Netherlands Yearbook of International Law 2019 : Yearbooks in International Law: History, Function and Future

This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century. The editors decided not to let this moment go by unnoticed, but to devote this year's edition to an analysis of the phenomenon of yearbooks in international law.Once the decision was made that this would be the subject of this year's NYIL, the editors asked themselves a number of questions. For instance: Not many academic disciplines have yearbooks, so what is the reason we do? What is the added value of having a yearbook alongside the abundance of international law journals, regular monographs and edited volumes that are published on a yearly basis? Does the existence of yearbooks tell us something about who we are, or who we think we are, or what we have to contribute to the world? These questions will be addressed both in a general and in a specific sense, whereby a number of yearbooks published all over the world will be looked at in further detail.The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Board of EditorsRamses A. Wessel(General Editor)University of Groningen Fabian AmtenbrinkErasmus University Rotterdam Seline TrevisanutUtrecht University Panos MerkourisUniversity of Groningen Otto SpijkersUniversity of Wuhan Managing EditorDimitri Van Den MeersscheT.M.C. Asser Institute, The HagueAims and ScopeThe Netherlands Yearbook of International Law (NYIL) was first published in 1970. As a double-blind peer-reviewed publication, the NYIL offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law. In addition, each Yearbook includes a section Dutch Practice in International Law. The NYIL is published under the auspices of the T.M.C. Asser Instituut.T.M.C. Asser InstituutLocated in the ‘international zone’ of The Hague—the City of Justice, Peace and Security, the T.M.C. Asser Instituut is a leading, inter-university research institute operating in the broad field of international law.Founded in 1965, the Institute’s international community of scholars is engaged in research, postgraduate training and dissemination of knowledge in furtherance of the purposes and principles of international law. This inter-university institute cooperates closely with and supports the Dutch universities’ activities in the relevant disciplines. The academic fields covered by the Institute are Private International Law, Public International Law, Law of the European Union, International Commercial Arbitration, International Humanitarian Law, International Criminal Law and International Sports Law.The Institute enjoys an excellent reputation at both a national and an international level for its development, organisation and hosting of conferences and academic meetings, demand-driven postgraduate programmes and training. Its ancillary Websites and data collections all contribute to a coherent and integral strategy in the area of knowledge transfer.The Institute has its own publishing house, T.M.C. Asser Press. T.M.C. Asser Press not only serves the publishing needs of the T.M.C. Asser Instituut, but also those of academics and practitioners worldwide in the fields of International and European Law. T.M.C. Asser InstituutInstitute for Private and Public International LawInternational Commercial Arbitration and European Law Institute Address:R.J. Schimmelpennincklaan 20-222517 JN The HagueThe Netherlands Postal Address:P.O. Box 304612500 GL The HagueThe NetherlandsTel.: +3170 342 0300Fax: +3170 342 0359Email: NYIL@asser.nlInternet: https://www.asser.nl T.M.C. Asser Instituut Contents 1 The Phenomenon of Yearbooks in International Law: An Introduction Part IGeneral Reflections on Yearbooks of International Law 2 The ‘Turn to History’ and the Year of the Yearbook of International Law 2.1 Introduction 2.2 Event and History: The Chronos and Kairos of International Law in a Year, in a Book 2.3 Narrating International Law as ‘Sequential Events with Plausible Transitions’ 2.4 The ‘Heretic’ Book Beyond the Year: What a No-Year Book of International Law Would Look like References 3 A Case in the Politics of Form: Yearbooks of International Law 3.1 Introduction 3.2 The Artefact 3.3 The Rhetorical Economy 3.3.1 What Constitutes the Progressive Development of International Law? 3.3.2 Why and What Type of International Law? 3.4 Conclusion References 4 Archiving Legality: The Imperial Emergence of the International Law Yearbook 4.1 Introduction 4.2 Genealogy, Genre, Archive 4.3 In the Imperial Holdings 4.4 Lines of Descent: The Medieval Year Books 4.5 The British Yearbook of International Law and the Making of a Format References 5 On Yearbooks 5.1 Introduction 5.2 Ranking 5.3 Ambivalence 5.4 Community 5.5 Dispensability References Part IIContributions by Yearbooks of International Law 6 African Yearbook of International Law: A Quarter-Century of Contribution to the Development