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Netherlands municipal legislation involving questions of public international law, 1996*
Published online by Cambridge University Press: 07 July 2009
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- Copyright © T.M.C. Asser Press 1997
References
1. Stc. (23 February 1996) No. 40, p. 1.
2. See 27 NYIL (1996) pp. 297–298.
3. OJ (1994) No. L 368 p. 38.
4. The Act took effect on 17 July 1996.
5. Art. 1 reads: ‘All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, sex or any other grounds whatsoever shall not be permitted.’
6. A Royal Decree of 18 August 1994 (Stb. 1994 No. 657) defines when these grounds exist (Equal Treatment Decree). Article 3 mentions in respect of nationality the composition of local and national sports teams.
7. The Act took effect on 1 September 1994 (Art. 34).
8. 20 NYIL (1989) pp. 275–276.
9. Stb. 1994 No. 770.
10. 24 NYIL (1993) p. 332.
11. Trb. 1974 No. 51.
12. The Decree took effect on 12 January 1996.
13. 20 NYIL (1989) pp. 275–276.
14. Stb. 1989 No. 502. This Decree was the first to break with the tradition of converting the International Provisions into national law and publishing them in the Bulletin of Acts and Orders (Stb). According to the Explanatory Memorandum, the International Provisions could be treated as provisions binding on all persons within the meaning of Article 93 of the Constitution. Article 1 of the Decree indicated that the International Provisions applied in the territorial sea only seawards of the line laid down in Article 4. Article 4 reads: ‘1. The line referred to in Article 1, paragraph 1, runs along the south-west border of the Eems estuary as described in the Eems-Dollard Treaty (Trb. 1960, 69) to the point where it is intersected by the line that runs from the Grote Kaap on the island of Schiermonnikoog (53°32'.7N, 06°34'.7 E) through the lighthouse on Schiermonnikoog (53°29'.7N, 06°08'.9 E) to the Oostkaap on the island of Ameland (53°27'.8, 06°08'.9 E), thence to the lighthouse on Ameland (53°27'.E N, 05°37'.6 E), thence to the Noordkaap on the island of Terschelling (53°26'.6 N, 05°32'.8 E), thence to the Brandaris lighthouse on Terschelling (53°21'.7 N, 05° 12'.8 E), thence to the Vuurduin lighthouse on the island of Vlieland (53°17'.8 N, 05°03/6 E), and thence from post 35SW on Vlieland (53°13'.3 N, 04°52'.2 E) to the Eierland lighthouse on the island of Texel (53°ll'.O N, 04°51'.4 E), then from the Onrust Z post on Texel (52°59'.6 N, 04°43'.7 E), to the Kijkduin lighthouse at Den Helder (52°57'.4 N, 04°43'.7 E), and thence along the coastline of the provinces of North and South Holland and the coastline of the Maasvlakte, Voorne, Goeree, Schouwen, Noord-Beveland and Walcheren – and of the dams between them – until the point at which the coastline of Walcheren intersects the line drawn through the church towers of Aagtekerke and Domburg, and thence to position 51°37'.O N, 03° 27'.2 E, thence to position 51°35'.6 N, 03°23'.3 E, thence to position 51°34'.O N, 03°22'.2E, thence to 51°24'.7 N, 03°17'.9 E. and thence to border post 369 on the border between the Netherlands and Belgium. The line runs through the piers of the ports.’ Landwards of this line the waters are governed by the Inland Waterways Police Regulations (as last amended by royal Decree of 27 February 1996 (Stb. 1996 No. 170), by Ministerial Order of 7 May 1996 published in full in Stb. 1996 No. 250). The coordinates of this line do not in fact agree with those of the baseline of the territorial sea as shown in Stb. 1985 No. 129, 17 NYIL (1986) p. 244. The baselines lie more seawards than the line described in Article 4. It should be noted that under Article 2 of the Decree, the Dutch translation of the International Provisions as published in the Dutch Treaty Series (Trb.) is applicable.
