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Netherlands state practice for the parliamentary year 1969–1970*)

Published online by Cambridge University Press:  07 July 2009

Ko Swan Sik
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Section C: Documentation
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Netherlands Yearbook of International Law , Volume 2 , December 1971 , pp. 136 - 202
Copyright
Copyright © T.M.C. Asser Press 1971

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References

1. Comment of June 16, 1970, UN doc. A/8057 Annex p. 4.

2. Convention of March 7, 1966, Trb. 1966 No. 237.

3. These Articles read:

65. The provisions of agreements which by virtue of their terms may be binding on everyone shall have this binding effect as from the time of publication. Rules with regard to the publication of agreements shall be laid down by law.

66. Legislation in force within the Kingdom shall not apply if its application would be incompatible with provisions, binding on everyone, of agreements entered into either before or after the enactment of such legislation.

4. Particularly the decisions of February 24, 1960, NJ 1960 No. 483; November 28. 1961, NJ 1962 No. 90; April 25, 1967, NJ 1968 No. 63. Cf. also the decisions of April 11, 1961, NJ 1962 No. 71 and of June 21, 1966, NJ 1966 No. 416.

5. Memorandum of Reply to the Second Chamber, October 17, 1969, on the Implementation Bill, Bijl.Hand II 1969/70–9724 No. 6 p.1.

6. Summary records of the 114th meeting, Geneva, May 1, 1970, U.N. doc. A/AC.125/SR. 114 pp. 52–53.

7. Trb. 1969 No. 115. See 1 N.Y.I.L. (1970), p. 197. The agreement has not yet been ratified by the Netherlands.

8. Bijl. Hand. II 1969/70–10648 (R736) No. 3.

9. Reply to written questions, October 1, 1969, Aanh. Hand. II 1969/70 No. 61 p. 123. See also a similar statement by the Minister for Foreign Affairs in the Second Chamber, February 12, 1970, Hand. II 1969/70 p. 2270.

10. Reply to written questions, February 12, 1970, Aanh.Hand.II 1969/70 No. 623 p. 1277. See also Aanh.Hand.II 1969/70 No. 895 p. 1823.

11. Statement in the Second Chamber, February 12, 1970, Hand.II 1969/70 p. 2222.

12. Reply by the Minister for Foreign Affairs to written questions, March 9, 1970, Aanh.Hand.II 1969/70 No. 869 p. 1771.

13. Memorandum of Reply by the Vice Premier in charge of Kingdom Affairs, to the First Chamber, May 29, 1970, Bijl.Hand.I 1969/70 No. 108b.

14. Reply to written questions, February 10, 1970, Aanh.Hand.I 1969/70 No. 40 p. 84.

15. Reply by the Minister for Foreign Affairs to written questions, March 6, 1970, Aanh. Hand. II 1969/70 No. 753 p. 1539.

16. Statement by the State Secretary for Social Affairs and Public Health, September 9, 1970, in the Parliamentary Standing Committee for Public Health, Hand.II 1969/70 p. U 65.

16a. Erratum to the survey covering the parliamentary year 1968/1969, in Volume 1 of this Yearbook: As a result of a printing error on p. 111 the heading “3.2124 Representation of States” was omitted. This heading should precede the paragraph on “Chinese representation in the United Nations”.

17. Statement by the State Secretary for Foreign Affairs, June 1, 1970, in the Parliamentary Standing Committee on Foreign Affairs, Hand. II 1969/70 p. B 16.

*). Organizational structures which formally are not inter-governmental organizations in their own right but created by resolution of an international organization organ (such as UNCTAD, UNIDO) are nevertheless treated as separate organizations for the purpose of the classification scheme.

18. Bijl.Hand.II 1969/70–10300 XIII No. 30 p. 3.

19. Statement of June 16, 1970, in the First Chamber, Hand. I 1969/70 p. 916.

20. The original French text of the three first letters is published in Bijl.Hand.II 1969/70–10300 V Nos. 7 and 9. The English text of all four letters is published in the Communiqué of the International Court of Justice of November 26, 1969. U.N. doc. A/7591/Add. 2 contains a letter from the President of the Court to the U.N. Secretary-General of November 7, 1969, and its two annexes: the English text of the letters of September 15, 1969 and of November 7, 1969, and a memorandum briefly recapitulating the points at issue. See also the letter from the President of the Court to the UN Secretary-General of May 16, 1969 with the following two annexes: (a) “Proposals for the amendment of the Statute of the International Court of Justice”(b) Explanatory Memorandum and “Draft-resolution submitted by the International Court of Justice.” For these texts, together with the Secretary-General's note to the General Assembly, see Bijl.Hand.II 1969/70–10300 V No. 7, or UN doc. A/7591.

