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Netherlands state practice during the parliamentary year 1970 - 1971 *)

Published online by Cambridge University Press:  07 July 2009

Ko Swan Sik
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Type
Section C: Documentation
Information
Netherlands Yearbook of International Law , Volume 3 , December 1972 , pp. 186 - 241
Copyright
Copyright © T.M.C. Asser Press 1972

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References

1. De Vijfentwintigste Zitting van de Algemene Vergadering der Verenigde Naties (Ministry for Foreign Affairs publication No. 98, 1971) pp. 480–481.Google Scholar

2. Bijl. Hand. II 1970/71 - 10977 No. 2.

3. De Vijfentwintigste Zitting etc. pp. 417–418. Cf. also the explanatory memorandum to the 1971 draft budget for Foreign Affairs, Bijl. Hand. II 1970/71–10900 V No. 1–3 p. 12.

4. De Vijfentwintigste Zitting etc. p. 201. Cf. also the Minister's reply to written questions, 29 October 1910, Aanh. Hand. II 1970/71 No. 200 p. 401, and the consultations between the Minister and the Parliamentary Standing Committee for Foreign Affairs, 20 October 1970, Bijl. Hand. II 1970/71–10900 No. 16.

5. De Vijfentwintigste Zitting etc. p. 281. See also 7 UNMC No. 10 p. 141, and the reply of the Minister for Foreign Affairs to written questions, 9 July 1971, Aanh. Hand. II 1971 No. 269 p. 54.

6. De Vijfentwintigste Zitting etc. pp. 215–216.

7. Statement in the Second Chamber, Hand. II 1970/71 p. 1744. Cf. also the reply of the Minister of Economic Affairs to written questions, 12 October 1970, Aanh. Hand. II 1970/71 No. 118 p. 237.

8. International Court of Justice, Uncorrected Verbatim Record 1971, C.R. 71/5 p. 8 ff. Cf. also the reply of the acting Minister tor Foreign Affairs to written questions, 3 March 1971, Aanh. Hand. II 1970/71 No. 798 p. 1605.

9. Reply of 5 April 1971, Aanh. Hand. II 1970/71 No. 951 pp. 1911–1912. Cf. also the same Minister's reply of 25 November 1970, Aanh. Hand. II 1970/71 No. 331 pp. 665–666.

10. See 2 NYIL. (1971) p. 175.

11. Article 8 para. 1 of the Convention for the Suppression of Unlawful Seizure of Aircraft, concluded at The Hague, 16 December 1970, 65 AJIL (1971) p. 440 ff., reads: “(1) The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between Contracting States. Contracting States undertake to include the offence as an extraditable offence in every extradition treaty to be concluded between them”.

12. Memorandum of Reply, 29 September 1970, Bijl. Hand. II 1970/71–10594 No. 7.

13. Statement of the Netherlands delegate in the Special Political Committee of the U.N. General Assembly, 27 October 1970, De Vijfentwintigste Zitting etc. p. 279.

14. Explanatory memorandum to the 1971 draft budget for Foreign Affairs, Bijl. Hand. II 1970/71–10900 V No. 1–3 p. 13.

15. See e.g. 1 NYIL (1970) p. 222.

16. See also 2 NYIL (1971) p. 167.

17. Text of the report is published in Bijl. Hand. II 1970/71–11249 No. 4.

18. Bijl. Hand. II 1970/71–11249 No. 3 pp. 6–7.

19. Reply to written questions, 15 February 1971, Aanh. Hand. I 1970/71 No. 39 p. 79.

20. Reply to written questions, 7 January 1971, Aanh. Hand. II 1970/71 No. 530 p. 1063.

21. Draft-articles 22–50, adopted by the International Law Commission at its 21st session, I.L.C. Yearbook 1969 Vol. II p. 207 ff.

22. Reading: “The premises of the permanent mission, their furnishings and other property thereon and the means of transport of the permanent mission shall be immune from search, requisition, attachment or execution”.

