgenda Judgment Netherlands International Law Review Pub Date : 2020-09-14 Jaap Spier
The Dutch Supreme Court’s Urgenda judgment breaks new ground. It is the first court to order a State to reduce its GHG emissions. The State has to reduce its GHG emissions by at least 25% before the end of 2020. A series of important issues have been considered in review: can human rights serve as a basis for the injunctive relief sought?, the role of the precautionary principle, the need for a consistent
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‘The “Strongest” Climate Ruling Yet’: The Dutch Supreme Court’s Urgenda Judgment Netherlands International Law Review Pub Date : 2020-09-14 Jaap Spier
The Dutch Supreme Court’s Urgenda judgment breaks new ground. It is the first court to order a State to reduce its GHG emissions. The State has to reduce its GHG emissions by at least 25% before the end of 2020. A series of important issues have been considered in review: can human rights serve as a basis for the injunctive relief sought?, the role of the precautionary principle, the need for a consistent
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Whose Cultural Objects? Introducing Heritage Title for Cross-Border Cultural Property Claims Netherlands International Law Review Pub Date : 2020-08-27 Evelien Campfens
Cultural objects have a special, protected, status because of their intangible ‘heritage’ value to people, as symbols of an identity. This has been so since the first days of international law and, today, there is an extensive legal framework to protect cultural objects and to prohibit looting. Despite this, for as long as demand exists and profits are high, cultural objects continue to be looted,