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Netherlands municipal legislation involving questions of public international law
Published online by Cambridge University Press: 07 July 2009
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- Copyright © T.M.C. Asser Press 1982
References
1. Trb. 1981 No. 155.
2. See, for the related documents, 20 ILM (1981) p. 224 et seq.
3. By Royal Decree of 9 July 1981 (Stb. 1981 No. 454) the Nederlandsche Bank [Bank of the Netherlands] was authorized to found the new bank.
4. Trb. 1981 No. 163.
5. By Act of 8 September 1976 (Stb. 1976 No. 465), see 8 NYIL (1977) p. 325.
6. Nationality Act of 1892, as amended.
7. Stb. 1977 No. 70. See 9 NYIL (1978) p. 383. The 1977 Decree was implemented by the State Secretary of Justice in her Decree of 23 March 1979 No. 127/179 (Stc. 1979 No. 65).
8. The provision on naturalization fees in the Decree of the State Secretary referred to in the preceding footnote was consequently withdrawn. See Stc. 1981 No. 20 p. 2.
9. Royal Decree of 19 September 1966 (Stb. 1966 No. 387) for the implementation of the Aliens Act. See 1 NYIL (1970) pp. 247–67 passim.
10. See the implementation legislation based on the concept of nationality: Regulations 1612/68 and 1251/70, Directives 64/221 and 68/360.
11. See also Hartley, T.C., EEC Immigration Law (1978) p. 64Google Scholar. In essence, this Declaration excluded from the scope of the EEC Treaty those citizens of the UK and Colonies or British subjects who did not have the right of abode in the UK.
12. The Explanatory Note has been published with the text of the Decree in Stb. 1981 No. 30.
13. Stb. 1971 No. 96; see 4 NYIL (1973) p. 432.
14. Compare the new text, infra, with the original text, loc. cit., in preceding footnote.
15. Instead of the former “discriminates against” [achterstelt].
16. The following words from the 1971 text are now deleted: “when proffering goods or services or when fulfilling an offer”.
17. See 10 NYIL (1979) p. 435.
18. Simultaneously with the three Decrees referred to in the main text, the State Secretary of the Interior published a list of international agreements to which the Netherlands is a party and which contain tax-exemption clauses relevant to the levying of municipal taxes. See the same Nederlandse Staatscourant.
19. See also Maas Geesteranus, G.W., “The Netherlands and the status of diplomatic, consular, and international officials”, in van Panhuys, H.F. et al. , eds., International Law in the Netherlands, vol. 3 (1980) pp. 237-85, at p. 260.Google Scholar
20. 199 UNTS p. 67.
21. Trb. 1979 No. 159.
22. See Maas Geesteranus, loc. cit. in n. 19, at pp. 261–2.
23. Act of 25 July 1871 (Stb. 1871 No. 91), as amended.
24. Royal Decree of 15 September 1956, Stb. 1956 No. 484.
25. The whole matter is covered by Art. 5.3.6 of the draft for a new Civil Code which reads: “Within the limits set by international law the seabed is the property of the State”.
The Government wished to put an end to the uncertainty with regard to the question whether such rights of ownership already exist. See the Explanatory Memorandum to the Bill, which has now become the present Act, Bijl. Hand. 1979/80 – 15819 No. 3.
26. Cf., with regard to seabed deposits, the North Sea Seabed Deposits Act, 1974, see 6 NYIL (1975) p. 411 et seq.
27. An express reference was deemed to be superfluous: roadsteads are either part of the territorial sea or part of the “navigable streams and rivers” already listed.
28. Act of 5 November 1948 (Stb. 1948 No. I.492), which was the municipal implementation of the Convention of Oslo of 10 June 1947, for a Uniform System of Tonnage Measurement of Ships.
29. Convention of London, 23 June 1969, Trb. 1970 No. 122.
30. Para. 1 of Art. 311 of the Commercial Code defines Dutch sea vessels as “those which (a) belong to Netherlands nationals or (b) belong, for at least two-thirds, to Netherlands nationals and for the remaining part to residents of the Realm, provided that the accountant, if any, is a Netherlands national resident in the Netherlands”. Paras. 2 and 3 deal with the various categories of corporations which are deemed to be Netherlands nationals (para. 2) and Netherlands residents (para. 3). Finally, para. 4 prescribes that, in any case, the shipping enterprise in question must have its seat in the Netherlands.
31. Royal Decree of 5 August 1965, Stb. 1965 No. 367.
32. Viz., Articles 3, 4 bis, 5, 9 (all dealing with safety), 17 (supervision), 66 (penal sanctions) and 73 (authorizing the Crown to provide for adequate implementing rules).