15. Article 2 (d) defines an approach area as an area defined in appendix 1. The areas are also shown on a map, see p. 311.
16. Article 1 indicates that the Decree applies to the part of the territorial sea situated seawards of the line defined in the Decree of 7 November 1989 (see above n. 14), except for the part of the territorial sea that is allocated to municipalities. The areas up to about 1 km outside the baseline of the territorial sea were allocated to the coastal municipalities by Act of 2 November 1990 regulating the provincial and municipal boundaries along the North Sea coast from the municipality of Den Helder to the municipality of Sluis (Stb. 1990, No. 553). This Act took effect on 19 December 1990 (Stb. 1990 No. 594).
17. The Act took effect on 25 April 1997 for the Arts. 1–4, 6, 7, 9, 11, 13, 15–17, 19, 20, 23(A)(2) and (B) and 28 (Stb. 1997 No. 165).
18. Trb. 1994 No. 41.
19. Trb. 1975 No. 147.
20. Stb. 1988 No. 112.
21. See Explanatory Memorandum pp. 6–8.
22. Act of 14 May 1981, Stb. 1981 No. 294, see 13 NYIL (1982) p. 313.
23. Trb. 1994 No. 101. Approved by Kingdom Act of 26 June 1996, Stb. 1996, No. 460.
24. Trb. 1973, No. 101.
25. Trb. 1994 No. 229. Approved by Kingdom Act of 26 June 1996, Stb. 1996 no. 460.
26. Trb. 1970 No. 196.
27. Stb. 1976 No. 32, see 7 NYIL (1976), p. 372 and Stb. 1981, No. 64, see 13 NYIL (1982) pp. 312–313.
28. This Act and the Act of 26 June 1996 took effect on 15 November 1997 (Stb. 1997 No. 167).
29. The Decree took effect on 1 March 1997 (Stb. 1997 No. 57).
30. Trb. 1995 No. 158.
31. Royal Decree of March 1986, Stb. 1986 No. 160, see 18 NYIL (1987) p. 348.
32. Royal Decree of 17 March 1988, Stb. 1988 No. 112.
33. OJ 1994, No. L 164, p. 3.
34. See Explanatory Memorandum to the Act of 26 March 1996, Stb. 1996, No. 212, p. 21.
35. Stb. 1996, No. 199. The Act will take effect on a date yet to be set.
36. The Act of 26 March 1996 will take effect on a date yet to be set.
37. The Decree took effect on 1 January 1995.
38. Cf., Stb. 1996 No. 127 p. 5.
39. The Decree entered into force on 6 March 1996. On the same date the old Decree was withdrawn.
40. By Resolution of 18 May 1994 (protocol 1994–1–23).
41. Cf., p. 5. of the Explanatory Memorandum to the Act.
42. Stc. (6 December 1995) No. 237 p. 12.
43. See 25 NYIL (1994) p. 504.
44. Stc. (7 February 1994) No. 26, p. 12. The main function of this Ministerial Order was to regulate exemptions in respect of the payment of salaries, taxes, social security contributions and pensions to persons from Serbia and Montenegro who were or had been in the service of companies or institutions based in the Netherlands (but not where these people were residing in Serbia or Montenegro). It also covered dispensations under the Sanctions Decree and payments to the Dutch Embassy in Belgrade in so far as they were intended for the work of the Embassy.
45. The Explanatory Memorandum also contained a warning to credit institutions that they should ascertain their legal position if they had to handle orders in respect of assets which, according to their books, belonged to the Socialist Federal Republic of Yugoslavia, including assets of the National Bank of Yugoslavia. There was no agreement about the legal succession of the Republic or about the division of its assets or those of the Bank.
