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THE HAGUE, LEGAL CAPITAL OF THE WORLD
Asser Press / Cambridge University Press, 2005, ISBN
90-6704-185-8
The Röling Foundation, together with Webster
University Leiden and in association with the Hague
Academic Coalition, organized, at the occasion of
the launch of this Volume a seminar at the Peace
Palace, February 24th, 2005.
Speakers included Schrijver, Fodha, van der Hout,
van Kesteren, and Scott Spence. The seminar was
co-chaired by Van Hoogstraten and Van Krieken and
focused on the role of the Hague-based institutions
and organizations, espeecially in light of plans and
proposals to reform the UN.
The Volume concerned focuses on the many
institutions and organizations based in The Hague,
turning it into a real legal capital.
Former United Nations Secretary-General Boutros
Boutros-Ghali was the first to call The Hague the
‘legal capital of the world’. The Hague: Legal
Capital of the World guides the reader through
the city that hosts the world’s main legal bodies,
such as:
the International Court of Justice (the ‘World
Court’)
the International Criminal Court
the Yugoslav Tribunal
the Organization for the Prohibition of Chemical
Weapons
and many others.
Renowned experts (Askin, Judge Brower, Blokker,
Combs, Dunworth, Eyffinger, Grosselfinger, Van
Hoogstraten, Lagerwaard, Limburg, Van Loon, Shifman,
Tabassi, Spence and – last but not least - Shabtai
Rosenne) offer clear exposition and incisive
analysis, supported by fact sheets and key
documents. Alongside the cases that make the
headlines, the reader will discover lesser-known but
surprisingly influential organizations, such as the
Permanent Court of Arbitration and the Hague
Conference on Private International Law. A rich
introductory section adds historical context and
legal essentials.
For those in search of information on international
law, international organizations, arms control or
dispute settlement, this volume is an indispensable
introduction, reference work and textbook. But above
all, it is a testament to the vital importance of
the rule of law and the special role The Hague plays
in promoting peace and justice.
‘The present book – The Hague: Legal Capital of the
World – serves the purpose of explaining in clear
and matter-of-fact terms the institutions present in
The Hague and how one can make use of them. It
should be a useful tool in capitals and at the
diplomatic representations in The Hague. But it
should also be of use in teaching and at
non-governmental organizations.’
Hans Corell, former Legal Counsel
of the United Nations
‘By providing scholarly analysis of over a century
of developments in The Hague, it forms a significant
addition to the available literature on the subject.
Naturally, the information in the book also provides
a solid basis for understanding future developments,
such as the work of the International Criminal
Court.’
Wim
Deetman,
Mayor of The Hague
‘We in the Netherlands are proud to be at the heart
of international legal practice and theory. When you
read the interesting contributions to this book, you
will undoubtedly understand why.’
Bernard Bot, Minister of Foreign
Affairs of the Netherlands
TABLE OF CONTENTS
Forewords
A. The Netherlands’ Minister of Foreign Affairs
Bernard R. Bot
B. The Mayor of the City of The Hague
Wim J. Deetman
C. The United Nations Legal Counsel
Hans Corell
Acknowledgements
BACKGROUND AND CONTEXT
Chapter 1
Introduction
Peter van Krieken and David McKay
Chapter 2
Living Up to Its Tradition
Arthur Eyffinger
2.1 The Hague, history and identity
2.2 The 1899 Peace Conference
2.3 The pacific settlement of disputes
2.4 Humanitarian issues
2.5 Disarmament, peacekeeping, conflict
prevention and monitoring
2.6 Epilogue
