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Zoekresultaten (16)

HBO/WO

MBO

2020

The International Rule of Law and the Idea of Normative Authority

Domestic and international jurisprudence exist and develop as two ‘pocket universes’ in a sense that they belong to the same fabric of reality, but at the same time many concepts shift their meaning when moved from one pocket to another. This is of a paramount importance for the idea of the rule of law, which in domestic setting was forged in the flame of civil wars and struggles against the rulers. This history and such struggles are something international law has never known, and thus any direct transplantation of the domestic images of the rule of law to international realm are doomed to fail. This entails a need in deconstructing the rule of law. Its core meaning (‘laws must be obeyed’), brings a normative claim relevant to any legal order. The idea of the (international) rule of law appears to be linked to the idea of authority of (international) law. There are differences of the structures of authority in domestic and international law as authority can be mediated or unmediated. Mediation of authority, typical for domestic law, presupposes the existence of officials that are functionally and institutionally differentiated from the subjects of law. Authority of international law is by and large unmediated because of its horizontal nature. Such reconstruction allows to reframe the central concern of the international rule of law enquiries. Instead of trying to fit it to the procrustean bed of domestic theories, international legal scholarship must focus on defining conditions under which international law’s claim to authority is realisable.

Auteur onbekend

3 augustus 2018

Public International Law: sources the law of treaties

Content: the law of treaties ? what does it arrange the system when can you use the VCLT some rules

Video

Otto Spijkers

3 augustus 2018

Public International Law: jurisdictional immunities of the state

State immunity from jurisdiction is a rule of international law, which facilitates the performance of public functions by preventing the state form being sued in foreign domestic courts for acts of governmental authority. (acts jure imperii) What is the scope and extent of state immunity before foreign domestic courts in relation to State acts amounting to international crimes?

Video

Otto Spijkers

3 augustus 2018

Public international Law: Jurisdiction of the ICJ

This videoclip is about jurisdiction and how ijurisdiction by the international court of justice is established. Jurisdiction of the court is the competence of the court to hear a dispute. Jurisdiction is based on consent of the parties. There are four different ways to consent to the jurisdiction of the ICJ.

Video

Otto Spijkers

23 januari 2024

Anti-democratic Politics in Europe | Radboud Reflects Lecture and conversation with legal scholar Petra Bárd and political scientist Joep van Lit

(Nederlands volgt Engels) Governments in Poland, Hungary and Romania limit civic liberties. And the electoral successes of anti-democratic parties in other European countries, including The Netherlands, are raising alarms with legal scholars and politicians. Is this the beginning of the end of the rule of law in Europe? Will more countries follow? Have the dominoes started to fall? Learn from scholar Petra Bárd and political scientist Joep van Lit about the way we can defend the rule of law in Europe. Anti-democratic Politics in Europe | Lecture and conversation with legal scholar Petra Bárd and political scientist Joep van Lit | Thursday 18 January 2024 | 20.00 - 21.30 hrs | Collegezalencomplex | Radboud Reflects and Faculty of Law Overheden in Polen, Hongarije en Roemenië beperken burgerlijke vrijheden. En de verkiezingssuccessen van antidemocratische partijen in andere Europese landen, waaronder Nederland, zorgen voor bezorgdheid bij juristen en politici. Is dit het begin van het einde van de rechtsstaat in Europa? Zullen meer landen volgen? Beginnen de dominostenen te vallen? Leer van rechtsgeleerde Petra Bárd en politicoloog Joep van Lit hoe we de rechtsstaat in Europa kunnen verdedigen. Anti-democratic Politics in Europe | Lezing en gesprek met with rechtsgeleerde Petra Bárd en politicoloog Joep van Lit | Donderdag 18 januari 2024 | 20.00 - 21.30 uur | Collegezalencomplex | Radboud Reflects en Faculteit der Rechtsgeleerdheid

Video

Petra Bárd, Joep van Lit

1 december 2022

Case Law Explorer: UI

Legal scholars and law students generally analyse court decisions by means of human analysis. Case Law Explorer is a tool for conducting network analysis on Dutch (and in the near future also European) case law, directed at law students and legal researchers. The software enables extracting, processing, and visualizing citations in court decisions (references in court decisions to other decisions). The software allows finding precedents (court decisions that provide rules that can be applied to solve current or future cases) and identifying groups of decisions on similar (sub-)topics. The link to the materials covers the documentation for the software, including the link to the software itself. The web application draws data from a data pipeline that extracts, transforms, and loads case law. The data pipeline, the underlying software platform, and links to Github repositories, can be found at https://maastrichtlawtech.github.io/case-explorer-ui/#/.

