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Article

Mutual Recognition in Criminal Matters in Cyprus

Journal European Journal of Law Reform, Issue 1 2009
Authors Theodora Christou, Eleni Kouzoupi and Helen Xanthaki
Author's information

Theodora Christou
European Cross Border Justice Project Manager, The AIRE Centre.

Eleni Kouzoupi
Counsel of the Republic, Law Office of the Republic of Cyprus. The views presented in this chapter are personal and can only be attributed to the author in her personal capacity. They do not reflect, express or bind the views of the Republic of Cyprus.

Helen Xanthaki
Senior Lecturer and Academic Director, Centre for Legislative Studies, Institute of Advanced Legal Studies, School of Advanced Study, University of London, Lawyer (Athens Bar).

The Rt. Hon. Lord Justice Thorpe
Head of International Family Justice for England and Wales.

Ulrich Karpen
Prof. Dr. iur., Universitätsprofessor at the Faculty of Law, University of Hamburg, Gerrmany.

Zafar Gondal
Director, Sustainable Law Institute, London.

Geetha Mazarelo
Masters student at the Institute of Advanced Legal Studies 2008. The content of this article was completed in August 2008 and does not cover developments after this time, for example the full passage of the Counter-Terrorism Bill 2008 (Counter-Terrorism Act 2008) is not analysed..

Giuseppe Martinico

Oreste Pollicino

Vincenzo Sciarabba
Paragraphs B and D have been written by Giuseppe Martinico (STALS Senior Assistant Editor, Scuola Superiore Sant'Anna); paragraphs C and F by Oreste Pollicino (Associate Professor in Comparative Public Law, Bocconi University, Milan); paragraphs A and E by Vincenzo Sciarabba (Post-doc Researcher in Comparative Public Law, University of Pavia). For the idea of the “untouchable core” see, N. Lavranos, Revisiting Article 307 EC: The Untouchable Core of Fundamental European Constitutional Law Values, in F. Fontanelli, G. Martinico & P. Carrozza, (Eds.), Shaping Rule of Law Through Dialogue: International and Supranational Experiences (forthcoming).

Filippo Fontanelli
f.fontanelli@sssup.it. PhD candidate, Sant'Anna School of Advanced Studies, Pisa, Global Hauser Scholar, NYU Law School. Many thanks to N. Walker, N. Lavranos and G. Martinico for their valuable comments. Usual disclaimer applies.
Article

Access_open Collective Responsibility, National Peoples, and the International Order

Journal Netherlands Journal of Legal Philosophy, Issue 2 2009
Keywords collective responsibility, international legitimacy, global justice
Authors prof. Ronald Tinnevelt
AbstractAuthor's information

    This paper critically scrutinizes Pettit’s defence of corporate and collective responsibility in the light three questions. First, does Pettit successfully argue the passage from corporate responsibility to the responsibility of embryonic group agents, in particular nations? Second, are representation and the authorial and editorial dimensions of democratic control sufficient to ensure that a state is under the effective and equally shared control of its citizens? Third, what kind of international order is required to prevent states from being dominated?


prof. Ronald Tinnevelt
Ronald Tinnevelt is Associate Professor of Legal Philosophy at the Faculty of Law of the Radboud University Nijmegen.

Bilal Benyaich
Bilal Benyaich (1982) is licentiaat in de politieke wetenschappen (VUB) en is werkzaam als beleidsmedewerker bij de Sociaal-Economische Raad van Vlaanderen.
Article

Access_open Op de bres voor rechtszekerheid

Journal Netherlands Journal of Legal Philosophy, Issue 1 2009
Keywords rechtszekerheid, in dubio pro libertate, Brouwer, rechtspositivisme, constructivisme
Authors Marc Loth
AbstractAuthor's information

    This paper addresses the principle of legal certainty, which was central in the work of Bob Brouwer. He both regretted and disputed the decline of this principle in the theory and practice of law, trying to defend it against the spirit of the time. I argue that this attempt was in vain, because it opposes recent developments in law, as is illustrated by a notorious case of the European Court of Human Rights. Moreover, these developments invoke a constructivist account of legal certainty, which opposes Brouwer’s legal positivist account. Additionally, this meta-level shows that legal certainty in its classical form is indefensible, which – of course – does not mean that it is senseless altogether. On the contrary, the principle of legal certainty does have meaning in current legal systems, and it is the task of new generations of young scholars to try to get a grip on it. In doing so, they will undoubtedly make use of Brouwer’s work, which excels both in the depth of thinking and the clarity of writing.


Marc Loth
Marc Loth is raadsheer in de Hoge Raad der Nederlanden.