2.7 Further reading & websites
Chapter 3
The Hague
in the World – the World in The Hague
Bob Lagerwaard
3.1 Origins of The Hague
3.2 Permanent establishment of government in The
Hague
3.3 The ‘modern’ age
3.4 Developments after the Second World War
3.5 The ‘renaissance’ period – 1990 to the
present
3.6 Success
3.7 Other campaigns
3.8
A dynamic host city
3.9
Further reading & websites
Chapter 4
Headquarters Agreements
4.1 On Unity and Diversity in Headquarters
Agreements
Niels Blokker
4.1.1 Introduction
4.1.2 Rules for the relationships between
international organizations and host
States:
lack of a general regime
4.1.3 Headquarters agreements concluded by the
Netherlands
4.1.4 Explaining the unity and diversity of
headquarters agreements
4.2 Relevant documents
4.2.1 ICTY – Headquarters Agreement – various
documents
4.2.2 OPCW – Headquarters Agreement
4.3 Further reading & websites
Chapter 5
The Depositary Role of The Hague
5.1 The Hague: A Depositary City
Gerard Limburg
5.1.1 Introduction
5.1.2 Review of the treaties administered by the
Netherlands
5.1.2.1 The Hague Peace Conference
conventions
5.1.2.2 The Hague conventions on private
international law
5.1.2.3 Miscellaneous
5.1.3 Procedures
5.1.4 Conclusions
5.2 Treaties of which the Netherlands (The
Hague) is the depositary
5.2.1 Chronological order
5.2.2
Thematic order
CONFLICT RESOLUTION
Chapter 6
The Permanent Court of Arbitration
6.1 The Permanent Court of Arbitration
Bette Shifman
6.1.1 Introduction
6.1.2 Origins of the Permanent Court of
Arbitration
6.1.3 The Second Hague Peace Conference and the
1907 Convention
6.1.4 Methods of dispute resolution
6.1.5 Organization of the Permanent Court of
Arbitration
6.1.5.1 International Bureau
6.1.5.2 Administrative Council
6.1.5.3 Members of the Court
6.1.6 Development of the Permanent Court of
Arbitration
6.1.6.1 Early cases
6.1.6.2 The Permanent Court of Arbitration
from 1907 – 1976
6.1.6.3 Contribution to international law
and dispute resolution
6.1.6.4 The UNCITRAL arbitration rules: a
new role for the Permanent Court of
Arbitration
6.1.6.5 The Iran-United States Claims
Tribunal
6.1.7 The revitalization of the Permanent Court of
Arbitration
6.1.8 Conclusion
6.2 Relevant documents
6.2.1 Introduction
6.2.2 Convention for the pacific settlement of
international disputes – 29 July 1899
6.2.3 Convention for the pacific settlement of
international disputes – 18 October 1907
6.2.4 Model clauses
6.2.5 Contracting states as of April 2004
6.2.6 Panel of arbitrators
6.2.7 Recent and pending cases
6.3 Further reading & websites
Chapter 7
The International Court of Justice
7.1 The International Court of Justice at the
Beginning of the Twenty-First Century
Shabtai Rosenne
7.2 Relevant documents
7.2.1
United Nations Charter (excerpts)
7.2.2
ICJ Statute
7.2.3
Court cases by country
7.2.4
Court cases by year
7.3 Further reading & websites
Chapter 8
The Iran-United States Claims Tribunal
8.1 The Iran-United States Claims Tribunal
Judge Charles Brower
8.1.1 The genesis of the Tribunal: the Iranian
revolution and the hostage crisis
8.1.2 The structure and organization of the
Tribunal
8.1.3 The nature of the Tribunal
8.1.4 The Tribunal rules: modification of the
UNCITRAL rules
8.1.5 The formative early decisions of the
Tribunal
8.1.6 A dramatic early challenge that confronted
the Tribunal
8.1.7 The middle years of the Tribunal
8.1.8 The twilight years
8.1.9 An overall assessment of the Tribunal
8.1.10 The legacy of the Tribunal
8.2 Relevant documents
8.2.1 Declaration of the Government of the
Democratic and Popular Republic of
Algeria
(General Declaration), 19 January 1981
8.2.2 Declaration of the Government of the
Democratic and Popular Republic of Algeria
concerning
the settlement of the claims by the
