Showing papers in "Netherlands International Law Review in 1982"

A Third Generation of Solidarity Rights: Progressive Development or Obfuscation of International Human Rights Law?

Abstract: In recent years there has been growing support, manifested in various international fora, for the notion that a third generation of human rights, composed of solidarity rights, is emerging. The principal assumptions behind this concept are:(1) that the principal categories or sets of human rights presently recognized by international law (civil and political rights on one hand and economic, social and cultural rights on the other) can be termed respectively first and second generation rights;(2) that these rights are not sufficiently flexible or dynamic to be able to respond adequately to present circumstances;(3) that there is a set of more or less homogeneous demands which are distinguished primarily by the fact that solidarity is a prerequisite to their realization; and(4) that these new demands are presently in the process of acquiring international recognition as human rights.

The Entebbe Hostages Crisis

Abstract: States create the rules of international law for the express purpose of serving and advancing their respective national interests. States do not adopt useless, impractical or dangerous rules to regulate their relations in the first place. The requirements of international law are substantially, albeit imperfectly, congruent with the dictates of vital national interests and vice versa. Any system of law, even an imperfect one, usually proves to be more beneficial and therefore preferable to each participant than the existence of no legal rules at all. Therefore, in times of international crisis adherence to the rules of international law oftentimes proves to be in a state's best interest anyway. The reason why two cars approaching each other on a narrow mountain road obey the rules of the road by each driving on the right-hand side supplies an excellent analogy to why states will follow international law in time of crisis.

Recodification of the law in the Netherlands: the New Civil Code experience

Abstract: It now looks as though the middle of the 1980's will mark an important turning point in the development of Dutch civil law. By that time, books 3–6 and some parts of book 7 of the New Civil Code will probably have entered into force in the Netherlands. Two books have already come into force and it is expected that after 1985 the remaining parts of book 7 and book 8 will soon follow suit.

Asser Institute Lectures on International Law: Developments and Prospects of the Doctrine of State Immunity – Some Aspects of Codification and Progressive Development

Abstract: The speaker expresses his indebtedness to the T.M.C. Asser Institute for the opportunity afforded for his return to The Hague, which he considers to be the natural habitat of many an international lawyer. The Hague has long been and still remains the centre for international adjudication, arbitration and other activities in the field of pacific settlement of disputes. The speaker is particularly gratified to be back at the birth place of the illustrious Hugo de Groot, whose four hundredth birthday anniversary is soon to be celebrated, not only in The Netherlands, but also the world over. Many great names have indeed followed that of Grotius. To name but one further, Cornelius van Bijnkershoek ranks among the celebrated classics of international law.

The Origins and Development of International Fluvial Law in Africa: A Study of the International Legal Regimes of the Congo and Niger Rivers From 1885 to 1960

Abstract: The importance of the role that rivers have played in man's social and economic advancement cannot be overemphasised. The earliest civilizations originated and flourished around what are still some of the world's most important river systems. These rivers were not only essential for the growth and improvement of agriculture, but they also provided possible channels of communication, thereby enabling the most ancient forms of contact and trade among the early riparian communities.