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Asser Today June 2017

Welcome to the June newsletter of the Asser Institute. This month we have published the Second Annual T.M.C. Asser Lecture delivered by Professor Onora O’Neill (University of Cambridge/House of Lords, UK). Her lecture on 'Accountable Institutions, Trustworthy Cultures' can now be downloaded on the Asser website. See the ‘Asser Today Special’ of this newsletter.

Save the date: the Third Annual T.M.C. Asser Lecture will be held on 30 November 2017 at the Peace Palace in The Hague.

News


▪ Growing influence of International and European law on Voluntary Private Standards for Sustainability
▪ Accountable Institutions, Trustworthy Cultures
▪ “War makes Murderers out of Civilised People”
▪ Trustworthy International Institutions are a Constitutional Duty
▪ “Unilateral Bombings last night by the United States were Illegal and Illegitimate”
▪ Building trust in International Law and Institutions
▪ Academic Freedom under Threat
▪ Gibraltar and the "Brexit" – New Scenarios within a Historic Dispute. A Proposal.
Growing influence of International and European law on Voluntary Private Standards for Sustainability
Accountable Institutions, Trustworthy Cultures
“War makes Murderers out of Civilised People”
Trustworthy International Institutions are a Constitutional Duty
“Unilateral Bombings last night by the United States were Illegal and Illegitimate”
Building trust in International Law and Institutions
Academic Freedom under Threat
Gibraltar and the "Brexit" – New Scenarios within a Historic Dispute. A Proposal.

In the media


Janne Nijman published an Op-Ed ‘Globalisering vraagt om sterkere internationale samenwerking’ in the Dutch newspaper Trouw. She argues that today’s economic globalisation calls for enhanced international cooperation to address citizens’ concerns and for international institutions to which citizens can safely entrust public interests. Read the full article (in Dutch only).


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Lebanese professors and deans visit the T.M.C. Asser Instituut

On 30 May 2017, several professors and deans from eleven universities participating in the Lebanon lecture series, a programme on international criminal (procedural) law organised by the T.M.C. Asser Instituut and the Special Tribunal for Lebanon (STL), visited the institute. In the context of this programme the participants attended a presentation on the Kosovo Specialist Chambers by Guido Acquaviva, followed by a meeting with Prof. Janne Nijman (Academic Director T.M.C. Asser Instituut) and Dr. Christophe Paulussen (Senior Researcher T.M.C. Asser Instituut and Project Leader of the Lebanon lecture series on behalf of Asser). During this meeting the latest season of the lecture series was evaluated, and plans pertaining to closer cooperation between the universities in Lebanon itself were discussed.

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Vacancies

PR.mat-Pand-9

The Asser Institute is looking for a new intern for (research) projects on International Private Law.

Read more on the several vacancies.

Education


The Asser Institute has extensive experience in delivering postgraduate training programmes and in knowledge dissemination in the field of international law.

Upcoming Training

Summer Programme on Disarmament and Non-Proliferation of Weapons of Mass Destruction in a Changing World

More information

Advanced Summer Programme on Countering Terrorism: Legal Challenges and Dilemmas

More information

ACIL-Asser Summmer School on the Law and Practice of International Dispute Settlement in a Changing World

More information

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Image participants Summer Law Program on International Criminal Law and International Legal Comparative Approaches to Counter-Terrorism

Students visit The Hague for Summer Programme

From 29 May until 22 June 2017, 45 participants, including many students from the Washington College of Law, travelled to The Hague to participate in The Summer Law Programme on ‘International Criminal Law and International Legal & Comparative Approaches to Counter-Terrorism’. The Summer Programme is a unique collaboration between the War Crimes Research Office of American University’s Washington College of Law and the T.M.C. Asser Instituut.

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Events


Upcoming events

Roundtable sustainable garment

29 June 2017 - Roundtable on Supply chain regulation in the garment industry.

Our clothing consumption has increased over five times since the nineties. At the same time, the business models of certain fashion brands are too often dependent on widespread human rights and labour rights violations to be profitable, cheap, and fast. Efforts by governments to restrain the negative effects of transnational supply chains have proven difficult due to the extreme delocalisation of production and the difficulty to even be aware of a company’s last tier of suppliers in certain developing countries.

On 29 June 2017, the T.M.C. Asser Instituut will organise a roundtable on sustainability in the garment industry to discuss how better regulation can restrain the negative effects of transnational supply chains.

Location: Asser Institute, 29 June, 2.30 - 5.30 pm

More information and registration

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Climate change

23 June 2017 - The Role of the European Union in the adoption and implementation of the Paris Agreement

The T.M.C. Asser Instituut and Le Club de Droit International, a network of diplomats in charge of legal affairs in The Hague, have initiated a collaboration to organise a series of seminars in 2017 on the fight against climate change in international and European law. High-level speakers, with practical or academic expertise in the field of climate change law, are invited to discuss the existing legal framework and the challenges ahead.

