Cedric Ryngaert
Biographic Data
| ID | 1317824 |
|---|---|
| NAME | Cedric Ryngaert |
| GIVEN NAMES | Cedric |
| FAMILY NAME | Ryngaert |
| SIGNATURE | RYNGAERT C |
| AFFILIATIONS | Utrecht University |
| ORCID | 0000-0002-3060-9453 |
| VERIFIED | Yes |
| TOTAL WORKS | 22 |
| TOTAL CITATIONS | 30 |
| WORKS AS AUTHOR | 22 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2005 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 3 |
The Netherlands
The Netherlands is one of the cradles of modern international law. This is not just because its capital, The Hague is dubbed the ‘legal capital of the world’, but also because it has put a high premium on international law in its foreign policy. Initially, it saw international law as an insurance policy against the scheming of the larger European powers. Especially since the 1970s, however, it has staked out a more universalist position, particul…
Extraterritorial Enforcement Jurisdiction in Cyberspace
The most eye-catching effect of digitalization on the law of enforcement jurisdiction is the fading into irrelevance of territoriality. Insofar as the “physical” location of digital data—on a server—may be entirely fortuitous and may in fact not be known by the territorial state, it appears unreasonable for that state to invoke its territorial sovereignty as a shield against another state’s claims over such data. To prevent a jurisdictional free-…
The In/Ex-clusiveness of International Law
The 17th ESIL Annual Conference, in Utrecht, was the first conference after the beginning of the Covid-19 pandemic to be held in full capacity. It was a pleasure to see so many colleagues all together in one room. The conference attracted more than 400 participants from various parts of the world. As local organizers, we are very grateful to all of them for their interest and participation. The Covid-19 pandemic and related uncertainties had a ma…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy
The Restatement and the Law of Jurisdiction
The Restatement of the Law (Fourth): The Foreign Relations Law of the United States is a monumental work, which, just like the Restatement (Third), may prove influential abroad. This also applies to its restatement of the law of jurisdiction. The clarity of the relevant chapters on jurisdiction, including the reporters’ notes, is admirable. Comparing the Restatement (Third) to the Restatement (Fourth), it is striking that the latter places greate…
The GDPR as Global Data Protection Regulation
The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's "extraterritorial" application of its data protection legislation-initially the Data Protection Directive (DPD) and, since 2018, the General Data P…
Cosmopolitan Jurisdiction and the National Interest
This chapter explores the exercise of jurisdiction in the common interest. Drawing on realism and actual practice, it is posited that the exercise of jurisdiction in the common interest is unlikely unless the state has a nexus to the situation subject to regulation. The presence of a nexus may in fact serve to allocate jurisdictional authority and responsibility and encourage action in the common interest. In practice, cosmopolitan jurisdiction i…
Sources of International Law in Domestic Law
This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres emerges. Municipal legal practice can have an ‘upstream’ impact on the formation of the content of the sources of international law, where these require proof of State practice and/or opinio juris for valid norms to be generated. Particularly, domestic court decisio…
Provocative Climate Protection
In 2015, frustrated by the slow pace of negotiations in the International Maritime Organisation, the EU issued Regulation 2015/757 on the monitoring, reporting, and verification of carbon dioxide emissions from maritime transport. Echoing the controversial Aviation Directive, the Regulation is intended to support a unilateral market-based measure, and includes emissions from outside EU territory. This raises the question whether, according to int…
Business and Human Rights Litigation in Europe and Canada
ent place. For various reasons, victims of human rights abuses involving corporations may not have access to the fora offered by corporations' home and host states. Therefore, attention can be turned to bystander states offering an exceptional »forum of necessity« to avert a denial of justice. Such a forum of necessity is not, however, without problems. While, on the one hand, it may provide access to justice for victims of human rights abuses, i…
An Urgent Suggestion to Pour Old Wine into New Bottles
Dan Svantesson is quickly establishing himself as a leading voice in the field or jurisdiction. Coming to this field from Internet and data protection law, he is surely well placed to criticize the current legal framework of international jurisdiction in light of technological evolution, which has made territoriality lose its salience as the cornerstone of jurisdiction. I myself have recently been characterized as one of the border guards of terr…
