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
Attachments
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
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.

Specific provision(s) of the document

n/a

Sources

Kamerstukken 17485, no. 3.

Additional information (explanations, notes, etc.)

n/a