Fundamental Rights in International and European Law : Public and Private Law Perspectives

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 50 th 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. 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--back Cover. Introduction / Christophe Paulussen, Tamara Takács, Vesna Lazić And Ben Van Rompuy -- Towards An Eu Position On Armed Drones And Targeted Killing? / Christophe Paulussen And Jessica Dorsey -- Protection Of Nationals Abroad : A Return To Old Practice? / Onur Güven And Olivier Ribbelink -- 'unwilling Or Unable' Test And The Law Of Self-defence / Kinga Tibori-szabó -- Protection Of Fundamental Rights In Third Countries Through Eu External Trade Policy : The Cases Of Conflict Minerals And Timber / Wybe Th. Douma And Steffen Van Der Velde -- Fundamental Rights And Rule Of Law Promotion In Eu Enlargement Policy In The Western Balkans / Tamara Takács And Davor Jancic -- Court Of Justice And Effective Judicial Protection : What Has The Charter Changed? / Sacha Prechal -- 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 / Vesna Lazić -- Some Aspects Of The Application And Ascertainment Of Foreign Law In The Light Of Article 6 Of The Echr / Steven Stuij -- International Commercial Surrogacy Arrangements : The Interests Of The Child As A Concern Of Both Human Rights And Private International Law / Richard Blauwhoff And Lisette Frohn -- Protecting Athletes' Right To A Fair Trial Through Eu Competition Law : The Pechstein Case / Antoine Duval And Ben Van Rompuy -- Enforcement Of Cas Arbitral Awards By National Courts And The Effective Protection Of Eu Law / Marco Van Der Harst -- Rights And Wrongs Of And About Nationality In Sports Competition / James A.r. Nafziger. Christophe Paulussen, Tamara Takács, Vesna Lazić, Ben Van Rompuy, Editors. Includes Bibliographical References. Front Matter....Pages i-xiv Introduction....Pages 1-6 Front Matter....Pages 7-7 Towards an EU Position on Armed Drones and Targeted Killing?....Pages 9-44 The Protection of Nationals Abroad: A Return to Old Practice?....Pages 45-72 The ‘Unwilling or Unable’ Test and the Law of Self-defence....Pages 73-97 Front Matter....Pages 99-99 Protection of Fundamental Rights in Third Countries Through EU External Trade Policy: The Cases of Conflict Minerals and Timber....Pages 101-122 Fundamental Rights and Rule of Law Promotion in EU Enlargement Policy in the Western Balkans....Pages 123-141 The Court of Justice and Effective Judicial Protection: What Has the Charter Changed?....Pages 143-157 Front Matter....Pages 159-159 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....Pages 161-183 Some Aspects of the Application and Ascertainment of Foreign Law in the Light of Article 6 of the ECHR....Pages 185-209 International Commercial Surrogacy Arrangements: The Interests of the Child as a Concern of Both Human Rights and Private International Law....Pages 211-241 Front Matter....Pages 243-243 Protecting Athletes’ Right to a Fair Trial Through EU Competition Law: The Pechstein Case....Pages 245-278 The Enforcement of CAS Arbitral Awards by National Courts and the Effective Protection of EU Law....Pages 279-307 Rights and Wrongs of and About Nationality in Sports Competition....Pages 309-323