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- ANNEX I HIGHLY MIGRATORY SPECIES
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In this chapter, we focus on the role of supervisory authorities monitoring police and criminal justice authorities. This issue raises delicate questions, as the EU legislator was called upon to strike the right balance between diverse interests.
However, no one can deny either the importance of respecting fundamental rights and data protection rules, when collecting, storing, and exchanging personal data. The role of these supervisory authorities constitutes an essential tool to ensure that an appropriate balance is taken and implemented by national police and criminal justice authorities; hence the sensitivity and interest of addressing this issue.
After providing a birds-eye view of the EU data protection law in section II, we will briefly explain the basic role of supervisory authorities in section III. Section IV will focus on the requirements for independence of supervisory authorities. In section V, we will look at the competence of such authorities in the supervision of judges and prosecutors. Section VI analyses the powers of supervisory authorities in the criminal justice sector. Section VII provides some practical details on handling complaints and modes of cooperation of supervisory authori- ties.
Our concluding remarks are presented in section VIII. Rowena Rodrigues, Vagelis Papakonstantinou eds. Possibilities, Actors and Building Blocks in a reformed landscape. Kristel Beyens, Sonja Snacken eds. European Journal of Policing Studies.
While undertaking qualitative research, researchers often experience issues with an emotional or ethical charge. That backstage reality of the research process is not often discussed in public. In this article, we argue that ethical research inheres an important learning process. Research errors — in this article dilemmas - should be revealed to the academic world rather than swept under the carpet.
Researchers should be encouraged to describe and reflect on these dilemmas as it helps them to become more aware of what they are doing when they are in the thick of their research. Using this ethical reflexivity, our article examines real encountered ethical dilemmas in the field by a junior PhD researcher. In doing so, more methodological awareness was created and the research quality was increased.
We hope that our ethical reflexive exercise will inspire other researchers and contribute as such to the body of methodological knowledge. Casier Ineke, Snacken Sonja De doodstraf en de levenslange gevangenisstraf. Edmund Burke, leven en werk - Key words: Wat had Burke kunnen weten indien hij Rousseau had gelezen? Ten eerste is onafhankelijkheid de vrijheid van de natuurstaat voor Rousseau een objectief, maar geen eerste objectief: Wie niet bij de publieke zaak betrokken wenst te worden republicanisme , blijkt geen burger en evenmin een mens te zijn.
Ten tweede dat een te zeer op de participatieve kwaliteit van het volk gerichte interpretatie van Du Contrat Social uitmondt in een bagatelliserende boodschap, terwijl Rousseau in werkelijkheid concurrerende, aristocratische reflexen gestand doet: Dat is de alwetende wetgever, die past bij zijn opvatting van zichzelf als degene die Polen en Corsica een grondwet gaat schenken.
Ten derde deed Rousseau aanzienlijke concessies aan het verleden. Nullum Crimen 6 16 6: Colette Maarten Oogklepdenken. De Hert Paul, Frederik Dhondt eds. Bewogen door maatschappelijke ontwikkelingen: Liber amicorum Jef Van Bellingen. A Rethinking of Rousseau. Unpublished abstract 7 Jul For historically circumstantial reasons, however, the notion is also an ungraspable and contested one, mainly so on account of its being interpreted from certain points of view which hinder access to its naked reality.
Whilst in recent years changing accents have received wide support from a whole current of American and European thought e. This lacuna should be considered carefully, if only because it has been repeated so often and, as a result of this, interesting aspects of sovereignty have not been dealt with.
The inspiration I take from Rousseau should be understood in light of the question of what lends democratic justification to political society, and serves two purposes: In conclusion, reading Rousseau as I intend to do will give pause to tie the first and second part of this presentation into a concept of citizenship proper that —as I will show— has continued to gain ground unabated ever since its formulation. Colette Maarten Recensie In ogenschouw: Unpublished paper 15 Sep Prisoners and their perspective on prison life and on the effects and pains of imprisonment have been the subjects of academic studies for a long time.
