Bellekom: The speaker referred to the two pillars of the conception of Meuwissen: 1. fundamental freedoms contain a constitutive element; they do not say only what is, but also what ought to be: 2. fundamental freedoms are an expression of values. The latter element can also be found in German literature, where the Constitution (containing within it fundamental freedoms and human rights) is referred to as a “Wertordnung” (order of values). Fundamental freedoms are, according to that theory, values, along with others, that can be brought to bear in a concrete case. The danger of this idea is that this “Wertordnung” will amount to an order of vested interests, one that preserves existing social-economic structures and limits the possibilities for minorities. In order to show that this danger is not an imaginary one, he referred to matters such as the “Berufsverbot” (exclusion from public service) and the exclusion of lawyers from- the defence in Germany. In those very cases an appeal was made, by way of justifying those practices, to the “freiheitlich-demokratische” (liberal-democratic) value of the Constitution, a value that is assumed to be a basic element of the Constitution, a value that outweighs even fundamental rights such as equal eligibility for the public service and the right to defend oneself through legal assistance of one's own choice.

“International politics, like all politics, is a struggle for power. Whatever the ultimate aims of international politics, power is always the immediate aim.”

“Power” is one of the most central concepts in politics. For many years political scientists and sociologists have debated the term and tried to agree on its precise content. In a recent study about economic power concentrations in the Netherlands, Mokken and Stokman and their collaborators surveyed the theoretical position of the concepts “power” and “influence”. Most of the theoretical debates are held within the confines of American political science. A number of contributions in a recent issue of The American Political Science Review show that these debates have not yet come to an end. Most of these debates concern “community power”, that is power as it manifests itself within local communities. The most important contributions to this debate have been made by American and British political scientists.

The impact of armed conflict on women is the subject of three recent international studies, two under the auspices of the United Nations and one undertaken by the International Committee of the Red Cross. These studies make a significant contribution to increasing knowledge of the ways in which women experience armed conflict and, moreover, propose strategies to address the problems they identify. There is virtual consensus, however, that the existing legal regime protecting women in times of armed conflict is adequate and that there is no place for progressive development of the law. This article challenges this conclusion. After examining the approach of the studies to the regime protecting women in times of armed conflict, the author argues that there is a need for a comprehensive initiative to consider whether in fact the law is adequate to deal with their situation of women in armed conflict.

Supreme Court, 13 April 2012, Mothers of Srebrenica Foundation v. the State of the Netherlands and the United Nations

Modern communications and transportation have brought about not only interdependency between all regions of the world but also an increase in offences committed by or against foreigners or their States. Different States handle this problem in different ways. Among other means, one might mention in this context the enactment of rules of municipal and international law which regulate substantive as well as procedural relationships between authorities of a given State and the perpetrator of an offence with a foreign element'. Such an element exists, for example, if an offence has been committed by a foreigner; if an offence has been committed against a foreigner; if a particular State is to pass judgment on an offence committed abroad; if an offence has been committed in a place where no legal system claims jurisdiction; if a judgment is to be rendered on an offence which has already been the subject of a foreign judgment; if a person is sought for extradition; or if judicial authorities have to take measures in the course of criminal proceedings in the territory of a foreign State, and so on.

Although Professor Van Eikema Hommes' article “Grotius on Natural and International Law” contains some acute observations, it is submitted that it provides an incorrect view of Grotius' methodology, which results in a one-sided description of his system of international law. The aim of this paper is to criticize this view through a more careful exposition of Grotius' methodology, and from this to derive a broad insight into the basics of his law of nations, in particular the law of war and natural law, which will be assessed in the light of modern conceptions.

The Code of Civil Procedure contains provisions by which aliens do not have the rights in civil legal cases which are accorded to Dutch nationals. An alien, who is a plaintiff in a court case, may be obliged to put up security for the costs. With a few exceptions, aliens generally have no right to cost free access or to free legal assistance. The subject of the cautio and cost free access and free legal assistance have been given a great deal of attention in recent years from various quarters. In an international context the Council of Europe and the Hague Conference on Private International Law paid attention to these legal concepts. In a national context the Minister of Justice presented a bill to the Second Chamber and published a draft, containing proposals for a new edition of the above-mentioned articles. I will first deal with activities in the Netherlands and then go on to discuss what has been happening in an international context. However, before I do this, a short description of the Dutch provisions concerned with the legal aspects in question is needed for a proper understanding of the subject.

