The contributions in this "Liber Amicorum" deal with questions of procedural law in an international context. They cover not only problems of international civil procedure and international arbitration, but also questions of administering justice in the domestic civil and criminal law contexts, as well as in the fields of public international law and European Law. As will be clear from the list of authors, these topics are dealt with in an outstanding manner, quality needs no praise.
This volume contains the basic documents on the 'administration of justice', i.e., the law on disputes and disciplinary action, in the international sporting world. Included are the Statutes of the Court of Arbitration for Sport, its Rules for the resolution of Disputes during the Olympic Games and its Mediation Rules. This collection of documents is a timely and welcome contribution to enhancing the accessibility of basic texts on international sports law, and provides an invaluable source of reference for sports officials, legal practitioners and the academic world.
Dedicated to the memory of Peter E. Nygh (1933–2002), this book contains thirty original contributions authored by prominent private international law lawyers from all over the globe. Their themes include private international law, international litigation, arbitration, uniform law and European legal integration. Their treatises and approaches vary from thematic, in-depth studies to studies of a comparative nature. Born in Hamburg, Germany, and raised in the Netherlands and in Australia where his academic career started, Peter Nygh was one of the few scholars with excellent knowledge of both the common law and civil law legal systems and an in-depth understanding of their differences and similarities. He was an indispensable member, promoter and leader in the International Law Association and the Hague Conference on Private International Law. Most of these papers are based on supranational experiences and aim to continue a comparative law-based analysis of problems so well applied by Nygh.
The 1995 Netherlands Yearbook of International Law contains expert articles on issues such as: transnational terrorism; limitations on the power of the UN Security Council to exercise its enforcement powers under Chapter VII of the Charter; On the uniting of States in respect of treaties; and the weighing of evidence in a dual national case at the Iran-United States Claims Tribunal. The documentation section surveys Dutch state practice for the parliamentary year 1993-1994; international agreements to which the Netherlands is a party; Netherlands judicial decisions and municipal legislation involving questions of public international law, and Dutch literature in the field of public international law and related matters. This Yearbook is included in the 1995 subscription to the Netherlands International Law Review (Volume 42).
The Hague Agency Convention is of great importance for every lawyer involved (or interested) in international business and finance. Its provisions become relevant whenever one is dealing with agency relationships in the broadest sense in an international context. Its scope is not confined to the traditional' commercial agency relationships between principals and their agents, but extends to many other situations where agency takes place, both directly and indirectly. The rules of the Convention are applied to find the laws governing both the internal and external agency relationships in all areas of international business and finance. The Convention has currently been ratified by four states (the Netherlands, France, Portugal and Argentina), but several countries have enacted legislation inspired by it, for the interpretation of which the Convention may have significance. Moreover, now that it has entered into force (in 1992), it is not unlikely that it will be ratified by more states. "Agency in Private International Law" presents a detailed analysis of the Convention, with references to the laws of various jurisdictions. References to legal systems other than that of the Netherlands have been checked by local lawyers.
In April 1997, during the Dutch presidency of the European Union, a three-day international conference was held in The Hague, The Netherlands, on the subject of The Quality of European and National Legislation and the Internal Market. The present publication comprises the proceedings and conclusions of this timely conference, which was organized by the T.M.C. Asser Instituut, The Hague, on behalf of the Ministries of Justice and Economic Affairs of The Netherlands and the European Commission. The objective of the conference was to suggest ways of improving the legislation in the European Union against the background of the common market. The quality of the drafting of Community legislation is crucial if it is to be properly implemented by competent national authorities and better understood by the public and in business circles. The conference focused on European legislation and on national legislation in the Member States. Representatives of the European Union, the governments, the academic world, industry and consumer organizations gave their views of and commented on the three main themes of the conference: (I) the experiences on European and national level regarding the judicial quality of legislation; (II) simplification of existing legislation and (III) assessment of draft legislation. The updated and revised versions of their studies and comments are published in the present book. During the final session of the conference, current initiatives in the field of improving the quality of legislation were reviewed (e.g., on consolidation, codification, guidelines and deregulation). The main findings of the conference were brought to the attention of the Internal Market Council and the IGC as a preparation of the European Council of Amsterdam (16-17 June, 1997) where the Draft Treaty of Amsterdam was concluded. Many of the conference findings and suggestions were repeated in the documents of the Draft Treaty. In addition to the above-mentioned contributions, the book contains (i) a valuable methodical digest of the conference, including a closer evaluation of the Draft Treaty of Amsterdam, and (ii) a summing-up of the results of the important debate by Professor L.J. Brinkhorst (European Parliament, Strasbourg/Brussels). The book is also enriched by relevant documentation in the field.