Much less is known about how young offenders experience and deal with detention. The right to complain can be an important instrument in how youngsters cope with and experience detention. In order to understand the experiences of youngsters in detention our methodological design was three-fold.
Different qualitative methods of empirical inquiry were used: The aim of this contribution is to present some preliminary findings. The right to complain; Juvenile institutions; Juvenile delinquency De Hert Paul Burkes common law- benadering van vrijheid en mensenrechten.
Erfgoed zonder bijzondere status vatbaar voor belangenafweging. Burke is politicus, jurist en filosoof. In deze bijdrage gebruik ik Burke om debatten over de grondslagen van het constitutionalisme en de mensenrechten te verduidelijken. We horen het zo uit de mond van vele staatslui rollen, zeker wanneer het gaat om in belangrijke kwesties compromissen te sluiten en haalbare oplossingen te zoeken.
Na een korte duiding van Burke als vroege criticus van de ongerijmdheden van de Franse revolutie, volgt een situering van Burke als common law constitutionalist in de Britse traditie. Grondwetten groeien organisch en bevatten liefst geen al te abstracte regels die geweld aandoen aan de gegroeide praktijken en consensus in een gegeven samenleving.
Politieke wijsheid moet bij dergelijke afwijzingen primeren op regelvastheid. Ook in het mensenrechtenrecht is de geest van Burke niet veraf. Fundamental rights that might as well be struck from the Constitution. Brkan Maja, Evangelia Psychogiopoulou eds. Edward Elgar Publishing Ltd.
Through critical analysis of case law in Belgium courts, this chapter reveals the significant role courts play in the protection of privacy and personal data within the new technological environment. It addresses the pressing question from a public who are increasingly aware of their privacy rights in a world of continual technological advances — namely, what can I do if my data privacy rights are breached? European Data Protection Law Review 2 3 2: After having reflected about technologies and the role of non-political guidance in EU data protection law in previous editorials, I now turn to the thorny question about the proper place of data protection law.
After having managed lowered possible expectations about the essence of data protection law, I turn to a first approach to understanding data protection law as a bundle of principles. Principles are powerful legal topoi that create seriousness about legal domains. They are defended by the best scholars and much appreciated by courts in their role as judicial lawmakers.
They look God-given, but are man-made. Unable to fix their number and precise nature, I will challenge them by inflating their number. Co-existing with Technologies in Europe after Breyer. European Data Protection Law Review 1 3 1: Detailed accounts of individual technologies allow better assessments of pos- sible ethical dilemmas created by these technologies. Although authors disagree about the degree of moral agency of artefacts or things, most agree that these are more than simple passive instruments.
Things influence us and our perceptions about good and bad. Things act and interact. They mediate and impact on our moral understandings. Latour, in particular, criticises every ideal of knowledge and mastery in this area. Technologies simply escape mastery. Morality and technology interact, often in unpredictable ways, and there is a need to conceive another history, another reassembly of morality and technology. How Latour conceives this reassembly in practice is not clear. A process with open- ness for predictable and unpredictable outcomes could bring about the necessary dig- nity of both morality and technology, whereby we renounce the idea of putting the first on the side of means and the second on the side of ends.
Latour is no believer in contemporary mantras such as more transparency, or more accountability, assessment and evaluation of options. Wrongly applied, these approaches would lead us again to the impossible ideal of mastery and knowledge of things. Transparency, accountability and participation as principles for global criminal law.
Chrisje Brants, Susanne Karstedt eds. Transitional Justice and its public spheres: The aim of this chapter is to look for analytical tools at an abstract level to help further the debate on the many legal and practical issues besetting the public spheres of transitional and international criminal justice.
To that end, I propose a global criminal law perspective, encompass- ing both transitional justice and international criminal law and transnational criminal law, and inquire into the principles that could guide us. Can we simply apply domestic principles of criminal law and criminal justice at the transstate level?
