The use of data acquired through earth observation satellites has become commonplace. The use of satellite data has even expanded as an extremely useful tool to implement international law since it provides factual, relevant and up-to-date information. Further technological developments will steadily increase the range of data which can be collected through Earth Observation and further enhance its accuracy. Therefore, satellite data can be used to monitor compliance with obligations contained within international agreements or to resolve disputes before an international court.Read more
Thinking about wars people used to see battlefields with tanks, trenches, armies with conventional weapons, uniformed soldiers under strict hierarchical military command structure (‘Befehl ist Befehl’). Wars between nation-states were waged conform international (humantarian) law (Geneva Conventions 1949), in line with Clausewitz’s military theories. However, the concept of warfare is changing rapidly. The war of the Western coalition against Islamic State for instance, is an asymmetrical conflict. If all the jihadi’s would be competing with all Western allied forces on one battlefield, the battle would be over in no time. That’s why Islamic State uses insurgency and hit and run guerrilla-tactics, avoiding army-to-army confrontations.Read more
Torkel Opsahl Academic EPublisher has published: Historical Origins of International Criminal Law, edited by Morten Bergsmo (et al.). We thank the publisher for donating this series.Read more
Pilot fatigue has long been stated as a concern in the airline industry. The European Aviation Safety Agency (EASA) has previously proposed setting limits on the duration that pilots can fly. Fatigue leads to slower reaction times and impaired concentration and decision making.Read more
18 February 2016, new EASA Flight Time Limitations (FTL) rules (EU Regulation 83/2014) come into effect.
The aviation industry shifts to a fully harmonised European set of rules aimed at preventing air crew fatigue from constituting a risk to flight safety. Aviation accidents are still extremely rare, but when they have occurred, figures show that 80% are a result of human error, with pilot fatigue accounting for 15-20% of human error in fatal accidents.
During the U.S. election campaign Trump threatened to abandon U.S. allies in Europe if they did not spend enough on defense. Apart from undermining the deterrence-effect of NATO, this policy would be disastrous for European security. Fortunately U.S. President Barack Obama has said: “In my conversation with the president-elect he expressed a great interest in maintaining our core strategic relationships and so, one of the messages I will be able to deliver is his commitment to NATO and the transatlantic alliance.” Although president Trump will retain America’s commitment to the NATO alliance, Europe is awake now after dozing in under the U.S. security umbrella.Read more
Territorial disputes in the South China Sea involve both island and maritime claims among several sovereign states within the region, namely Brunei, the People’s Republic of China, Malaysia, the Philippines, and Vietnam. A significant aspect of the territorial dispute in the South China Sea concerns China’s construction of (artificial) islands. The disputes in the South China focus on the question whether the (land reclamations on the) reefs in the South China Sea are islands or rocks or Low Tide Elevations.Read more
Torkel Opsahl Academic EPublisher (TOAEP) in Brussels has published a new (e-)book : Historical War Crimes Trials in Asia edited by Daqun Liu and Binxin Zhang. The TOAEP furthers the objective of excellence in research, scholarship and education by publishing worldwide through the Internet. The publisher has four publications series: the Publication Series, the Policy Brief Series, the Occasional Paper Series and the Law of the Future Series. The Peace Palace Library wishes to thank the Torkel Opsahl Academic EPublisher for donating all books on print.Read more
Books Gauthier, R., The International Olympic Committee, Law, and Accountability, London, New York, Routledge, Taylor & Francis Group, 2017. Hilpert, H., Die Olympischen Spiele der Antike und Moderne im Rechtsvergleich, Stuttgart, Boorberg, 2014. Höfling, W., J. Horst und M. Nolte (eds.), Olympische Spiele, Tübingen, Mohr Siebeck, 2013. Javaloyes Sanchis, V., El régimen jurídico del Tribunal […]Read more
In the South China Sea Arbitration Award (12 July 2016), an arbitral tribunal at The Hague found that China’s claim to historic rights to resources was incompatible with the detailed allocation of rights and maritime zones in the Convention. The Tribunal considered that prior to the Convention, the waters of the South China Sea beyond the territorial sea were legally part of the high seas, in which vessels from any State could freely navigate and fish. Accordingly, the Tribunal concluded that, as between the Philippines and China, there was no legal basis for China to claim historic rights to resources, in excess of the rights provided for by the Convention, within the sea areas falling within the ‘nine-dash line’.Read more
In the 1990s, European member states have concluded about 200 bilateral investment treaties (BITs) with Eastern European countries. For example, the Netherlands has BITs with Poland, the Baltic States, Slovakia and Czech Republic. Now most of these Eastern European countries are member states of the European Union themselves, the European Commission wants to put an end to the intra-EU bilateral investment treaties (BITs): agreements concluded between EU member states. If these agreements are terminated, there is a risk that European investors will not be strongly and adequately protected under the provisions currently included in the single market.Read more