Asser Press
La Asser Press, prestigiosa casa editrice olandese specializzata in pubblicazioni di diritto europeo ed internazionale, è distribuita in esclusiva dalla Cambridge University Press a partire da gennaio 2004.
Fino al 31/03/2004 su tutti i titoli editi nel 2003 viene praticato uno sconto del 5% mentre, per tutti i precedenti, lo sconto è del 10%.
Titoli 2003
Migration and International Legal Norms
Edited by: T. Alexander Aleinikoff and Vincent Chetail
Tens of millions of people cross international borders every year. What norms of international law govern their movement?
Migration and International Legal Norms provides a comprehensive and up-to-date analysis of the source and scope of international law on migration. Chapters written by experts from around the world explore international norms on state authority to regulate migration, freedom of movement, forced migration, human rights, family unification, trafficking and smuggling of migrants, national security, rescue at sea, health, development, integration, and nationality.
Migration and International Legal Norms shows that, despite the absence of a comprehensive legal instrument governing international migration, there is a wide range of legal norms relevant to migration embodied in multilateral treaties and conventions, regional agreements, and customary international law. The volume also identifies some significant gaps in international law, recommending areas for further cooperative efforts.
The book will be of interest to scholars and policy-makers, and also to all persons interested in how the community of nations is responding to the increasingly significant phenomenon of international migration.
T. Alexander Aleinikoff is professor at the Georgetown University Law Center and Senior Associate at the Migration Policy Institute, Washington, D.C. Vincent Chetail is lecturer in international law at the Graduate Institute of International Studies and consultant for the United Nations High Commissioner for Refugees, Geneva.
ISBN 90-6704-157-2
382 pp., hardcover
Lgs 65.00 - 5% - Lgs 61,75
Secession and International Law
Conflict Avoidance - Regional Appraisals
Edited by Julie Dahlitz
Published in cooperation with the United Nations Organization
The response to the problem of forceful secession and secessionist movements, so far, has been 'disaster management'. Concern centred on foreign intervention to stop violence or breach of human rights: under whose control such intervention may occur, if at all; and questions as to the punishment, if any, to be meted out to leaders on one side or the other of the secessionist dispute.
But what is needed is 'disaster avoidance'. The questions that are neglected are exactly the ones that are central if deep bitterness and violence are to be prevented from the start. They concern the issues of the legality or otherwise of the aspiration to secede in defined situations, as well as the appropriate means by which secessionist aims may be pursued or resisted. Those are the issues to which these eminent authors have turned their minds.
To dispel resentment, all cases must be judged by the same criteria, while variations in treatment due to factual differences have to be on the basis of clear distinctions made on equitable grounds. Even if not uniformly enforceable, they must be universally applicable. What should be those criteria? At present there is only partial consensus on the issues.
Consequently, The consortium on International Dispute Resolution (CIDIR) initiated a series of Regional Conferences on the subject of Secession and International Law, in collaboration with a number of the most prestigious institutes of international law and international relations on four Continents. The contents of this volume are based on the results of those Conferences.
ISBN 90-6704-142-4
283pp.,hardcover
Lgs 45.00 - 5% - Lgs 42,75
On the Foundations and Sources of International Law
Edited by: Ige F. Dekker and Harry H.G. Post
Dedicated to the memory of Professor Herman Meijers
The contributions included in this book, all written by renowned scholars, examine some of the long-standing fundamental issues of international law. The main part concerns the following question: how is international law made and applied? A highly original, systematic assessment of the formation of customary international law by Herman Meijers - now for the first time published in English - provides an answer to this question. His approach inspires a study of the formation of such law in the modern humanitarian law of armed conflict as well as a study and analysis of recent and previous case law of the Courts of the European Communities. Both studies show the urgent need for a coherent approach to the formation and application of customary law.
Two other long-standing fundamental issues are examined. Firstly, the plausibility of the hypothesis that international law is complete on the basis of the existence of a so-called 'closing rule' is seriously doubted. Secondly, a study of the principle of the genuine link in the modern law of the sea demonstrates that its livelihood is so limited that a post mortem is justified. The volume is concluded by a discussion on a paradoxical aspect of the law of treaties, namely regarding the right of the parties to terminate their agreements.
This book is a valuable contribution to the ongoing debate on the foundation and sources of international law and as such is an appropriate tribute to Professor Herman Meijers.
ISBN 90-6704-158-0
Lgs 44.00 - 5% - Lgs 41,80
Terrorism and the Military
International Legal Implications
Edited by: W.P. Heere
The war on terrorism currently being waged in various parts of the world is, from a legal point of view, a hybrid operation falling within the ambit of several areas of law. The military operations which are part of that war raise questions of international law related to the laws of war.
