The Hague, February 7 Azerbaijani citizens participated in the snap presidential election at the polling station established at the Embassy of Azerbaijan in the Netherlands, demonstrating a high turnout.
“The voting process was conducted democratically, transparently, and fairly, in accordance with legislation. Azerbaijani citizens residing in the country expressed gratitude for the opportunity to exercise their electoral rights and the conditions provided to facilitate their voting experience.” Said H.E. Ambassador Rahman Mustafayev.
Azerbaijani citizens voting at the Embassy polling station.
Smugglers using secret compartments in cars / Major blow to Albanian drug trafficking network: 59 arrests across Europe
The Hague, 6 February 2024
Italian and Albanian authorities have taken decisive action against a major drug trafficking network operating from both countries. With the support of Eurojust and Europol in a large-scale operation, 59 suspects were arrested on 5-6 February, including in Albania, Italy, Germany and the United Kingdom, and 10 suspects were subjected to other precautionary measures in Italy. The network mainly smuggled heroin, cocaine, hashish and marijuana into Germany and Spain using cars with double bottoms or secret compartments.
Last year, 21 suspects were arrested in a first operation against the same Albanian-led organised crime group (OCG). That operation also led to the seizure of drugs worth an estimated EUR 2.7 million.
Initial investigations against the OCG were launched in 2019 by the Public Prosecutor’s Office (PPO) of Florence – District Antimafia Directorate. From January 2020, the Italian and Albanian authorities of the Special Anti-Corruption Structure (SPAK) in Tirana contacted Eurojust to coordinate cross-border judicial cooperation against this complex network. It operated from both Albania and Italy, transporting drugs by car to Spain and Germany, while other suspects were based in the Netherlands and the United Kingdom.
Judicial cooperation with Albania is facilitated by Eurojust, as it is one of the 11 countries outside the EU that has a Liaison Prosecutor at the Agency. At request of the Italian and Albanian authorities, Eurojust supported the creation of dedicated joint investigation teams between the PPO of Florence and SPAK and provided financial, logistic and operational support.
The Agency organised coordination meetings to prepare for today’s major action. It also set up a coordination centre to enable judicial cooperation with all national authorities involved during the action day.
Europol has been supporting the case since 2020. Its experts provided extensive analytical support and expertise on Albanian organised crime, enabling the identification of key targets and the mapping of their criminal activities across Europe. Two Europol officers were deployed on the ground in Albania and Italy during the action day to support the national authorities in their investigative measures.
The operation was carried out on the ground at the request of and with support from the following authorities:
Italy: Public Prosecutor’s Office of Florence; Carabinieri Corps with the support of the Italian Ministry of Internal Affairs – International Police Cooperation Service (SCIP)
Albania: National Public Prosecutor’s Office – Special Anti-Corruption Structure (SPAK); Albanian State Police, General Directorate
Germany: Public Prosecutor General’s Office in Naumburg; Public Prosecutor’s Office in Dessau-Roßlau; State Criminal Office Magdeburg
Spain: Antidrug Public Prosecutor’s Office at Audiencia Nacional; Central Court num.4 at Audiencia Nacional in collaboration with Investigative Court num.2 of Barcelona; FAST Spain of Policia Nacional
United Kingdom: The National Extradition Unit (NEU) of the Joint International Crime Centre’s (JICC)
On February 2, Ambassador Rahman Mustafayev of the Republic of Azerbaijan to the Kingdom of the Netherlands met with Ladislav Hamran, the President of Eurojust, the European Union Agency for Criminal Justice Cooperation.
During the meeting, both parties exchanged views on cooperation with the organization and discussed several other mutual interests. They also emphasized the importance of collaboration in legal assistance for criminal cases.
Strasbourg, 30 January 2024 – The President of the International Residual Mechanism for Criminal Tribunals (Mechanism), Judge Graciela Gatti Santana, concluded today a two-day mission to Strasbourg. During her mission, she met with high-level officials of the Council of Europe, including the President of the European Court of Human Rights (ECHR), Judge Síofra O’Leary, the Registrar of the ECHR, Dr. Marialena Tsirli, the Secretary General of the Council of Europe, Ms. Marija Pejčinović Burić, the Commissioner for Human Rights, Ms. Dunja Mijatović, and the Head of Division at the Secretariat of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Mr. Hugh Chetwynd.
