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Decisions of Netherlands Courts involving State Immunity

Published online by Cambridge University Press:  21 May 2009

C. C. A. Voskuil
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Extract

I. The report submitted by the present author to the Netherlands' International Law Association on the occasion of its annual meeting in 1973 deals with Dutch court practice in matters of State Immunity. It includes an analytical introduction (I), an explanation of some general principles regarding State Immunity, particularly in connection with the implementation of international customary law by the Dutch judiciary, as well as a review of the terminological problems involved (II), an explanation of the few statutory provisions affecting State Immunity which are in force in the Netherlands (III), and an extensive commentary on Dutch court practice in matters of State Immunity on the basis of the court decisions issued and published in this field since 1840 (IV). Abstracts of all relevant court decisions placed in chronological order have been added to the report (Annex).

Type
Articles
Information
Netherlands International Law Review , Volume 20 , Issue 3 , December 1973 , pp. 302 - 311
Copyright
Copyright © T.M.C. Asser Press 1973

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References

1. Wet Algemene Bepalingen (Statute containing general provisions on legislation). Article 3 states that customary rules do not possess force of law unless expressly referred to by statute.

2. Article 13a states that the judicial jurisdiction of the courts and the execution of court decisions and of legal instruments drawn up by legal officials (actes authentiques) are subject to the exceptions recognized under the Law of Nations.

3. See my Note on some Netherlands court decisions concerning State immunity, this Review XVIII (1971) p. 62.Google Scholar

4. Notably François, J.P.A., Handbook van het Volkenrecht I, Zwolle 1949, p. 84Google Scholar; idem, Grondtijnen, Zwolle 1954, p. 95.

5. In the Netherlands this form of immunity is usually indicated as relatieve immuniteit, discussed in my Note mentioned in footnote 3, particularly at p. 63.

6. See Note mentioned in footnote 3, pp. 67 ff.