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Netherlands judicial decisions involving questions of public international law, 1971–1972 *
Published online by Cambridge University Press: 07 July 2009
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- Section C: Documentation
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- Copyright © T.M.C. Asser Press 1973
References
1. Stb. 1897 No. 211.
2. Stb. 1967 No. 139.
3. 330 U.N.T.S. p. 3; Trb. 1958 No. 145. Art. I(1): “This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between persons, whether physical or legal…”
4. See 3 N.Y.I.L.(1972) p. 294.
5. 24 De Martens N.R.G. 2nd series p. 636; Stb. 1897 No. 42.
6. Stb. 1967 No. 139. Art. 10(1) reads: “Extradition shall not be granted when, to Our Minister's view, there arc well-founded reasons to suspect that, should the request be granted, the person in question will be persecuted, punished or otherwise affected for reasons of religion, political opinion, nationality, race or membership of a particular social group.”
7. 189 U.N.T.S. p. 137: Trb. 1951 No. 131.
8. Under Dutch extradition law a request for extradition from a foreign State is, generally, first submitted to the judge to obtain a judicial opinion (cf. Arts. 20–32 Extradition Act). Only if the Court considers extradition lawful will the Government decide whether or not to grant the request (cf. Art. 33).
9. Stb. 1887 No. 212. Art. 59 reads: “The King concludes and ratifies all treaties with foreign Powers. He communicates the contents of the treaties to the two Chambers of the States-General as soon as He deems that the interests of the State so allow …”
10. Stb. 1922 No. 736. Art. 58 reads: “…Other agreements with foreign Powers [including those which are not given the solemn form of a treaty] shall be communicated to the States-General as soon as possible.”
11. Cf. 1 N.Y.I.L. (1970) pp. 138–140.
12. Stb. 1963 No. 536.
13. I.e. Arts. 32 and 33 of the 1951 Geneva Convention on the Status of Refugees.
14. Convention on the Privileges and Immunities of the United Nations, 13 February 1946, 1 U.N.T.S. p. 16; Stb. 1947 No. H 452. Art. V (18) reads (in part): “officials of the United Nations shall (a)…(b) be exempt from taxation on the salaries and emoluments paid to them by the United Nations.”
15. General Act on State Taxes of 2 July 1959, Stb. 1959 No. 301, Art. 40: “When part of an income is received from an international organization and that part, by virtue of international legal provisions, is exempt from Dutch income tax levies, the income tax due on the remainder of the income will, except in so far as another method of calculation has been prescribed by those provisions, be the difference between the tax calculated without account being taken of the exemption and the tax which according to rules made by Our Minister should be ascribed to the exempted part of the income.”
16. With a note by P. den Boer. The decision has also been reviewed by H.F. Hofstra in 22 A.A. (1973) pp. 198–202.
17. Cf. the facts stated on p. 226 of 2 N.Y.I.L. (1971).
18. See 2 N.Y.I.L. (1971) pp. 226–231. Reviewed in Losbladig Fiscaal Weekblad FED, General Act on State Taxes: Art. 40(1) by A. Nooteboom.
19. Act of 16 September 1896. Stb. 1896 No. 156. Art. 152 (1) runs as follows: “All aliens whether plaintiffs or third parties are bound to give security for costs, damages and interests which they might be awarded at the request of the opposing party before this party must answer the complaint.”
20. See supra p. 392 n. 7.
21. 606 U.N.T.S. p. 267; Trb. 1967 No. 76.
22. Art 16(3) reads as follows: “A refugee shall be accorded in the matters referred to in paragraph 2 [inter alia exemption from cautio judicatum solvi] in countries other than that in which he has his habitual residence the treatment granted to a national of the country of his habitual residence.”
23. The six days' war is referred to.
24. The Court used the French text.
25. Trb. 1951 No. 131 p. 42. The Court used the French text.
26. Act of 22 March 1956, Stb. 1956 No. 137, Trb. 1957 No. 21. Art. 2 reads as follows: “It is approved that the declaration referred to in Art. 1(B) of the Convention, and made at the time of signature, is reaffirmed upon ratification.”