21. “De Vierentwintigste Zitting van de Algemene Vergadering der Verenigde Naties” (The 24th Session of the U.N. General Assembly), Ministry for Foreign Affairs Publication No. 96, 1970, p. 328. See also: 6 United Nations Monthly Chronicle (1969), No. 10 p. 20.Google Scholar

22. Statement of October 21,1969, “De Vierentwintigste Zitting etc.” pp. 351–352.

23. Statement in the First Chamber on June 17,1970, Hand. I 1969/70 p. 907.

24. Ibid. p. 934.

25. See 1 N.Y.I.L. (1970) p. 124 ff.

26. Decision of July 25, 1967 on special measures for oleaginous products originating from the Associated African and Malagasy States or from the Overseas Countries and Territories, O.J. No. 173 of July 29,1967, p. 14.

27. Statement of September 18, 1969, in the Second Chamber, Hand. II 1969/70 p. 44. Cf. also the Memorandum of Reply to the First Chamber, Bijl.Hand.I 1969/70 No. 15a, and the statements of the State Secretary to the First Chamber, January 13, 1970, Hand.I 1969/70 pp. 252–255, and June 17, 1970, Hand.I 1969/70 p. 915.

28. Explanatory Memorandum to the 1970 draft budget for Social Affairs and Public Health, Bijl Hand. II 1969/70–10300 XV No. 2 p. 57.

29. Reply from the State Secretary for Foreign Affairs to written questions, October 9, 1969, Aanh.Hand.II 1969/70 No. 95 p. 191.

30. December 1 and 2, 1969.

31. Statement of the State Secretary for Foreign Affairs in the First Chamber, June 17, 1970, Hand. I 1969/70 p. 917.

32. Bijl.Hand.II 1969/70–10606 No. 1–4, pp. 4–5.

32a. Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Pleadings, Oral Arguments, Documents, Vol. 1, pp. 350–353.Google Scholar

33. Bijl.Hand. II 1969/70–10504 No. 1.

34. “De Vierentwintigste Zitting etc.” p. 294.

35. See 1 N.Y.I.L. (1970) p. 142.

36. Reply to written questions, June 26, 1970, Aanh.Hand. II 1969/70 No. 1330 p. 2697.

37. Memorandum of October 17, 1969, Bijl.Hand.II 1969/70–9724 No. 6 p. 1.

38. Memorandum of October 17, 1969, Bijl.Hand. II 1969/70–9723 (R 663) No. 5 pp. 2–3.

39. 193 U.N.T.S. p. 135; Trb. 1968 No. 92.

40. These Articles read as follows:

Article I. Women shall be entitled to vote in all elections on equal terms with men, without any discrimination.

Article II. Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination.

41. See supra n. 3

42. Bijl.Hand. II 1969/70–10478 (R 722) No. 3.

43. Memorandum of October 17, 1969, Bijl.Hand. II 1969/70–9723 (R663) No. 5 p. 3.

44. Original text in Stb. 1931 No. 248, latest revision by Decree of June 20, 1970, Stb. 1970 No. 302.

45. ‘No person shall require previous permission to publish thoughts or feelings by means of the printing press, without prejudice to every person's respons bility according to law’.

46. Reply to written questions, May 14, 1970, Aanh.Hand. II 1969/70 No. 1102 p. 2239.

47. “De Vierentwintigste Zitting etc.” p. 300–301.

48. Reply of the Ministers of the Interior and of Justice to written questions, September 7, 1970, Aanh. Hand.II 1969/70 No. 1627 p. 3293.

49. Meeting of June 17, 1970, Bijl.Hand.II 1969/70–10300 VI No. 23.

50. Reply to written questions, April 2,1970, Aanh.Hand.II 1969/70 No. 896 p. 1825.

51. Reply to written questions, September 12, 1970, Aanh.Hand.II 1969/70 No. 1654 pp. 3347–3348.

52. Reply to written questions, December 18,1969, Aanh.Hand.II 1969/70 No. 393 p. 793. Cf. also Aanh.Hand.II 1969/70 No. 330 p. 667, and Hand.II 1969/70 p. D 39.