As part of this new series of events on international law and climate change, Le Club de Droit International in cooperation with the Asser Institute will be organising a second seminar on Friday 23 June 2017, from 3 to 5 pm, at the T.M.C. Asser Instituut.

Mr Jakob Werksman, Principal Adviser of the Directorate-General for Climate Action of the European Commission, will speak on: “The Role of the European Union in the adoption and implementation of the Paris Agreement”.

Please note that this meeting will be free of charge and held in English.

Location: Asser Institute, 23 June, 3 - 5 pm

More information and registration

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Vluchteling

27 June 2017 - Refugee crisis and EU cooperation with Mediterranean States

This CLEER seminar with Alejandro Del Valle Galvez and Claudio Matera explores the current refugee crisis in the EU. It focuses in particular on the the EU's legal channels for collaboration with Southern Mediterranean States, such as Turkey, Morocco and Libya, in addressing this epochal challenge.

The seminar will appraise the legal and institutional cooperation strategies set up by the EU and its partners, and will discuss their implications for EU external policies at large. The speakers will discuss whether a new concept of international border is arising in the lights of the establishment of a different European External Border Mode - where the border control functions are outsourced outside the territories and maritime spaces of Member States.

Speakers:
* Professor Alejandro Del Valle Galvez, Professor of Public International Law at the University of Cadiz, CLEER Visiting Fellow
* Dr. Claudio Matera, Assistant Professor, Chair of International and European Law and Governance, University of Twente, Representative of University of Twente at CLEER

Location: Asser Institute, 27 June, 4.00 pm

More information and registration

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ICJ

10 July 2017 - International Courts in World Society: Too strong and not strong enough?

Participants:
* Prof. Dr Laurence Boisson de Chazournes (University of Geneva)
* Prof. Dr Armin von Bogdandy (Max Planck Institute for International Law)
* Prof. Dr Hélène Ruiz Fabri (Max Planck Institute for Procedural Law)

This Public Roundtable takes places on the occasion of the ACIL-Asser Summer School on ‘The Law and Practice of International Dispute Settlement’ (10-14 July 2017).

Location: Asser Institute, 10 July, 6.15 - 7.30 pm

More information and registration

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Research


Asser Today Special – Accountable Institutions, Trustworthy Cultures


Onora O Neill taken by Martin Dijkstra 002 - Copy

Across the last fifty years, there have been huge efforts to construct more accountable institutions at every level from international organisations to state bureaucracies, from giant corporations and NGOs to small businesses and local charities. A principal instrument in seeking greater accountability has been an extension of law and regulation: more enforceable rules constraining more institutions and their office holders in more of their activities. Yet accountability by regulation has often disappointed. The principal problem is not that rules do not matter: they are evidently needed for the rule of law, and hence also for the protection of human rights, for democracy, and for commercial life. However, rules are always and unavoidably incomplete and indeterminate.

Professor O’Neill (University of Cambridge/House of Lords, UK) expressed this view at the Second Annual T.M.C. Asser Lecture in The Hague in December 2016. The speech by Onora O’Neill is now published as a book.

Download the text of the Second Annual T.M.C. Asser Lecture.

Illusion
Onora O’Neill argues the use of rules is always a matter of judgement, and it is an illusion to imagine the rules can go ‘all the way down’. Yet contemporary regulation often appears to ignore this well-established point. In her opinion, a more adequate approach to institutional life would recognise the importance of institutional cultures that acknowledge the importance of institutional life being guided by purposes, standards and cultures that require and foster the exercise of judgement in the use of rules.

Cultivation of trust
The T.M.C. Asser Instituut aims to contribute to the development of international and European law in such a way that it serves the cultivation of trust and respect in the global, regional, national and local societies in which these laws operate.


Publications


▪ U. Belavusau, 'EU Sexual Citizenship: Sex Beyond the Internal Market', in D. Kochenov (ed.), EU Citizenship and Federalism: The Role of Rights, Cambridge University Press, 2017, pp. 417-442.
U. Belavusau, 'EU Sexual Citizenship: Sex Beyond the Internal Market', in D. Kochenov (ed.), EU Citizenship and Federalism: The Role of Rights, Cambridge University Press, 2017, pp. 417-442.

▪ B. Boutin, 'Administrative Measures in Counter-Terrorism and the Protection of Human Rights'. SSRN Asser Research Paper. Forthcoming, Security and Human Rights, Vol. 27.
B. Boutin, 'Administrative Measures in Counter-Terrorism and the Protection of Human Rights'. SSRN Asser Research Paper. Forthcoming, Security and Human Rights, Vol. 27.

