The author is winner of the 1995 Award of the Foundation Praemium Erasmianum, Amsterdam.
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Third Party Dispute Settlement in an Interdependent World
Developing a Theoretical Framework
Marcel M.T.A. Brus
The author is winner of the 1995 Award of the Foundation Praemium Erasmianum, Amsterdam.
Series:
M.M.T.A. Brus and F.G. Von Der Dunk
The United Nations Decade of International Law
Reflections on International Dispute Settlement
Edited by Marcel M.T.A. Brus, Sam Muller and Serv Wiemers
The editors of this book contribute to this aim by bringing together a variety of opinions by international legal experts on peaceful dispute settlement. The subject is approached from different angles, ranging from the role of the International Law Commission and the Non-Aligned Movement to human rights and space law disputes, in order to identify areas of international law where room exists for further development of existing means for peaceful settlement of international disputes.
A general conclusion which can be drawn from this survey is that the focus of attention should not be aimed primarily at strenghtening the role of the International Court of Justice, e.g. by amending some of its rules or by trying to increase its political acceptability through diplomatic efforts. Instead, the focus should be on small scale improvements within specific areas of international law with an emphasis on the relation between dispute settlement and supervision. Furthermore, it seems essential for a real improvement to give non-governmental organisations or private persons a greater role in upholding the rule of international law, whether in domestic courts or in international fora.
This work has been published previously in the Leiden Journal of International Law, Special Issue (3 LJIL 90).
The International Space Station
Commercial Utilisation from a European Legal Perspective
Series:
Edited by Frans G. von der Dunk and Marcel M.T.A. Brus
Access to Public Housing for Outsiders
A Practice of Indirect Discrimination in Decentralised Indonesia
E.D. Kusumawati, A.G. Hallo de Wolf and M.M.T.A. Brus
While the decentralised system adhered to by Indonesia has allowed the central government to delegate its affairs to local governments and has brought benefits for democracy, several issues are open for improvement. One of the areas allocated to local governments is housing and settlements. There are indications that in some cases the local governments fail to provide access to public housing for outsiders, who are also vulnerable to eviction and resettlement. This article discusses legal regulations and examples of housing policy at the national level. Moreover, it assesses general practices of four Indonesian local governments: Jakarta, Surabaya, Jogjakarta and Surakarta, concerning access to public housing for outsiders. The article investigates whether the four Indonesian local governments unintentionally facilitate indirect discrimination or legally limit the right to housing for the purpose of promoting the general welfare. The analysis is based on the prohibition of indirect discrimination related to the right to housing in the International Covenant on Economic, Social and Cultural Rights (icescr), General Comments and Concluding Observations.