No CrossRef data available.
Article contents
Netherlands state practice for the parliamentary year 1995–1996
Published online by Cambridge University Press: 07 July 2009
Abstract
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
- Type
- Documentation
- Information
- Copyright
- Copyright © T.M.C. Asser Press 1997
References
1. See also 18 NYIL (1987) p. 277 et seq., 21 NYIL (1990) p. 255 et seq. and 26 NYIL (1995) p. 246 et seq.
2. For example, NJ 1970, 240 and NJ 1988, 841 open the possibility for this.
3. Aanh. Hand. II 1995/96, No. 878, pp. 1779–1780.
4. See also 19 NYIL (1988) p. 294 et seq. and 25 NYIL (1994) p. 362 et seq.
5. Bijl. Hand. II 1994/95 – 24337 No. 1.
6. Bijl. Hand. II 1991/92 – 22478 Nos. 1–2.
7. In the case of the United Nations Development Programme (UNDP), for example, the extrabudgetary contributions this year are approximately the same as contributions to the general funds.
8. Advisory Opinion No. 20.
9. Bijl. Hand. II 1995/96 – 24832 No. 1 pp. 21–25.
10. See also 22 NYIL (1991) p. 279.
11. Article 3 reads: ‘Every Member of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms, and collaborate sincerely and effectively in the relaisation of the aim of the Council as specified in Chapter I.’
Article 4 reads: ‘Any European State which is deemed to be able and willing to fulfil the provisions of Article 3 may be invited to become a Member of the Council of Europe by the Committee of Ministers. Any State so invited shall become a Member on the deposit on its behalf with the Secretary-General of an instrument of accession to the present Statute.’
12. Article 8 reads: 'Any Member of the Council of Europe which has seriously violated Article 3 may be suspended from its rights of representation and requested by the Committee of Ministers to withdraw under Article 7. If such Member does not comply with this request, the Committee may decide that it has ceased to be a Member of the Council as from such date as the Committee may determine.'
Article 9 reads: 'The Committee of Ministers may suspend the right of representation on the Committee and on the Consultative Assembly of a Member which has failed to fulfil its financial obligation during such period as the obligation remains unfulfilled.'
13. Bijl. Hand. II 1995/96 – 24598 No. 1 pp. 1–5.
14. During the ninth UNCTAD conference, which was recently held in Johannesburg (South Africa), the State Secretary for Economic Affairs, in her official statement to the Plenary Session, suggested that it could be considered, “… to merge the strength of UNIDO and UNCTAD”.
15. Aanh. Hand. II 1995/96 No. 1193 p. 2425.
16. Bijl. Hand. II 1995/96 – 24400V No. 63 pp. 2–3.
17. See also 24 NYIL (1993) p. 209 et seq.
18. Bijl. Hand. II 1995/96 – 24609 No. 1 pp. 7–9.
19. See also 19 NYIL (1988) p. 327 et seq., 20 NYIL (1989) p. 164 et seq., 22 NYIL (1991) p. 267 et seq., 23 NYIL (1992) p. 336 et seq. and 25 NYIL (1994) p. 393 et seq.
20. See also Bijl. Hand. II 1995/96 – 19637 No. 178.
21. Article 1(A)(2) reads: ‘For the purposes of the present Convention, the term “refugee” shall apply to any person who: 2. as a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
In the case of a person who has more than one nationality, the term “the country of his nationality” shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.’
22. Articles 15(1) and (2) of the Aliens Act read: ‘An alien coming from a country in which he has a well-founded fear of persecution on grounds of his religion, political opinions or nationality, or because he belongs to a particular race or a particular social group, may apply to the Minister for admittance as a refugee. Admittance can be refused only on the grounds of weighty reasons related to the public interest, if the alien would thus be immediately compelled to return to a country as described above.’
23. Article 3, European Convention for the Protection of Human Rights and Fundamental Freedoms reads: ‘No one shall be subjected to torture or inhuman or degrading treatment or punishment.’
24. Bijl. Hand. II 1995/96 – 19637 No. 188 pp. 10–11
25. For example, AR 26 June 1978, No. A-2 0260
26. Stb. 1994 No. 8
27. Bijl. Hand. II 1995/96 – 24544 No. 3 pp. 1–2
28. Article 1 F reads: ‘The provisions of the this Convention shall not apply to any person with respect to whom there are serious reasons for considering that:
(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
(b) he has committed a serious non-political crime outside the country of refuge prioir to his admission to that country as a refugee;
(c) he has been guilty of acts contray to the purposes and principles of the United Nations.’
