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Published online by Cambridge University Press: 07 July 2009
1. Bijl Hand. II 2000/2001 – 26262 No. 9, pp. 3–5.
2. Bijl. Hand. II 2000/2001 – 26691 en 22588 No. 42, pp. 1–2.
3. Bijl.Hand. I 2000/2001 – 27484 (R 1669) No. 237 c, pp. 6–7.
4. Bijl.Hand. II 2000/2001 – 26301 No. 36, pp. 2–7.
5. For the relationship between the European Convention on Nationality and the Netherlands Nationality Act as described in a Letter of the State Secretary for Justice, see 32 NYIL (2001) pp. 155–161.
6. Hand. II 2000/2001 No. 21, pp. 1666 en 1667.
7. European regulations have direct effect and do not require implementation.
8. However, there can be no right of residence without a visa.
9. Bijl.Hand. II 2000/2001 26106 No. 4, p.2; pp. 5–10.
10. Bijl.Hand. I 2000/2001 26732 and 26975 No. 5b, pp. 27–32.
11. Bijl.Hand. II 2000/2001 19637 No. 550.
12. Bijl.Hand. II 2000–2001, 19637 No. 588.
13. Bijl.Hand. II 2000/2001, 19637 No. 602, pp. 9–10.
14. Bijl.Hand. II 2000/2001, 21501–20 No. 136.
15. Bijl.Hand. II 2000/2001, 27407 No. 8.
16. The Netherlands was a member of the UN Security Council from 1999 to 2000.
17. The Netherlands organised three seminars on this matter, in Scheveningen (in November 1999), Noordwijk (April 2000) and New York (November 2000). A memorandum on these seminars which the government promised the House of Representatives of the States General is due to be published shortly.
18. Report of the Panel of United Nations Peace Operations (A/55/3–5 – S/200/809).
19. These conditions can generally be described as encompassing international standards of justice, fairness and the due process of law.
20. During the Cold War, human rights played a role in the ideological struggle between the two rival power blocs. Whereas the West stressed the importance of rights and freedoms under the International Covenant on Civil and Political Rights, the Eastern bloc sought to describe the achievements of Communism as representing the fulfilment of economic, social and cultural rights.
21. Basically, civil and political rights are said to be characterised by the fact that they are binding on all citizens and enforceable by law, and at the same time associated with a ‘negative’ obligation on the State not to interfere with individual rights and liberties. Economic, social and cultural rights, on the other hand, may be construed as a ‘positive’ obligation on governments to do their utmost to promote the well-being of their citizens; they are not, however, enforceable by law.
22. This is why there is every reason for maintaining a critical attitude towards countries that focus solely on economic, social and cultural rights in international fora, and thus seek to draw attention away from their poor record on the enforcement of civil and political rights.
23. The concepts of empowerment and inclusive development are also relevant in this context.
24. See for example, the UNDP Human Development Report 2000.
25. Letter of 12 March 2001 (ref. DAO/0235–01) from the Minister of Foreign Affairs to the House of Representatives of the States General on the current state of the EU-China human rights dialogue.
26. The Minister of Foreign Affairs postponed his official visit to China that had been planned for February 2001, as he was not prepared to accede to the Chinese demand that he cancel a planned meeting in Hong Kong between the Human Rights Ambassador and representatives of 11 non-governmental organisations, including members of the Falun Gong.
27. Bijl.Hand. II 2000/2001 27742 No. 2, pp. 5–8; pp. 9–10.
28. New York, 4 August 1995, Trb. 1996 No. 277.
29. Bijl.Hand. II 2000/2001 27892 (R1693) No. 3, pp. 17–18; p. 19.
30. “The conduct of an organ of an insurrectional movement which is established in the territory of a State or in any other territory under its administration shall not be considered as an act of that State under international law.”
