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The Confluence of Public and Private International Law

Justice Pluralism and Subsidiarity in the International
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Netherlands Yearbook of International Law 2012 Legal
Equality and the International Rule of Law Essays in
Honour of P H Kooijmans 1st Edition Janne E. Nijman
Digital Instant Download
Author(s): Janne E. Nijman, Wouter G. Werner (auth.), Janne Elisabeth
Nijman, Wouter G Werner (eds.)
ISBN(s): 9789067049153, 9067049158
Edition: 1
File Details: PDF, 4.03 MB
Year: 2013
Language: english
Netherlands
Yearbook
of International
Law 2012
Legal Equality and
the International Rule of Law:
Essays in Honour of P. H. Kooijmans
Netherlands Yearbook of International Law

Volume 43

For further volumes:

http://www.springer.com/series/8913
Janne E. Nijman Wouter G. Werner
•

Volume Editors

Netherlands Yearbook
of International Law 2012
Legal Equality and
the International Rule of Law:
Essays in Honour of P. H. Kooijmans

123
Volume Editors
Janne E. Nijman Wouter G. Werner
Faculty of Law Faculty of Law
Department of International VU University Amsterdam
and European Law Amsterdam
University of Amsterdam The Netherlands
Amsterdam
The Netherlands

ISSN 0167-6768 ISSN 1574-0951 (electronic)

ISBN 978-90-6704-914-6 ISBN 978-90-6704-915-3 (eBook)
DOI 10.1007/978-90-6704-915-3

Ó T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2013

Library of Congress Control Number: 72-623109

This Volume is also available as a journal product, either as part of the subscription to Volume 59 of the
Netherlands International Law Review, or as a stand-alone journal, both through Cambridge University
Press. In addition to the electronic version published on http://www.springerlink, the Yearbook is also
available online through the Cambridge Journals Online service.

Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl

Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg

No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by
any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written
permission from the Publisher, with the exception of any material supplied specifically for the purpose
of being entered and executed on a computer system, for exclusive use by the purchaser of the work.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publi-
cation does not imply, even in the absence of a specific statement, that such names are exempt from the
relevant protective laws and regulations and therefore free for general use.

Printed on acid-free paper

Springer is part of Springer Science+Business Media (www.springer.com)

 Board of Editors
Netherlands Yearbook of International Law

M.K. Bulterman J.E. Nijman

Ministry of Foreign Affairs University of Amsterdam

W.J.M.van Genugten W.G. Werner

(Editor-in-Chief) VU University, Amsterdam
Tilburg University
R.A. Wessel
E. Hey University of Twente
(Editor-in-Chief)
Erasmus University Rotterdam

Managing Editor
M. Ambrus
Erasmus School of Law
Erasmus University Rotterdam
Burgemeester Oudlaan 50
3062 PA Rotterdam
The Netherlands
Aims and Scope

The Netherlands Yearbook of International Law (NYIL) was first published in 1970.
It offers a forum for the publication of scholarly articles in the area of public international
law including the law of the European Union. In addition, each Yearbook includes a section
Dutch Practice in International Law. The NYIL is published under the auspices of the
T.M.C. Asser Instituut.

T.M.C. Asser Instituut

Located in the ‘international zone’ of The Hague—the City of Justice, Peace and Security,
The T.M.C. Asser Instituut is a leading, inter-university research institute operating in the
broad field of international law.
Founded in 1965, 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. This inter-university institute cooperates
closely with and supports the Dutch universities’ activities in the relevant disciplines. The
academic fields covered by the Institute are Private International Law, Public International
Law, Law of the European Union, International Commercial Arbitration, International
Humanitarian Law, International Criminal Law and International Sports Law.
The Institute enjoys an excellent reputation at national and international level for its
development, organisation and hosting of conferences and academic meetings, demand
driven postgraduate programmes and training. Its ancillary websites and data collections all
contribute to a coherent and integral strategy in the area of knowledge transfer.
The Institute has its own publishing house, T.M.C. Asser Press. T.M.C. Asser Press not
only serves the publishing needs of the T.M.C. Asser Instituut, but also those of academics
and practitioners worldwide in the fields of International and European Law.