23. Reading: “2. The personal baggage of the permanent representative or a member of the diplomatic staff of the permanent mission shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the host State …”.

24. Reading: “1. The sending State, the permanent representative or another member of the permanent mission acting on behalf of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the permanent mission, whether owned or leased, other than such as represent payment for specific services rendered.

2.…”

25. Reading: “The permanent representative and the members of the diplomatic staff of the permanent mission shall be exempt from all dues and taxes, personal or real, national, regional or municipal, except:

…

(f) Registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property, subject to the provisions of article 26”.

26. Observations from the Netherlands, 13 October 1970, A/CN.4/238 pp. 8–16.

27. Draft Articles 51–116, adopted by the International Law Commission at its 22nd session, 1970. Text in ILC Yearbook 1970 vol. II p. 279.

28. Draft Art. 55 reads: “Subject to the provisions of Articles 56 and 60, the sending State may freely appoint the members of the permanent observer mission”.

29. Observations from the Netherlands, 9 March 1971, A/CN.4/240/Add. 3 p. 12.

30. Bijl. Hand. I 1970/71 No. 22a.

31. Memorandum of reply of 29 September 1970, Bijl. Hand. II 1970/71–10594 No. 7.

32. Statement of 2 December 1970, Hand. II 1970/71 pp. 1487–1488.

33. Text in 65 AJIL (1971) p. 440 ff.

34. The Minister here refers to Book One, Title I, of the Penal Code, comprising Articles 1 to 8, and entitled: Scope and Applicability of the Penal Law.

35. Statement of 30 March 1971, Hand. I 1970/71 pp. 925–926.

36. Trb. 1964 Nos. 117 and 118.

37. Reading: “1. Each Contracting State undertakes to incorporate into its own legislation, in accordance with its constitutional procedure, not later than the date of the entry into force of the present Convention in respect of that State, the Uniform Law on the International Sale of Goods (hereinafter referred to as ‘the Uniform Law’) forming the Annex to the present Convention.

2. Each Contracting State may incorporate the Uniform Law into its own legislation either in one of the authentic texts or in a translation into its own language or languages.

3. Each Contracting State shall communicate to the Government of the Netherlands the texts which it has incorporated into its legislation to give effect to the present Convention.

38. Bijl. Hand. II 1970/71 - 9817 (R 666) No. 9 p. 4.

39. Reading: “By way of derogation from Article I of the Uniform Law, any State may, at the time of the deposit of its instrument of ratification of or accession to the present Convention declare by a notification addressed to the Government of the Netherlands that it will apply the Uniform Law only if each of the parties to the contract of sale has his place of business or if he has no place of business, his habitual residence in the territory of a different Contracting State, and in consequence may insert the world “Contracting” before the word “States” where the latter word first occurs in paragraph I of Article 1 of the Uniform Law.

40. Memorandum of reply, 27 January 1971, Bijl. Hand. II 1970/71 9817 (R 666) No. 9 p. 4.

41. Ibid.

42. Reading: “Any person who intentionally raises a fire, or causes an explosion or inundation will be punished with …”

43. Statement in the Second Chamber, 2 December 1970, Hand. II 1970/71 p. 1489.

44. Of 4 March 1968, A/AC. 135/1 pp. 22–25.

45. A/AC.138/SR.58 pp. 22–27.

46. Mimeographed text.

47. Mimeographed text.

48. Mimeographed text.

49. See 1 NYIL (1970) p. 152; 2 NYIL (1971) p. 177.

50. Memorandum of reply to the first Chamber, Bijl. Hand. I 1970/71 No. 173a.

51. See also the preliminary working paper submitted by Afghanistan, Austria, Belgium, Hungary, Nepal, Netherlands and Singapore, in the Sea-bed Committee, A/AC.138/55, of 19 August 1971.

