In this book and elsewhere Dutch courts are portrayed as little short of barbaric for rejecting direct applicability of the human right to food. In this contribution I want to revisit case law asking the question if the rejection of direct applicability of the right to food implies that in the Netherlands hungry people are actually being let down by the courts.
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This book introduces law in the context of international business. The basics of law are explored using a clear comparative methodology. International and regional economic institutions are discussed, next to the fundaments of private law. These include contract law, liability law, labour law, company law, privacy law, intellectual property law and international private law. The book goes beyond the usual focus on Western legal systems and uses examples from all over the world to provide students with comprehensive knowledge of business law. It is set up rather broadly, so that it can be used by teachers throughout their entire curriculum. Each chapter ends with a clearsummary. With its colourful cases, this book is accessible and fun to read.
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International Food Law and Policy is the first interdisciplinary piece of academic literature of its kind with a comprehensive, reader-friendly approach to teaching the major aspects of food regulation, law, policy, food safety and environmental sustainability in a global context. The sections are grouped by continents and focus on a range of cross-disciplinary subjects, such as public health, international food trade, the right to food, intellectual property and global regulatory aspects of food production. With its systematic approach, this book will be a valuable resource both for professionals working in food regulation and anyone interested in the subject. It provides a solid foundation for courses and master’s programs in environmental management, food law, policy and regulation, and sustainable development around the world.
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The main hypothesis underlying this article is that although arbitrators are not formally part of national justice systems, they have dealt with questions of EU fundamental rights and the European rule of law standards for quite some time, at least formally since the landmark CJEU judgment in Eco Swiss in 1999. In fact, in all forms of arbitration, be it national or international, taking place in or across (Member) States daily and not necessarily concerning the application by arbitrators of EU law stricto sensu, arbitrators can be seen as guardians of many crucial procedural guarantees that increase parties’ access to justice and advance the European rule of law, or so we wish to argue. This article is an exploratory piece. That is, it combines the format of the state-of-the-art review with the format of conference proceedings through which we present the main activities of the DG Justice TRIIAL project concerning arbitration. Our main goal is three-fold: (1) to advance the discussion on the relationship between the European rule of law and arbitration, (2) to present the main findings stemming from research and training activities within the TRIIAL training workshops on arbitration, and (3) to formulate future research and practical questions on the topic at hand.
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The principles of international humanitarian law (IHL) have evoked considerable debate in the practice of humanitarian support, particularly in terms of emerging tensions with sovereign (national) law. Drawing on organization studies, we examine the emergent strategies aimed at resolving the ambiguous legal context in which humanitarian support operations in a conflict context are embedded. Our analysis of two missions revealed two types of emergent strategies, namely network and negotiation strategies, differentiated by particular contextual dimensions. We extend the humanitarian law debate by showing the strategic interplay between the operational humanitarian context and international humanitarian principles, thereby connecting the fields of international law and organization science.
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The American company Amazon has made headlines several times for monitoring its workers in warehouses across Europe and beyond.1 What is new is that a national data protection authority has recently issued a substantial fine of €32 million to the e-commerce giant for breaching several provisions of the General Data Protection Regulation (gdpr) with its surveillance practices. On 27 December 2023, the Commission nationale de l’informatique et des libertés (cnil)—the French Data Protection Authority—determined that Amazon France Logistique infringed on, among others, Articles 6(1)(f) (principle of lawfulness) and 5(1)(c) (data minimization) gdpr by processing some of workers’ data collected by handheld scanner in the distribution centers of Lauwin-Planque and Montélimar.2 Scanners enable employees to perform direct tasks such as picking and scanning items while continuously collecting data on quality of work, productivity, and periods of inactivity.3 According to the company, this data processing is necessary for various purposes, including quality and safety in warehouse management, employee coaching and performance evaluation, and work planning.4 The cnil’s decision centers on data protection law, but its implications reach far beyond into workers’ fundamental right to health and safety at work. As noted in legal literature and policy documents, digital surveillance practices can have a significant impact on workers’ mental health and overall well-being.5 This commentary examines the cnil’s decision through the lens of European occupational health and safety (EU ohs). Its scope is limited to how the French authority has interpreted the data protection principle of lawfulness taking into account the impact of some of Amazon’s monitoring practices on workers’ fundamental right to health and safety.
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Snelle technologische ontwikkelingen bieden kansen voor de maritieme sector. Zij maken de scheepvaart efficiënter, veiliger en schoner. De techniek heeft regelgeving en professionals nodig die ook klaar zijn voor de toekomst. Het lectoraat Maritime Law voert praktijkgericht onderzoek uit op de scheidslijn van recht en (maritieme) techniek samen met studenten, docenten, het bedrijfsleven en kennisinstellingen.
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Objectives: To cross-validate the existing peak rate of oxygen consumption (VO2peak) prediction equations in Dutch law enforcement officers and to determine whether these prediction equations can be used to predict VO2peak for groups and in a single individual. A further objective was to report normative absolute and relative VO2peak values of a sample of law enforcement officers in the Netherlands. Material and Methods: The peak rate of oxygen consumption (ml×kg–1×min–1) was measured using a maximal incremental bicycle test in 1530 subjects, including 1068 male and 461 female police officers. Validity of the prediction equations for groups was assessed by comparing predicted VO2peak with measured VO2peak using paired t-tests. For individual differences limits of agreement (LoA) were calculated. Equations were considered valid for individuals when the difference between measured and predicted VO2peak did not exceed ±1 metabolic equivalent (MET) in 95% of individuals. Results: None of the equations met the validity criterion of 95% of individuals having ±1 MET difference or less than the measured value. Limits of agreement (LoAs) were large in all predictions. At the individual level, none of the equations were valid predictors of VO2peak (ml×kg–1×min–1). Normative values for Dutch law enforcement officers were presented. Conclusions: Substantial differences between measured and predicted VO2peak (ml×kg–1×min–1) were found. Most tested equations were invalid predictors of VO2peak at group level and all were invalid at individual levels.
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This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
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In this thesis several studies are presented that have targeted decision making about case management plans in probation. In a case management plan probation officers describe the goals and interventions that should help offenders stop reoffending, and the specific measures necessary to reduce acute risks of recidivism and harm. Such a plan is embedded in a judicial framework, a sanction or advice about the sanction in which these interventions and measures should be executed. The topic of this thesis is the use of structured decision support, and the question is if this can improve decision making about case management plans in probation and subsequently improve the effectiveness of offender supervision. In this chapter we first sketch why structured decision making was introduced in the Dutch probation services. Next we describe the instrument for risk and needs assessment as well as the procedure to develop case management plans that are used by the Dutch probation services and that are investigated in this thesis. Then we describe the setting of the studies and the research questions, and we conclude with an overview of this thesis.
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