During these meetings, President Gatti Santana had the opportunity to brief her interlocutors on the current focus of the Mechanism following the completion of core crimes cases, and the complex challenges the Mechanism shares with the Council of Europe in relation to strengthening the rule of law, promoting transitional justice, fighting hate speech, and securing State cooperation in a range of matters such as the enforcement of sentences and the arrests of persons accused in contempt cases. She also emphasised the importance of developing strong counter-narratives to combat the rise of genocide denial and revisionism during this phase of the Mechanism’s lifespan, and explained the Mechanism’s efforts to reach out to youth in the affected areas through teaching and learning opportunities.
The President further pointed to the fact that the Mechanism, being the international criminal tribunal with the highest number of convicted persons under its supervision, faces a shortage of States willing to accept convicted persons primarily due to limitations imposed by the legislation of many States on their enforcement capability beyond a certain number of years, which is in line with ECHR jurisprudence. She also expressed her gratitude for the support of the Council of Europe’s CPT to the Mechanism through inspections of prisons in certain enforcement States, and stressed the importance of collaborating closely.
Finally, President Gatti Santana and the Council of Europe officials exchanged views and best practices on securing State cooperation in the context of judicial activities, ensuring that international standards are upheld in the context of the execution of sentences, including in view of the specific needs of older prisoners, guaranteeing judicial independence and impartiality, managing large judicial records, and preserving the legacy as a way to bolster reconciliation prospects for future generations.
In a somber announcement that has reverberated across the nation, Namibia bids farewell to one of its most esteemed leaders, His Excellency Dr. Hage G. Geingob, President of the Republic of Namibia. Dr. Geingob’s passing on Sunday, the 4th of February 2024, has left the country in mourning, as he transitioned at approximately 00:04 while under the care of his medical team at Lady Pohamba Hospital. Beside him were his devoted wife, Madame Monica Geingos, and his children, sharing in the final moments of a remarkable life.
President Geingob’s departure marks the end of an era. Throughout his tenure, President Geingob stood as a beacon of hope and progress, embodying the spirit of Namibia’s liberation struggle and spearheading the nation’s journey toward prosperity and unity.
H.E. Dr. Nangolo Mbumba, Acting President of the Republic of Namibia, calls upon all Namibians to remain composed and united during this time of grief. The government is diligently attending to all necessary state arrangements, preparations, and protocols, with further announcements expected in due course.
The IGC New Year’s Champions Breakfast Meeting, held on 18 January at the Swiss Residence, inaugurated a series of four annual events convened by the Hague Steering Committee. Comprising the Embassies of Switzerland, Canada, and Colombia, alongside the International Development Law Organization (IDLO) and Women’s Initiatives for Gender Justice, the newly formed Steering Committee introduced themselves to The Hague Champions on this significant occasion. The event aimed to foster dialogue and collaboration among leaders committed to dismantling gender barriers and advancing gender equality in their respective spheres of influence.
The breakfast served as a platform for the Champions to delve into the nuanced topic of Gender and International Criminal Law. Drawing insights from the recent two-day Conference on Gender and International Criminal Law, orchestrated by Women’s Initiatives and collaborators, the co-editors of the seminal book, Gender and International Criminal Law, Indira Rosenthal and Susana SáCouto, delivered a thematic address. Their scholarly input laid the groundwork for stimulating discussions among the Champions, exploring the complexities of this pertinent issue.
Present were, among others the host, H.E. Ms. Corinne Ciceron Buhler, Ambassador of Switzerland, H.E. Ms. Shefali Razdan Duggal, Ambassador of USA, H.E. Mr. François Alabrune, Ambassador of France, H.E. Ms Elizabeth Ward Neiman, Ambassador of Panama, H.E. Dr. Jose Eduardo Malaya, Ambassador of the Philippines, H.E. Dr. Carolina Olarte Bacares, Ambassador of Colombia, H.E. Mr Greg French, Ambassador of Australia, International Criminal Court’s Registrar, Dr. Osvaldo Zavala.
The International Gender Champions (IGC) is a global leadership network that unites decision-makers dedicated to eliminating gender barriers and turning gender equality into a tangible reality within their domains. More information about the IGC and its mission can be found on their website: https://genderchampions.com/.
The New Year’s Breakfast Meeting served as a platform for meaningful discussions, networking, and the exchange of ideas on advancing gender equality. As the International Gender Champions initiative continues to gain momentum, events like these play a crucial role in mobilizing leaders and catalyzing positive change on the path toward a more inclusive and equitable world.
Rotterdam, a city renowned for its modernity and creativity, played host once again to the annual Rotterdam Photo Fair.