State Cooperation with the International Criminal Tribunal for Rwanda
This contribution discusses the mismatch between States’ duties to cooperate with the International Criminal Tribunal for Rwanda (ICTR) and the reality of State non-cooperation. It focuses on two issues of cooperation which have been particularly important to the Tribunal: the arrest of fugitives by States, and the referral of cases to national jurisdictions under the Tribunal’s completion strategy. The articles demonstrates how Rwanda has used c…
Embassy Bank Accounts and State Immunity from Execution
Embassy bank accounts are among the properties of states most widely present in foreign states. Accordingly, they constitute an ideal target for attachment by creditors. International instruments have largely upheld state immunity from execution regarding bank accounts, however. Likewise, state practice largely – and apparently increasingly – supports state immunity from measures of attachment, by applying a presumption that funds in embassy bank…
Recognition of States
This article deals with the fundamental evolution that the process of state recognition has gone through during the past few decades. Whereas the recognition of new states used to be subject to a relatively concise and clear-cut normative framework consisting of factual criteria, the dissolution of Yugoslavia marked the introduction of a new set of moral norms used to determine whether or not an entity should be recognized as a state. This evolut…
The European Court of Human Rights’ Approach to the Responsibility of Member States in Connection With Acts of International Organizations
It is generally considered that an international organization (‘IO’) has an international legal personality which is distinct from that of its Member States, as a result of which the IO itself, rather than the Member States, is to be held responsible for the IO's internationally wrongful acts. 1 It appears to be an accepted principle that Member States cannot generally be held liable for the acts of IOs by virtue of their membership of an IO alon…
Territorial Jurisdiction Over Cross-frontier Offences
The principle of territoriality is the cornerstone of the law of criminal jurisdication. The question arises, however, how the principle ought to be applied to cross-frontier offences which have connections to more than one territory. It is demonstrated that, from a study of six Western States, it transpires that the constituent elements approach (pursuant to which jurisdiction is found as soon as a constituent element of the crime has occurred o…
The Relevance of the Right to Self-determination in the Kosovo Matter
Journal Article The Relevance of the Right to Self-determination in the Kosovo Matter: In Partial Response to the Agora Papers Get access Cedric Ryngaert, Cedric Ryngaert * *Assistant Professor of International Law at the Faculty of Law, Institute for International Law, Leuven University, Tiensestraat 41, 3000 Leuven, Belgium, and at Utrecht University, The Netherlands, and BOF Fellow at Leuven University (email: [email protected]).…
Extraterritorial Export Controls (Secondary Boycotts)
Some States, the United States in particular, have given their export controls and economic boycotts extraterritorial application. As a result, persons and companies in other States have been prevented from exporting to or investing in the States that are actually the targets of the boycott. It is argued that extraterritorial export controls are unlawful under international law, unless they can be justified by accepted principles of jurisdiction …
Litigating Abuses Committed by Private Military Companies
One of the main tools for ‘socializing’ private military contractors (PMCs) is litigation. The threat of litigation may encourage contractors to set up their own corporate social responsibility and accountability mechanisms with a view to preventing them being hauled before courts. The article identifies the jurisdictional opportunities and pitfalls of criminal (public law) and civil/tort (private law) litigation against PMCs in domestic courts. …
The Doctrine of Abuse of Process
The Cambodia Tribunal's co-investigating judges' first order, for the provisional detention of Duch, one of the suspects for the atrocities committed by the regime of Democratic Kampuchea in the 1970s, addresses the application of the doctrines of male captus bene detentus and abuse of process. The order, confirmed by the pre-trial chamber, states, relying on those doctrines, that Duch's unreasonably long prior detention, ordered by the Cambodian…
Universal Jurisdiction in an ICC Era
