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Asser Today / Vol. 5 / Issue no. 4 / June – July 2014
▪ Is Sport Playing by the Rule of Law? – Successful Summer Programme delivered ▪ CLEER Conference: Using Human Security as a legal framework to analyse the Common European Asylum System, 4th July ▪ Opening of the International Institute for Justice and the Rule of Law (IIJ) in Valletta, Malta ▪ Asser researchers building capacity amongst advisors to the Supreme Court of Albania ▪ CBRN CoE study visit to The Hague: Presentation on international law addressing the non- proliferation of CBRN materials and technology ▪ Through the eyes of the participant: Washington College of Law Summer Programme 2014 ▪ Benjamin Ferencz at Asser on 2. September-SCL series ▪ Blurred nationalities: who gets to play for whom at the 2014 FIFA World Cup? – A Lunch & Learn presented by Yann Hafner ▪ 2nd CLEER Summer School on the Law of EU External Relations ▪ Preparatory Talk for TEIMUN ▪ News from T.M.C. Asser Press ▪ Media & Outreach ▪ Calendar of Trainings & Events ▪ Announcements
FIFA Presidential Candidate Jérôme Champagne, keynote speaker at the recent Summer programme on International Sports Law - Is Sport Playing by the Rule of Law?
In the week 30 June to 4 July 2014, The Asser International Sports law Centre successfully delivered, for the second time, its Summer Programme on International Sports Law. Some 20 participants (including students, academics, lawyers, policy officers and federation and sports organisation representatives) from around the world convened for a week of lectures, workshops debates and a moot court. The intensive and broad programme covered issues relating to doping, match-fixing, broadcasting rights, sports arbitration, EU free movement rights of athletes, social dialogue in sport, tax law and sport and the good governance of sport. A number of speakers were seasoned academics, although we carefully balanced the line-up by including a trade unionist, an EU Commission official, a Sports Governing Bodies representative, a Court of Arbitration for Sport (CAS) arbitrator and a range of practising sports lawyers. Keynote speaker, Mr. Champagne, an experienced diplomat and ex-FIFA official, outlined his views for FIFA’s future, offering a passionate plea for a better redistribution of football’s large financial resources and a democratisation of its “Government”. His presence provided participants with a wonderful opportunity to engage directly with someone closely involved in the governance of the beautiful game. Many questions, and criticisms, were raised and Champagne was very willing to give his, at times controversial, point of view on most of them. One of the programme’s aims was to bring FIFA, and more widely, the world of Sports Governing Bodies to the participants. This aim has certainly been achieved.
Keynote speaker Jérôme Champagne, FIFA Presidential Candidate
Participants enjoyed a packed five days of interactive lectures and sessions and participated in a mock arbitration trial in front of a CAS panel (headed by a CAS arbitrator). Here they had the opportunity to debate the (good and/or bad) state of sport’s governance with stakeholders, and learn directly from the pros how match-fixing is combatted in real life. They also had the chance to discover The Hague and join a reception with the city’s diplomatic circle.
It may be concluded that this annual Summer Programme is not solely about grasping the legal subtleties of International Sports Law; it also aims at fleshing out this legal reality with practical insights.
If you wish to find out more about the Summer Programme or future events organised by the ASSER International Sports Law Centre we encourage you to visit our website, subscribe to our newsletter or follow us on twitter. Programme Participants 2014
For the full article visit the Diplomat Magazine.
CLEER Conference: Using Human Security as a legal framework to analyse the Common European Asylum System, 4th July, The Hague
On the 4th of July, 2014, the Centre for the Law of EU External Relations (CLEER), convened the second conference relating to its research project “Human Security: a new framework for enhanced human rights in the EU’s foreign security and migration policies”. This high level conference went beyond the traditional approaches to refugee protection in the Common European Asylum System (CEAS) and triggered an inter-disciplinary debate on the prospects of incorporating “Human Security” in the application of the EU asylum acquis and border control policies.