Government of the United States of America and the
Government of the Islamic Republic of Iran (Claims
Settlement Declaration), 19 January 1981
8.3 Further reading & websites
INTERNATIONAL CRIMINAL LAW
Chapter 9
The Ad Hoc International Criminal Tribunals
9.1 The Yugoslav Tribunal: An Ad Hoc Tribunal
Prosecuting Individuals Accused of Serious
International Crimes
Kelly Askin
9.1.1 Introduction
9.1.2 Establishment of the Yugoslav Tribunal
9.1.3 Key provisions of the ICTY Statute
9.1.4 Basic operations of the Tribunal
9.1.5 Proceedings before the Tribunal
9.1.6 Other milestones and challenges
9.2 Relevant documents
9.2.1 Statute of the International Criminal
Tribunal for the former Yugoslavia
9.2.2 Security Council Resolution on the
appointment of the ICTY Prosecutor
9.2.3 The International Criminal Tribunal for
Rwanda: various documents
9.3 Further reading & websites
Chapter 10
The United Nations Detention Unit
10.1 The United Nations Detention Unit
Nancy Grosselfinger
10.2 Relevant documents
10.2.1 The United Nations Detention Unit Agreement
10.2.2 The United Nations Detention Unit Rules
Chapter 11
The International Criminal Court
11.1 The International Criminal Court
Nancy Combs
11.1.1. Introduction
11.1.2 Complementarity
11.1.3 Jurisdiction
11.1.4 The role of the Prosecutor
11.1.5 Enforcement powers
11.1.6 The ICC and its most vocal critic, the United
States
11.1.7 Conclusion
11.2 Relevant documents
11.2.1 Rome Statute of the International Criminal
Court
11.3 Further reading & websites
THE LAW OF WARFARE
Chapter 12
Arms Control: Chemical Weapons
12.1 The Organization for the Prohibition of
Chemical Weapons
Treasa Dunworth
12.1.1 Introduction
12.1.2 An historical overview
12.1.3 The Chemical Weapons Convention
12.1.4 The Organization
12.1.5 Conclusion
12.2 Relevant documents
12.2.1 Chemical Weapons Convention
12.2.2 List of annexes to the Chemical Weapons
Convention
12.3 Further reading & websites
Chapter 13
Arms Control: Biological Weapons
13.1 The Case of the Organization for
the Prohibition of Biological Weapons
Lisa Tabassi and Scott Spence
13.1.1 Introduction
13.1.2 The overall goal of ‘general and
complete disarmament under effective international
control
13.1.3 Treaty regimes for weapons of mass
destruction
13.1.3.1 Nuclear
13.1.3.2 Chemical
13.1.3.3 Biological
13.1.4 Prospects for the establishment of
an OPBW
13.1.4.1 Efforts leading to the 2001 draft
Protocol to the BWC
13.1.4.2 The 2001 draft Protocol and its
collapse: the end of an OPBW for now
13.1.4.3 The resumed Fifth Review Conference:
the ‘New Process’
13.1.4.4 Other current activities
13.1.5 Conclusion
13.2 Relevant Documents
13.2.1 The 1972 Convention on Biological
Weapons
13.3 Further reading & websites
INTERNATIONAL PRIVATE LAW
Chapter 14
The Hague
Conference on Private International Law
14.1 The Hague Conference on Private
International Law
Hans van Loon
14.1.1 Introduction
14.1.2 Origins
14.1.3 Significance of the Conference’s work
14.1.4 The Hague Conference and other international
organizations
14.2 Table: Current status of signatures,
ratifications and accessions
14.3 Further reading & websites
CARNEGIE AND SCHUMAN
Chapter 15
Carnegie: the Foundation, the Academy and the
Library
16.1 A View from the Peace Palace
Steven van Hoogstraten
16.2 Further reading & websites
Chapter 16
Schuman: European Organizations
15.1 Some Other International Organizations in The
Hague:
Europol, Eurojust and the OSCE High
Commissioner on
National Minorities
David McKay
15.1.1 Europol: the European Police Office
15.1.2 Eurojust: the European Judicial Cooperation
Unit
15.1.3 The OSCE High Commissioner on National
Minorities
15.2 Further reading & websites
About the Contributors
Abbreviations
Index
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