Admittedly, a theoretical framework developed for sovereign states can be adapted to an interstate context. Yet, the inherent weaknesses of the modern principled approach to criminal law remain—for instance, the lack of an empirical basis, and of respect in practice, for the use of the harm criterion or the ultima ratio principle. The result is a certain cynicism regarding the actual capacity of modern criminal law principles to steer legislative and judicial developments.
I suggest looking elsewhere when discussing how to govern and imple- ment global criminal justice and advocate a procedural approach, relying on two theoretical frameworks.
The first was proposed by Brants, Mevis and Prakken in , and looks to procedurally oriented principles to address criminal justice issues, in particular transparency, accountability and participation.
The second is also a call for a procedural approach but launched in the context of the Global Administrative Law project and the debate on global constitutionalism. Can these two approaches be connected? What are their limits and possibilities for global criminal justice and their application for global criminal law? Finally, how do they interrelate and could they provide a way forward in terms of a methodology to judge their application in each and every single case, given the many insights on this to be found in governance literature?
Jef Van Bellingen doceerde decennialang politieke filosofie en rechtsfilosofie aan de Vrije Universiteit Brussel. Hij vormde generaties filosofen en juristen in inspirerende colleges. Zijn brede wetenschappelijke belangstelling reikt van de Duitse jurist Carl Schmitt, over wie hij promoveerde onder leiding van Maurice Weyembergh, tot de bekommernissen en kansen van de multiculturele samenleving.
Bewogen door maatschappelijke ontwikkelingen. Meerdere generaties studenten aan deze instelling hebben onderwijs gevolgd bij Jef Jozef Van Bellingen over rechtsfilosofie, religiekritiek, antieke en middeleeuwse wijsbegeerte.
Op 1 oktober vertrekt Jef Van Bellingen. Tijd voor een gesprek over zijn jeugd en studiejaren, over de geschiedenis van filosofie op de Vrije Universiteit Brussel zoals hij die heeft meegemaakt, over rechtenopleidingen en dierbare denkers John Rawls, Rousseau, Carl Schmitt.
The results of a study on national drug trafficking laws and their application in the Member States of the European Union are presented in this report. It is based on an analysis of the national laws and on the opinions of legal practitioners — judges, prosecutors and defence lawyers — from 26 countries.
Article 15 Delimitation of the territorial sea between States with opposite or adjacent coasts Where the coasts of two States are opposite or adjacent to each other, neither of the two States is entitled, failing agreement between them to the contrary, to extend its territorial sea beyond the median line every point of which is equidistant from the nearest points on the baselines from which the breadth of the territorial seas of each of the two States is measured.
The above provision does not apply, however, where it is necessary by reason of historic title or other special circumstances to delimit the territorial seas of the two States in a way which is at variance therewith. Article 16 Charts and lists of geographical co-ordinates 1. The baselines for measuring the breadth of the territorial sea determined in accordance with articles 7, 9 and 10, or the limits derived therefrom, and the lines of delimitation drawn in accordance with articles 12 and 15 shall be shown on charts of a scale or scales adequate for ascertaining their position.
Alternatively, a list of geographical co-ordinates of points, specifying the geodetic datum, may be substituted. The coastal State shall give due publicity to such charts or lists of geographical co-ordinates and shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.
Article 18 Meaning of passage 1. Passage means navigation through the territorial sea for the purpose of: Passage shall be continuous and expeditious. However, passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary navigation or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.
Article 19 Meaning of innocent passage 1. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law. Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities: Article 20 Submarines and other underwater vehicles In the territorial sea, submarines and other underwater vehicles are required to navigate on the surface and to show their flag.
Article 21 Laws and regulations of the coastal State relating to innocent passage 1. The coastal State may adopt laws and regulations, in conformity with the provisions of this Convention and other rules of international law, relating to innocent passage through the territorial sea, in respect of all or any of the following: Such laws and regulations shall not apply to the design, construction, manning or equipment of foreign ships unless they are giving effect to generally accepted international rules or standards.
The coastal State shall give due publicity to all such laws and regulations. Foreign ships exercising the right of innocent passage through the territorial sea shall comply with all such laws and regulations and all generally accepted international regulations relating to the prevention of collisions at sea.
