In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research.
Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute.
The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.
Зміст
Introduction.- Towards an EU Position on Armed Drones and Targeted Killing?.- The Protection of Nationals Abroad: A Return to Old Practice?.- The “Unwilling or Unable” Test and the Law of Self-Defence.- Protection of Fundamental Rights in Third Countries through EU External Trade Policy: The Cases of Conflict Minerals and Timber.- Fundamental Rights and Rule of Law Promotion in EU Enlargement Policy in the Western Balkans.- The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?.- Family Private International Law Issues before the European Court of Human Rights – Lessons to be Learned from Povse v. Austria in Revising the Brussels IIa Regulation and its Relevance for Future Abolition of Exequatur in the European Union.- Some Aspects of the Application and Ascertainment of Foreign Law in the Light of Article 6 of the ECHR.- International Commercial Surrogacy Arrangements: the Interests of the Child as a Concern of Both Human Rights and Private International Law.- Protecting Athletes’ Right to a Fair Trial T
hrough EU Competition Law: the Pechstein Case.- The Enforcement of CAS Arbitral Awards by National Courts and the Effective Protection of EU Law.- Rights and Wrongs of and about Nationality in Sports Competition.