The present publication entitled The European Union and Sport – Legal and Policy Documents is the first volume in the Asser series of collections of do- ments on international sports law containing material on the intergovernmental (inter-state) part of international sports law. In the previous volumes, NGO ma- rial, i.e. statutes and constitutions, doping rules and regulations and arbitral and disciplinary rules of the international Olympic sports organisations were p- lished. The texts in this book cover the period since the Walrave judgment, when the Court of Justice established that sport is subject to Community law to the extent that it constitutes an economic activity, up to the present time. The book provides a detailed insight in what could be called the acquis communautaire sportive for the present and future Member States. This acquis was developed over the years in numerous decisions and policy documents of the Council, the Commission, the European Parliament and the Court of Justice in particular. A reference book such as this is an extremely valuable tool for both legal practice and research purposes in the field of sport and the law, in this case: sport and - ropean law and policy.
Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.
In 2004, ten countries joined the European Union as Member States and five others (Bulgaria, Croatia, Romania, Serbia and Montenegro, and Turkey) had or received (pre-)candidate country status. EU accession requires significant adaptations in the laws and policies of a country. In order to analyse the impact of these developments and support the countries concerned, the T.M.C. Asser Institute in The Hague initiated a project which started in early 2003 and concluded during the Dutch EU presidency in October 2004. The fifteen country reports resulting from that project, written by national experts and updated by the volume editors, are presented in this book. As a comparative study of these countries, this is an excellent guide for the preparation of the national legal orders for EU accession, for briefing and training civil servants, judges, practitioners, officials of international organizations, and will be of great interest to academics and post-graduate students.
On the occasion of Israel's 50th anniversary, eminent American, European and Israeli jurists contributed essays of great relevance to the current debate on constitutionalism and its values, the international legal dimension of the Arab-Israeli conflict, the dilemma of democracies when dealing with terrorism, the establishment of the concept of UN peace-keeping forces, individual responsibility and superior orders for war crimes, and the ombudsman as defender of democracy and human rights.
I am deeply honoured and very pleased indeed to have been invited to write the Foreword to this book, especially as the great success of and excitement generated by the Beijing Olympics last Summer is still fresh in all our minds! This is the first work on this important subject – the Olympic Games having been well described as ‘the greatest sporting show on earth’ – and the author, Alexandre Miguel Mestre, a distinguished Portuguese international sports lawyer, is to be warmly congratulated on producing it. The book covers the historical development of ‘Olympic Law’ and the current legal status of the International Olympic Committee (IOC) as an NGO (non-g- ernmental organisation) under Public International Law, and its various constituent members and organs. The UN resolutions on the Olympic Truce of which the latest one is published in the book, are of a recommendatory nature (‘soft law’), but well illustrate the wide range of international legal instruments, which constitute the corpus of so-called ‘Olympic Law’, including the inter-State Nairobi Treaty on the Protection of the Olympic Symbol – the famous five interconnected rings. The book also addresses some contemporary legal issues affecting the Olympic Movement, including eligibility criteria, dual participation in the Olympics and the Paralympics as well as environmental concerns and the protection of the so-called ‘Olympic Properties’ – in other words the valuable intellectual property rights of the IOC including TV rights – without which the Olympic Games could not be financed and staged.
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