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In: Scandinavian University Books
In: Social Europe series 3
In: Arctic review on law and politics, Band 12, S. 222-237
ISSN: 2387-4562
This article proposes a model of anthropocentric ocean connectivity based on the concept of human perspective as location. Within this location, anthropocentrism can be, but is not necessarily, an exclusive or dominant valuation of the human. In fact, conceptions of both anthropocentrism and of ocean connectivity are pluralistic. These and other pluralisms are borne out in this article's content and structure, which takes the form of explorations of anthropocentric connectivity in relation to four specific ocean-related human activities. First, Jan Solski applies understandings of connectivity as "flow" in the context of strategic ocean geopolitics. Second, Iva Parlov analyzes current doctrinal issues and interactions at the international level with respect to the legal regime for places of refuge for ships in need of assistance. Third, Maria Madalena das Neves examines ocean connectivity in the context of transboundary energy trade and market integration, with particular attention to geopolitical and ecological connectivity. Finally, Julia Gaunce proposes that the making and application of transnational rules and standards for ships in polar waters enhances certain connections and disrupts others, to the detriment of oceans and people, and that broadening connectivity especially in respect of Arctic Indigenous people(s) could help address challenges faced by oceans and ocean governance.
In: Pompe reeks 103
"The European Union is today a major player in many policy areas, going from classic economic fields as competition policy, agriculture and fisheries policy to new emergent fields as environmental policy, arterial intelligence policy, security and foreign policy and criminal justice policy. These policies comes with an increasing level of EU regulation, having also a substantive impact on the harmonization of national policies and regulations. This expansion of EU competence naturally also places new demands on their enforcement, especially when it comes to investigations with the aim of imposing punitive administrative and/or criminal sanctions. In this expanded version of his valedictory lecture Prof. Vervaele is assessing 1) to what extent the EU and its Member States have a policy on punitive enforcement in the internal market and in the Area of Freedom Security and Justice and 2) how this policy translates into the harmonization of substantive administrative and criminal law and procedural law at the national level and into the elaboration of administrative and judicial cooperation instruments and the setting up of European enforcement agencies. The assessment includes to what extent this policy takes account of the human rights obligations. Vervaele concludes with a plea for a European model for punitive law enforcement with an increased alignment between the administrative enforcement tools in the internal market and the criminal enforcement tools in the Area of Freedom, Security and Justice. In this model the national enforcement authorities are build in under a network cooperation scheme."--
In: Law of business and finance volume 16
Which rights and obligations arise from the EU principle prohibiting unjust enrichment? This is the first publication to thoroughly examine the consequences this principle has - or may have - for private law relationships. An illuminating analysis, bearing both academic and practical importance. As the interplay between EU law and national private law intensifies, the question arises how the EU principle prohibiting unjust enrichment plays into various legal relationships involving one or more individuals. Unjust enrichment in European Union law takes a pioneering step in addressing this pressing issue. The author puts forward a compelling analysis, taking into account the functions of unjust enrichment in a number of national law systems and the functions of general principles of EU law, as well as case law of the Court of Justice of the EU. For analytic purposes, links are identified between EU causes of action based on undue payment, unjust enrichment and unlawful act, respectively. This is followed by a discussion whether or not such actions should be founded on violation of an EU provision having direct (horizontal) effect. Insight into the possible consequences of the EU principle prohibiting unjust enrichment has both academic and practical importance. The reader gains a deeper understanding of how the Court of Justice may further develop EU law on the basis of private-law principles. The study illuminates which rights individuals may derive from such legal principles and - if they can do so - under which circumstances
In: Annotated legal documents on Islam in Europe Volume 17
Status of religious communities -- Relations between the state and Islam -- State support for Islamic religious communities -- Muslims in integration law -- Mosques and prayer houses -- Burials and cemeteries -- Education -- Further and higher (tertiary) education -- Islamic chaplaincy in public institutions -- Employment and social law -- Islamic slaughter and food regulation -- Islamic goods and services -- Islamic dress -- Criminal law -- Family law
In: Arctic review on law and politics, Band 9, S. 359-376
ISSN: 2387-4562
The impacts of climate change on marine resources are well known and demand mitigation and adaptation measures in order to protect the ecosystems. This entails more than simply altering management practices; it requires altering goal setting and managing transitions to new ecosystemic conditions. In the European Union, the main legal tool for protection of the marine environment is the Marine Strategy Framework Directive. Greece, as a member state of the European Union, has transposed the Marine Strategy Framework Directive into its national legal order and has developed legal structures to protect its marine resources from various threats, including climate change.
The present paper aims to present the legal and policy management tools in Greece, relevant to implementation of the Marine Strategy Framework Directive and climate change adaptation. For methodological reasons, the paper is divided into two parts: The first part deals with those legal tools that apply to an initial assessment of the environmental quality of Greek marine waters, while the second part analyzes legislative activities pertinent to the design and implementation of programs and measures. The aim of the national legislation is to maintain the ecosystemic integrity of the marine waters of Greece and to preserve the unique characteristics of the aquatic environment with respect to present and future generations. However, the analysis shows that a holistic legal framework demands explicit provisions for climate change impacts, while the existing framework focuses primarily on anthropogenic pressures on the marine environment.
In: VOR Rechtsgeleerdheid, 346 v.No. 346
Voor de zittende Sudanese president Al-Bashir geldt een internationaal arrestatiebevel. België en Senegal bakkeleien in Den Haag over de berechting van de voormalig Tsjaadse dictator Habré. In haar oratie stelt Barbara Oomen dat het de wereldgemeenschap steeds meer menens is met de mensenrechten. Paradoxaal genoeg vraagt dit proces van universalisering van de mensenrechten lokale verankering. De nadruk op 'traditionele' rechtspleging na ernstige mensenrechtenschendingen vormt hiervan een voorbeeld. Oomen stelt dat zowel de wereldgemeenschap in wording als lokale gemeenschappen het monopolie op
In: School of Human Rights Research series 12