Search result: 12 articles

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Jee Aei (Jamie) Lee
Jee Aei Lee is Crime Prevention and Criminal Justice Officer, Justice Section, United Nations Office on Drugs and Crime, Vienna, Austria.

Yvon Dandurand
Yvon Dandurand is Professor Emeritus in Criminology, University of the Fraser Valley, and Fellow and Senior Associate at the International Centre for Criminal Law Reform, Vancouver, Canada. Contact authors: jeeaei.lee@un.org; Yvon.Dandurand@ufv.ca.

    The milestone provisions in the Outer Space Treaty designate outer space and celestial bodies as an area beyond national jurisdiction in which national jurisdiction extends only to space objects and persons in outer space. In view of upcoming commercial space mining activities and the recent national legal developments, it is of crucial importance to delineate the different levels of legal authority over space resource activities and to analyze them systematically. What is indisputable, in the first place, is that any national appropriation in outer space is prohibited by Article II OST, while the appropriation of resources is not explicitly mentioned. More specific provisions are formulated in the Moon Agreement. Its Article 11 prohibits the appropriation of resources on celestial bodies and states that such activities — as soon as they become feasible — must be regulated by the international community of States. While this moratorium on resource exploitation is binding only for the 18 ratifying State parties to the Moon Agreement, there is no doubt that the legal authority to regulate over outer space lies with the international community and not with single States. Unilateral legislative acts must conform to existing international provisions as outer space is an area beyond national jurisdiction. Where such explicit provisions are lacking – as is the case with the appropriation of space resources – the lawful scope of national authority must nevertheless be delineated through international regulation as States lack the national prescriptive authority to regulate over outer space and celestial bodies.


Stephan Hobe
Prof. Dr. Stephan Hobe is Director of the Institute of Air Law, Space Law and Cyber Law and Holder of the Chair for Public International Law, European Law, European and International Economic Law at the University of Cologne.

Rada Popova
Rada Popova is a senior lecturer (public international law, EU law and constitutional law) at the University of Cologne and research fellow at the Institute of Air Law and Space Law in Cologne.

Mahulena Hofmann
SES Chair in Space, SatCom and Media Law, University of Luxembourg.

Michael Friedl
Michael Friedl is a PhD candidate and research and teaching assistant at the University of Vienna, Austria.

Maximilian Gartner
Maximilian Gartner is a PhD candidate in a joint PhD program at the University of Bologna, Katholieke Universiteit Leuven and Mykolas Romeris University.
Article

Access_open ‘God’s Friend, the Whole World’s Enemy’

Reconsidering the role of piracy in the development of universal jurisdiction.

Journal Netherlands Journal of Legal Philosophy, Issue 2 2018
Keywords Cicero, Augustine, Bartolus, piracy, universal jurisdiction
Authors Louis Sicking
AbstractAuthor's information

    Piracy holds a special place within the field of international law because of the universal jurisdiction that applies. This article reconsiders the role of piracy in the development of universal jurisdiction. While usually a connection is established between Cicero’s ‘enemy of all’ and modern conceptions of pirates, it is argued that ‘enemy of the human species’ or ‘enemy of humanity’ is a medieval creation, used by Bartolus, which must be understood in the wake of the Renaissance of the twelfth century and the increased interest for the study of Roman Law. The criminalization of the pirate in the late Middle Ages must be understood not only as a consequence of royal power claiming a monopoly of violence at sea. Both the Italian city-states and the Hanse may have preceded royal power in criminalizing pirates. All the while, political motives in doing so were never absent.


Louis Sicking
Louis Sicking is Aemilius Papinianus Professor of History of Public International Law at Vrije Universiteit Amsterdam and lecturer in medieval and early modern history at Universiteit Leiden.
Article

What Are Space Resources? What Are Celestial Bodies?

The Need for Refined Legal Definitions in View of Recent Regulatory Efforts Concerning Space Resources

Journal International Institute of Space Law, Issue 5 2018
Authors Irmgard Marboe and Michael Friedl
AbstractAuthor's information

    Recent efforts in the regulation of the use of space resources have raised controversial discussions about the compatibility of respective national legislation with international law. The situation is relatively unclear, also because key terms in this context have so far remained relatively vague and undefined under international law, including most importantly the terms space resource and celestial body. The purpose of the present paper is to examine how these terms, as they are used in the UN space treaties, should and could be defined in order to provide better guidance to national legislators and international fora concerned with the formulation of recommendations on space resources governance at the international level. In addition to Articles 31 and 32 of the Vienna Convention on the Law of Treaties, approaches and definitions used in practice by scientists, such as astronomers, astrophysicist, and engineers, will be taken into account.
    As regards the term space resource it will be addressed to what extent the difference between renewable and non-renewable resources may be relevant for the legal qualification of outer space resources and the regulation of their use. As regards the term celestial body it will be asked whether it could be meaningful to differentiate the Moon – and other planets and stars – from asteroids in the development of legal regimes governing their use and exploitation. In this respect, recent scientific findings will be presented in more detail.
    Technological progress and its legal implications shall be discussed in view of the historical development of the legal regime of outer space, including the concepts of freedom of use, benefit of mankind and common heritage of mankind. The paper will also address comparable concepts and their development in the law of the sea.