and Dissemination of International Law 6.1 Introduction 6.2 Historical Background of the African Yearbook 6.3 Function and Main Features of the African Yearbook 6.4 Editorial Team of the African Yearbook 6.5 Structure and Content of the African Yearbook 6.6 Main Challenges Faced by the African Yearbook References 7 Australian Year Book of International Law 7.1 Introduction 7.2 History of the AYBIL 7.3 Development of the AYBIL 7.4 Function and Impact of the AYBIL 7.5 Future of the AYBIL 7.6 Concluding Remarks References 8 The Canadian Yearbook of International Law/Annuaire canadien de droit international: Founding, Function, Future 8.1 Origins: The Founding and Anticipated Functions of the Canadian Yearbook 8.2 The Evolution of the Canadian Yearbook 8.3 The Function and Impact of the Canadian Yearbook Today and in the Foreseeable Future References 9 Chinese (Taiwan) Yearbook of International Law and Affairs: Contributing to the Grotian Moment in Asia 9.1 Introduction 9.2 The Formative Years of the Yearbook 9.3 The Current Operation and Challenges 9.4 Contents Focused on Asia and International Law 9.5 Collaboration with the ILA and ASIL References 10 Czech Yearbook of Public and Private International Law on the Occasion of Its 10th Anniversary: Achievements and Perspectives 10.1 The History of the Czech Yearbook 10.2 The Development of the Czech Yearbook over Time 10.3 The Function and Impact of the Czech Yearbook 10.4 The Future of the Czech Yearbook References 11 Ethiopian Yearbook of International Law: Towards Diversifying and Democratizing Voices in the Making and Development of International Law 11.1 Historical Background 11.1.1 Who Founded It and When? 11.1.2 Functions of EtYIL 11.2 Development, Function and Impact of the Yearbook 11.2.1 Development 11.2.2 Challenges 11.2.3 Impact 11.3 The Future of EtYIL 11.4 Conclusion References 12 Finnish Yearbook of International Law—Past, Present, and Future 13 Annuaire Français de Droit International 13.1 History and Main Features of the AFDI 13.1.1 Genesis 13.1.2 Object and Purpose 13.1.3 Language 13.2 Editorial Organization 13.3 The Development of the AFDI over Time 13.4 Function and Impact of the AFDI 13.5 Challenges for the Future References 14 German Yearbook of International Law: Origins, Development, Prospects 14.1 Origins: The Jahrbuch für Internationales und Ausländisches Öffentliches Recht 14.1.1 The Context: International Law Periodicals in Post-War Germany 14.1.2 Troubled Beginnings: The First Two Volumes of the Jahrbuch 1948/49 14.2 From the Jahrbuch to the German Yearbook of International Law (GYIL) 14.3 Structure and Contents of the Jahrbuch/GYIL 14.3.1 Articles 14.3.2 Reports on Practice in International Law 14.3.3 International Legal Materials 14.3.4 Book Reviews 14.3.5 Walther Schücking Lecture 14.3.6 Outstanding Doctoral and Post-Doctoral Theses 14.4 Thematic Focuses in Hindsight 14.4.1 Topics of the 1950s and 1960s 14.4.2 Topics of the 1970s and 1980s 14.4.3 Topics of the 1990s 14.5 Going Glocal: The GYIL in the New Millennium 14.5.1 Globalisation and Digitalisation as Challenges 14.5.2 Forward to the Past? Reclaiming the Local References 15 The Past, Present and Future of the Hungarian Yearbook of International Law and European Law—An Evolving Story 15.1 History of the Hungarian International Law Scholarship 15.2 Direct Causes and Circumstances of Creating the Hungarian Yearbook 15.3 Sections of the Yearbook—Then and Now 15.4 Can a Yearbook Be Considered to Be Topical? 15.5 Adapting the Hungarian Yearbook to the Digital Age 15.6 The Impact of the Hungarian Yearbook 15.7 Instead of Conclusions References 16 Indonesia and the Absence of a Yearbook on International Law 16.1 Introduction 16.2 The Writing Culture in Indonesia 16.3 Going Places: Indonesian Legal Journals 16.4 The Possibility of an Indonesian Yearbook of International Law 16.5 Conclusion References 17 Italian Yearbook of International Law: Genesis, Development and Prospects 17.1 Birth, Disappearance and Resurrection 17.2 Background and Context 17.2.1 Historical and Scholarly Environment 17.2.2 Precursors 17.3 Development and Challenges Ahead References 18 The Development and Future of the Japanese Yearbook of International Law: From Japanese Perspectives to International Academic Forums 18.1 The Historical Circumstances of Creating JAIL 18.1.1 The Establishment of ILA Japan Branch, and Objectives for JAIL 18.1.2 Background to the Launch of JAIL 18.2 The Development from JAIL to JYIL 18.2.1 The Structure and Topics of JAIL 18.2.2 Birth of JYIL 18.3 Functions of JAIL/JYIL—The Impact on Academia, Politics, and Precedents 18.3.1 Impact on Academia 18.3.2 Impact on Politics and Precedents 18.4 The Future of JYIL References 19 Mexican Yearbook of International Law: A Concept for Researching, Disseminating, and Teaching International Law 19.1 Introduction 19.2 The History of the Yearbook 19.3 