Article 22 Sea lanes and traffic separation schemes in the territorial sea 1. The coastal State may, where necessary having regard to the safety of navigation, require foreign ships exercising the right of innocent passage through its territorial sea to use such sea lanes and traffic separation schemes as it may designate or prescribe for the regulation of the passage of ships.
In particular, tankers, nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances or materials may be required to confine their passage to such sea lanes. In the designation of sea lanes and the prescription of traffic separation schemes under this article, the coastal State shall take into account: The coastal State shall clearly indicate such sea lanes and traffic separation schemes on charts to which due publicity shall be given.
Article 23 Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances Foreign nuclear-powered ships and ships carrying nuclear or other inherently dangerous or noxious substances shall, when exercising the right of innocent passage through the territorial sea, carry documents and observe special precautionary measures established for such ships by international agreements. Article 24 Duties of the coastal State 1. The coastal State shall not hamper the innocent passage of foreign ships through the territorial sea except in accordance with this Convention.
In particular, in the application of this Convention or of any laws or regulations adopted in conformity with this Convention, the coastal State shall not: The coastal State shall give appropriate publicity to any danger to navigation, of which it has knowledge, within its territorial sea.
Article 25 Rights of protection of the coastal State 1. The coastal State may take the necessary steps in its territorial sea to prevent passage which is not innocent.
In the case of ships proceeding to internal waters or a call at a port facility outside internal waters, the coastal State also has the right to take the necessary steps to prevent any breach of the conditions to which admission of those ships to internal waters or such a call is subject.
The coastal State may, without discrimination in form or in fact among foreign ships, suspend temporarily in specified areas of its territorial sea the innocent passage of foreign ships if such suspension is essential for the protection of its security, including weapons exercises. Such suspension shall take effect only after having been duly published. Article 26 Charges which may be levied upon foreign ships 1. No charge may be levied upon foreign ships by reason only of their passage through the territorial sea.
Charges may be levied upon a foreign ship passing through the territorial sea as payment only for specific services rendered to the ship. These charges shall be levied without discrimination.
The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases: The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters.
In cases of emergency this notification may be communicated while the measures are being taken. In considering whether or in what manner an arrest should be made, the local authorities shall have due regard to the interests of navigation. Except as provided in Part XII or with respect to violations of laws and regulations adopted in accordance with Part V, the coastal State may not take any steps on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed before the ship entered the territorial sea, if the ship, proceeding from a foreign port, is only passing through the territorial sea without entering internal waters.
Article 28 Civil jurisdiction in relation to foreign ships 1. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings, save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State.
Paragraph 2 is without prejudice to the right of the coastal State, in accordance with its laws, to levy execution against or to arrest, for the purpose of any civil proceedings, a foreign ship lying in the territorial sea, or passing through the territorial sea after leaving internal waters.
Article 30 Non-compliance by warships with the laws and regulations of the coastal State If any warship does not comply with the laws and regulations of the coastal State concerning passage through the territorial sea and disregards any request for compliance therewith which is made to it, the coastal State may require it to leave the territorial sea immediately.
Article 31 Responsibility of the flag State for damage caused by a warship or other government ship operated for non-commercial purposes The flag State shall bear international responsibility for any loss or damage to the coastal State resulting from the non-compliance by a warship or other government ship operated for non-commercial purposes with the laws and regulations of the coastal State concerning passage through the territorial sea or with the provisions of this Convention or other rules of international law.
Article 32 Immunities of warships and other government ships operated for non-commercial purposes With such exceptions as are contained in subsection A and in articles 30 and 31, nothing in this Convention affects the immunities of warships and other government ships operated for non-commercial purposes. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: The contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured.
The regime of passage through straits used for international navigation established in this Part shall not in other respects affect the legal status of the waters forming such straits or the exercise by the States bordering the straits of their sovereignty or jurisdiction over such waters and their air space, bed and subsoil. The sovereignty or jurisdiction of the States bordering the straits is exercised subject to this Part and to other rules of international law.
