Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Netherlands
- Themes
- Type of document
- Explanatory memorandum
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Netherlands/1984/416
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Netherlands - Explanatory memorandum of 01/07/1984
Database of the CAHDI "The immunities of States and international organisations" - contribution of Netherlands - Explanatory memorandum of 01/07/1984
Explanatory memorandum to the Bill for the approval of the European Convention on State Immunity
Author(ity)
Minister of Justice and Minister of Foreign Affairs
Nature of the document
Explanatory memorandum
Date of the document
01/07/1984
Points of law
1. It is recognised that under conventional and customary international law certain persons, institutions or property cannot be made defendants in proceedings in Dutch courts or be made the subject of enforcement proceedings.2. In Dutch case law the theory of restricted immunity has now been firmly established. In the light of this broadly stated view of the Supreme Court, there is every reason to leave scope for Dutch courts to exercise the widest possible powers in entertaining proceedings against other Contracting States.
3. International law may at least be said not to require proof of the existence of a connection between the act and the territory of the State of the forum as a condition for jurisdiction of the court of that State, but the requirement that jurisdiction should not be based on exorbitant grounds must not be forgotten.
4. Judgments against a foreign State are in principle enforceable, but may not in any case be enforced against property destined for public use, according to the the Hague Court of Appeal.
5. To what extent such awards against a foreign State are subject to a judicial exequatur is a question to be determined only by the law of the State of the forum.