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8 - The Netherlands

Published online by Cambridge University Press:  06 January 2010

André Nollkaemper
Affiliation:
Professor of Public International Law Faculty of Law of the Universiteit van Amsterdam
David Sloss
Affiliation:
Santa Clara University, School of Law
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Summary

INTRODUCTION

This chapter discusses the application of treaties in the domestic legal order of the Kingdom of the Netherlands. The term treaties is used here, in accordance with the definition that is used officially in the Netherlands, to refer to any agreement, irrespective of its name or form, that binds the Netherlands under international law. I use the term application in a broad sense to cover supplementary legal or material action taken by the Netherlands in its domestic legal order to ensure the full effect of a given provision of a treaty. Application also covers judicial rulings (whether by administrative or judicial bodies) that give effect to a treaty provision in a particular case. The term application thus includes performance, as that term is used in the Vienna Convention on the Law of Treaties.

This chapter demonstrates that the Netherlands is very open to the application of international law in its domestic legal order. However, it also shows that, like most or perhaps all other states, the Netherlands resorts to evasion strategies that may insulate the domestic legal order from the consequences of international legal obligations that are not considered sufficiently transparent or legitimate, that may conflict with existing law, or that may collide with political interests of the Netherlands.

The chapter starts by discussing some aspects of treaty making in the Netherlands that are relevant to the subsequent phase of application of treaties (Section II).

Type
Chapter
Information
The Role of Domestic Courts in Treaty Enforcement
A Comparative Study
, pp. 326 - 369
Publisher: Cambridge University Press
Print publication year: 2009

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References

Alkema, E.A., Foreign Relations in the 1983 Dutch Constitution, 3 Neth. Int'l L. Rev.307 (1984)CrossRefGoogle Scholar
Sondaal, H.H.M., Dutch Treaty Practice, NYIL. 1988, 179CrossRefGoogle Scholar
Benvenisti, Eyal, Judicial Misgivings Regarding the Application of International Law: An Analysis of Attitudes of National Courts,” 4 Eur. J. Int'l L.159 (1993).CrossRefGoogle Scholar
Klabbers, Jan, The New Dutch Law on the Approval of Treaties, 44 Int'l & Comp. L.Q.629 (1995)CrossRefGoogle Scholar
Nollkaemper, A., The Direct Effect of Public International Law, inPrinssen, Jolande & Schrauwen, Annette (eds.), Direct Effect: Rethinking a Classic of EC Legal Doctrine157 (Europa Law Publishers, 2002)Google Scholar
Ku, Julian, Treaties as Laws: A Defense of the Last in Time Rule for Treaties and Federal Statutes, 80 Ind. L.J.319 (2005)Google Scholar
Newton, Michael A., Comparative Complementarity: Domestic Jurisdiction Consistent with the Rome Statute, 167 Mil. L. Rev. 20, 70–71 (2001)Google Scholar
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  • The Netherlands
    • By André Nollkaemper, Professor of Public International Law Faculty of Law of the Universiteit van Amsterdam
  • Edited by David Sloss
  • Book: The Role of Domestic Courts in Treaty Enforcement
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511635458.009
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  • The Netherlands
    • By André Nollkaemper, Professor of Public International Law Faculty of Law of the Universiteit van Amsterdam
  • Edited by David Sloss
  • Book: The Role of Domestic Courts in Treaty Enforcement
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511635458.009
Available formats
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Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • The Netherlands
    • By André Nollkaemper, Professor of Public International Law Faculty of Law of the Universiteit van Amsterdam
  • Edited by David Sloss
  • Book: The Role of Domestic Courts in Treaty Enforcement
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511635458.009
Available formats
×