The conference convened expert practitioners and academics in the field whose unique, individual contributions took stock of recent developments in both EU asylum legislation, jurisprudence and practice, whilst outlining the conceptual benefits and challenges of a Human Security approach to asylum protection. In this manner, the following reflections were of particular interest: the added value of Human Security, its ability to enhance Human Rights and its normative association with the right to dignity (Claudio Matera); the development of the CEAS and recommendations for the future in light of Fundamental Rights and Human Security concerns (Myrthe Wijnkoop); operational aspects of EU external border management in the context of Human Security notions (Jorrit Rijpma); the risks and opportunities of a Human Security reading of the “Dublin system” (Violeta Moreno-Lax); the role of EASO in implementing the asylum acquis and the potential role of Human Security in the functions of EASO (Robert Visser); Human Rights and Human Security tensions in the EU reception conditions directives (Lieneke Slingenberg); Humanitarian operations in the Strait of Sicily (Paolo Cuttitta); and an assessment of Member States and EU initiatives in the management of asylum seekers in the South Mediterranean (Paula Garcia Andrade). Opening of the International Institute for Justice and the Rule of Law (IIJ) in Valletta, Malta
The inaugural ceremony for the opening of The International Institute for Justice and Rule of Law Foundation (IIJ) was held on June 18, 2014 at the Ministry of Foreign Affairs in Valetta, Malta. Valletta will provide the permanent home to this new institute which is an initiative of the Global Counterterrorism Forum (GCTF).
At the June 2012 Ministerial meeting of the GCTF, participating ministers and senior officials announced strong support for the establishment of the IIJ as a key platform to deliver sustainable justice sector training on the implementation of rule of law-based good practices for effective counterterrorism practice in the criminal justice sector being developed by the GCTF, and other international and regional fora to counter terrorism and related transitional criminal activity.
The IIJ and has been established by a twelve founding member nations, (Algeria, France, Italy, Jordan, Malta, Morocco, the Netherlands, Nigeria, Tunisia, Turkey, United Kingdom, and the United States), the European Union, the United Nations, and other supporting partners including the International Centre for Counterterrorism The Hague (ICCT) . During the inaugural ceremony, the Valletta Declaration was signed by all participating parties.
Asser and ICCT have thus far contributed to the building of the curriculum of the IIJ and will cooperate closely with the institute in the future.
The IIJ will provide rule of law-based training to lawmakers, police, prosecutors, judges, corrections officials, and other justice sector stakeholders on counterterrorism and, where appropriate, related transnational criminal activities. More broadly, it will work to strengthen criminal justice systems and build regional judicial, police, and other criminal justice practitioner networks to address terrorism and related threats in a rule of law framework. The IIJ will initially focus on countries in North, West, and East Africa, and the Middle East, paying particular attention to supporting countries in transition. Asser researchers building capacity amongst advisors to the Supreme Court of Albania
In the period 16- 18 June,2014, Dr Vesna Lazic and Dr Tamara Takács, both senior researcher at the T.M.C Asser Instituut, returned to Tirana, Albania to deliver the final part of a three staged programme to some 20 legal advisers of the Supreme Court of Albania. The programme, requested by the Supreme Court involves ‘Raising capacities of the professionals of Supreme Court of Albania for better administration of justice’. The programmed was commissioned by NUFFIC.
During this last visit to Tirana, the project team met with H.E. Martin de la Beij, Ambassador of the Netherlands to Albania.
CBRN CoE study visit to The Hague: Presentation on international law addressing the non- proliferation of CBRN materials and technology
A group of approximately 50 government officials and experts from Southeast Asia, the Middle East, Africa and Eastern Europe visited The Hague in the week of 16 June 2014. The study visit was part of the CBRN Centres of Excellence project implemented by the Netherlands National Coordinator for Counterterrorism and Security (NCTV), with the aim of building regional and national capacity in mitigating chemical, biological, radiological and nuclear risks, threats and hazards. For Friday’s study programme at the Hague Security Delta (HSD), the T.M.C. Asser Instituut covered the international legal framework with Asser’s researcher Mr. Onur Güven presenting on international law, addressing the non-proliferation of CBRN materials and technology.