A decision of the Dutch Supreme Court delivered on 26th May 1978 continues to provoke a good deal of discussion in the Netherlands and, if reflected in the judicial decisions of other countries, could prove to be of very great significance. The question at issue was who should be liable to pay the often enormous costs of removing shipwrecks from the seabed outside territorial waters. The facts of the Dutch case were as follows.

The year 2005 marks the 10th anniversary of the establishment of the World Trade Organization – the multilateral body responsible for regulating the global trading regime. Whether because or in spite of the organization's existence, trade has brought unprecedented levels of economic prosperity to various parts of the world within this period. Even those parts of what used to be called ‘the Third World’ are beginning to challenge the appropriateness of that unfortunate categorization. However, much of sub-Saharan Africa has not only failed to become part of this trend, but has in fact become poorer than it was 25 years ago. Various excuses have been proffered, amongst which is that the GATT/WTO regime represents an impediment to its economic emancipation. This interdisciplinary critique aims to challenge this orthodoxy by offering a different analysis of the region's inability to trade, and by extension, of its failure to realize the rights proclaimed under the International Covenant on Economic, Social and Cultural Rights 1966.

Aux termes de l'article premier de la Convention sur la haute mer conclue à Genève le 29 avril 1958, «on entend par «haute mer» toutes les parties de la mer n'appartenant pas à la mer territoriale ou aux eaux intérieures d'un Etat ».

Ce qui frappe à la lecture de cet article, c'est le caractère négatif de la définition qu'elle contient: la haute mer y est décrite comme ce qui reste de « la mer », déduction faite de « la mer territoriale » et des « eaux intérieures ».

1. “Space for World Development”, which was chosen by the International Astronautical Federation as the main theme of its Vienna Congress in October 1972, is particularly relevant when referring to space communications. Indeed, a “global strategy of development”, during this second development decade, will largely be based on technological advances in the field of satellite telecommunications. Moreover, increased cooperation among States in this domain will certainly be of great benefit for mutual understanding among people and for world peace. Unfortunately, what one witnesses today is an earthbound picture of national rivalries projected into outer space. To be sure, regional and interregional agreements or even international instruments intended to have a world-wide basis retouch this picture. However, a unified system of communications comprising both the Eastern and Western countries does not so far exist. Such a system, under the authority of the United Nations or one of its specialized agencies, such as the International Telecommunications Union, which a few years ago seemed unlikely unless “some form of world government is acceptable to the great powers”, appears today somewhat more feasible. General principles for space communications have been and are presently elaborated which, if finally adopted, will, to some extent, contribute to a rapprochement of competing systems in space communications.

Il est difficile d'être complètement satisfait des résultats de la onzième session de la Commission du Droit International. La cause en doit être imputée notamment aux circonstances spéciales qui rendaient impossible la discussion des points à l'ordre du jour selon le plan établi par la Commission l'année passée. En effet, la Commission s'était proposée d'en terminer avec le projet sur les relations et immunités consulaires en première lecture. Elle aurait attaché du prix à pouvoir soumettre justement ce projet à l'Assemblée générale dans un délai relativement court car il avait apparu qu'il y avait une tendance à joindre la discussion sur le projet déjà soumis relatif aux immunités diplomatiques à celui relatif au droit consulaire. Ainsi, retarder la remise du projet sur le droit consulaire pourrait avoir comme conséquence de remettre également la mise-sur-pied d'une convention sur les immunités diplomatiques. La Commission n'a pu suivre ce plan parce que le rapporteur de ce sujet, le professeur žourek (Tchécoslovaquie) était absent pendant toute la première moitié de la session. Le Gouvernement de Bulgarie l'avait désigné juge ad hoc dans l'affaire de l'incident aérien entre Israël et la Bulgarie portée devant la Cour internationale de Justice à La Haye et les délibérations en cette affaire s'étaient prolongées au delà de toute attente. La Commission se trouvait donc obligée de remettre la discussion de ce sujet jusqu'à la venue de M. Žourek, et le temps qui restait était insuffisant pour en terminer la première lecture. Vu cette situation, la Commission a commencé ses travaux par l'étude du rapport de Sir Gerald Fitzmaurice (Grande-Bretagne), qui avait été élu président de la Commission, et les interrompit au moment de là venue de M. Žourek pour aborder le sujet du droit consulaire.