The MYIL’s Structure 19.4 The Development of the Yearbook 19.4.1 The Latin American Network of International Law Journals (RELAREDI) 19.4.2 Selected Papers from the Mexican Yearbook of International Law 19.5 The Function and Impact of the Yearbook 19.6 MYIL Gaps 19.7 The Yearbook’s Adaptation to Technological Change 19.8 The Future of the MYIL 19.9 Conclusions References 20 ‘There Was an Idealism that This Information is Useful’—The Origins and Evolution of the Netherlands Yearbook of International Law 20.1 Introduction 20.2 ‘There Was a Desire to Create Something New’—The Origins of the Yearbook 20.2.1 The ‘Young Turks’—Building a Cosmopolitan Collective 20.2.2 ‘A Whole Philosophy that Has Gotten Lost’—The Idealism of Systematisation 20.3 Managerial Change and Existential Hesitations 20.4 Conclusion References 21 The Palestine Yearbook of International Law: A Medium for a Principled International Law on Palestine and the Palestinian People 21.1 Introduction 21.2 History 21.3 Development 21.4 Function and Impact 21.5 The Future 21.6 Conclusions References 22 Polish Yearbook of International Law: A History of Constant Change and Adaptation 22.1 Introduction 22.2 Origins of the PYIL 22.3 From the Past to the Present 22.4 The PYIL’s Functions and Impact 22.5 The Future of the PYIL References 23 Anuario Español de Derecho Internacional: History, Functions and Future 23.1 History and Function 23.2 Internal Organization 23.3 Recent Developments and Manuscript Management 23.4 Visibility and Impact 23.5 Some Final Remarks About the Future and New Goals References Part IIIDutch Practice 24 Fundamental Rights in Digital Welfare States: The Case of SyRI in the Netherlands 24.1 Introduction 24.2 Development of SyRI and Its Characteristics 24.2.1 Concerns in the Drafting Stage of the Decision on SyRI 24.2.2 SyRI in Operation 24.2.3 Context of Court Case 24.3 Respect for Private Life and Protection of Personal Data 24.3.1 Necessity, Proportionality and Transparency 24.3.2 Does SyRI Make (Automated) Decisions? 24.4 The Right to a Fair Trial 24.5 Court Ruling: SyRI Violates Human Rights 24.6 Outlook on Fundamental Rights in Digital Welfare States References 25 The Continuing Saga of State Responsibility for the Conduct of Peacekeeping Forces: Recent Practice of Dutch and Belgian Courts 25.1 Introduction 25.2 Background 25.2.1 Mothers of Srebrenica and Others 25.2.2 Mukeshimana and Others 25.3 The Eternal Question: Attribution of Conduct in Peacekeeping Operations 25.3.1 Attribution of Conduct in Periods of Transition and Withdrawal 25.3.2 Persisting Meanderings on the Applicable Test for Attributing Conduct of Peacekeeping Forces 25.3.3 Unresolved Issues on the Attribution of Omissions 25.4 Further Exploring the Avenue of Shared Responsibility 25.4.1 Multiple Attribution of Conduct 25.4.2 The Obligation of Reparation in Situations of Multiple Causes 25.5 Conclusions References 26 The Enemy of My Enemy: Dutch Non-lethal Assistance for ‘Moderate’ Syrian Rebels and the Multilevel Violation of International Law 26.1 Introduction: Blowing the Lid off the Dutch Non-lethal Assistance Program 26.2 Caught Between a Rock and a Hard Place: Support for the ‘Moderate’ Opposition 26.2.1 Facts and Context 26.2.2 Jousting by the Dutch Political and Legal Elite 26.3 Questions of Legality 26.3.1 Aiding Rebels Aiming to Overthrow a De Jure Government: A Prohibited Intervention, Use of Force, or Act of Aggression? 26.3.2 Facilitating Freedom Fighters’ Faux Pas: (In)direct State Responsibility? 26.4 The Legal Framework in Action 26.4.1 Non-lethal Assistance: What’s in a Name? 26.4.2 Assistance to Whom? Moderate Rebels Versus Extremist and Terrorist Groups 26.4.3 Objectives and Oversight of the NLA Program 26.5 Epilogue References Table of Cases INTERNATIONAL NATIONAL Index This volume of the 'Netherlands Yearbook of International Law' (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century. The editors decided not to let this moment go by unnoticed, but to devote this year's edition to an analysis of the phenomenon of yearbooks in international law. 0Once the decision was made that this would be the subject of this year's NYIL, the editors asked themselves a number of questions. For instance: Not many academic disciplines have yearbooks, so what is the reason we do? What is the added value of having a yearbook alongside the abundance of international law journals, regular monographs and edited volumes that are published on a yearly basis? Does the existence of yearbooks tell us something about who we are, or who we think we are, or what we have to contribute to the world? These questions will be addressed both in a general and in specific sense, whereby a number of yearbooks published all over the world will be looked at in further detail.0The 'Netherlands Yearbook of International Law' was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law