Article 35 Scope of this Part Nothing in this Part affects: Article 36 High seas routes or routes through exclusive economic zones through straits used for international navigation This Part does not apply to a strait used for international navigation if there exists through the strait a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics; in such routes, the other relevant Parts of this Convention, including the provisions regarding the freedoms of navigation and overflight, apply.
Article 38 Right of transit passage 1. In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage, which shall not be impeded; except that, if the strait is formed by an island of a State bordering the strait and its mainland, transit passage shall not apply if there exists seaward of the island a route through the high seas or through an exclusive economic zone of similar convenience with respect to navigational and hydrographical characteristics.
Transit passage means the exercise in accordance with this Part of the freedom of navigation and overflight solely for the purpose of continuous and expeditious transit of the strait between one part of the high seas or an exclusive economic zone and another part of the high seas or an exclusive economic zone.
However, the requirement of continuous and expeditious transit does not preclude passage through the strait for the purpose of entering, leaving or returning from a State bordering the strait, subject to the conditions of entry to that State.
Any activity which is not an exercise of the right of transit passage through a strait remains subject to the other applicable provisions of this Convention. Article 39 Duties of ships and aircraft during transit passage 1.
Ships and aircraft, while exercising the right of transit passage, shall: Ships in transit passage shall: Aircraft in transit passage shall: Article 40 Research and survey activities During transit passage, foreign ships, including marine scientific research and hydrographic survey ships, may not carry out any research or survey activities without the prior authorization of the States bordering straits.
Article 41 Sea lanes and traffic separation schemes in straits used for international navigation 1. In conformity with this Part, States bordering straits may designate sea lanes and prescribe traffic separation schemes for navigation in straits where necessary to promote the safe passage of ships. Such States may, when circumstances require, and after giving due publicity thereto, substitute other sea lanes or traffic separation schemes for any sea lanes or traffic separation schemes previously designated or prescribed by them.
Such sea lanes and traffic separation schemes shall conform to generally accepted international regulations. Before designating or substituting sea lanes or prescribing or substituting traffic separation schemes, States bordering straits shall refer proposals to the competent international organization with a view to their adoption.
The organization may adopt only such sea lanes and traffic separation schemes as may be agreed with the States bordering the straits, after which the States may designate, prescribe or substitute them. In respect of a strait where sea lanes or traffic separation schemes through the waters of two or more States bordering the strait are being proposed, the States concerned shall co-operate in formulating proposals in consultation with the competent international organization.
States bordering straits shall clearly indicate all sea lanes and traffic separation schemes designated or prescribed by them on charts to which due publicity shall be given. Ships in transit passage shall respect applicable sea lanes and traffic separation schemes established in accordance with this article.
Article 42 Laws and regulations of States bordering straits relating to transit passage 1. Subject to the provisions of this section, States bordering straits may adopt laws and regulations relating to transit passage through straits, in respect of all or any of the following: Such laws and regulations shall not discriminate in form or in fact among foreign ships or in their application have the practical effect of denying, hampering or impairing the right of transit passage as defined in this section.
States bordering straits shall give due publicity to all such laws and regulations. Foreign ships exercising the right of transit passage shall comply with such laws and regulations.
The flag State of a ship or the State of registry of an aircraft entitled to sovereign immunity which acts in a manner contrary to such laws and regulations or other provisions of this Part shall bear international responsibility for any loss or damage which results to States bordering straits. Article 43 Navigational and safety aids and other improvements and the prevention, reduction and control of pollution User States and States bordering a strait should by agreement co-operate: Article 44 Duties of States bordering straits States bordering straits shall not hamper transit passage and shall give appropriate publicity to any danger to navigation or overflight within or over the strait of which they have knowledge.
There shall be no suspension of transit passage.
Verdrag van de Verenigde Naties inzake het recht van de zee, Montego-Bay, 10-12-1982
Dit deel van de vordering is op na te melden wijze toewijsbaar. Wat de meldingen van de sabotagepogingen kan van belang zijn of die een ondergrondse pijpleiding betroffen.