Legal experts from the academic world, from the world of defence ministries and from the military, gathered in November 2002 in The Hague to seek answers to the challenges reality poses in this respect to the existing body of rules and regulations. This two day conference, entitled 'Terrorism and the Military: international legal implications'' was hosted by the Netherlands National Group of the International Society for Military Law and the Law of War. The introductions and discussions centered around three themes:
Ius ad Bellum, the laws governing the use of force - Following September 11, 2001, the UN Security Council adopted resolutions and discussions particularly focused on Article 51 of the UN Charter: was here a case of self-defence, and what was the relation with the decision of the North Atlantic Council to invoke Article 5 of the North Atlantic Treaty?
Ius in Bello, the laws governing the conduct of hostilities - Is the 'war' on terrorism a real war, and is the law of war - including humanitarian law - applicable? Does Al Qaeda belong to a new category of persons: illegal or unlawful combatants? Do they have a status under the law of war, and can they be considered prisoners of war?
Criminal law - Do we have a definition of (international) terrorism? Do terrorists fall under (national and/or international) criminal law? Is the International Criminal Court competent to play a role? What can be said about the Guantanamo situation?
The present Volume contains the proceedings of this highly informative conference, including the discussions, syntheses and an overall conclusion. It may serve as a valuable tool in the further development of views, interpretations and even new rules. The quality and background of the speakers guaranteed a high degree of common sense in the presentation of the existing rules and the suggestions of how to fill the new gaps.
ISBN 90-6704-161-0
226 pp., hardcover
Lgs 49.00 - 5% - Lgs 46,55
INFORMATION TECHNOLOGY & LAW SERIES - Vol. 2
Digital Anonymity and the Law - Tensions and Dimensions
Editors: C. Nicoll, J.E.J. Prins, M.J.M. van Dellen
The right to anonymous exchange of information and communication is in an odd state of paradox and flux. While the formal legal protection of this right appears at an all-time high, developments in both the public and private sector show a growing number of legal and especially technical means to undermine anonymity. Also, it is still difficult to oversee the exact implications of the new political climate introduced after the 2001 terrorist attack on the World
Trade Center. Nevertheless, anonymity is still considered to be a cornerstone of our democratic society.
With the advent of cyberspace, the means of and the opportunities for anonymous communications have changed radically. Thus, the new environment has also fuelled the dialogue on the beliefs and values behind anonymous communication. Debates rage about how, by whom, and to what extent cyberspace anonymity should be controlled. This book aims to gain a further insight into and an understanding of the concept of anonymity. The authors of the various chapters in this book discuss technological developments and subsequently analyse anonymity from various different angles, interests, responsibilities and developments. Thus it includes US and European court-sanctioned procedures to reveal identity, privacy interests, the right to anonymous speech, implications of the Council of Europe's Cybercrime Convention, European data protection and data retention provisions, consumer protection and the private law implications of anonymous transactions by means of the Internet.
ISBN 90-6704-156-4, ISSN 1570-2782
308 pages, hardcover
Lgs 54,00 - 5% - Lgs 51,30
Trafficking in Persons
Prosecution from a European Perspective
by Conny Rijken
The crime of trafficking in persons is being increasingly committed in an international context, and has been facilitated by globalisation. As is transparent from a file study conducted in the Netherlands and which is included in this book, many of the problems in prosecuting this crime are aggravated by the fact that more than one state is involved. National criminal laws based on state sovereignty and national competences are not sufficient to prosecute and to combat it adequately. As trafficking in persons must be considered to be a transnational crime, solutions for an effective prosecution should be sought beyond national borders. This resulting publication may provide an initial impetus for an approach at the EU level to prosecute trafficking in persons more effectively, based on the concept of regional jurisdiction. The extent to which recently developed instruments and initiatives within the EU, such as the European Arrest Warrant, Eurojust and a European Public Prosecutor, can be of use in this approach is dealt with in this book. Furthermore, the changing role of state sovereignty is not left to one side in this discussion. The final conclusion that can be drawn is that, for the moment, a dual track should be followed in order to prosecute the trafficking in persons more effectively.
ISBN 90-6704-167-X
323 pp., hardcover
Lgs 56.00 - 5% - Lgs 53,20
The Criminal Responsibility of Individuals for Violations of International Humanitarian Law
E. van Sliedregt
The famous quote from the Nuremberg Judgement that 'crimes against international law are committed by men, not by abstract legal entities' has often been cited to substantiate the existence of the principle of individual criminal responsibility in international criminal law. The principle was affirmed in subsequent national proceedings and has been endorsed by the Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court.
This study examines the concept of individual criminal responsibility for violations of international humanitarian law, i.e. genocide, crimes against humanity and war crimes. Such crimes are very rarely committed by single individuals, however, but mostly by organizations, or groups of cooperating persons. For a just determination of their guilt and responsibility, a fair assessment of the mutual relationships and cooperation forms of those individuals, is indispensable. This book provides the framework for that assessment. It gives guidance to practitioners and scholars on how to understand and to apply international criminal law concepts such as 'common purpose', 'superior responsibility', duress and the defence of superior orders. It does so by bringing to light the roots of those concepts, which are hidden not only in earlier phases of development of international criminal law, but also in the domestic laws of various states.