33. Act relating to the prevention of shipping accidents and the institution of investigations into shipping accidents, and to disciplinary measures against captains, navigators, and engineers of 1 July 1909 (Stb. 1909 No. 219), as amended. Modified text re-published in Stb. 1932 No. 86.
34. Royal Decree of 16 February 1981, Stb. 1981 No. 67.
35. London, 17 February 1978, Trb. 1978 No. 189.
36. See supra, n. 33.
37. Trb. 1972 No. 44.
38. Trb. 1978 No. 72.
39. 12 NYIL (1981) p. 291.
40. See 7 NYIL (1976) p. 372.
41. Trb. 1980 No. 1.
42. Trb. 1970 No. 196.
43. Trb. 1973 No. 101.
44. 7 NYIL (1976) p. 372.
45. Royal Decree of 8 March 1965 on Rules relating to the Prevention of Collisions on Navigable Public Waterways within the Realm, Stb. 1965 No. 133.
46. Decree of 28 August 1926, Stb. 1926 No. 317.
47. Art. 1 para. 1 of the 1965 Regulations.
48. See the Explanatory Note to the 1965 Navigation Regulations, Stb. 1965 p. 271.
49. The 1965 navigation rules have recently been modified in connection with, and in order to be accommodated to the preparatory work on the new, 1981, Western Scheldt Navigation Rules. For the modification concerned, see Royal Decree of 13 October 1981, Stb. 1981 No. 647.
50. The Special Collisions Regulations for the Western Scheldt (Bijzonder Aanvaringsreglement Westerschelde) of 14 August 1924, Stb. 1924 No. 419, as amended, and the Inland Waterways Collisions Regulations, referred to above, n. 46.
51. In its preamble, the Decree refers to the Crown's view that the present rules are necessary in the interests of the international legal order. This places the present Decree within the context of the 1962 Import and Export Act. See 8 NYIL (1977) pp. 331–2.
52. Stb. 1963 No. 128, as amended. See loc.cit. in the preceding footnote, particularly n. 20.
53. I.e., 1 May 1981. See infra, 16.32, p. 318.
54. See 12 NYIL (1981) p. 293.
55. Id., n. 14: The present Royal Decree is substituted for the Ministerial Decree of 26 August 1980.
56. See the Explanatory Note to the present Decree, Stb. 1981 No. 351 p. 3.
57. 12 NYIL (1981) p. 292. The Decrees supersede two earlier Ministerial Decrees which were issued pending the present Royal Decree. See 12 NYIL (1981) p. 292 n. 9.
58. Text in Trb. 1979 No. 37 p. 73. At the time of the resolution a municipal legislative basis for its implementation was lacking, so that the Government could do no more than resort to gentlemen's agreements with the Dutch Shipping Organization, the Dutch air transport companies, and the manufacturing companies concerned (See the Explanatory Notes to the present Decrees).
59. Cf., supra, p. 315. As the Security Council terminology was not quite clear with regard to the scope of the goods referred to, a further definition was considered necessary. The definition in the Decrees was chosen after consultations within the context of European Political Co-operation (see the Explanatory Notes to the present Decrees).
60. By virtue of Art. 12 of the Sanctions Act, 1977, violations of the prohibitions are deemed to be economic crimes within the meaning of Art. 1 of the Act on Economic Crimes.
61. Trb. 1972 No. 142.
62. See 12 NYIL (1981) p. 295. After the printing of the survey of the Act in vol. 12 of the Yearbook the Nederlandsche Bank [Bank of the Netherlands] completed an unofficial English translation of the Act, designated as the “External Financial Relations Act”.
63. 11 NYIL (1980) p. 286.
64. See infra.
65. Stb. 1981 No. 314 p. 2.
66. See supra, 9.922, p. 314.
67. 11 NYIL (1980) p. 286.
68. This Royal Decree included a modification of the Decree of 4 August 1976 (see loc. cit., p. 287) on Sea Collisions Regulations [Zeeaanvaringsregels].
69. See supra.
70. Stb. 1959 No. 296. See, for the previous amendment, in 1975, 7 NYIL (1976) p. 373.
71. Entered into force on 1 July 1981.
72. Act of 13 November 1969 (Stb. 1969 No. 536), see 6 NYIL (1975) p. 413
73. See 11 NYIL (1980) p. 288.
74. See 6 NYIL (1975) p. 413.
75. See 7 NYIL (1976) p. 372 and 8 NYIL (1977) p. 331.
76. For an unofficial English translation of the Act, with a note by Professor J.P. Verheul, see 28 NILR (1981) p. 390 et seq.