Through the eyes of the participant: Washington College of Law Summer Programme 2014 based on a series of interviews with participants
Quote: “If you are a student this can kick-start your career. For practitioners and academics this is a unique chance to help your career and to enrich yourself with new knowledge, as well as to systematize your previous knowledge.” (Alex)
The 8th annual Washington College of Law Summer Programme was, once again, a month filled with lectures and study visits, designed to make students familiar with the broad spectrum of themes in International Criminal Law and International Legal Approaches to Terrorism. This participant’s bold words hint at diverse types of impulses, insights and experiences that participants set out to find. Seeking new perspectives, challenging one’s domestic policies through a foreign perspective and attaining a better overview to decide on a specialisation - reasons to attend lectures at the T.M.C. Asser Instituut between the 2nd and the 25th of June were manifold.
Students from the Washington College Law School and external applicants explored the subject matter, guided by lecturers from backgrounds as varied as the students’ motivations to enrol the course. Approaching the topics from the perspectives of renowned academics, as well as practitioners from different countries, revealed the different components and conflicting elements of the law under scrutiny. “Curious to encounter and discuss different thoughts”, participants embraced what they described as lying at the heart of international law: “understanding and debating other opinions” (Arbion). Programme Participants 2014
The theme of diversity further characterised the programme’s daily agenda. Morning lectures were matched by a selection of study visits in the afternoons. The taught material took form in the court rooms of the Dutch Court of Arbitration, the ICTY and ICC and the institutes’ work became graspable at the OPCW and the ICJ.
The course challenged the students to view domestic policies through a foreign perspective, beyond the scope of their regular coursework and invited them to delve into the reading material as speakers added their personal insights to the cases and theory.
Packed to leave The Hague after a month, the participants’ luggage was not just filled with more knowledge, valuable contacts and memories, but for some also a newly-found appreciation for the Dutch culture.
Overview of the last three SCL Series delivered before the Summer recess
The ICC in the Chinese Context: Perceptions and Prospects
On 18 June, 2014, Asser hosted Michael Liu, Civil Party Lawyer in the Extraordinary Chambers in the Courts of Cambodia and founder of the Chinese Initiative on International Criminal Justice (CIICJ), an independent NGO operating in China and mandated to promote a better understanding of international law. In the first part of his lecture entitled “The ICC in the Chinese Context: Perceptions and Prospects”, Liu shared the perceptions of the ICC and international law in China. He noted that he tries to increase awareness of the ICC and its mission in China, but that there are both political and cultural considerations for not participating in the ICC, e.g., fear of prosecution of head of state. In the last part of the lecture, Liu discussed his view on the position of China towards the ICC in the future, and concluded by noting that China is becoming increasingly interested in the work of the ICC. L-R: Alix Vuillemin, CICC and Michael Liu, CIICJ
Where next for the ICC?
On 25 June 2014, three panel members addressed the question “Where next for the ICC?”. The panel included Paulina Vega of the Mexican Commission for the Defense and Promotion of Human Rights, Andreas Schueller of the European Center for Constitutional and Human Rights and Program Director for International Crimes and Accountability, and finally Olexandra Matviychuk, Chairwoman of the Board of the Center for Civil Liberties, Ukraine.
In the first part of the lecture, Vega particularly discussed the situation in Colombia that has been under preliminary examination by the ICC prosecutor since June 2004 because of the serious crimes committed against civilians by parties involved in Colombia’s internal armed conflict. In the second part of the lecture, Schueller focused on the ICC’s re-opened preliminary examination into international crimes allegedly committed by British forces in Iraq. He noted that since UK prosecutors do not conduct proper investigations into abuses that mount to higher levels within the command chain, the ICC has to fill the gap, thereby playing a role in the international criminal justice system. Moreover, Schueller argued that the ICC could react better to serious allegations of international crimes by opening examinations at an earlier stage. The last speaker was Matviychuk, who discussed the situation in Ukraine that is under preliminary examination by the ICC prosecutor since April this year.