From 1 to 4 February being part of the Rotterdam Art Week, the event attracted approximately 10.000 visitors, among whom art lovers, collectors, gallerists, diplomats and international art press professionals from various parts of the globe. The Keilewerf located in the center of Rotterdam was transformed into a street-wise photography village and hub for photography fans, populated by 60+ shipping containers repurposed into exhibition spaces.
With a profusion of exhibitions, organized talks, workshops, and a fringe program with music and digital installations throughout the city; jazz music, street vendors, cafes, and restaurants on the festival’s location, it was easy to spent a day there.
Imagine – a word that evokes imagination, creativity, and limitless possibilities
From a broad range of submissions, the commission selected 69 photographers project exhibition photographers and 51 single image exhibition photographers to exhibit their work, based on the theme IMAGINE.
Photographers and artists questioned and transformed our world’s perception with their imagination, innovation and critical thinking. They explored diverse angles such as surrealism, portrait and landscape photography, and the romanticization of the everyday, manipulating theirs cameras, playing with light, using AI.
Among the selected artists Dan Hallmanstood out, captivating audiences with his unique approach to photography. Hallman, a graduate of the prestigious Parsons School of Design in New York, currently resides in The Hague, Netherlands, alongside his spouse, who serves as the Ambassador of Argentina.
“Making the Simple Complicated”
“My life long attraction to visual arts and photography began in the years leading up to pursuing my BFA from Parsons NY, followed by an extensive freelance photography career with a specialty in editorial, commercial and celebrity portraits.” he stated. In that time Hallman have always been creating abstract, conceptual work for himself and he is now solely focused on these bodies of work. “Some have categorised my large scale photos as “Abstract Expressionism in Photography” or “Kinetic” at times.” If you zoom in, it looks like brush strokes and they are more vibrant and energetic in person. It is the mood and “abstract expressionism in photography” that I am looking to present at times within this broader project.”
“The photographs presented are a representation of continuing bodies of work I consider paintings or drawings manifested in photographic form.” He expressed. “While shot digitally on my Leica or Canon, the images are all produced in a camera with no Photoshop retouching. I manipulate reality through long exposures, “painting” with the camera, using found forms and/or physically creating shapes of light with the camera to create the image.
Often using mundane moments of the day and presenting them in a way the viewer may never have seen or considered to be beautiful. I am making the simple visual, making the simple energetic, making the simple peaceful, making the simple bold, making the simple calm, making the simple important – making the simple complicated.”
Dan Hallman at Rotterdam 24
“I create photos, paintings and drawings which invite the viewer to engage and participate completing the piece. You feel compelled to look closer to see what it is. They are done in a way where the subject matter is not important and it is left entirely up to the observer to visually feel the piece and complete its meaning. Once again, the viewer completes the piece with their own interpretation of my words.”
Hallman’s works is held in private collections all over the world. While Hallman is known for his captivating portraits of emblematic figures from politics, science, arts, music, and Hollywood stars; from Meg Ryan to Dalay Lama, his extensive portfolio, which includes numerous publications of his portraits in Vanity Fair, The Hollywood Reporter, Glamour, Vogue, alongside his artistic works exhibited in renowned institutions like the Museum of The City of New York and Centro Cultural Borges in Buenos Aires, reflects his versatile talent and impact on the world of photography.
When one walks down Aguirre Avenue in Paranaque City (Manila) a simple facade hides one of the best restaurants in the Philippines. Once inside, one imagines oneself in a French bistro; the menus are accordingly.
I was the guest of chef and owner Tina Legarda there. Besides Tina – who mainly rules the kitchen – I found myself in select company including her father former oil company executive Chito Legarda and mother Bettina Kahn-Legarda, whose sister is married to former senator Ramon Magsaysay junior (son of the former president Ramon Magsaysay), Monsignor Achilles Dakay of Cebu archdiocese accompanied by Cebu business lady Leslie Cokaliong and PCGA Rear Admiral Ramon Moreno. As a non-Filippino I hugely enjoyed the conversation about Philippines’ old world life and history. Of course, the Monsignor chipped in about religious life in The Philippines, with the Catholic Church being the foremost religion.
The energetic Mrs. Tina Legarda is a highly appraised chef, who recently teamed up with Philippine Airlines to enhance their menus for international flights. She started cooking at the age of eight and loved it so much that she’s made a profession of it, having been multiple awarded by Tatler Dining. But she couldn’t have done without her mother whose old world recipes are closely guarded family possessions.
