Netherlands Yearbook of International Law 2013 Crisis and Internatio

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.The them

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Netherlands Yearbook of International Law Volume 44

For further volumes: http://www.springer.com/series/8913

Mielle K. Bulterman Willem J.M. van Genugten •

Volume Editors

Netherlands Yearbook of International Law 2013 Crisis and International Law: Decoy or Catalyst?

123

Volume Editors Mielle K. Bulterman Legal Affairs Department Ministry of Foreign Affairs The Hague The Netherlands

ISSN 0167-6768 ISBN 978-94-6265-010-7 DOI 10.1007/978-94-6265-011-4  T.M.C.

ASSER PRESS

Willem J.M. van Genugten Tilburg Law School University of Tilburg Tilburg The Netherlands

ISSN 1574-0951 (electronic) ISBN 978-94-6265-011-4 (eBook)

and the authors 2014

Library of Congress Control Number: 72-623109 This Volume is also available as a journal product, either as part of the subscription to Volume 60 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, etc. in this publication 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 F. Amtenbrink Erasmus University Rotterdam

J.E. Nijman University of Amsterdam

M.K. Bulterman Ministry of Foreign Affairs

W.G. Werner VU University, Amsterdam

W.J.M. van Genugten (General Editor) Tilburg University

R.A. Wessel (General Editor) University of Twente H.G. van der Wilt University of Amsterdam

Managing Editor M. Ambrus Faculty of Law University of Groningen Oude Kijk in ‘t Jatstraat 26 9712 EK Groningen The Netherlands

v

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 leadi