46. Stc. (3 January 1996) No. 2, p. 6.
47. See 24 NYIL (1993) pp. 332–33 and 25 NYIL (1994) p. 504.
48. Stc. (2 October 1996) No. 190, p. 2.
49. Stc. (26 April 1996) No. 82, p. 30.
50. 27 NYIL (1996) p. 309.
51. Stb. 1963 No. 128. For the most recent amendment, see 26 NYIL (1995) p. 323.
52. OJ (1994) No. L 367/8.
53. The Royal Decree took effect on 24 April 1996.
54. OJ (1996) No. L 367/1.
55. The Act took effect on 22 May 1996.
56. The Act took effect on 18 October 1996.
57. Royal Decree of 18 March 1991, Stb. 1991 No. 123. The Decree replaced the Iraq/Kuwait Import and Export Order of 8 August 1990, 22 NYIL (1991) p. 371. The Order had already been amended on 8 March 1991 when the embargo against Kuwait was lifted, Stc (8 March 1991) No. 48, p. 8. Also amended on the same day were the Iraq and Kuwait Sanctions Order on Trade, Air Traffic and Shipping 1990 and the Iraq and Kuwait Sanctions Order on International Payments and Financial Services. For these Orders, see 22 NYIL (1991) p. 371.
58. The Decree took effect on 19 January 1996 with retroactive effect from 1 January 1996.
59. Trb. 1993, No. 162. The Convention was approved by Act of 8 June 1995, Stb. 1995 No. 316. The Convention came into force (both generally and for the Netherlands) on 29 April 1997, Trb. 1997 No. 136.
60. Bijl. Hand. II 1994/1995 – 23911, No. 3, p. 3.
61. Cf., Explanatory Memorandum to the Act approving the Convention, Bijl. Hand. II 1994/1995 – 23910 No. 3, p. 3. The Government noted there that in its view the Convention and the Annexes do not apply directly to natural and legal persons, but should be incorporated in national legislation and regulations pursuant to Article VII (1) of the Convention. This means that Articles 93 and 94 of the Constitution, which concern provisions binding on all persons, are not relevant, although the final decision on this in specific cases is a matter for the courts.
62. Bijl. Hand. II 1994/1995 23911 – No. 3, p. 5.
63. Bijl. Hand. II 23911 – No. 3, p. 1. The designation was made by Royal Decree of 22 December 1996 containing rules implementing chapter 2 of the Act implementing the Chemical Weapons Convention (Chemical Weapons Convention Implementation Treaty) (Stb. 1997 No. 15). The Decree was amended by Order of 22 April 1997 (Stb. 1997 No. 179). The (altered) Decree entered into force on 30 April 1997 (Stb. 1997, No. 180). The complete new text of the Decree was published in Stb. 1997 No. 181.
64. According to the Explanatory Memorandum, Bijl. Hand. II 1994/1995 23911 – No. 3, p. 2.
65. This was done by Royal Decree of 22 December 1996, see supra n. 63.
66. Bijl. Hand. II 23911 – No. 3, pp. 2 and 6.
67. Bijl. Hand. II 1994/1995 23911 – No. 3, p. 6.
68. Bijl. Hand. II 1994/1995 23911 – No. 3, p. 8.
69. Bijl. Hand. II 1994/1995 23911 – No. 3, p. 2.
70. 23 NYIL (1992) pp. 433–434.
71. The Act came into force on 30 April 1997 (Stb. 1997 No. 180).
72. 12 NYIL (1981) pp. 295–296.
73. Bijl. Hand. II 1993–1994 23484 – No. 3 p. 3.
74. Ibid pp. 10–11.
75. For the new Financial Transactions Strategic Goods Decree 1996, see infra.
76. Bijl. Hand. II 1993–1994, 23484 – No. 3, pp. 11–13.
77. See 13 NYIL (1982) pp. 314–315.
78. Although it in principle concerned an amendment to the 1981 decree, the 1981 Decree was repealed for practical reasons and replaced by the present Decree. The 1996 Decree came into force on 15 November 1996.