T.M.C. Asser Instituut

Institute for Private and Public International Law
International Commercial Arbitration and European Law

Institute Address:
R. J. Schimmelpennincklaan 20-22
2517 JN, The Hague
The Netherlands

Mailing Address:
P.O. Box 30461
2500 GL The Hague
The Netherlands
Tel.: ?3170 342 0300
Fax: ?3170 342 0359
Internet: www.asser.nl
Preface

We take this opportunity to share with our readership the completion of a tran-
sition process, which the Netherlands Yearbook of International Law (NYIL) has
undergone during the past few years. The results of the transition process first
became visible with the introduction of a new cover for volume 41 (2010), when
Springer-Verlag got involved in the Yearbook, resulting in a cooperative endeavor
between T.M.C. Asser Press, Cambridge University Press, and Springer-Verlag.
During the transition period four important substantive decisions were taken by
the Editorial Board: the introduction of a specific theme for every volume of the
NYIL, the removal of the ‘Documentation’ section, the introduction of a new
section in the book entitled ‘Dutch Practice in International Law’, and the intro-
duction of double-blind peer review. Each decision is briefly explained below.
Starting with volume 41 (2010) specific themes were introduced to encourage
debate by addressing a topic from different perspectives. Volume 41 (2010)
focused on the theme of ‘Necessity Across International Law’; volume 42 (2011)
addressed the topic ‘Agora: The Case of Iraq: International Law and Politics’. The
present volume focuses on ‘Legal Equality and the International Rule of Law:
Essays in honour of P. H. Kooijmans’ and volume 44 (2013) will consider ‘Crisis
and International Law: Decoy or Catalyst?’. Future themes will be announced on
the T.M.C. Asser Press website (www.asser.nl/yearbooks). The Editorial Board
encourages the submission of unsolicited manuscripts on the annual topic. For
further information, please, contact Dr. Monika Ambrus, Managing Editor of the
NYIL at [email protected] or [email protected] where manuscripts may also be
submitted.
The Documentation section was removed because of the ample electronic
availability of state practice related documentation, such as case law, legislation
and other decisions of the government of The Netherlands related to international
law. Since 2011 documents regarding the state practice of The Netherlands are
available in electronic format atwww.asser.nl/nyil/documentation.
The present volume contains the first ‘Dutch Practice in International Law’,
which consists of commentaries on salient developments in the practice of inter-
national law in The Netherlands. Hence, it emphasizes the link between the NYIL
and The Netherlands.

vii
viii Preface

Finally, we are pleased to announce that the NYIL has now formally instituted
double-blind peer review. For more details you may visit www.asser.nl/nyil/
authors.
We are confident that over the last few years we have laid a solid foundation for
a strong NYIL, which can be flexible to future challenges and opportunities.

The Editors-in-Chief
Pieter Hendrik Kooijmans (1933–2013)

On February 13, 2013, Pieter Hendrik (Peter) Kooijmans passed away.

The idea for this volume was born at a Restaurant in The Hague. At the end of our
lunch, which we would have a few times a year ever since my doctoral defence,
Peter gave me a copy of the sales edition of his dissertation. It was still wrapped as if
printed yesterday. He and his beloved wife, Jeanne, had cleared out their studies and
found another copy of The Doctrine of the Legal Equality of States: An inquiry into
the Foundations of International Law (1964). It is to this day a standard work on the
subject of sovereign equality. It struck me then that ‘something should come of this’.
The current volume thus started out as a project to celebrate Peter Kooijmans’
life, career, and scholarship by way of an active contemporary engagement with his
1964 study. This volume of the Netherlands Yearbook of International Law would
be launched festively in his presence somewhere in 2013, the year of Peter’s
eightieth birthday. However, things turned out differently and with this celebrative
volume now comes our sad duty to honour his memory. As Volume Editors, Wouter
Werner and I decided not to change the envisaged contents of this volume, but rather
to add the words spoken by Dame Rosalyn Higgins during the funeral service
together with this In Memoriam. The book has indeed become a tribute to Peter
Kooijmans and his work, while at the same time it is highly relevant to current and
future international (law) questions. Peter himself was much moved by the project
and—in his own words—‘greatly appreciated its intellectual objective’. We are very
happy he has been able to see the final prints.
For Peter, profound happiness and gratitude coloured the last days and weeks of
his life. First of all, happiness and gratitude for the love and support of his beloved
wife, children and grandchildren, and for his many lifelong friends. But he also felt
deep gratitude for his extraordinary career. He had enjoyed his work so much, all of
it, that he felt truly privileged also on this account.
For our part, we lose an extraordinary member of the international law community
both inside The Netherlands and abroad, who has given a lot in the different
responsibilities he bore during his six decades-spanning career.1 Peter Kooijmans has

1
For more details about Peter Kooijmans’ career see infra Nijman and Werner 2013, at 4–6.

ix
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 Microbiology - Study Plan
Fall 2024 - Academy