31. “Subject to paragraph 2, and on the basis of the rules of international law in force, an international crime may result, inter alia, from:
(a) a serious breach of an international obligation of essential importance for the maintenance of international peace and security, such as that prohibiting aggression; (b) a serious breach of an international obligation of essential importance for safeguarding the right of self-determination of peoples, such as that prohibiting the establishment or maintenance by force of colonial domination; (c) a serious breach on a widespread scale of an international obligation of essential importance for safeguarding the human being, such as those prohibiting slavery, genocide and apartheid; (d) a serious breach of an international obligation of essential importance for the safeguarding and preservation of the human environment, such as those prohibiting massive pollution of the atmosphere or of the seas.”
32. “Where an internationally wrongful act of a State is an international crime:
(a) an injured State's entitlement to obtain restitution in kind is not subject to the limitations set out in subparagraphs (c) and (d) of article 43;
(b) an injured State's entitlement to obtain satisfaction is not subject to the restriction in paragraph 3 of article 45.”
Art. 43, subparagraphs (c) en (d) read:
“The injured State is entitled to obtain from the State which has committed an internationally wrongful act, restitution in kind, that is, the establishment of the situation which existed before the wrongful act was committed, provided and to the extent that restitution in kind:
(a) …
(b) …
(c) would not involve a burden out of all proportion to the benefit which the injured State would gain from obtaining restitution in kind instead of compensation; or
(d) would not seriously jeopardize the political independence or economic stability of the State which has committed the internationally wrongful act, whereas the injured State would not be similarly affected if it did not obtain restitution in kind.”
Article 45, paragraph 3 read:
“The right of the injured State to obtain satisfaction does not justify demands which would impair the dignity of the State which has committed the internationally wrongful act.”
33. Also mentioned Article by Article in A/CN.4/515 of 19 March 2001. The observations were based on the Advisory report of the Advisory Committee on Issues of Public International Law of 19 January 2001, published in Jaarverslag 2001 van de Commissie van advies inzake volkenrechtelijke vraagstukken, annex 1, pp. 1–14Google Scholar (see also www.buza.nl). The Advisory report was nearly unchanged adopted by the Minister of Foreign Affairs (see Bijl. Hand. II, 2000–2001, 27400 V, No. 60 and Jaarverslag 2001, p. 2).
34. The answers were based on the Advisory report of the Advisory Committee on issues of public international law of 19 January 2001, published in Jaarverslag 2001 van de Commissie van advies inzake volkenrechtelijke zaken, annex 2, pp. 1–3 (see also www.buza.nl). The Advisory report was adopted by the Minister of Foreign Affairs with two exeptions. They are mentioned in Bijl. Hand. II. 2000–2001, 27400 V No. 61 and Jaarverslag 2001, pp. 2–3.
35. Aanh.Hand. II 2000/2001 No. 995 pp. 2073–2074.
36. Aanh.Hand. II 2000/2001 No. 1473 pp. 3067–3068.
37. Bijl.Hand. II 2000/2001 27726 No. 3, pp. 1–2.
38. Bijl.Hand. II 2000/2001 27484 (R 1669) No. 3, pp. 6–10.
39. Bijl.Hand. II 2000/2001 27484 (R 1669) No. 6, pp. 2; 5; 7; 11; 16–18; 21–22; 23; 28–29; 30–37: 49; 51–52.
40. Bijl.Hand. II 2000/2001 23591 and 26454 No. 7, pp. 2–3; 5–6.
41. Hand. II 2000/2001 No. 14, pp. 975–976, 977–978.
42. New York 9 December 1994, Trb. 1996 No.62.
43. Bijl.Hand. I and II 27454 (R 1668) Nos. 41 and 1.
44. Bijl.Hand. II 2000/2001 27477 No. 2, pp. 8–9; 10.
45. Bijl.Hand. II 2000/2001 22054 and 26085 No. 58, p. 9.
46. Cf., Jaarverslag 2000 van de Commissie van advies inzake volkenrechtelijke vraagstukken, 2001, annex 2, 13 pp. (see also: www.buza.nl).Google Scholar
47. Bijl.Hand. II 2000/2001 27400 V No. 56, p. 1.
48. Aanh.Hand. II 2000/2001 No. 1564 pp. 3263–3264.
49. Hand. II 2000/2001 No. 4, p. 201.
50. Trb. 2000 No. 34.
51. Hand. II 2000/2001 No. 79, pp. 5073; 5076–5077.