European Journal of Crime, Criminal Law and Criminal Justice, Vol. 14/1, 46–80, 2006 © Koninklijke Brill NV. Printed in the Netherlands. Cedric Ryngaert* Universal Jurisdiction in an ICC Era A Role to Play for EU Member States with the Support of the European Union It is submitted that the international jurisdiction of the ICC, which carries more LQWHUQDWLRQDO OHJLWLPDF\ WKDQ QDWLRQDO FRXUWV LV WKH ÀQDO VXEVWLWXWH IRU XQLYHUVDO jurisdiction. 1 It…
Universal Criminal Jurisdiction over Torture
Twenty years after signing the UN Torture Convention, States finally start to exercise universal jurisdiction over torture offenses. In 2004 and 2005, courts in the United Kingdom, the Netherlands and France, acting under the universality principle, convicted foreign torture offenders to prison sentences. Practical hurdles to successful torture prosecutions remain high though. In addition, a number of legal questions are not yet fully clarified, …
Recognition of States
This article deals with the fundamental evolution that the process of state recognition has gone through during the past few decades. Whereas the recognition of new states used to be subject to a relatively concise and clear-cut normative framework consisting of factual criteria, the dissolution of Yugoslavia marked the introduction of a new set of moral norms used to determine whether or not an entity should be recognized as a state. This evolut…
Litigating Abuses Committed by Private Military Companies
One of the main tools for ‘socializing’ private military contractors (PMCs) is litigation. The threat of litigation may encourage contractors to set up their own corporate social responsibility and accountability mechanisms with a view to preventing them being hauled before courts. The article identifies the jurisdictional opportunities and pitfalls of criminal (public law) and civil/tort (private law) litigation against PMCs in domestic courts. …
The GDPR as Global Data Protection Regulation
The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's "extraterritorial" application of its data protection legislation-initially the Data Protection Directive (DPD) and, since 2018, the General Data P…
The European Court of Human Rights’ Approach to the Responsibility of Member States in Connection With Acts of International Organizations
It is generally considered that an international organization (‘IO’) has an international legal personality which is distinct from that of its Member States, as a result of which the IO itself, rather than the Member States, is to be held responsible for the IO's internationally wrongful acts. 1 It appears to be an accepted principle that Member States cannot generally be held liable for the acts of IOs by virtue of their membership of an IO alon…
Provocative Climate Protection
In 2015, frustrated by the slow pace of negotiations in the International Maritime Organisation, the EU issued Regulation 2015/757 on the monitoring, reporting, and verification of carbon dioxide emissions from maritime transport. Echoing the controversial Aviation Directive, the Regulation is intended to support a unilateral market-based measure, and includes emissions from outside EU territory. This raises the question whether, according to int…
Extraterritorial Export Controls (Secondary Boycotts)
Some States, the United States in particular, have given their export controls and economic boycotts extraterritorial application. As a result, persons and companies in other States have been prevented from exporting to or investing in the States that are actually the targets of the boycott. It is argued that extraterritorial export controls are unlawful under international law, unless they can be justified by accepted principles of jurisdiction …
The Doctrine of Abuse of Process
The Cambodia Tribunal's co-investigating judges' first order, for the provisional detention of Duch, one of the suspects for the atrocities committed by the regime of Democratic Kampuchea in the 1970s, addresses the application of the doctrines of male captus bene detentus and abuse of process. The order, confirmed by the pre-trial chamber, states, relying on those doctrines, that Duch's unreasonably long prior detention, ordered by the Cambodian…
Universal Criminal Jurisdiction over Torture
Twenty years after signing the UN Torture Convention, States finally start to exercise universal jurisdiction over torture offenses. In 2004 and 2005, courts in the United Kingdom, the Netherlands and France, acting under the universality principle, convicted foreign torture offenders to prison sentences. Practical hurdles to successful torture prosecutions remain high though. In addition, a number of legal questions are not yet fully clarified, …
Universal Jurisdiction in an ICC Era
European Journal of Crime, Criminal Law and Criminal Justice, Vol. 14/1, 46–80, 2006 © Koninklijke Brill NV. Printed in the Netherlands. Cedric Ryngaert* Universal Jurisdiction in an ICC Era A Role to Play for EU Member States with the Support of the European Union It is submitted that the international jurisdiction of the ICC, which carries more LQWHUQDWLRQDO OHJLWLPDF\ WKDQ QDWLRQDO FRXUWV LV WKH ÀQDO VXEVWLWXWH IRU XQLYHUVDO jurisdiction. 1 It…