29. Aanh. Hand. II 1995/96 No. 1648 pp. 3359–3360
30. See also 27 NYIL (1996) p. 241 et seq.
31. Bijl. Hand. II 1995/96 – 21240 No. 23
32. Case C-158/91 Levy [1993] ECR 1–4287.
33. The Netherlands denounced this Convention in 1972, while the other EU countries did so only after the judgment of the European Court in 1992.
34. Opinion 2/91, given under Article 228(1)(2) of the EEC Treaty deals in particular with the competence of the Community with respect to the conclusion of Convention no. 170 and the consequences of this for the Member States. The court found that in this case there was no question of exclusive Community competence. As this related to shared competence, joint action by the Community and the Member States was required.
35. Bijl. Hand. II 1995/96 – 21240 No. 26 pp. 9–12
36. See also 27 NYIL (1996) p. 248 et seq.
37. Bijl. Hand. II 1994/95 – 23 591 No. 5
38. Bijl. Hand. II 1995/96 – 24464 No. 1, pp. 10–12
39. See 20 NYIL (1989) p. 184 et seq.
40. Trb. 1983 No. 83 and 1984 No. 55
41. Bijl. Hand. II 1982/83 – 17824 No. 1
42. Trb. 1994 No. 233 and 1995 No. 196
43. Article 314 reads: ‘1. A State Party may, by written communication addressed to the Secretary-General of the Authority, propose an amendment to the provisions of this Convention relating exclusively to activities in the Area, including Annex VI, section 4. The Secretary-Genral shall circulate such communication to all States Parties. The proposed amendment shall be subject to approval by the Assembly following its approval by the Council. Representatives of States Parties in those organs shall have full powers to consider and approve the proposed amendment. The proposed amendment as approved by the Council and the Assembly shall be considered adopted.
2. Before approving any amendment under paragraph 1, the Council and the Assembly shall ensure that it does not prejudice the system of exploration for and exploitation of the resources of the Area, pending the Review Conference in accordance with article 155.’
44. Trb. 1959 No. 123; most recently Trb. 1971 No. 221
45. Trb. 1959 No. 124; most recently Trb. 1971 No. 222
46. Trb. 1959 No. 125; most recently Trb. 1971 No. 223
47. Trb. 1959 No. 126; most recently Trb. 1971 No. 224
48. Trb. 1959 No. 127; most recently Trb. 1971 No. 225
49. Stb. 1965 No. 343; for the Parliamentary proceedings, see Bijl. Hand. II 1963/64 and 1964/65 – 7723 (R425); Hand. II 1964/65, p. 1535; Bijl. Hand. I 1964/65, No. 155 and Hand. I 1964/65, p. 772
50. The text of these four resolutions is to be found in section J of Trb. 1983 No. 83; they form Annex 1 to the Final Act of the Conference.
51. Stb. 1985 No. 129
52. Trb. 1978 No. 61
53. Letter from the Minister of Transport and Public Works of 15 February 1989, Bijl. Hand. II 1988/89 – 17408 No. 47
54. Letter from the Minister of Transport and Public Works of 10 July 1992 to the President of the Second Chamber of Parliament, reference: DGSM S/V – 21.202/92/VA
55. This was announced in the legislative annex to the budget of the Ministry of Transport and Public Works, Bijl. Hand. II 1994/95 – 23900, Chapter XII; and 1995/96 – 24400, Chapter XII.
56. Bijl. Hand. II 1991/92 – 22390 No. 1, reproduced in full in 24 NYIL (1993) p. 264 et seq.
57. Stb. 1993 No. 302; PB 1993 No. 79
58. PB 1938 No. 73
59. Stb. 1933 No. 110; PB 1993 No. 41
60. Trb. 1973 No. 172
61. Article 7(f) reads: 'Unless a treaty contains provisions which deviate from the Constitution or result in such deviation, approval is not required: f. if the purpose of the treaty is to amend the annex which is an integral part of an approved treaty and whose contents aim to implement the provisions of the approved treaty of which it is an annex, unless a reservation on this subject has been made in the Act of Parliament approving the treaty.'
62. Bijl. Hand. II 1995/96 – 24433 (R 1549) No. 3, pp. 2–3, 6–7, 9–14, 18–26, 29–30
63. See also 23 NYIL (1992) p. 362 et seq. and 25 NYIL (1994) p. 459
64. Bijl. Hand. II 1995/96 – 21664 No. 91
65. Aanh. Hand. II 1995/96 No. 1343 p. 2731
66. Bijl. Hand. II 1995/96 – 22181 No. 145
67. See also 27 NYIL (1996) p. 248 et seq.
68. Bijl. Hand. II 1995/96 – 24400X No. 44.