The restaurant has a homey country style, which makes you instantaneously comfortable. This is reflected in Tina’s creative cooking which is neither snooty nor expensive, yet wouldn’t be out of place in Europe’s leading cities eateries. For starters we enjoyed the Patatas Fritas (which sounds like the Dutch Patat Frites, but is completely different), which is fried potatoes with Chorizo, ham, beef topped with a poached egg. This was followed by the Bistro Street Salad, consisting of lettuce, tomatoes, grilled tenderloin, blue cheese and walnuts and the artichoke Crostini, with cottage cheese, almond, pesto and a dash of balsamic. Main course Crispy Lapu Lapu (fish) served with chorizo rice and garlic oil. Ending it all with the lovely Strawberry Schaumtorte desert, which consists of strawberries, almond meringue, whipped cream and toasted almonds.
As Tina Legarda exclaimed “my aim is to bring the tradition of Filipino, Asian and Spanish flavors in a modern manner, simply presented in comfortable surroundings”. In this La bamba Bistro not only succeeded with flying colours but represented the best what culinary Philippines has to offer.
In principle, the enforcement of foreign judgments is a national matter. But what if a dispute has already been dealt with by a foreign court? Can such a foreign judgment be enforced in the Netherlands or not?
A Dutch company and a US company have a dispute. This dispute was litigated in the United States. The US court ordered the Dutch company to pay damages and, on top, ‘punitive damages’. However, the Dutch company has all its assets in the Netherlands. So the US company has to collect money in the Netherlands. Can a US company simply enforce the judgment in the Netherlands?
The enforcement of judgments is a national matter. This means that, in principle, a foreign judgment cannot be enforced in the Netherlands. However, there are exceptions to this rule, namely:
A foreign judgment is valid in the Netherlands on the basis of a treaty on the recognition and enforcement of judgments.
A Dutch court allows enforcement of the judgment after a request for recognition and enforcement has been filed with the court.
Recognition of a foreign judgment on basis of a treaty
In practice, the main basis for the recognition of foreign judgments is not a treaty but the Brussels I bis Regulation that applies to all countries within the European Union. The Regulation provides that European judgments can be enforced throughout the European Union. The recognition and enforcement of judgments from another member state does not require a recognition procedure in the Netherlands. Thus, such judgments can be directly enforced in the Netherlands. Although Great Britain has left the European Union, British judgments can be recognized in the Netherlands based on a treaty Great Britain has concluded with the Netherlands.
Recognition of judgments may also be based on an international treaty, which provides that the treaty states recognize and enforce each other’s judgments without proceedings. The parties need not first apply to a Dutch court to request recognition. Only a few countries outside the EU have joined such a treaty. Treaties include, for example, the Lugano Convention (2007), to which Switzerland, Norway and Iceland, among others, are parties, and the Hague Recognition Convention (2019) signed by Russia and the United States, among others. However, these countries have not yet ratified the Convention.
In our example, treaty-based recognition is not possible. Although the US has signed the Hague Recognition Convention, it is not yet valid because it has not been ratified yet. So the US company has to use the other option, i.e. the recognition procedure.
Request for recognition and enforcement of a foreign judgment
If a foreign judgment cannot be recognized on the basis of a treaty, the party seeking to enforce the judgment must apply to a Dutch court for recognition. The main rule for these proceedings is that a Dutch court conducts a full and independent assessment of the dispute. This means, in effect, the proceedings must be repeated. However, the Dutch court may decide to adopt the foreign judgment.
However, there are requirements for adopting foreign judgments, namely:
The court that has issued the judgment must have jurisdiction
The proceedings must have the same safeguards as in the Netherlands (for example, the principle of hearing both sides and proper summoning of the parties)
The judgment must not be contrary to Dutch public policy
The judgment must not conflict with an earlier judgment on the same subject between the same parties
If all four conditions are met, the Dutch court can adopt the foreign decision.
For our example, this means that the US proceedings must meet the above requirements. The first requirement can be met simply if the contract contains a choice of forum clause. If it states that a US court has jurisdiction, the first requirement is met. Also, the safeguards in the proceedings will usually not be a problem in cases from the United States.
In our example, the Dutch company had been ordered by the US court to pay ‘punitive damages’. This is contrary to Dutch public policy because Dutch courts may only reward a compensation for actual damages. As a result, the US judgment is not eligible for recognition and enforcement and, in principle, the proceedings must be repeated in full. However, the court may pragmatically decide to take a foreign judgment as a starting point for its own judgement, except for punitive damages, as the Den Bosch Court of Appeal and the Oost-Brabant District Court did recently.