52. Convention of 12 November 1965, Trb. 1966 No. 201.

53. Regulations of 21 December 1959, Trb. 1961 No. 115.

54. Trb. 1965 No. 92.

55. Paragraph 422 reads: “The establishment and use of broadcasting stations (sound broadcasting and television broadcasting stations) on board ships, aircraft or any other floating or airborne objects outside national territories is prohibited”. Paragraph 962 reads: “The operation of a broadcasting service by mobile stations at sea and over the sea is prohibited”.

56. Articles 2 and 3 read:

“2. (1) Each Contracting Party undertakes to take appropriate steps to make punishable as offences, in accordance with its domestic law, the establishment or operation of broadcasting stations referred to in Article 1, as well as acts of collaboration knowingly performed.

(2) The following shall, in relation to broadcasting stations referred to in Article 1, be acts of collaboration:

(a) the provision, maintenance or repairing of equipment;

(b) the provision of supplies;

(c) the provision of transport for, or the transporting of, persons, equipment or supplies;

(d) the ordering or production of material of any kind, including advertisements, to be broadcast;

(e) the provision of services concerning advertising for the benefit of the stations.

3. Each Contracting Party shall, in accordance with its domestic law, apply the provisions of this Agreement in regard to:

(a) its nationals, who have comitted any act referred to in Article 2 on its territory, ships or aircraft, or outside national territories on any ships, aircraft or any other floating or airborne object;

(b) non-nationals who, on its territory, ships or aircraft, or on board any floating or airborne object under its jurisdiction have committed any act referred to in Article 2.

57. See for this bill, infra.

58. Memorandum of 30 June 1971, Bijl. Hand. II 1971 - 11373 No. 3 p. 2.

59. Stb. 1904 No. 7.

60. Bijl. Hand. II 1971–11374 No. 2.

61. See supra, n. 34.

62. Bijl. Hand. II 1971–11374 No. 3 p. 4.

63. Reading: “In the event of a collision or any other incident of navigation concerning a seagoing ship and involving the penal or disciplinary responsibility of the master or of any other person in the service of the ship, criminal or disciplinary proceedings may be instituted only before the judicial or administrative authorities of the State of which the ship was flying the flag at the time of the collision or other incident of navigation”.

64. Reading: “Nothing contained in this Convention shall prevent any State from permitting its own authorities, in cases of collision or other incidents of navigation, to take any action in respect of certificates of competence or licences issued by that State or to prosecute its own nationals for offences committed while on board a ship flying the flag of another State”.

65. Reading: “The Netherlands penal law is applicable to any Netherlands citizen who commits one of the following offences or acts outside the European part of the Realm: …”

66. Art. 2(1) (f) reads: “The provisions of this Act apply to vessels belonging to the Netherlands (in Nederland thuis behoiende) and destined or used for voyage purposes, except:

a. …

…

f. vessels sailing under a foreign flag and not fulfilling the requirements of section 2 para. II”. Art. 2(2) (II) reads: “For the application of section one a vessel is deemed to belong to the Netherlands in the following two cases:

I.…

II. if it is fitted out in the Netherlands and if its crew consists for at least 50 per cent of Dutch nationals or residents of the Realm”.

67. Reading: “This Convention does not apply to collisions or other incidents of navigation occurring within the limits of a port or in inland waters.

Furthermore the High Contracting Parties shall be at liberty, at the time of signature, ratification or accession to the Convention, to reserve to themselves the right to take proceedings in respect of offences committed within their own territorial waters”.

68. Reading: “The Netherlands penal law is applicable to anybody who commits a penal offence in the territory of the European part of the Realm”.

69. Explanatory note from the Minister of Justice and the Minister for Foreign Affairs, Bijl. Hand. II. 1970/71–11266 (R 791) No. 1; also in Bijl. Hand. I 1970/71 No. 212.