53. Statement of June 1, 1970, Hand.II 1969/70 p. B 33.

54. I.e. draft Article 32 para. 1(d), reading:

“The permanent representative and the members of the diplomatic staff of the permanent mission shall enjoy immunity from the criminal jurisdiction of the host State. They shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of: … (d) An action for damages arising out of an accident caused by a vehicle used outside the official functions of the person in question”. See Yearbook of the International Law Commission 1969 vol II p. 212.

55. Dealing with “Immunity from jurisdiction”. This provision holds virtually the same text as the above-mentioned Article 32 para. 1(d). See Yearbook of the I.L.C. 1970 vol. II, p. 362.

56. Statement of September 26, 1969, “De Vierentwintigste Zitting etc.” p. 358.

57. Statement of the Minister for Foreign Affairs in the Parliamentary Standing Committee for Foreign Affairs, June 1, 1970, Hand.II 1969/70 p. B 33.

58. Text in 15 European Yearbook (1967) p 285 ffGoogle Scholar. The Convention has not yet entered into force.

59. Reply to written questions, February 10, 1970, Aanh.Hand.I 1969/70 No 40 p. 83.

59a. Such questions expressed a critical attitude prevailing among part of the Dutch public against the current political system in Greece.

60. Statement of February 12, 1970, Hand.II 1969/70 p. 2270.

61. Text in 63 A.J.I.L. (1969) p. 894.

62. Debate of June 17, 1970, Hand. II 1969/70 p. 915.

63. Statement of October 9, 1969, “De Vierentwintigste Zitting etc.” p. 385. See for the joint twelve-nations proposal: UN doc. A/7656. The proposal was later adopted as agenda item “Forcible diversion of civil aircraft in flight”.

64. Statement of November 18, 1969, “De Vierentwintigste Zitting etc.” pp. 389–390. The General Assembly later adopted Resolution 2551 (XXIV).

65. Bijl. Hand.II 1969/70–10594 No.2, with Explanatory Memorandum of March 18, 1970, in Bijl.Hand.II 1969/70–10594 No. 3. Cf. infra, p. 264.

66. The problem of aircraft hijacking was also the subject of an informal meeting of representatives of thirteen countries in Washington, D.C., December 16–19, 1969 (Text of the joint communiqué in Bijl.Hand. II 1969/70–10300 V No. 19), and of a European Conference in Paris, March 3–4, 1970, attended by 19 European States. This latter meeting resulted in two recommendations and a resolution (Text in Aanh. Hand. II 1969/70 No. 808 p. 1649).

67. A/7925/Add. 2 pp. 4–6.

68. Government Note to Parliament, April 20, 1970, Bijl.Hand.II 1969/70–9703 No. 6 p 2.

69. Ibid.

69a. In 1 N.Y.I.L. (1970) p. 153 this bill was titled in translation: “Bill concerning the exploration and exploitation of natural resources on or under the North Sea continental shelf”

70. Memoraundum Of Reply of June 10, 1970, Bijl.Hand.II 1969/70–10098 No. 6 p. 4.

71. Ibid. p. 3.

72. Ibid. p. 4.

72a. Text in Trb. 1971 No. 53. English translation in 10 I.L.M. (1971) p. 607 ff.

72b. Jaarboek van het Ministerie van Buitenlandse Zaken 1969–1970 pp. 175–176.Google Scholar

73. Memorandum of Reply to the First Chamber, September 18, 1969, Bijl.Hard.I 1969/70 No. 1 p. 3–4; The bill became law by Act of November 13, 1969, Stb. 1969 No. 536.

74. Text in Trb. 1963 No. 104.

75. Reply to written questions, January 6, 1970, Aanh.Hand.II 1969/70 No. 459 p. 925.

76. Statement of March 4, 1970, Hand. II 1969/70 pp. 2585–2586.

77. Stb. H 233.

78. Memorandum of Reply concerning the Bill relating to[the removal of] Statutory Limitations to War Crimes and Crimes against Humanity, June 30, 1970, Bijl.Hand.II 1969/70–10251 No. 7.

78a. A/7922, also in: Ontwapening, Veiligheid, Vrede (Ministry for Foreign Affairs publication No. 99), pp. 109–110. The Secretary-General's request resulted from the General Assembly resolution 2606 (XXIV) of 16 December 1969.