The key outcomes of the Global Summit to End Sexual Violence in Conflict
On 9 July, 2014 the key outcomes of the Global Summit to End Sexual Violence in Conflict that was held in London from 10 to 13 June 2014, were addressed and discussed. Interesting presentations were given by Shehzad Charania, Legal Advisor and Head of the International Law Team at the British Embassy in The Hague, Brigid Inder, Executive Director of Women’s Initiatives for Gender Justice, and Stephanie Barbour, Head of Office Amnesty International Centre for International Justice, who all attended the Global Summit. Charania and Barbour particularly addressed the objectives that were to be achieved and the final outcomes of the Global Summit. Inder mainly focused on the way forward. She noted that it is important to foster greater cooperation and understanding at the international level, and to have more campaigns on preventing sexual violence in conflict at the national level.
Sneak Preview! “Illegal armed force as a Crime against Humanity”
Mr. Benjamin B. Ferencz will speak at the Asser Instituut on 2 September, 2014
The next season of SCL lectures will commence on 2 September, 2014. We are delighted and honoured that this series will be kicked off by an extraordinary speaker, namely Benjamin Ferencz - the only surviving Nuremberg war crimes Benjamin Ferencz prosecutor, who served as a combat soldier in World War Two and has devoted his life to trying to deter illegal war by holding responsible leaders to account in national or international criminal courts. His lecture, entitled “Illegal armed force as a Crime against Humanity”, will be held on 2 September at the T.M.C. Asser Instituut at 19:00.
Lunch & Learn series - Blurred nationalities: who gets to play for whom at the 2014 FIFA World Cup? –presented by Yann Hafner
On 3 June 2014, the ASSER International Sports Law Centre welcomed PhD student Yann Hafner for an interesting discussion on national team representation. Yann, who is also a Research & Teaching Assistant at the University of Neuchatel, is writing his thesis entitled “The concept of sporting nationality: Sources, Current situation and Prospects” .
In his lecture, Yann walked the audience through the salient Yann Hafner legal issues arising under the current FIFA Regulations Governing the Application of the Statutes and highlighted recent controversies surrounding the eligibility of certain players that participated in this year’s World Cup. The presentation addressed, among other issues, the use of nationality as an eligibility criterion in football, the regime of the election of a representative team and the process to change national affiliation.
The ASSER International Sports Law Centre organises Lunch & Learn sessions on a regular basis. For more information about upcoming events please visit our website or contact Oskar van Maren.
2nd CLEER Summer School on the Law of EU External Relations
CLEER and the T.M.C. Asser Instituut, together with UM Campus Brussels, organised their second intensive, one-week summer school on EU External Relations Law which took place from 23-27 June 2014 in the Belgian capital of Brussels. The summer school was hosted by Maastricht University’s UM Campus Brussels and drew over twenty participants from a range of political science, law and international relations backgrounds, with an interest in the field of EU external relations. The aim of the summer school was to provide participants with an extensive knowledge of the core institutions and instruments forming the foundations of the EU’s external action, as well as a deep understanding of legal and policy issues in a number of key fields.
The programme comprised interactive lectures delivered by renowned academic experts and practitioners, workshops and study visits. A broad range of topics were covered, from the building blocks of EU CFSP/CSDP competences and the Treaty of Lisbon, to Trade, Enlargement, Development, Environment and the role of the European External Action Service (EEAS). Current crises and foreign policy issues including Ukraine, relations with Russia in the context of energy security and the EU’s response to irregular migration and human trafficking were discussed, offering crucial insight into the pertinence of EU external relations law in addressing ongoing challenges.