Irmgard Marboe
University of Vienna, Austria.

Michael Friedl
University of Vienna, Austria.

Barnabás Hajas
Adjunc professor, Péter Pázmány Catholic University; Deputy Head of Department, Ministry of Justice.

Willem H. van Boom
Prof dr. Willem van Boom is a professor of law. As of August 2014, he holds tenure at Leiden Law School.
Article

Access_open De complexiteit van het kwaad

Een kritische lezing van Hannah Arendts Eichmann in Jerusalem

Journal Netherlands Journal of Legal Philosophy, Issue 1 2012
Keywords banality of evil, Hannah Arendt, Adolf Eichmann, Holocaust studies, philosophy of international criminal law
Authors Klaas Rozemond
AbstractAuthor's information

    In her book Eichmann in Jerusalem Hannah Arendt concluded that the Eichmann trial taught us the lesson of the ‘fearsome, word-and-thought-defying banality of evil’. Arendt explained the concept of banality as thoughtlessness: Eichmann did not realize what he was doing when he planned and executed the Final Solution of the Jewish Question in Nazi Germany. In this article Arendt’s analysis of Eichmann’s evil is criticized from an internal perspective: the conclusion that Eichmann was thoughtless cannot be founded on the information Arendt herself gives, especially her reports on Eichmann’s idealism, his knowledge of Kant’s categorical imperative, his Pontius Pilate feeling during the Wannsee Conference, and the two crises of conscience Eichmann experienced during the Holocaust. This information shows that Eichmann clearly realized what he was doing in a moral sense and consciously decided to go on with the Final Solution on the basis of his own convictions as a Nazi.


Klaas Rozemond
Klaas Rozemond is Associate Professor of Criminal Law at the VU University of Amsterdam.
Article

What Critiques Have Been Made of the Socratic Method in Legal Education?

The Socratic Method in Legal Education: Uses, Abuses and Beyond

Journal European Journal of Law Reform, Issue 3-4 2010
Keywords Socratic method, legal education, learning theory, critical thinking, feminist pedagogy
Authors Christie A. Linskens Christie
AbstractAuthor's information

    Legal education is known for its use of the Socratic method. It appears, however, that the Socratic method may not be just for law students any more: American educators are now considering the method in the teaching of non-law school students. One perceived benefit of teaching by the Socratic method is that a student will learn by critical thinking rather than rote memorization. A major criticism of the method, however, is that a student may suffer low self-esteem from the perception that the method engages in ‘bullying’. The articles discussed in this literature review address the method in learning theory, the method in law school, criticisms of the method and proposals to use the method for non-law students. This article will analyze the Socratic method, the pros and cons of the method and its application outside of the law school.


Christie A. Linskens Christie
Christie A. Linskens Christie is a PhD Student, Urban Education at the University of Wisconsin-Milwaukee, Adjunct Professor at Marquette University Law School and Staff Attorney, Legal Aid Society of Milwaukee, Inc.
Article

Access_open Democratie als politiek systeem, als idee en als levenshouding: Reactie op het artikel 'Democratie zonder volk' van Hong Quoc Loc

Journal Netherlands Journal of Legal Philosophy, Issue 1 2007
Keywords democratie, idee, verhaal, meerderheidsregel, algemeen belang, voorwaarde, citaat, kind, arrangement, doding
Authors K. Wal

K. Wal

    The article deals with the relationship between Islamic fundamentalism and the political participation of women. Firstly, it is discussed at length which political role women play in theories on Islamic fundamentalism. According to some scholars, it is indeed paramount to eliminate where possible, existing stereotypes which state that women are solely ‘placed’ in the private domain by fundamentalists. Secondly, the article examines the extent of actual political participation in a context of Islamic fundamentalism, more specifically the Islamic Republic of Iran. Models of political participation are often implicitly based on formal (electoral) forms of participation. However, women often remain invisible in these kinds of models. Consequently, the article centres on a possible broadening of the notion ‘political participation’ and the incorporation of new forms of informal political activities in the analysis of political participation.


Silvia Erzeel
Wetenschappelijk medewerkster aan de Vakgroep Politieke wetenschappen aan de Vrije Universiteit Brussel.
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