79. Bijl.Hand.II 1969/70–10300 V No. 2 p. 32.

80. Debate in the First Chamber, June 17, 1970 on the draft budget for Foreign Affairs, Hand. I 1969/70 p. 934.

81. Reply of the Prime Minister to written questions, June 24, 1970, Aanh.Hand.II 1969/70 No. 1315 p. 2667.

82. The draft resolution was later adopted and became Resolution 2508 (XXIV).

83. Statement of November 3, 1969, “De Vierentwintigste Zitting etc.” p. 333.

84. Reply to written questions, July 17, 1970, Aanh.Hand. II 1969/70 No. 1456 p. 2949.

85. Text of Treaty, Protocol and reservation in Trb. 1968 No. 145. The protocol was signed by the Netherlands on March 15, 1968.

86. Memorandum of January 15, 1970, Bijl.Hand.II 1969/70–10503 (R 723) No. 1–3 p. 3.

87. “De Vierentwintigste Zitting etc.” p. 303.

88. Memorandum of Reply of the Minister for Foreign Affairs to the First Chamber concerning the 1970 draft budget for Foreign Affairs, Bijl.Hand.I 1969/70 No. 126a p. 6.

89. The draft was later adopted and became resolution 2603 A (XXIV).

90. In the General Assembly plenary meeting the Netherlands abstained from voting.

91. Statement of December 10, 1969, “De Vierentwintigste Zitting etc.” p. 219.

92. Resolution 2603 A (XXIV),

93. Statement in the Second Chamber, February 12, 1970, Hand. II 1969/70 pp. 2217–2218. See also the statement by the Netherlands delegate to the Conference of the Committee on Disarmament, March 17, 1970, CCD/PV. 458.

94. Statement in the Second Chamber, December 22, 1969, Hand.II 1969/70 pp. 1723–1724. In the later course of the debate the Minister was confronted with the fact of the Netherlands embargo on arms delivery to Nigeria, and a similar embargo on delivery of (civil) aircraft to India and Pakistan during the hostilities between these two countries three years ago.

95. Reply of the Minister for Foreign Affairs to written questions, January. 23, 1970, Aanh.Hand. II 1969/70 No. 529 p. 1087.

96. Passage from a letter of the Minister in charge of Development Aid to the Second Chamber, March 31, 1970, Bijl.Hand.II 1969/70–10300 V No. 37.

97. Reply to written questions, June 4, 1970, Aanh.Hand. II 1969/70 No. 1217 p. 2469.

98. Reply of the State Secretary of Finance to written questions, September 2, 1970, Aanh.Hand.I 1969/70 No. 98 p. 199.

99. Text in Trb. 1968 No. 148. See for the Parliamentary procedure for approval: Bijl.Hand.II 1969/70–10383.

100. Act of February 21, 1963, Stb. 1963 No. 82. Chapter II of the Act entered into force immediately. By Royal Decree of November 12, 1969, Stb. 1969 No. 514, the entry into force of the other Chapters was fixed on January 1, 1970.

101. Note of May 22, 1970, Bijl. Hand. II 1969/70–10383 No. 5 p. 2.

102. Bijl.Hand.II 1969/70–10300 V No. 2 pp. 16–17.

103. Reproduced in “Internationale Samenwerking” No. 10, November 6, 1969.

104. Statement by the Minister in charge of Development Aid in the Second Chamber, February 12, 1970, Hand.II 1969/70 p. 2241.

105. Memorandum of Reply to the First Chamber, concerning the 1970 draft budget for Foreign Affairs, Bijl.Hand. I 1969/70 No. 126a p. 10.

106. See 1 N.Y.I.L. (1970) p. 187. Article 7 reads, inter alia: “Re-insurance shall only be granted, if in the opinion of Our Minister:

a. …

b. satisfactory provisions have been made with the Government of the country where investment takes place, as to the rules applicable there to Dutch investments, and the procedure to be followed in case of disputes between investors and the country concerned, or –if no satisfactory arrangement can be made– what remedies there are for allowances on account of losses due to be made good under the re-insurances referred to in Article 2; on the understanding that in exceptional cases, when such provisions have not been made, re-insurance can be granted, if the legal order of the country concerned seems to offer sufficient protection.“

107. Reply to written questions, March 3, 1970, Aanh.Hand. II 1969/70 No. 718 p. 1469.

108. Statement in the First Chamber, April 28, 1970, Hand. I 1969/70 pp. 753–754. See also the statement in the Second Chamber, February 10, 1970, Hand.II 1969/70 p. 2128.

109. Explanatory Memorandum to the 1970 draft budget for Communications and Public Works, Bijl.Hand.II 1969/70–10300 XII No. 2 pp. 22–23.

110. Minister for Foreign Affairs in the Second Chamber, March 3, 1970, Hand. II 1969/70 p. 2563.

111. Ibid. p. 2573.