International Public Law & politics

General information : International Public Law & politics

Highlights

BookCover

The World’s Stateless
Institute on Statelessness and Inclusion


To end statelessness worldwide by 2024. That is the ambition of the #ibelong campaign, spearheaded by UNHCR, which aims to galvanise governments, civil society, UN agencies and others into action. It is a bold but appropriate objective. Statelessness has been a cause of human suffering for too long, and unnecessarily so: it is a man-made phenomenon and bringing it to an end is – at least in theory – entirely feasible. The Institute on Statelessness and Inclusion is committed to helping to inform and catalyse solutions for statelessness. In the hope of contributing to a better sense of the task ahead, this inaugural World’s Stateless report explores currently available statistical data and discusses the challenges involved in accurately mapping or quantifying statelessness. From this analysis, the report distils recommendations to states, UNHCR and civil society on how to improve data collection and reporting on statelessness. The Institute on Statelessness and Inclusion is an independent, non-profit organisation dedicated to leading an integrated, inter-disciplinary response to the injustice of statelessness and exclusion. Established in August 2014, it is the first global centre of expertise and action committed to promoting the rights of stateless persons and reducing statelessness worldwide. We believe in the value of research, education, partnership and advocacy. We aim to develop and share our skills and expertise with partners in civil society, academia, the UN and governments, and to serve as a catalyst for change.

Recent Publications

image1

Onderwijs in Nederlands-Indië
N.S. Efthymiou

Dit boek is een studie over een aspect van het constitutionele recht voor Nederlands-Indië, en wel over het onderwijs in Nederlands-Indië in de periode 1602-1942. Het boek geeft een beschrijving van dit aspect en beoogt het aspect te typeren. Om de beschrijving en de typering begrijpelijk te maken gaat aan de studie over onderwijs in Nederlands-Indië een korte behandeling vooraf van algemene kenmerken van constitutioneel recht voor Nederlands-Indië. N.S. Efthymiou is universitair docent staatsrecht aan de Erasmus Universiteit Rotterdam.

image1

A Comparative Study of Cybercrime in Criminal Law
Q. Wang

The development of information technology provides new opportunities for crimes. Firstly, it facilitates traditional crimes such as fraud, and secondly, it breeds new crimes such as hacking. The traditional crimes facilitated by information technology and the new crimes bred by it are the so-called cybercrime in this book. To regulate cybercrime, legal regimes have developed countermeasures in the field of criminal law at different levels. At the national level, China, the United States, England and Singapore have all undergone reforms to adapt their criminal law. At the international level, the Council of Europe has drafted the Convention on Cybercrime and opened it for signatures. However, the still commonly committed cybercrime, such as DDoS attacks and online fraud, indicates the insufficiency of these countermeasures. In this background, this book intends to answer the research question: how can the criminal law be adapted to regulate cybercrime? By using doctrinal research and comparative study as the main methods, this book firstly explores and analyses the approaches of cybercrime legislations in the selected five legal regimes both in the past and in the present, and secondly, compares the different approaches and concludes with respect to the following aspects:   Aspect 1: Do we need a cyber-specific legislation to regulate cybercrime?   Aspect 2: If we do need a specific legislation, what approaches are more systematic for it?   Aspect 3: What principles are sufficient and appropriate to determine jurisdiction over cybercrime?   Aspect 4: What is the function of the Convention on Cybercrime in shaping appropriate legislation against cybercrime?

image1

The Doctrine of Command Responsibility and the Need to Avoid Arbitrary Punishments
D. Civico

When should a superior be held responsible for the crimes of his subordinates? Power and Responsibility are to be seen as a continuum, with one flowing along the other. What often emerges is the idea of a power which, pretending to do well, has in it the seeds of “evil”. An “evil” restrained, but always ready to manifest in exceptional moments, as a surplus of sovereignty. Thus, having power can compel a person to abridge the limits of morality and infringe upon the rights of others. Therefore, a leader, under the “intoxication” of power, could refuse to respect the rights of others, and become irresponsible and unaccountable. Moving along the same idea, responsibility without power becomes meaningless. Unless a person has been entrusted an adequate amount of power, the responsibility entrusted cannot be performed. Thus, power and responsibility require the support of each other in every walk of life. Power and Responsibility: that is where Command Responsibility comes from.

image1

Solving Statelessness
Laura Van Waas & Melanie Khanna (eds)