The summer school further offered participants a choice of two parallel sessions examining, on the one hand, EU external relations from an institutional perspective, and on the other, global and regional policy challenges. These sessions were followed by parallel case study sessions examining institutional & policy aspects of the TTIP and the management of the EU’s external borders, which offered participants the opportunity of working more closely in smaller groups, addressing these issues interactively. A number of excursions to nearby EU institutions took place, to the Legal Services of the European Parliament, Directorate-General for Trade (DG Trade) and the EEAS, enabling the participants to glean first-hand experience of how theory is transformed into practice. The sessions prompted stimulating debate on EU external policy challenges and were followed by active question and answer segments.
Preparatory Talk for TEIMUN
This year’s TEIMUN (The European International Model United Nations) was organised at the Haganum Gymnasium in The Hague from 20-27 July, 2014. Students from all over the world gathered to jointly practice their academic skills, to expand their knowledge, to reach a common understanding, and to present their views on what contributes to developing and strengthening international peace and security, human rights and international development. The Asser Institute was invited to prepare the students participating in the meeting of the Model Security Council on mechanisms for international intervention. Asser researcher, Onur Güven provided a Preparatory Talk on the Collective Security System as established under the UN Charter. Mr. Güven provided an overview of: the main rules and principles governing the use of force, Chapter VII interventions not involving the use of force, discussions concerning anticipatory self-defence and the third pillar of the responsibility to protect, the roles and powers of the Security Council vis-à-vis the General Assembly, regional collective security organisations, the contextual implications of international interventions in view of case-law, the practice of the Security Council from the Korean War to the Syrian Civil War, and the potential impact of developments in science and technology on the collective security system. TEIMUN participants 2014
News from ASSER PRESS
SIRACUSA PRIZE
T.M.C. Asser Press is proud to announce that the SIRACUSA PRIZE 2014 has been granted to MARIANNE F.H. HIRSCH BALLIN for her monograph Anticipative Criminal Investigation. Theory and Counterterrorism Practice in the Netherlands and the United States, ISBN 978-90-6704-842-2, T.M.C. Asser Press 2012 Marianna F.H. Hirsch Ballin The SIRACUSA PRIZE, established in 2009 by The International Association of Penal Law (AIDP-IAPL) together with the International Institute of Higher Studies in Criminal Sciences (ISISC), is granted every 5 years for a monograph authored by a member of the AIDP-IAPL under the age of 35, which constitutes an original contribution of great scientific value in penal law.
Ten Brink Uitgevers
As of June 1, 2014, the stock, distribution, billing, accounting and customer service of our student text books, our Dutch-language books and a limited number of English-language books have been transferred to our new distributor Ten Brink Uitgevers in Meppel.
All activities for the journal Nederlands Internationaal Privaatrecht / NIPR online will continue to be carried out by Boom Distributiecentrum until 31 August 2014. As of September 1, 2014, these activities will also be transferred to Ten Brink Uitgevers.
Contact details are: Administratie Ten Brink Verzendhuis Address: Stationsweg 44a, 7941 HE Meppel, The Netherlands Telephone: +31(0)85-2736367 E-mail: [email protected]
Media & Outreach
The IHCL Platform has welcomed two new institutional members: Groningen University & the Netherlands Defence Academy. For more info about the platform see http://www.asser.nl/Default.aspx?site_id=9&level1=15461.
Christophe Paulussen - Published a new ICCT commentary, together with Dr. Laura van Waas: http://www.icct.nl/publications/icct-commentaries/uk-measures-rendering-terror-suspects- stateless-a-punishment-more-primitive-than-torture, 5 June 2014.
Christophe Paulussen - The ICCT paper on foreign fighters, which he co-authored in December 2013 was mentioned in other reports, such as: -CSS study -EURAD study -The Hague Centre for Strategic Studies, Strategic Monitor 2014 -Commentary Analytica Thinking Laboratory -Anton De Kom lecture Prof. Beatrice De Graaf
Christophe Paulussen – Participant in the expert meeting of the Global Counterterrorism Forum ‘Role of the Judiciary in Handling Counterterrorism and Other National Security Cases within a Rule of Law Framework’, Europol HQ, The Hague, 30 June-2 July 2014.
