Fundamental rights in international and European law : public and private law perspectives /

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Bibliographic Details
Imprint:The Hague : Asser Press, 2016.
Description:1 online resource
Language:English
Subject:
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12455104
Hidden Bibliographic Details
Other authors / contributors:Paulussen, Christophe, 1979- editor.
Takács, Tamara, editor.
Lazić, Vesna, editor.
Rompuy, Ben van, editor.
ISBN:9789462650886
9462650888
9462650861
9789462650862
Digital file characteristics:text file
PDF
Notes:Includes bibliographical references.
Online resource; title from PDF title page (EBSCO, viewed December 3, 2015)
Summary:In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues - such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration - that can be related to the theme of fundamental rights, which runs through all these four areas of research. Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute. The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.
Other form:Print version: Paulussen, Christophe. Fundamental Rights in International and European Law : Public and Private Law Perspectives. The Hague : T.M.C. Asser Press, ©2015 9789462650862
Standard no.:10.1007/978-94-6265-088-6
Table of Contents:
  • Foreword; Contents; Editors and Contributors; 1 Introduction ; Abstract ; Part I Public International Law; 2 Towards an EU Position on Armed Drones and Targeted Killing? ; Abstract ; 2.1 Introduction; 2.1.1 US Policy on the Use of Armed Drones and Targeted Killing; 2.1.2 Initial Reactions to US Policy; 2.1.3 Possible Consequences of Public Silence from EU Member States; 2.1.4 Purpose and Outline of This Chapter; 2.2 The Position of EU Member States on the Use of Armed Drones and Targeted Killing; 2.2.1 Methodology and Content of the Questionnaire
  • 2.2.2 Statistical Results of the Questionnaire2.2.3 Substantive Results of the Questionnaire and the Position of EU Member States; 2.3 Normative Pronouncements from Other Entities Than States; 2.3.1 Introduction; 2.3.2 International and Regional Organizations and Institutions; 2.3.3 Dutch Advisory Committee on Issues of Public International Law Report; 2.3.4 European Council on Foreign Relations Paper; 2.4 Conclusion; 2.4.1 Authors' Response; 2.4.2 Looking Ahead; 2.4.3 Concrete Recommendations; References; 3 The Protection of Nationals Abroad: A Return to Old Practice? ; Abstract
  • 3.1 Introduction3.2 What Is PNA?; 3.2.1 Early Theories; 3.2.2 A Definition?; 3.3 Protecting Nationals Abroad Without the Use of Force?; 3.3.1 Diplomatic Protection; 3.3.2 Which Nationals?; 3.4 Protecting Nationals Abroad by Means of Force; 3.4.1 PNA and the Use of Force; 3.4.2 PNA as an Extension of Self-defence; 3.4.3 (Lack of) Consent and Mandate; 3.4.4 PNA and State Responsibility; 3.5 Case Examples; 3.5.1 Introduction; 3.5.2 Post World War II Examples; 3.5.3 Recent RF Actions; 3.6 Concluding Remarks; References; 4 The 'Unwilling or Unable' Test and the Law of Self-defence ; Abstract
  • 4.1 Introduction4.2 Relevant Practice and the Troubled Youth of the 'Unwilling or Unable' Test; 4.2.1 Relevant State Practice in the 1950s-1990s; 4.2.2 Relevant Practice of the United Nations Security Council and Other UN Organs; 4.2.3 Post-911 Developments; 4.3 The Current Status of the 'Unwilling or Unable' Test; 4.4 Anatomy of the 'Unwilling or Unable' Test; 4.4.1 Unwilling or Unable-the Hypothetical; 4.4.2 Unwilling or Unable-the Analysis; 4.5 Syria, ISIS and the 'Unwilling or Unable' Test; 4.6 Conclusion: The Power of Precedents; References; Part II European Union Law
  • 5 Protection of Fundamental Rights in Third Countries Through EU External Trade Policy: The Cases of Conflict Minerals and Timber Abstract ; 5.1 Introduction; 5.2 Upholding Fundamental Rights in EU External Action; 5.3 The EU's Sustainable Development Strategy; 5.4 Responsibilities of European Companies for Impacts Outside the EU; 5.5 Case Study: Trade in Timber and Timber Products; 5.5.1 Introduction; 5.5.2 The EU Legal Regime on Trade in Timber and Timber Products; 5.6 Case Study: Import of Conflict Minerals; 5.6.1 Introduction