Cedric Ryngaert | |
---|---|
Born | |
Nationality | Belgian |
Occupation(s) | Lawyer, academic, and author |
Awards | Veni grant Henri Rolin international law prize (Brussels) NWO-Vidi award ERC Starting Grant |
Academic background | |
Education | Master in Law (lic. jur.) PhD in Law (Jurisdiction in International Law) |
Alma mater | Leuven University |
Academic work | |
Institutions | Utrecht University |
Cedric Ryngaert is a lawyer,academic,and author. He is a Professor and Chair of Public International Law,and Head of the Department of International and European Law at Utrecht University. [1] He is most known for his research on the law of jurisdiction,non-state actors,immunities,and international organizations.
Ryngaert has published over 300 papers,and book chapters on topics related to the role of international law in the context of domestic courts,sanctions,and international responsibility. He is the author/co-author of 2 books,entitled Jurisdiction in International Law,and Selfless Intervention:The Exercise of Jurisdiction in the Common Interest,and the co-editor of International Prosecutors,and Non-State Actors in International Law. [2] He is the Editor-in-Chief of the Netherlands International Law Review, [3] and the Utrecht Law Review, [4] and serves as a member of the Advisory Committee on Public International Law,advising the Dutch Ministry of Foreign Affairs. [5] From 2008 until 2017,he was a Member of the Board of Human Rights and International Legal Discourse. [6]
Ryngaert was born on 22 August 1978 in Kortrijk,Belgium. He attended Leuven University,from which he earned his Master in Law in 2001,and then completed his Doctoral degree in law,under the supervision of Jan Wouters,in 2007. [7]
Following his Doctoral degree,Ryngaert held appointment as assistant professor of Public International Law at Utrecht University. He was promoted to associate professor in 2011,and became Professor in 2014. During his tenure at Utrecht University,he was also concurrently appointed by Leuven University as Assistant and later associate professor of Public International Law from 2008 until 2014. [7]
Ryngaert also held administrative appointments in his career. He was a faculty member of the research board and doctoral commission at Leuven University until 2014. At Utrecht University,he has been appointed as Head of the Department of International and European Law since 2018. [7]
Ryngaert's research examines the law of jurisdiction,with particular attention on pathways that lead to sustainability,institutions for open societies,and security in open societies (SOS). [8] He authored a book entitled Jurisdiction in International Law in 2015 about the areas of law where jurisdiction is most contentious:criminal,antitrust,securities,discovery,and international humanitarian and human rights law. Michael Waibel is of the view that the book "holds out a utopian benchmark where States exercise jurisdiction solely in the interest of furthering global welfare,based on specific jurisdictional rules for each field of law." He further describes the book to be a "comprehensive analysis" of the admissible geographical reach of State legislative power,which highlights "transatlantic jurisdictional wrangles" that are limited to US and European State practice. [9]
His work also examines the position of non-state actors as law-makers and law-takers in the context of international law. He addresses questions about whether these different positions can or should be separated from each other. In 2015,Ryngaert co-edited the book,Non-State Actors in International Law,with Math Noortmann. The book highlights that the position of non-state actors in international law changes with the functional and theoretical perspectives of the observer. [10] Marcos D Kotlik described the book as being focused on "constraints of state-centric approaches in accurately depicting the role and status of non-state actors in the international arena." [11] More recently,Ryngaert authored a book,Selfless Intervention:Exercising Jurisdiction in the Common Interest,and explored several concepts of international law,such as jurisdiction,sovereignty,and territoriality. He investigated the ways in which purpose of the law of jurisdiction undergoes a shift from protecting national interests to furthering international concerns. [12]
While discussing criminal law as a mechanism to hold corporations to account,Ryngaert performed a case-study on the Dutch criminal law system and argued that criminal liability can be based on violations of a corporate duty of care violation,on the other hand jurisdiction can be grounded on the principles of territoriality,nationality,and universality. [13] He also published a paper on "Embassy Bank Accounts and State Immunity from Execution" with an intention to introduce an approach which has the capability to bring a balance between the interests of states and creditors while doing justice to the creditor's right of access to a court. [14] He discussed how the United States is continuously weaponizing economic sanctions to accelerate its foreign policy agenda. Having discussed that,he highlighted the inauspicious impacts of secondary sanctions,and the role that third states and the EU are playing to counter these sanctions through various non-judicial mechanisms,such as blocking statutes,special purpose vehicles to circumvent the reach of sanctions,or even countermeasures. [15] Moreover,Ryngaert has focused his research to identify the jurisdictional opportunities and pitfalls of criminal (public law) and civil/tort (private law) litigation against PMCs in domestic courts. [16]
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague,Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide,crimes against humanity,war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice,an organ of the United Nations that hears disputes between states.
Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States,the concept of jurisdiction applies at multiple levels.
Conflict of laws is the set of rules or laws a jurisdiction applies to a case,transaction,or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics:jurisdiction,rules regarding when it is appropriate for a court to hear such a case;foreign judgments,dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction;and choice of law,which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context,but they are especially prevalent in contract law and tort law.
A tort is a civil wrong that causes a claimant to suffer loss or harm,resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law,which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes,tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts,such as assault and battery,can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law,which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed,and regardless of the accused's nationality,country of residence,or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all,too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes,or owed to the entire world community,as well as to the concept of jus cogens –that certain international law obligations are binding on all states.
Public law is the part of law that governs relations between legal persons and a government,between different institutions within a state,between different branches of governments,as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law,administrative law,tax law and criminal law,as well as all procedural law. Laws concerning relationships between individuals belong to private law.
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries.
Oliphant v. Suquamish Indian Tribe,435 U.S. 191 (1978),is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians. The case was decided on March 6,1978 with a 6–2 majority. The court opinion was written by William Rehnquist,and a dissenting opinion was written by Thurgood Marshall,who was joined by Chief Justice Warren Burger. Justice William J. Brennan did not participate in the decision.
Francis Anthony Boyle is an American human rights lawyer and professor of international law at the University of Illinois College of Law. He has served as counsel for Bosnia and Herzegovina and has supported the rights of Palestinians and indigenous peoples.
In finance,a floating charge is a security interest over a fund of changing assets of a company or other legal person. Unlike a fixed charge,which is created over ascertained and definite property,a floating charge is created over property of an ambulatory and shifting nature,such as receivables and stock.
The doctrine and rules of state immunity concern the protection which a state is given from being sued in the courts of other states. The rules relate to legal proceedings in the courts of another state,not in a state's own courts. The rules developed at a time when it was thought to be an infringement of a state's sovereignty to bring proceedings against it or its officials in a foreign country.
In finance,a security interest is a legal right granted by a debtor to a creditor over the debtor's property which enables the creditor to have recourse to the property if the debtor defaults in making payment or otherwise performing the secured obligations. One of the most common examples of a security interest is a mortgage:a person borrows money from the bank to buy a house,and they grant a mortgage over the house so that if they default in repaying the loan,the bank can sell the house and apply the proceeds to the outstanding loan.
The United States is not a state party to the Rome Statute of the International Criminal Court,which founded the International Criminal Court (ICC) in 2002.
Immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences. Immunities are of two types. The first is functional immunity,or immunity ratione materiae. This is an immunity granted to people who perform certain functions of state. The second is personal immunity,or immunity ratione personae. This is an immunity granted to certain officials because of the office they hold,rather than in relation to the act they have committed.
Therapeutic jurisprudence (TJ) is an interdisciplinary approach to legal scholarship with the goal of reforming the law so it has a positive impact on the well-being of defendants appearing in court. TJ researchers and practitioners typically make use of social science methods to explore ways in which negative consequences can be reduced,and therapeutic consequences enhanced,without breaching due process requirements. By taking a non-adversarial approach to the administration of justice,judges and lawyers work together to create strategies that help offenders make positive changes in their own lives. Therapeutic jurisprudence has been used successfully in mental health courts and other problem-solving courts,such as drug courts for defendants with addictions.
This collection of lists of law topics collects the names of topics related to law. Everything related to law,even quite remotely,should be included on the alphabetical list,and on the appropriate topic lists. All links on topical lists should also appear in the main alphabetical listing. The process of creating lists is ongoing –these lists are neither complete nor up-to-date –if you see an article that should be listed but is not,please update the lists accordingly. You may also want to include Wikiproject Law talk page banners on the relevant pages.
Dire Tladi is a professor of international law at the Department of Public Law and the Institute for International and Comparative Law in Africa at the University of Pretoria. He is also extraordinary professor at the Public Law Department of the University of Stellenbosch. He has served as the Principal State Law Adviser for International Law for the South African Department of International Relations and Cooperation and Legal Counsellor to the South Africa Mission to the United Nations.
The UNCITRAL Model Law on Cross-Border Insolvency was a model law issued by the secretariat of UNCITRAL on 30 May 1997 to assist states in relation to the regulation of corporate insolvency and financial distress involving companies which have assets or creditors in more than one state.
The Prosecution Ministry is a constitutional body integrated into the Judiciary of Spain,but with full autonomy. It is entrusted with defending the rule of law,the rights of the citizens,and public interest,as well as watching over the independence of the courts of justice.
Menno Tjeerd Kamminga is a Dutch international law scholar and emeritus Professor of International Law at Maastricht University,known for work in the field of Human Rights treaties,obligations accountability,and universal jurisdiction.