27. Art. 1(2). The Court used the French text.
28. Art. 1(A) (2). The Court used the French text.
29. Sec supra p. 398 n. 19.
30. Publikatieblad van de Nederlandse Antillen [Official Journal of the Netherlands Antilles] 1966. No. 17. Art. 19 reads as follows: “(1) The Lieutenant-Governor of the Island area where the person concerned is staying may remove from the Netherlands Antilles: (a) any person who, contrary to the legal provisions relating to admission and expulsion, has entered the country;”
31. Art. 147 penalises an attempt to undermine the armed forces in writing.
32. 213 U.N.T.S. p. 221; Trb. 1951 No. 154. For the terms of the Articles see “Held”.
33. Note by P.J. Boukema.
34. With a note by C. Bronkhorst.
35. Judgment of 25 March 1971.
36. Art. 6(3) (e): “Everyone charged with a criminal offence has the following minimum rights: …c. to defend himself in person or through legal assistance of his own choosing …;”
37. The Attorney-General (Procureur-Generaal) held a different opinion.
38. Proviiiciaal Blad van Zeeland (1970) No. 5. Art. 1 reads: “Owners or users of property shall not. in whole or in part, use such property, or allow it to be used, so as to be visible from a public road, a public waterway or any other public place in the open air, in any manner, with or without any movable property attached to or placed on it, for: (a)…(b) providing or bearing legends, notices and pictures in whatever form.”
Art. 2: “The prohibition in Art. 1 is not applicable to:…9. legends, notices and pictures intended for the expression of views or sentiments as referred to in Art. 7 of the Constitution.”
39. Art. 10: “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers …2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime,…”
40. With a note by W.F. Prins.
41. With a note by Jeukens, H.J.M., The decision was also reviewed in 26 De Nederlandse Gemeente (1972) p. 304Google Scholar and in Delikt en Delinkwent (1972) p. 151.
42. See supra p. 404 n. 38.
43. Stb. 1963 No. 536 Art. 7 reads: “No person shall require previous permission to publish views and sentiments in printed form, subject to any person's obligations under the law.”
44. Art. 6(3) (a) reads as follows: “Everyone charged with a criminal offence has the following minimum rights: a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;”
45. Art. 6(1): “In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time…”
46. For Art. 147, see supra p. 401 n. 31.
47. For Art. 10 see supra p. 404 n. 39.
48. Trb. 1958 No. 46. Art. 3(6) reads as follows: “The franc mentioned in this Article shall be deemed to refer to a unit consisting of sixty-five and a half milligrams of gold of millesimal fineness nine hundred. The amounts mentioned in paragraph (1) of this Article shall be converted into the national currency of the State in which limitation is sought on the basis of the value of that currency by reference to the unit defined above at the date on which the shipowner shall have constituted the limitation fund, made the payment or given a guarantee which under the law of that State is equivalent.”
49. With a note by G.J. Scholten.
50. Art. 740 d (4) reads: “The franc mentioned in paragraph 1 is the franc fixed at 65,5 mg. of gold of millesimal fineness 900. This franc shall be converted into Netherlands cunency in accordance with the daily price.”
51. S. & S. 1971-No. 48; 6 European Transport Law (1971) p. 505.Google Scholar
52. English translation quoted from 7 European Transport Law (1972) pp. 955–962 by kind permission of the Editors.Google Scholar
53. Art. 385 bis. Penal Code: “Any person who by force, threat thereof or intimidation seizes or exercises control of an aircraft or causes it to change its course, will be punished with imprisonment for not longer then twelve years….” This Article is incorporated into the Penal Code by Act of 31 March 1971 relating to punishment of forceable seizure or exercize of control of aircraft and of certain other acts or omissions which may endanger the safety and undisturbed operation of civil aviation, Stb. 1971 No. 166; cf. 2 N.Y.I.L. (1971) pp. 175, 264–266.
54. With a note by L.J. Hijmans van den Bergh.
55. Art. 38 contains general provisions for the encounter. Art. 39 provides for rules of conduct and signalling on the part of ships proceeding upstream when they encounter traffic proceeding downstream.
56. 59 B.F.S.P. p. 470; 20 De Martens N.R.G. p. 355; Trb. 1955 No. 161.