Extraterritorial Export Controls (Secondary Boycotts)
Some States, the United States in particular, have given their export controls and economic boycotts extraterritorial application. As a result, persons and companies in other States have been prevented from exporting to or investing in the States that are actually the targets of the boycott. It is argued that extraterritorial export controls are unlawful under international law, unless they can be justified by accepted principles of jurisdiction …
Litigating Abuses Committed by Private Military Companies
One of the main tools for ‘socializing’ private military contractors (PMCs) is litigation. The threat of litigation may encourage contractors to set up their own corporate social responsibility and accountability mechanisms with a view to preventing them being hauled before courts. The article identifies the jurisdictional opportunities and pitfalls of criminal (public law) and civil/tort (private law) litigation against PMCs in domestic courts. …
The Doctrine of Abuse of Process
The Cambodia Tribunal's co-investigating judges' first order, for the provisional detention of Duch, one of the suspects for the atrocities committed by the regime of Democratic Kampuchea in the 1970s, addresses the application of the doctrines of male captus bene detentus and abuse of process. The order, confirmed by the pre-trial chamber, states, relying on those doctrines, that Duch's unreasonably long prior detention, ordered by the Cambodian…
Territorial Jurisdiction Over Cross-frontier Offences
The principle of territoriality is the cornerstone of the law of criminal jurisdication. The question arises, however, how the principle ought to be applied to cross-frontier offences which have connections to more than one territory. It is demonstrated that, from a study of six Western States, it transpires that the constituent elements approach (pursuant to which jurisdiction is found as soon as a constituent element of the crime has occurred o…
The Relevance of the Right to Self-determination in the Kosovo Matter
Journal Article The Relevance of the Right to Self-determination in the Kosovo Matter: In Partial Response to the Agora Papers Get access Cedric Ryngaert, Cedric Ryngaert * *Assistant Professor of International Law at the Faculty of Law, Institute for International Law, Leuven University, Tiensestraat 41, 3000 Leuven, Belgium, and at Utrecht University, The Netherlands, and BOF Fellow at Leuven University (email: [email protected]).…
Recognition of States
This article deals with the fundamental evolution that the process of state recognition has gone through during the past few decades. Whereas the recognition of new states used to be subject to a relatively concise and clear-cut normative framework consisting of factual criteria, the dissolution of Yugoslavia marked the introduction of a new set of moral norms used to determine whether or not an entity should be recognized as a state. This evolut…
The European Court of Human Rights’ Approach to the Responsibility of Member States in Connection With Acts of International Organizations
It is generally considered that an international organization (‘IO’) has an international legal personality which is distinct from that of its Member States, as a result of which the IO itself, rather than the Member States, is to be held responsible for the IO's internationally wrongful acts. 1 It appears to be an accepted principle that Member States cannot generally be held liable for the acts of IOs by virtue of their membership of an IO alon…
State Cooperation with the International Criminal Tribunal for Rwanda
This contribution discusses the mismatch between States’ duties to cooperate with the International Criminal Tribunal for Rwanda (ICTR) and the reality of State non-cooperation. It focuses on two issues of cooperation which have been particularly important to the Tribunal: the arrest of fugitives by States, and the referral of cases to national jurisdictions under the Tribunal’s completion strategy. The articles demonstrates how Rwanda has used c…
Embassy Bank Accounts and State Immunity from Execution
Embassy bank accounts are among the properties of states most widely present in foreign states. Accordingly, they constitute an ideal target for attachment by creditors. International instruments have largely upheld state immunity from execution regarding bank accounts, however. Likewise, state practice largely – and apparently increasingly – supports state immunity from measures of attachment, by applying a presumption that funds in embassy bank…
An Urgent Suggestion to Pour Old Wine into New Bottles
Dan Svantesson is quickly establishing himself as a leading voice in the field or jurisdiction. Coming to this field from Internet and data protection law, he is surely well placed to criticize the current legal framework of international jurisdiction in light of technological evolution, which has made territoriality lose its salience as the cornerstone of jurisdiction. I myself have recently been characterized as one of the border guards of terr…
Business and Human Rights Litigation in Europe and Canada
ent place. For various reasons, victims of human rights abuses involving corporations may not have access to the fora offered by corporations' home and host states. Therefore, attention can be turned to bystander states offering an exceptional »forum of necessity« to avert a denial of justice. Such a forum of necessity is not, however, without problems. While, on the one hand, it may provide access to justice for victims of human rights abuses, i…
Provocative Climate Protection
In 2015, frustrated by the slow pace of negotiations in the International Maritime Organisation, the EU issued Regulation 2015/757 on the monitoring, reporting, and verification of carbon dioxide emissions from maritime transport. Echoing the controversial Aviation Directive, the Regulation is intended to support a unilateral market-based measure, and includes emissions from outside EU territory. This raises the question whether, according to int…
Sources of International Law in Domestic Law
This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres emerges. Municipal legal practice can have an ‘upstream’ impact on the formation of the content of the sources of international law, where these require proof of State practice and/or opinio juris for valid norms to be generated. Particularly, domestic court decisio…
Cosmopolitan Jurisdiction and the National Interest
This chapter explores the exercise of jurisdiction in the common interest. Drawing on realism and actual practice, it is posited that the exercise of jurisdiction in the common interest is unlikely unless the state has a nexus to the situation subject to regulation. The presence of a nexus may in fact serve to allocate jurisdictional authority and responsibility and encourage action in the common interest. In practice, cosmopolitan jurisdiction i…
The GDPR as Global Data Protection Regulation
The deterritorialization of the Internet and international communications technology has given rise to acute jurisdictional questions regarding who may regulate online activities. In the absence of a global regulator, states act unilaterally, applying their own laws to transborder activities. The EU's "extraterritorial" application of its data protection legislation-initially the Data Protection Directive (DPD) and, since 2018, the General Data P…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy
The Restatement and the Law of Jurisdiction
The Restatement of the Law (Fourth): The Foreign Relations Law of the United States is a monumental work, which, just like the Restatement (Third), may prove influential abroad. This also applies to its restatement of the law of jurisdiction. The clarity of the relevant chapters on jurisdiction, including the reporters’ notes, is admirable. Comparing the Restatement (Third) to the Restatement (Fourth), it is striking that the latter places greate…
The Netherlands
The Netherlands is one of the cradles of modern international law. This is not just because its capital, The Hague is dubbed the ‘legal capital of the world’, but also because it has put a high premium on international law in its foreign policy. Initially, it saw international law as an insurance policy against the scheming of the larger European powers. Especially since the 1970s, however, it has staked out a more universalist position, particul…
Extraterritorial Enforcement Jurisdiction in Cyberspace
The most eye-catching effect of digitalization on the law of enforcement jurisdiction is the fading into irrelevance of territoriality. Insofar as the “physical” location of digital data—on a server—may be entirely fortuitous and may in fact not be known by the territorial state, it appears unreasonable for that state to invoke its territorial sovereignty as a shield against another state’s claims over such data. To prevent a jurisdictional free-…
The In/Ex-clusiveness of International Law
The 17th ESIL Annual Conference, in Utrecht, was the first conference after the beginning of the Covid-19 pandemic to be held in full capacity. It was a pleasure to see so many colleagues all together in one room. The conference attracted more than 400 participants from various parts of the world. As local organizers, we are very grateful to all of them for their interest and participation. The Covid-19 pandemic and related uncertainties had a ma…
Political science (22 works) · Law (16 works) · Law (15 works) · International Law and Human Rights (12 works) · Jurisdiction (11 works) · Sociology (11 works) · Business (9 works) · International Law and Aviation (9 works) · International law (8 works) · Law and economics (8 works)