Frank Furedi
Frank Furedi is a professor of Sociology, School of Social Policy, Sociology, Social Research, The University of Kent, Canterbury CT2 7NY, Email; <F.Furedi@kent.ac.uk>.
Article

Access_open Prevention, precaution, logic and law

The relationship between the precautionary principle and the preventative principle in international law and associated questions

Journal Erasmus Law Review, Issue 2 2009
Authors Arie Trouwborst
Author's information

Arie Trouwborst
Arie Trouwborst is a lecturer in environmental law at Tilburg University, the Netherlands.

Charles Vlek
Charles Vlek is professor emeritus of environmental psychology and decision research in the Faculty of Behavioural and Social Sciences, Groningen University, Groningen The Netherlands; <c.a.j.vlek@rug.nl>. The author has profited from a three-year period of chairing an advisory committee of the Health Council of The Netherlands (see Health Council, ‘Voorzorg met Rede’ [Precaution with Reason] no. 2008/18 (The Hague: Gezondheidsraad 2008)). Special thanks are due to staff members Wim Passchier, Nienke van Kuijeren, and Harrie van Dijk, and to the various committee members. However, since the views and conclusions in the present paper also result from substantial additional work, they are the personal responsibility of the author.

Matthias Borgers
Both authors are Professors of Criminal Law and Criminal Procedure at the VU University in Amsterdam. This article is based on M.J. Borgers, De vlucht naar voren (The way forward) VU inaugural lecture (The Hague: Boom Juridische Uitgevers 2007) and E. van Sliedregt, Tien tegen één (Ten to One), VU inaugural lecture (The Hague: Boom Juridische Uitgevers 2009).

Elies van Sliedregt
Both authors are Professors of Criminal Law and Criminal Procedure at the VU University in Amsterdam. This article is based on M.J. Borgers, De vlucht naar voren (The way forward) VU inaugural lecture (The Hague: Boom Juridische Uitgevers 2007) and E. van Sliedregt, Tien tegen één (Ten to One), VU inaugural lecture (The Hague: Boom Juridische Uitgevers 2009).

Tobias Arnoldussen
Tobias Arnoldussen is a PhD Candidate in the Sociology of Law Department at the Erasmus School of Law in Rotterdam. The author would like to thank the two referees and the editors Ellen Hey and Roel Pieterman for their valuable and helpful comments.

Roel Pieterman

Jaap C. Dr. Hanekamp
Jaap Hanekamp is an independent researcher and teaches at the Roosevelt Academy (chemistry and philosophy of science). This contribution is part of his forthcoming PhD thesis in theology and philosophy on precautionary culture.
Article

Eén kloppend hart voor de EU?

Waarom twaalf lidstaten supranationale of intergouvernementele integratie prefereren voor het Europees Veiligheids- en Defensiebeleid

Journal Res Publica, Issue 2 2009
Keywords ESDP, QCA, supranational or intergovernmental preferences
Authors Evi Roelen
AbstractAuthor's information

    This paper focuses on the European Security and Defense Policy and tries to answer the question why the member states have deviating deepening preferences in this field. After discovering the supranational-intergovernmental divide, we will determine its possible causes. The Qualitative Comparative Analysis helps us to distillate the most valuable independent variables and reveals ‘institutional culture’ and ‘balancing’ as most important. Finally, we match our findings with the initial theories, used to derive the causal variables, and verify their explanatory power.


Evi Roelen
Evi Roelen (°1986) is Master in de Internationale Politiek en volgt momenteel een Master en études européennes à finalité économie (Université Libre de Bruxelles). Haar voornaamste interessegebieden zijn Europese integratie, europeanisering en politieke economie.

Jeremy Sarkin
Jeremy Sarkin has law degrees from South Africa, an LL.M. from Harvard Law School and a Doctor of Laws degree from the University of the Western Cape (Cape Town). He is an attorney in South Africa and admitted to practice in the State of New York. He is Distinguished Visiting Professor of Law at Hofstra University in New York. In March 2008 he was elected by the Human Rights Council to be a Special Rapporteur and member of the United Nations Working Group on Enforced or Involuntary Disappearances. He can be reached at JSarkin@post.harvard.edu. This is an edited version of an article that appeared in the journal Human Rights and International Legal Discourse in 2007.
Article

Access_open How Should the ICC Office of the Prosecutor Choose its Cases?

The Multiple Meanings of ‘Situational Gravity’

Journal Hague Justice Journal, Issue 1 2009
Authors Mark Osiel
Author's information

Mark Osiel
Director of International Criminal/ Humanitarian Law and Public International Law, T.M.C. Asser Instituut, The Hague.
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