Interest in statelessness has been steadily increasing since the late 1990s – within academia, among governments, at the UN and among civil society organisations. Research projects, mapping studies and doctrinal discussions have helped to clarify the challenges faced and our understanding of what is at stake. This has led to a fresh sense of purpose in addressing the issue and there is now a growing international movement engaged in finding solutions, spurred on by the UNHCR-led #IBelong Campaign to End Statelessness by 2024. Making meaningful progress towards this goal demands a new and more ambitious approach, one that moves beyond stocktaking to inspire solutions. As Volker Türk outlines in his introduction to this ground-breaking publication: “The global debates have moved beyond the need to explain the problem and its causes and consequences. The time has come to accelerate the momentum to implement durable solutions effectively.” The essays which have been collected in this edited volume all approach statelessness from a solutions perspective, looking at what is being done, and what more can be done, to address the issue. The first part of the book has a thematic focus, exploring perspectives, tools and techniques for solving statelessness which are relevant across different countries and regions. Chapters in the second part each have a regional focus, exploring region-specific challenges, developments and innovations set against the backdrop of the broader context of a global campaign to solve statelessness. With contributions from both scholars and practitioners, the book is likely to be of interest to anyone engaged in studying or implementing solutions for statelessness, including researchers, government policy-makers, staff of international or regional inter-governmental bodies and UN agencies, grass-roots and international civil society organisations, legal practitioners and advanced-level students.

image1

For Justice and Mercy
Ryan van Eijk, Gerard Loman, Theo W.A. de Wit (Eds.)

Publications on an international level and addressing prison chaplaincy from different (continental and disciplinary) angles are rare. Most publications regarding prison chaplaincy are monographies by theologians or prison chaplains, or books from (ex-)inmates witnessing their personal conversion. For Justice and Mercy offers international texts on the positioning of prison chaplaincy and examples from the praxis, as well as from several contexts and concepts. However, the focus is not exclusively on global perspectives. But the publication is certainly international for its contributors are academics or experienced prison chaplains from all continents who are offering their research and reflections from different scientific disciplines on aspects which are of interest for prison chaplaincy in general. Most articles are written from the catholic point of view. The reason is that the initiative for this publication was taken by the executive board of the International Commission of Catholic Pastoral Care (ICCPPC) to pay extra attention to its 65 years existence, and to the Year of Mercy.

image1

Crimmigration law in the European Union (Part 2)
A. Pahladsingh

In the European Union the Return Directive aims at establishing common standards and procedures to be applied in Member States for returning illegally staying third-country nationals (Article 1).  In part 2 of the serie on crimmigration in the EU this research is focusing on 2 other instruments of the Return Directive: the return decision and the detention.
As defined in Article 3 (4) a return decision “means an administrative or judicial decision or act, stating or declaring the stay of a thirdcountry national to be illegal and imposing or stating an obligation to return.” According to Article 6 of the Return Directive Member States are obliged to issue a return decision to any third-country national staying illegally in their territory, unless an express derogation is foreseen by Union Law.
As studies have showed in some countries of nationality there is for the illegal third-country national, who is expelled by EU Member States, a risk of criminalization in the form of criminal sanctions such as fines and detention. This is the situation when these countries of nationality criminalize emigration. Forced to return immediately to their countries of departure or nationality, these “inadmissibles” never fully become immigrants. I label this as double crimmigrations. These failed migrants become at least suspect citizens and they risk a form of double crimmigration in their countries of departure or nationality as they risk to be penalized twice: firstly by their involuntary return and secondly by the instigation of ciminal proceedings against them in the country of nationality. Double crimmigration should become a topic in EU return policy and security policy in which the EU should also formulate solutions.

image1

Stelselherzieningen
mr. S.S. Zoeteman

Met preadviezen van: mr. J.H. Meijer, mr. H.A. Oldenziel en mr. H.W. de Vos (allen ministerie van Infrastructuur en Milieu), mr. M.M. den Boer, mr. J.A. Janssen, mr. Y.L. Lont, mr. R. Buitenhuis, mr. M.J.P.C. Zeegers, mr. E. van Schooneveld en mr. M.T. Veldhuizen (allen ministerie van Volksgezondheid, Welzijn en Sport) en mr. R. Bekker

image1

Trust on the line
Esther Keymolen

Governments, companies, and citizens all think trust is important. Especially today, in the networked era, where we make use of all sorts of e-services and increasingly interact and buy online, trust has become a necessary condition for society to thrive. But what do we mean when we talk about trust and how does the rise of the Internet transform the functioning of trust? This books starts off with a thorough conceptual analysis of trust, drawing on insights from -amongst othersphilosophy and sociology to sharpen our understanding of the topic. The book explains how the arrival of large systems – such as the internet- has changed the character of trust which today is no longer based on interpersonal interactions but has become completely mediated by technologies. Based on the layered building plan of the Internet itself, a new conceptual lens called 4 Cs is developed to analyse and understand trust in the networked era. The 4Cs refer to the 4 layers which all have to be taken into account to assess trust online, namely: context,code, codification, and curation. The 4cs bring together the firsthand experiences of the user (context), the sort of technology that is being used (code), the legal implication (codification) and business interests (curation) in order to get a clear picture of the trust issues that may arise. In the final part of the book some real-life cases are discussed (digital hotel keys, Airbnb, online personalization) to illustrate how trust –analysed through the 4 Cs lens- might flourish or be challenged in our current networked era.

Other interesting publications: