This paper - written for a conference held in Leuven (KUL) in 2001- offers a global analysis of the European Insolvency Regulation. At the time the paper was written, the Regulation was a very recent instrument. The paper reviews the Regulation based on previous experiences at harmonising the law of cross-border insolvencies (such as the European Insolvency Convention and the Istanbul Convention). Particular attention is paid to the issues of jurisdiction (which court has jurisdiction to open insolvency proceedings), jurisdiction conflicts (what happens if two courts decide to exercise jurisdiction simultaneously) and recognition and enforcement of foreign insolvency judgments.
This dissertation reports on the research into Surinamese constitutional law during the military administration between 1980 and 1987. During this period of martial law there was neither an elected parliament nor any other form of authority with parliamentary legitimacy in Suriname. The research into the military administration is predominantly normative research into the formal constitutional arrangement of the Surinamese state during the 1980-1987 era. During the military period, historically developed principles and requirements of the rule of law and democracy were discarded either completely or in part, with some being completely absent and others remaining intact. This turnaround also brought about a fundamental change in the administrative structure and laws of Suriname. In addition, new legal institutions were added to the judicial system.During this period, the then ruling political powers argued that Suriname remained a constitutional democracy and that martial law was only a necessity under the circumstances. To assess to what extent there was democratic rule as well as the justification of the use of martial law, a study was conducted into the theoretics of constitutional democracy and martial law. States often are described as constitutional democracies; however, around the world there are differences as regards to what extent. To measure the degree of democracy, it is tested against internationally recognized frameworks enshrined in international conventions, treaties and doctrines. Theories on the subject of the constitutional democracy and martial law have been developed and fine-tuned over the years. In this research, such theories were applied in order to answer the main question as well as the key questions:How was the setup of the Trias Politica during the 1980 – 1987 military administration?Based on the main question key questions were formulated, namely: 1.How were the three powers arranged?2.What authorities were bestowed upon them?3.How did the three powers relate to each other?4.To what ...
In deze bijdrage wordt naar aanleiding van het gewijzigde voorstel voor een Europese betalingsbevelprocedure (2006) aandacht besteed aan de harmonisatie van het IPR en procesrecht in de Europese Unie, de totstandkoming van de Europese betalings-bevelprocedure, doelstelling en toepassingsgebied van de voorgestelde verordening, het verloop van de procedure en de gevolgen voor Nederland. Tot slot wordt gewezen op het belang van de coherentie van het Europees procesrecht, dat op deelgebieden en in ver-schillende instrumenten momenteel tot stand wordt gebracht. Abstract: [European Civil Procedure under Construction. The (amended) proposal for a European Order for Payment Procedure] On the occasion of the publication of the amended proposal for a European Order for Payment Procedure (2006) attention is paid to the harmonisation of Private International Law and Procedural Law in the European Union, the bringing about of the European Order for Payment Procedure, the objectives and scope of the proposed regulation, the course of the proceedings and its impact in the Netherlands. It is pointed out that it is important to ensure the coherence of European procedural law, since it is being brought about in pieces and in different instruments.
This study deals with the rise and decline of the system of unelected representative bodies that accompanied post-war democracy in the Netherlands. After World War II, the number of these unelected representative bodies grew spectacularly, but from the seventies onwards, it started to decrease. How can we account for this remarkable political change? In traditional historiography, this change is associated with the pillarisation of Dutch society, the institutionalisation of corporatist arrangements, the emergence of new social movements or the deep-rooted practice of consensus building. As these accounts turn out to be problematic, this study focuses on the democratic character of unelected representative bodies. Chapter 1 introduces a framework for analysing the democratic character of these bodies, based on the criteria of a democratic political order as identified by R.A. Dahl. The framework encompasses the constitution of the domains represented by unelected bodies; the recruitment of their members; the tasks they fulfilled; and their internal decision-making process. Chapter 2 presents the cases used to analyse how the democratic character of the system of unelected representative bodies developed. These cases are the Sociaal-Economische Raad (1950), the Landbouwschap (1954 - 1995), the Nationale Raad voor Maatschappelijk Werk (1946 - 1989) and the Raad voor de Kunst (1955 - 1995). Chapter 3 shows that the represented domains were either constituted from above by the state or from below by interest groups. The involvement of interest groups led to the exclusion of rivals and, later on, to petrifaction, with the composition of unelected bodies remaining the same despite fundamental social changes. Chapter 4 highlights a similar pattern as the members delegated by interest groups managed to exclude a large number of newcomers. This resulted in a fierce critique of the involvement of interest groups in member recruitment and led to a new generation of unelected councils composed of independent experts. Chapter ...
Dutch-American relations in the post-war period have been inexorably intertwined with the Cold War. In the course of the 1960s the East-West struggle entered a new phase with the beginning of a period of détente, which had important consequences for the Dutch-American relationship. In this dissertation, which focuses on the governmental level, the following issues are dealt with: firstly, to what extent was the relationship affected by the complicating developments that took place in the years 1969-1976? Secondly, how did Dutch and American policy makers view the relationship? Finally, what did the asymmetry in the relationship mean and were the Dutch able to exert any influence? When taking into account both international and domestic factors, the picture that emerges is one of both change and continuity. What makes the period concerned stand out is the fact that the Atlantic Alliance was at a point where a redefinition of the common goals seemed unavoidable. Security concerns and preserving the American dominant position in the international arena were the foremost concerns of President Nixon and NSC-advisor Kissinger. These ideas clashed with those of Dutch politicians of for instance the Labour Party who wanted détente, an active human rights policy and development cooperation to be part of the Atlantic foreign policy agenda. The American embassy in The Hague was aware of these changes: it noticed a turn to the left in Dutch society and the political landscape. The Dutch cabinets in the period concerned faced domestic pressure to take a more critical stance towards the United States, where the Nixon administration faced problems concerning its image and credibility because of the Vietnam war and the Watergate scandal. On the other hand, unmistakable signs of continuity in the Dutch-American relationship were present. The Dutch governments in the years concerned did not turn away from Atlantic cooperation, as the Netherlands remained dependent on the American military commitment to Western Europe. Détente was ...
The Policy of Independence. The Background of a Crucial Phrase in Dutch Foreign Policy 1900-1940The phrase 'policy of independence' was coined by the Dutch Minister of Foreign Affairs Van Karnebeek after the First World War. It has aroused a lot of discussion ever since. The phrase is often portrayed as sign of a change from a passive policy of neutrality to a much more active foreign policy. In this article the use of the phrase and the question of continuity or discontinuity are raised. This is done first of all on the basis of some crucial episodes from the First World War and subsequently the Dutch policy towards the German emperor and crown prince, Belgium and the League of Nations. This contribution argues that throughout those years the Dutch government pursued a policy characterized by activity and adopted an attitude that adhered to international law. Even before 1914 this approach was referred to as 'independent'. Thereafter, Van Karnebeek coined the phrase 'policy of independence' to give expression to this prevailing attitude.