Christophe Paulussen - Speaker at the Annual Meeting of the journal Security and Human Rights, The Hague, 5 July 2014.
Christophe Paulussen - Speaker at the ICCT expert meeting organized in close cooperation with UNCTED: ‘Challenges Raised By the Use of Evidence Collected by the Military in Terrorism Related Cases Prosecuted before Civilian Jurisdictions’, The Hague, 10-11 July 2014.
Christophe Paulussen – Quoted in “Securing MH17 site a 'dangerous tightrope act': experts” by Nicolas Delaunay for Agence France-Presse, The Hague, 25/07/2014; among others cited in: -Global Post -Le Devoir
Ben Van Rompuy - In July 2014, Prof. Dr. Ben Van Rompuy joined the Advisory Board of the American Antitrust Institute, consisting of outstanding experts in the fields of antitrust law, economics, and business. The AAI is an independent and non-profit education, research, and advocacy organization based in Washington, D.C. Its mission is to increase the role of competition, assure that competition works in the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy. The AAI promotes the vigorous use of antitrust as a vital component of national and international competition policy.
Ben Van Rompuy – Presented a paper ““Biting the hand that feeds? EU state aid law and public support for sport” at the Sport & EU conference, Cologne, 26 June 2014.
Ben Van Rompuy – Speaker at the American Antitrust Institute’s 15th Annual Conference “The Inefficiencies of Efficiency”, Washington, D.C., 19 June 2014.
Ben Van Rompuy – Speaker at the Invitational Symposium “A Multidisciplinary Examination of Efficiency”, American Antitrust Institute, Washington D.C., 18 June 2014.
Ben Van Rompuy – Op-Ed article in De Financieele Tijd, “Nieuwe wet op kansspelen doet de maskers afvallen”, 21 July 2014.
Ben Van Rompuy – Interview on BNR Nieuwsradio regarding the new Dutch gambling law, 11 July 2014.
Ben Van Rompuy – Interview with De Volkskrant on the competition law complaint against the ISU, “Protectionisme ISU niet van deze tijd”, 26 June 2014.
Calendar of Trainings & Events
August 25 - 29 Advanced Summer Programme on Countering Terrorism in the Post 9/11 World Fee based (scholarships available!), open for registration
August 25 - 29 First Summer Programme on International and European Environmental Law Fee based, open for registration
September 1 - 5 Summer Programme on Disarmament & Non-Proliferation of Weapons of Mass Destruction Fee based (scholarships available!), open for registration
September 21 – 1 October MATRA PATROL - Alternative Dispute Resolution Open for registration
September 22 – 24 Follow-up workshop of the Matra South Programme - Supporting democratic transition in the Arab region Restricted application
October 19 - 29 MATRA PATROL - Decentralisation Open for registration
October 19 - 29 MATRA PATROL - European Procurement Open for registration
October 19 - 29 MATRA PATROL - Administration of Justice Open for registration
November 4 – 8 Inside International Justice Restricted application
December 3 Conference on ‘The Cyber Warfare Manual: A Detailed Assessment’ Fee based, open for registration Announcements
Dr. Aaron Matta, EU Law researcher, will leave the Asser Instituut on August 31, 2014. Aaron has worked with the Institute for just one year but, in this short space of time, he has participated in a myriad of Institute directed activities and contributed immensely to upholding the Asser flag of quality and expertise in all of its endeavours. Aaron has been a fine colleague who seamlessly integrated into the team with his professional approach to work and wonderful sense of humour. We will miss him. We wish him every success in his new position at the Hague Institute for Global Justice
Newsletter of the T.M.C. Asser Instituut
Editors: Ann O’ Brien Leonie Reese
The editors retain the privilege not to publish received copy.
The T.M.C. Asser Instituut is a distinctive, inter-university research Institute specialised in International and European law. 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. Its research covers the domains of public international law, private international law the law of the European Union and international and European sports law.
©2014 T.M.C. Asser Instituut | R.J. Schimmelpennincklaan 20-22, 2517 JN The Hague, the Netherlands
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