Bio: A.G. Castermans is an academic researcher from Leiden University. The author has contributed to research in topics: Supply chain & Subsidiary. The author has an hindex of 3, co-authored 5 publications receiving 46 citations.
01 Jan 2013
TL;DR: Rijgersberg and Van der Kaaij as discussed by the authors made a case for a Rigorous Conceptual Analysis as the central method in Transnational Law Design, which was later adopted by the International Organization for Standardization.
Abstract: mogelijke begrippen het rechtssysteem te beheersen,’ 43 R. Rijgersberg & H. Van der Kaaij, ‘A Plea for a Rigorous Conceptual Analysis as Central Method in Transnational Law Design’, Recht en Methode in onderzoek en onderwijs 2013 (3) 1, p. 48-60. 44 Scholten 2012, p. 119.
TL;DR: In this paper, the authors describe the questions a Dutch civil court will ask in assessing the liability of a Dutch legal person for involvement in the violation of fundamental, internationally recognised rights, focusing more specifically on the liability for a legal entity for subsidiaries operating abroad.
Abstract: This report describes the questions a Dutch civil court will ask in assessing the liability of a Dutch legal person for involvement in the violation of fundamental, internationally recognised rights. It focuses more specifically on the liability of a Dutch legal person for subsidiaries operating abroad.
13 Dec 2018
TL;DR: In this article, the legal frameworks for the governance of natural resources in general, in situations of armed conflict and as part of conflict resolution and immediate post-conflict peacebuilding efforts are discussed.
Abstract: An abundance of natural resources in a country is conducive to its development. Nevertheless, the last few decades have shown a harsher reality, where natural resources have triggered, financed or fuelled a number of internal armed conflicts. Examples include the armed conflicts in Cambodia, Angola, Sierra Leone, Liberia, Cote d’Ivoire and the Democratic Republic of the Congo, which have been financed with the exploitation of a variety of valuable natural resources, including diamonds, gold, timber, oil and cocoa. Two main challenges can be identified. The first concerns stopping natural resources from financing or fuelling armed conflicts, while the second challenge is to improve the governance over natural resources within States in order to resolve existing armed conflicts and to prevent a relapse into armed conflict. The aim of this book is to assess the role of international law in addressing these two challenges. For this purpose, this book discusses the legal frameworks for the governance of natural resources in States in general, in situations of armed conflict and as part of conflict resolution and immediate post-conflict peacebuilding efforts.
01 Feb 2008
TL;DR: In this article, the authors present the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices.
Abstract: This book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses questions which not only enhance our understanding of how Islamic courts in Indonesia work, but also of how Islamic courts through their everyday adjudication processes have the potential to transform societal norms based in national family law, Islamic law and customary law. What is the history of the Islamic courts in both districts and what are its consequences for their position in the local community? What role do the Islamic courts play in protecting women’s divorce rights? How do they perform with regard to spousal support, child support and marital property and why? How do the Islamic courts treat women’s and men’s claims? How has Indonesian family law for Muslims developed and what is the role of the Islamic courts in this development? How are Islamic courts positioned in Indonesia’s nation-building project? This book attempts to provide answers to those questions by exploring the Islamic courts’ institutional history in both districts, the development of the substantive law they apply, and the socio-cultural and economic aspects of divorce.
12 Dec 2013
TL;DR: In this paper, a comparative analysis of two National Human Rights Commissions in Indonesia and Malaysia is presented, showing that the manner in which NHRIs address human rights issues differs between categories of rights, and that the promotion of international human rights standards is often hampered by the contestation of these norms.
Abstract: Since the 1990s, the number of National Human Rights Institutions (NHRIs) has grown rapidly worldwide. NHRIs are widely believed to be able to contribute to the realisation of human rights, by embedding international norms in domestic structures. Promoting Human Rights: National Human Rights Commissions in Indonesia and Malaysia addresses this issue by a comparative analysis of two NHRIs in Southeast Asia. It traces the development of both organisations since their inception, as well as their performance and effectiveness in three case studies regarding the freedom of religion, the right to a fair trial and the right to adequate housing. It reveals that the manner in which NHRIs address human rights issues differs between categories of rights, and that the promotion of international human rights standards is often hampered by the contestation of these norms, both within and outside of the organisation. At the same time, this study highlights some of the contributions the NHRIs have made to the realisation of human rights in challenging circumstances. The author therefore argues that NHRIs play a crucial role in making human rights an integral part of both the state and society.
TL;DR: In this article, a comparative analysis of different European legal systems and an examination of two case studies is presented, focusing on the liability of airlines and sales law in Europe, respectively.
Abstract: In the current multilevel legal order, private relationships are governed by rules rooted in different international, European and national regimes. Where these rules lead to conflicts, important questions arise. May they be applied simultaneously, or should one of the regimes be excluded in favour of the other? And if the latter is the case, who should make that choice: the claimant or the court?To solve these questions, a method of interpretation is needed, crafted with private relationships in mind. This contribution seeks to uncover such a method, based on a comparative analysis of different European legal systems and an examination of two case studies: (1) the liability of airlines and (2) sales law in Europe. As such, it is interesting to legal practitioners, lecturers and students, as well as anyone interested in the intersection of European law and private law.
TL;DR: The Dutch Shell Nigeria case has international relevance, as it forms part of a worldwide trend towards foreign direct liability cases as discussed by the authors, and the relevance of the case has further increased with the US Supreme Court's April 2013 ruling in the case of Kiobel v.
Abstract: In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC). The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie , in response to a number of oil-spill incidents from SPDC-operated pipelines in the Nigerian Niger Delta. Although the majority of the claims were dismissed, the district court in its ruling did grant one claim that related to spills from an abandoned wellhead, ordering SPDC to pay compensation for the resulting loss. This judgment has international relevance, as this Dutch Shell Nigeria case forms part of a worldwide trend towards foreign direct liability cases. Growing numbers of similar lawsuits have been brought before the courts in other Western societies, but judgments on the merits have so far remained scarce. The relevance of the case has further increased with the US Supreme Court’s April 2013 ruling in the case of Kiobel v. Royal Dutch Petroleum Co. , which has significantly limited the scope of the Alien Tort Statute. This article explores The Hague District Court’s decision in the Dutch Shell Nigeria case, and places the case within the socio-legal context of the contemporary trend towards foreign direct liability cases, the international debates on corporate accountability and business & human rights, and the Supreme Court's judgment in the Kiobel case.