Website

Gijs van Dijck, Maxine Hanrieder

2024

Multidisciplinary Perspectives on Artificial Intelligence and the Law

This open access book presents an interdisciplinary, multi-authored, edited collection of chapters on Artificial Intelligence (‘AI’) and the Law. AI technology has come to play a central role in the modern data economy. Through a combination of increased computing power, the growing availability of data and the advancement of algorithms, AI has now become an umbrella term for some of the most transformational technological breakthroughs of this age. The importance of AI stems from both the opportunities that it offers and the challenges that it entails. While AI applications hold the promise of economic growth and efficiency gains, they also create significant risks and uncertainty. The potential and perils of AI have thus come to dominate modern discussions of technology and ethics – and although AI was initially allowed to largely develop without guidelines or rules, few would deny that the law is set to play a fundamental role in shaping the future of AI. As the debate over AI is far from over, the need for rigorous analysis has never been greater. This book thus brings together contributors from different fields and backgrounds to explore how the law might provide answers to some of the most pressing questions raised by AI. An outcome of the Católica Research Centre for the Future of Law and its interdisciplinary working group on Law and Artificial Intelligence, it includes contributions by leading scholars in the fields of technology, ethics and the law. EU AI Regulation: The book critically examines the proposed EU AI Act, Digital Services Act, and Digital Markets Act, analyzing how they shape the governance of AI in Europe. Ethics and Human Rights: Several chapters explore how AI intersects with fundamental rights, democracy, and human dignity, particularly in the context of EU Charter rights. Transparency and Explainability: It discusses the need for AI systems to be transparent, interpretable, and subject to legal accountability, including issues like algorithmic bias and decision-making. Legal Theory and Enforcement: Legal scholars dissect the limits of current legal concepts (e.g., liability, personhood, intent) when applied to AI systems. The challenges of regulatory enforcement and jurisdiction are also addressed. AI and Sector-Specific Law: The volume includes deep dives into AI in finance, healthcare, and data governance, emphasizing the EU’s risk-based regulatory strategy. Global Perspectives, EU Focus: While international viewpoints are included, the European Union’s legal framework serves as the book’s backbone. ISBN 9783031412646 9783031412639

Open (Access) Tekst Boek

Sousa Antunes Henrique, Pedro Miguel Freitas, Arlindo L Oliveira, Elsa Vaz de Sequeira, Clara Martins Pereira, Luis Barreto Xavier

3 augustus 2018

Public International Law: North Sea continental Shelf

Can the existence of a customary rule be derived from a treaty, and if yes, under what conditions

Video

Otto Spijkers

3 augustus 2018

Public international Law: ECHR admissibility criteria

When can you bring a case before ECHR? What are the admissibility requirements? Almost 90% of all complaints are declared inadmissible. In this clip some of the core admissibility requirements are clarified.

Video

Otto Spijkers

5 juni 2023

The Rest Is History | 338. Ireland: Home Rule, Mutiny - and Civil War? (Part 3)

The year is 1912. The bitter arguments about Home Rule for Ireland are reaching boiling point. But with Ulster in uproar, the Tories encouraging mutiny and thousands of rifles pouring into Ireland, is the United Kingdom really heading for a bloody civil war? And was Sarajevo really the turning point that saved Britain from a sectarian inferno? In today's episode, Tom and Dominic are joined by friend of the show Dan Jackson to discuss the thrilling climax to the Home Rule saga, with appearances from characters such as H. H. Asquith, Andrew Bonar Law and Sir Edward Carson. We end with Britain and Ireland plunging into the abyss of the Great War - and the Easter Rising fast approaching... Producer: Theo Young-Smith Executive Producers: Jack Davenport + Tony Pastor

Audio

Tom Holland, Dominic Sandbrook, Dan Jackson, Theo Young-Smith, Jack Davenport, Tony Pastor