▪ W.Th. Douma, 'The Promotion of Sustainable Development through EU Trade Instruments', European Business Law Review, 28 (2), 2017, pp. 193-212.
W.Th. Douma, 'The Promotion of Sustainable Development through EU Trade Instruments', European Business Law Review, 28 (2), 2017, pp. 193-212.

Asser research papers and policy briefs can be downloaded on SSRN.


Presentations


▪ U. Belavusau - Presentation about Ukrainian memory laws from the European-law perspective during a conference of the European Society of International Law (ESIL) in Kyiv (Ukraine), 25-27 May 2017.
U. Belavusau - Presentation about Ukrainian memory laws from the European-law perspective during a conference of the European Society of International Law (ESIL) in Kyiv (Ukraine), 25-27 May 2017.

▪ U. Belavusau - Presentation about divergent treatment of genocide denials at the European Court of Human Rights, during a MELA-panel at the Bi-Annual Conference of the European Union Studies Association (EUSA) in Miami (USA), 4-6 May 2017.
U. Belavusau - Presentation about divergent treatment of genocide denials at the European Court of Human Rights, during a MELA-panel at the Bi-Annual Conference of the European Union Studies Association (EUSA) in Miami (USA), 4-6 May 2017.

▪ B. Boutin - Presentation “Existing and planned legislation and policies related to FTFs in France – trends, experiences, human rights impact”, Warsaw, Expert meeting of OSCE Office for Democratic Institutions and Human Rights (ODIHR), 25 April 2017.
B. Boutin - Presentation “Existing and planned legislation and policies related to FTFs in France – trends, experiences, human rights impact”, Warsaw, Expert meeting of OSCE Office for Democratic Institutions and Human Rights (ODIHR), 25 April 2017.

▪ W.Th. Douma - EU case law, preliminary ruling procedures and case law search, presentations at the Judicial Academy of Croatia, Zagreb, 24-25 May 2017.
W.Th. Douma - EU case law, preliminary ruling procedures and case law search, presentations at the Judicial Academy of Croatia, Zagreb, 24-25 May 2017.

▪ W.Th. Douma -The European Union policy and law on sewage sludge, presentation at the International VDI (the German training centre for engineers) conference ‘Sewage Sludge Treatment 2017’, Copenhagen, Denmark, 17 May 2017.
W.Th. Douma -The European Union policy and law on sewage sludge, presentation at the International VDI (the German training centre for engineers) conference ‘Sewage Sludge Treatment 2017’, Copenhagen, Denmark, 17 May 2017.

▪ W.Th. Douma - Public participation in EU water governance: the Netherlands in focus, presentations at local workshops in Gulistan, Ferghana, Termez and Karshi, Uzbekistan, 19-28 April 2017.
W.Th. Douma - Public participation in EU water governance: the Netherlands in focus, presentations at local workshops in Gulistan, Ferghana, Termez and Karshi, Uzbekistan, 19-28 April 2017.

▪ W.Th. Douma - Investor-state arbitration in the light of EU policy and law after the Lisbon Treaty, paper presented and discussed at EUSA 2017 conference, Miami, USA, 4 May 2017.
W.Th. Douma - Investor-state arbitration in the light of EU policy and law after the Lisbon Treaty, paper presented and discussed at EUSA 2017 conference, Miami, USA, 4 May 2017.

▪ A. Duval, Lex Sportiva and Lex Mercatoria: Apples and Oranges of Transnational Law, Bar-Ilan University, Israel, 7-8 May 2017.
A. Duval, Lex Sportiva and Lex Mercatoria: Apples and Oranges of Transnational Law, Bar-Ilan University, Israel, 7-8 May 2017.

▪ G. Gordon, ‘Imperial Standard Time’, Junior Faculty Forum, University of Nottingham (in collaboration with EUI, NYU and University of Melbourne), 8-10 May 2017.
G. Gordon, ‘Imperial Standard Time’, Junior Faculty Forum, University of Nottingham (in collaboration with EUI, NYU and University of Melbourne), 8-10 May 2017.

▪ G. Gordon, ‘Time, Governance & Law’, Law & Politics of Temporality & Periodization, Cardiff University, 11 May 2017.
G. Gordon, ‘Time, Governance & Law’, Law & Politics of Temporality & Periodization, Cardiff University, 11 May 2017.

▪ G. Gordon, presentation on international law for the workshop on History and Theory of International Relations at the Politicologenetmaal, NKWP, Leiden, Netherlands, 1-2 June 2017.
G. Gordon, presentation on international law for the workshop on History and Theory of International Relations at the Politicologenetmaal, NKWP, Leiden, Netherlands, 1-2 June 2017.

▪ G. Gordon, 'Acceleration and Knowledge Production in International Law', European Workshops in International Studies, European International Studies Association, Cardiff, UK, 7-10 June 2017.
G. Gordon, 'Acceleration and Knowledge Production in International Law', European Workshops in International Studies, European International Studies Association, Cardiff, UK, 7-10 June 2017.

