Forthcoming Publications

Forthcoming Publications

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A Comparative Study of Cybercrime in Criminal LawA 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?

 Digital Evidence Changing the Paradigm of Human Rights Protection Digital Evidence Changing the Paradigm of Human Rights Protection
Salvatore di Cerbo

In a “digital world” like ours, vast Information and Communication Technology (ICT)
infrastructures are highways where run extensive flows of information, dictating the
rhythm of our day-to-day lives. Such a deep influence, close to be an addiction for us, turns
ICT an unquestioned feature of modern life. These premises well portrait the landscape in which the diverse spectrum of actors
committed to promote, defend and restore the human rights operate. Therefore, the risk is
to mistake the means with the ends; but, even if the subject of this work, Digital Evidence,
is technology-related, the purpose of the study is the goal to which it tends: human rights
and their protection. Moreover, the wide diffusion of “capturing devices” that allow the documentation of human
rights abuses throughout massive streams of data from diverse sources will raise new
needs: in primis a careful collection and interpretation of the most relevant ones, and then
the establishment of mechanisms to ensure the validity and reliability of newly acquired
information. The whole chain that connects all the required steps in order to turn digital data into
“digital legal evidence” relevant for the protection of human rights, represents a challenge
for human rights practitioners, as individual activists, as well as organizations. Every single
step is fundamental: collection, management, preservation, analysis and security of data,
along with an effective communication and strategic use of evidence. Twitter tweets, Facebook and Blogs posts, Instagram photos and Youtube videos, even
when considered too weak for a conviction to be founded on, can play an important
role outside of a courtroom, establishing the grounds for prosecution indictments or, in
general, creating awareness of human rights abuses. Consequently, new forms of human rights activism, like the so-called “hashtag activism”,
pass through social media and have the power to generate a real change at both legal and
awareness level. The risk to be avoided is to mortify this power using social media as a
shortcut to be politically active or socially trendy making a mere “clictivism”. Hence, the core of this work revolves around the pivotal question of legal sufficiency of
the digital means employed in recording human rights abuses and the consolidation of
standards and procedures regulating the admissibility of collected evidence in the court of
law. The purpose is to provide an answer from a tri-folded point of view. The U.S. legal system leads in the regulation of the requirements for digital evidence to be
admitted at trial; nonetheless, also International courts like ICC, ICTY and ICTR follow
rules and procedure for that purpose, based on authenticity, protection of privacy, chain
of possession and reliability of the electronic evidence. At the European level, instead, the
lack of a common legislation relevant to the admissibility of d-evidence at trial required a
comparative study of the respective provisions contained in many Europeans countries’
procedural law. For these three levels a special attention is reserved to the analysis
of the lifecycle of digital evidence, from the creation and use of digital digital human
rights documentation for immediate purpose to its later admission as evidence in legal
proceedings, as well as to the authentication issue. At the last stage a collection of the most relevant case law form the principal U.S. courts
and International courts is provided.

Background to the crisis in Syria and perspectives on human rights & humanitarian law violationsBackground to the crisis in Syria and perspectives on human rights & humanitarian law violations
Yana Ballod

Since the beginning of the crisis in Syria, in mid-March 2011, the context in which it is regarded has been constantly changing. Four years later, the escalating violent armed conflict, fired from the “Arab Spring” movement has led to the rise of terrorist groups and a huge wave of refugees fleeing from the country. The present publication addresses the developments before 2011, as well as between mid-March 2011 and July 2015. It provides the factual background to the crisis and its analysis within the scope of humanitarian and human rights law. This volume is useful for understanding the roots of the crisis and its circumstances before summer 2015. A detailed research on what has happened and is happening in Syria brings up numerous unsolved issues within the international community. International law provides several possibilities for conflict resolution and stabilising crises: timely and effective response of international community represented by United Nations and its agencies, in particular United Nations Security Council; enforcement of the responsibility to protect; imposing sanctions; bringing to international justice and internationally addressing elements of the crisis, e. g. terrorism. However, with the involvement of different international actors, the implementation of international law depends on the particular behaviour of each of them. This way even erga omnes norms become voluntary. In the case of Syria, the application of international law instruments has been accompanied by hesitation. Cross-regional, regional and internal tensions prevented international community from shaping a coherent and decisive response to mass atrocities taking place in Syria. Thus, this research questions the existing system of leverages and sets an ambitious goal of finding out how to change it.

Verzamelde gedichtenVerzamelde gedichten
A. Gerits

Anton Gerits (‘s Gravenhage 1930) debuteerde als dichter in 1957 met de bundel Grondbezit bij A.A.M. Stols.   Dit boek bevat gedichten geschreven in de periode 1947 – 2015. J. Greshoff schreef naar aanleiding van zijn debuut aan Lou Boucher, vermaard letterkundige boekhandelaar en uitgever: ‘Eindelijk weer eens een eigen geluid’.   Adriaan Morriën oordeelde in Het Parool: ‘Poëzie die een zeer Hollandse indruk maakt en zich zomin aan modieuze experimenten als van een opgeschroefde hemelbestroming vertelt.’   Lucette Oostenbroek oordeelde over de bundel Alleen wanneer ik kijk: ‘Het is een verademing weer eens een bundel met echte haiku te mogen lezen. De auteur heeft in heel wat verzen dat gewichtloze stadium bereikt waarin subject en object opgeheven zijn om te versmelten tot één ervaring.’   D. Prinsen schreef in Wetenschap, Cultuur en Samenleving, Vrije Universiteit, Amsterdam over de bundel Landschapsbeheer: ‘Zelden is de breuk tussen mens en natuur treffender en beknopter geformuleerd.’   T. van Deel oordeelde: ‘Dit is echte poëzie, echt ook in de zin dat het hier gaat om de grote dingen van het leven, waar we vandaan komen, waar we zijn en waar we heengaan. Poëzie ook die dit raadsel durft te vergroten en die op een onmodieuze manier beschouwelijk durft te zijn.’   Jan Niesen oordeelde in Schoonschip 93 over Asielbeleid: ‘Hoe moeizaam de hermetische bolster van de poëzie van Anton Gerits ook geopend kanworden, het loont meer dan de moeite door te dringen in de poëtische pracht van een geabstraheerd landschap, een omwereld door de dichter dermate fijnzinnig gezeefd dat alleen wezenlijke, fundamentele zaken het licht zien en details vervagen. In zijn genre en met zijn benadering een uniek dichter.’

Solving StatelessnessSolving 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.

Civis europaeus sum?Civis europaeus sum?
Guayasén Marrero González

Civis europaeus sum? Am I a citizen of the Union? This question, which is the cornerstone of this thesis, is also the question that people affected by an eventual State succession within an EU Member State need an answer to. The link between the nationality of an EU Member State and citizenship of the Union is, as it stands now, unbreakable. One cannot claim the enjoyment of the latter without holding the nationality of an EU Member State. Thus, those who, due to the operation of the State succession and the rules enacted in that context regarding nationality, lose the nationality of the predecessor-EU Member State cannot invoke “civis europaeus sum”. From the outset, individuals who lose the nationality of an EU Member State would lose EU citizenship and the rights attached to it. However, whilst EU citizenship is still not autonomous from Member State nationality, certain rights associated to the residence in both the potential newly independent States and the EU Member States can be frozen as an interim solution until such times as the former has completed the EU accession process.

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