70. Aanh. Hand. II 1971 No. 412 p. 829.

71. Aanh. Hand. II 1971 No. 417 p. 839.

72. Aanh. Hand. II 1971 No. 412 p. 829.

73. See 2 NYIL, (1971) pp. 180–181.

74. Text in Trb. 1971 No. 53. English translation in 10 ILM (1971) p. 607 ff.

75. Trb. 1963 No. 119.

76. Explanatory Memorandum from the Minister for Foreign Affairs a.i. and the Minister of Economic Affairs, Bijl. Hand. II 1971–11314 No. 3.

77. G.A. Resolution 268 (III) A of 28 April 1949; also in Trb. 1966 No. 240.

78. Such was possible under Art. 38 sect. B.

79. Note of 3 March 1971, Bijl. Hand. II 1970/71–11202 (R 780) No. 1.

80. Statement of 29 October 1970, De Vijfentwintigste Zitting etc. p. 490.

81. Reply to written questions, 25 November 1970, Aanh. Hand. II 1970/71 No. 330, p. 663. Cf. also, about the delivery of one Fokker aircraft, the questions and reply in Aanh. Hand. II 1971 No. 142 p. 287.

82. Memorandum from the Minister for Foreign Affairs and the Minister of Finance, 15 December 1970, Bijl. Hand. II 1970/71–11076 No. 3. Cf. also the Note from the same Minister of 4 May 1971, Bijl. Hand. II 1970/71–11076 No. 5.

83. CCD/PV 512 pp. 9–10.

84. Ibid. pp. 14–15.

85. CCD/PV 502 p. 9.

86. CCD/PV 525 p. 6.

87. Aanh. Hand. II 1970/71 No. 47 p. 95.

88. Reply to written questions, 23 September 1970, ibid. p. 95.

89. Explanatory memorandum to the 1971 draft budget for Foreign Affairs, Bijl. Hand. II 1970/71–10900 V No. 3 p. 19.

90. Convention of 19 February 1971, Trb. 1971 No. 95.

91. Bijl. Hand. II 1970/71–11352 No. 1.

92. Trb. 1964 No. 43.

93. Trb. 1966 No. 194.

94. Trb. 1966 No. 216.

95. Trb. 1969 No. 226.

96. Agreement of 26 April 1965, Trb. 1965 No. 173.

97. Agreement of 12 June 1965, Trb. 1965 No. 168.

98. Agreement of 6 July 1965, Trb. 1965 No. 208.

99. Agreement of 22 August 1970, Trb. 1970 No. 168.

100. Agreement of 14 April 1970, Trb. 1970 No. 77.

101. Cf. explanatory memorandum to the 1967 draft budget for economic affairs. Bijl. Hand. II 1966/67–8800 XIII No. 2 p. 37.

102. See the Explanatory Note by letter of 1 June 1971, Bijl. Hand. II 1971–11350 (R 809) No. 1.

103. Agreement of 7 July 1968, Trb. 1970 No. 88.

104. Agreement of 24 April 1970, Trb. 1970 No. 87.

105. Agreement of 11 September 1970, Trb. 1970 No. 166.

106. Agreement of 15 June 1971, Trb. 1971 No. 152.

107. See on the question of whether such a co-operation agreement should be concluded with Chile: Aanh. Hand. II 1970/71 No. 482 p. 967, and No. 596 p. 1199.

108. 5th session, 72nd meeting, 23 March 1971, UNCTAD doc. TD/B/C.4/SR 72 pp. 8–9.

109. 5th session, 75th meeting, 24 March 1971, UNCTAD doc. TD/B/C.4/SR 75 p. 22.

110. G.A. Resolution 2626 (XXV).

111. Statement in the First Chamber, 31 March 1971, Hand. I 1970/71 pp. 931–2.

112. Ibid. p. 934.

113. See also 1 NYIL (1970) p. 184.

114. Statement of 19 November 1970 in the Second Chamber, Hand. II 1970/71 p. 1148.

115. Memorandum of reply, 18 March 1971, Bijl. Hand. II 1970/71 No. 6 p. 4.