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How should international law deal with the uncertainty arising from the rise of irregular forms of warfare? In the past decade, this question has been the topic of several reports produced by international groups of experts in the field of conflict and security law. The most recent examples include the study on the notion of the ‘direct participati...
The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. With this Volume on ‘Legal Equality and the International Rule of Law’, the Netherlands Yearbook of I...
Legal equality of states is a fundamental principle of international law. The contributions in this special volume examine this principle in today's international law context while engaging also with Pieter Kooijmans' book The Doctrine of the Legal Equality of States. This chapter introduces this 1964 book and briefly discusses the various contribu...
This article analyses legal aspects of the `war on terror'. It argues that, by making recourse to a semantic of risk, danger and, in particular, precaution, the `war on terror' blurs crucial political and legal categories of public and private, of peace and war, of combatants and civilians, thus redefining the relationship between political respons...
nternational law faces several structural changes: from the advent of asymmetric wars, the war on terror, the resurrection of targeted killings, piracy to the degradation of the global environment or the challenges posed by the global economic crisis. These challenges escape the constitutive confines of the state system and require new answers. The current literature treats fragmentation, politicization and constitutionalisation as separate or opposite trends in the international legal order. This Action takes as a vantage point that they have to be thought together as dimensions of a more fundamental systemic change. This Action therefore brings together scholars from a variety of disciplines to analyze this complex relationship and assess the changing structure of the legal system.