ISBN 90-6704-166-1
462 pp., hardcover
Lgs 66.50 - 5% - Lgs 63,17
INFORMATION TECHNOLOGY & LAW SERIES - Vol. 3
Protecting the Virtual Commons: Self organizing open source and free software communities and innovative intellectual property regimes
by Ruben van Wendel de Joode, Hans de Bruijn, Michel van Eeten
Worldwide, governments and businesses are recognizing the added value of open source and free software. Unlike other software, this software is developed and continuously improved by volunteers in communities on the Internet. Some of these communities, like Linux and Apache, connect thousands of volunteers worldwide. The question is how these communities are able to continuously develop innovative software in a world dominated by markets, companies and laws.
Protecting the Virtual Commons informs us about the surprisingly creative solutions that explain the long-lasting stability of these communities. It identifies the threats that the communities are faced with and discusses the amazingly innovative strategies developed to neutralize these threats. The book has been written with a clear focus on intellectual property rights.
In their analysis, the authors provide answers to the following questions: Why have open source and free software communities created so many different licenses to protect their intellectual property? What influence do licenses have on the organization of the communities and their ability to innovate? What are the differences between intellectual property rights on software in Europe and the United States? What are the tensions between the way in which open source and free software communities deal with intellectual property and the way in which companies protect and use intellectual property? What regulatory arrangements can deal with the tensions between the corporate model and the open source and free software development model?
ISBN 90-6704-159-9
164 pp.,hardcover
Lgs 34.00 - 5% - Lgs 32,30
Back catalogue (Titoli precedenti al 2003)
A Century of International Adjudication: The Rule of Law and its Limits
By Jean Allain/November 2000/Lgs 65 - 10% - Lgs 58,50
Mediating Sports Disputes: National and International Perspectives
By Ian S.Blackshaw/July 2002/Lgs 65 - 10% - Lgs 58,50
Yearbook of International Humanitarian Law
Vol. 3/May 2000/ Lgs 100 - 10% - Lgs 90
International Law and The Hague's 750th Anniversary
Ed.: W.P. Heere
February 1999/Lgs 90 - 10%- Lgs 81
The European Union and the International Legal Order: Discord or Harmony?
Ed. Vincent Kronenberger
May 2001/ Lgs 90 - 10% - Lgs 81
New Challenges for Migration Policy in Central and Eastern Europe
Edited by F. Laczko, I. Stacher and A. Klekowski von Koppenfels
December 2002/ Lgs 45 - 10% - Lgs 40,5
Regional Trade Agreements in the GATT/WTO
Article XXIV and the Internal Trade Agreement
by James H. Mathis
January 2002/Lgs 55 - 10% - Lgs 49,5
Handbook on European Enlargement
A Commentary on the Enlargement Process
Edited by Andrea Ott and Kirstyn Inglis
October 2002/Lgs 155 - 10% - Lgs 139,5
INFORMATION TECHNOLOGY & LAW SERIES - Vol. 1
E-Government and its Implications for Administrative Law - Regulatory Initiatives in France, Germany, Norway and the United States
J.E.J. Prins (Editor)
M. Eifert, C. Girot, M.M. Groothuis, W.J.M. Voermans
May 2002/ Lgs 37,50 - 10% - Lgs 33,75
The Hague Peace Conferences of 1899 and 1907 and International Arbitration: Reports and Documents
Compiled and edited by Shabtai Rosenne
November 2001/Lgs85 - 10% - Lgs 76,5
Arbitral and Disciplinary Rules of International Sports Organisations
Edited by Robert C.R. Siekmann and J.W. Soek
August 2001/Lgs 85 - 10% - Lgs 76,5
Doping Rules of International Sports Organisations
Edited by: Robert C.R. Siekmann, Janwillem Soek and Andrea Bellani
August 1999/Lgs 120 - 10% - Lgs 108
Minorities in Europe: Croatia, Estonia and Slovakia
S. Trifunovska
Novembre 1999/ Lgs 55 - 10% - Lgs 49,5
Minority Rights in Europe:
European Minorities and Languages
Editor-in-Chief: S. Trifunovska
March 2001/Lgs 90 - 10% - Lgs 81
Health, Migration and Return
A Handbook for a Multidisciplinary Approach
Edited by Peter J. van Krieke
March 2001/Lgs 65 - 10% - Lgs 58,50
Terrorism and the International Legal Order
With Special Reference to the UN, the EU and Cross-border Aspects
August 20o02/Lgs 65 - 10% - Lgs 58,50
REFLECTIONS ON THE INTERNATIONAL CRIMINAL COURT
Essays in Honour of Adriaan Bos
Edited by: Herman von Hebel, Johan G. Lammers and Jolien Schukking
May 1999/Lgs 45 - 10% - Lgs 40,50
Treaty Enforcement and International Cooperation in Criminal Matters
With Special Reference to the Chemical Weapons Convention
Edited by Rodrigo Yepes-Enríquez and Lisa Tabassi
With a Foreword by M. Cherif Bassiouni
August 2002/Lgs 100 - 10% - Lgs 90
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