Prepared by: Assistant Prof. Garcia

Date: July 28, 2025

Topic 1: Study tips and learning strategies

Learning Objective 1: Theoretical framework and methodology
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 1: Diagram/Chart/Graph]
Learning Objective 2: Assessment criteria and rubrics
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 3: Literature review and discussion
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 4: Practical applications and examples
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Learning Objective 5: Critical analysis and evaluation
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 5: Diagram/Chart/Graph]
Important: Key terms and definitions
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 6: Study tips and learning strategies
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 7: Theoretical framework and methodology
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 8: Literature review and discussion
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 9: Diagram/Chart/Graph]
Important: Literature review and discussion
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Topic 2: Comparative analysis and synthesis
Important: Ethical considerations and implications
• Best practices and recommendations
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Problem-solving strategies and techniques
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Best practices and recommendations
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 13: Diagram/Chart/Graph]
Note: Study tips and learning strategies
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Literature review and discussion
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Study tips and learning strategies
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Key Concept: Ethical considerations and implications
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 17: Statistical analysis and interpretation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Ethical considerations and implications
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 19: Ethical considerations and implications
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Test 3: Best practices and recommendations
Important: Critical analysis and evaluation
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Ethical considerations and implications
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Key terms and definitions
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Definition: Fundamental concepts and principles
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Assessment criteria and rubrics
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Literature review and discussion
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Current trends and future directions
• Ethical considerations and implications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Critical analysis and evaluation
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Remember: Interdisciplinary approaches
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 29: Diagram/Chart/Graph]
Definition: Ethical considerations and implications
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 30: Diagram/Chart/Graph]
Background 4: Experimental procedures and results
Practice Problem 30: Critical analysis and evaluation
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 31: Interdisciplinary approaches
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
[Figure 32: Diagram/Chart/Graph]
Key Concept: Comparative analysis and synthesis
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Statistical analysis and interpretation
• Key terms and definitions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Comparative analysis and synthesis
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 35: Diagram/Chart/Graph]
Remember: Best practices and recommendations
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 36: Diagram/Chart/Graph]
Definition: Key terms and definitions
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Historical development and evolution
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 38: Diagram/Chart/Graph]
Note: Key terms and definitions
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 39: Ethical considerations and implications
• Fundamental concepts and principles
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Review 5: Problem-solving strategies and techniques
Practice Problem 40: Current trends and future directions
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Comparative analysis and synthesis
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 42: Diagram/Chart/Graph]
Important: Case studies and real-world applications
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 43: Diagram/Chart/Graph]
Key Concept: Research findings and conclusions
• Literature review and discussion
- Sub-point: Additional details and explanations
- Example: Practical application scenario
[Figure 44: Diagram/Chart/Graph]
Example 44: Literature review and discussion
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Note: Theoretical framework and methodology
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Theoretical framework and methodology
• Statistical analysis and interpretation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Practice Problem 47: Experimental procedures and results
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 48: Historical development and evolution
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Key Concept: Literature review and discussion
• Learning outcomes and objectives
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 50: Diagram/Chart/Graph]
Practice 6: Study tips and learning strategies
Remember: Study tips and learning strategies
• Problem-solving strategies and techniques
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Practice Problem 51: Problem-solving strategies and techniques
• Case studies and real-world applications
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Important: Comparative analysis and synthesis
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Fundamental concepts and principles
• Study tips and learning strategies
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Definition: Key terms and definitions
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Interdisciplinary approaches
• Interdisciplinary approaches
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 56: Diagram/Chart/Graph]
Key Concept: Statistical analysis and interpretation
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Example 57: Practical applications and examples
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Important: Practical applications and examples
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Practical applications and examples
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Chapter 7: Ethical considerations and implications
Example 60: Fundamental concepts and principles
• Current trends and future directions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Important: Critical analysis and evaluation
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Practice Problem 62: Current trends and future directions
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Definition: Practical applications and examples
• Historical development and evolution
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Ethical considerations and implications
• Research findings and conclusions
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
[Figure 65: Diagram/Chart/Graph]
Definition: Current trends and future directions
• Critical analysis and evaluation
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Example 66: Critical analysis and evaluation
• Theoretical framework and methodology
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
Remember: Comparative analysis and synthesis
• Comparative analysis and synthesis
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Formula: [Mathematical expression or equation]
Key Concept: Assessment criteria and rubrics
• Assessment criteria and rubrics
- Sub-point: Additional details and explanations
- Example: Practical application scenario
Remember: Problem-solving strategies and techniques
• Experimental procedures and results
- Sub-point: Additional details and explanations
- Example: Practical application scenario
- Note: Important consideration
Formula: [Mathematical expression or equation]
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