▪ G. Gordon, A Political Economy of Indicators in Law, at the Indicators, Images and Technologies in International Law workshop, T.M.C. Asser Instituut, in collaboration with the Vrije Universiteit Amsterdam, 16 June 2017.
G. Gordon, A Political Economy of Indicators in Law, at the Indicators, Images and Technologies in International Law workshop, T.M.C. Asser Instituut, in collaboration with the Vrije Universiteit Amsterdam, 16 June 2017.

▪ E. Hirsch Ballin participated as a discussant in the first ever Expert Meeting of academics on Statelessness, Citizenship and Inclusion from 7-8 June 2017, which was combined with a dedicated programme on statelessness for early/mid-career academics from 5-9 June 2017 at NYU in New York, United States, where he gave a master class. The events were convened by the Institute on Statelessness and Inclusion in collaboration with NYU's Center for Global Affairs and Open Society Justice Initiative.
E. Hirsch Ballin participated as a discussant in the first ever Expert Meeting of academics on Statelessness, Citizenship and Inclusion from 7-8 June 2017, which was combined with a dedicated programme on statelessness for early/mid-career academics from 5-9 June 2017 at NYU in New York, United States, where he gave a master class. The events were convened by the Institute on Statelessness and Inclusion in collaboration with NYU's Center for Global Affairs and Open Society Justice Initiative.

▪ J.E. Nijman, ‘Trust and distrust as fundamental concepts for international legal order: Grotius vs Hobbes’ paper presented at the Workshop Internationale Geschichte, ‘Vertrauen in den international Beziehungen’, organised by Univ.-Prof Dorothea Nolde, University of Vienna, 4 April 2017, Vienna.
J.E. Nijman, ‘Trust and distrust as fundamental concepts for international legal order: Grotius vs Hobbes’ paper presented at the Workshop Internationale Geschichte, ‘Vertrauen in den international Beziehungen’, organised by Univ.-Prof Dorothea Nolde, University of Vienna, 4 April 2017, Vienna.

▪ O. Ribberink - Chair Panel on "R2P and UKraine", in Third Conference On Responsibility To Protect in Theory And Practice, Faculty of Law, University of Ljubljana, Slovenia, 12 May 2017.
O. Ribberink - Chair Panel on "R2P and UKraine", in Third Conference On Responsibility To Protect in Theory And Practice, Faculty of Law, University of Ljubljana, Slovenia, 12 May 2017.

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T.M.C. Asser Press

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Available as of 1 July 2017:

Elementair Internationaal Recht 2017/Elementary International Law 2017

Compiled by the T.M.C. Asser Instituut in cooperation with the Law Faculties of the Dutch universities
Language: Dutch/English
ISBN 978-90-6704-353-3
ca. 700 p., paperback, € 20,00
Available at your Dutch/Belgian (internet) bookstore.

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Recently published by T.M.C. Asser Press:

Netherlands International Private Law NIPR/NIPR Online
ISSN 0167-7594
Editor-in-chief: Prof. Dr. Xandra Kramer, Erasmus University Rotterdam, Utrecht University

Articles in this issue:
Mutual trust within judicial cooperation in civil matters: a normative cornerstone – a factual chimera – a constitutional challenge - M. Weller (freely accessible)
• Asymmetrische forumkeuzes binnen de Franse rechtssfeer - R.A.B. Cobussen
• (Eenzijdige) optie arbitrage clausules in Europees perspectief - B. van Zelst

More information about NIPR and NIPR Online

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International Criminal Justice Series , Vol. 9

Translating Guilt
Identifying Leadership Liability for Mass Atrocity Crimes

By Cassandra Steer

This book seeks to understand how and why we should hold leaders responsible for the collective mass atrocities that are committed in times of conflict. It attempts to untangle the debates on modes of liability in international criminal law (ICL) that have become truly complex over the last twenty years, and to provide a way to identify the most appropriate model for leadership liability.

An entire chapter of the book is devoted to considering why leaders should be held responsible for crimes committed by their subordinates, from legal, moral and pragmatic perspectives. The moral responsibility of leaders is translated into criminal liability, and the different domestic models of liability are translated to the international context, in such a way as to appeal to advanced students of ICL, academics, and practitioners who want to understand the complexities of leadership liability in international criminal law today and identify the best way to approach it.

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Newsletter of the T.M.C. Asser Instituut

Editors:
Ruud Stevens/Antoinette Wessels

The T.M.C. Asser Instituut is a research centre for international and European law with a high public and international profile. Its mission is to contribute to the development of international and European law by conducting independent fundamental research, policy-oriented research, and commissioned research, as well as by initiating and facilitating academic and expert meetings, (professional) education, and public events with a view to disseminating knowledge of international and European law.

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