Tips
It is therefore wise, if it is foreseeable that you will have to enforce your judgment in the Netherlands, to seek advice of a Dutch lawyer prior to the proceedings. Even if you are not litigating in the Netherlands. This reduces the chance that you will have to conduct two lawsuits about the same claim. Or that you might go to great lengths to have punitive damages awarded for nothing, while it later turns out that you cannot collect them. It is also good to know that in the Netherlands full lawyer’s fees will only be awarded in exceptional cases.
It is also important to include a choice of forum in your contracts so that it is immediately clear which court is competent. In doing so, it is convenient to declare the law of that country applicable to the contract. Otherwise, a situation may arise where, for example, you have appointed a Dutch court that has to adjudicate the case under US law. Dutch courts are not familiar with this law and will therefore often have to call in an expert in this field. This can lead to considerably longer proceedings and higher costs.
Another possibility is litigation at the Netherlands Commercial Court (NCC) and by means of arbitration. The NCC is a special division of the Amsterdam District Court for international commercial matters, where proceedings can be conducted in English. Enforcement of a judgement in the NCC is still subject to the above rules. As regards arbitration, it is easier to enforce an arbitral award. Many more countries are party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards than to the conventions for the enforcement of court rulings.
At the end of 2023, the Silk Road Virtual Museum opened a new museum site devoted to ‘Silk along the Silk Road, 500-1500CE’. It was the largest museum we have ever opened, and we had to double the floor space to accommodate all the exhibits.
It includes silk robes and motifs covering almost one thousand years of silk production in China, Central Asia, and Europe. Many of the artifacts are not even on display in the museums where they are housed. This short essay introduces you to the collection.
Sometime, over eight thousand years ago, people living in the territory of what is now China learned how to spin and weave silk. About two thousand years ago, they began to trade silk with their neighbours to the West. But fifteen hundred years ago, they lost that monopoly as the secrets, and the means of production, were lost to the peoples of Central Asia.
In both these origin stories, the humble silk worm plays a central role. The tale is told of how, those several millennia past, the young Empress Leizu was drinking tree in her garden when a silk worm fell into her cup. Upon trying to retrieve it, she noticed a thin silk thread unravelling from the cocoon. Having a wild imagination and a flair for innovation, the young fourteen-year-old gathered more cocoons and started to weave the silk into cloth.
In the sixth century CE, it has been suggested that two diplomats/hangers-on smuggled silk worms out of China by hiding them in their walking canes, thereby establishing the industry in Central Asia. This, however, is only part of the story. Silk worms only eat mulberry leaves. A silk worm, weighing two grams, would consume one hundred kilogrammes of mulberry leaves over the two weeks of its gestation, or around twenty-thousand mulberry leaves – and that is for only one single worm.
There is a second complication. In the warm wet climate of China white mulberry bushes flourish, but they cannot survive in the harsh, dry climates of Central Asia. This need not be a problem, since the leaves of the black mulberry bush appeal equally to silk worm’s appetite. However, they take twenty years to reach full maturity and start producing sufficient leaves. Either the citizens of these dry climes were already addicted to mulberries, or else the establishment of the industry must have taken considerable capital and risk.
Although China no longer had a monopoly on silk production, the actual production of silk was influenced by foreign designs and foreign methods. The silk road was not only a vehicle for the transmission of religions and cultures, consumers could experience, and buy, different designs.
Sassanian portrayals of winged animals, floral patterns, and intricate geometric designs found an echo in Tang silk production. Some Tang dynasty textiles even featured foreign scripts and characters from Persian and Sogdian languages. In the other direction, Chinese dragon motifs and flowers such as lotus and peonies influenced output in Central Asia. Central Asia and Islamic designs also exerted their influence on the later European industry.
One thing that struck me when researching for the museum was the sheer advanced state of technology. In Lancashire, at least, school child learned that in 1733 a weaver called John Key invented the ‘flying shuttle’ and that this initiated the industrial revolution in cotton. It weaves cotton thread at twice the earlier speeds. Here it is (above) all 1.65 metres tall.
I was in awe when I first learnt about it so many years ago and, as a professor in economic history, it featured in all my first-year lectures. However, nothing prepared me for my first confrontation with a brocade loom on my visit to Nanjing last year – the Brocade Museum had a dozen, and yes, there is someone sitting half way up. It, or more accurately its forerunner, was responsible for most of the complex designs in costumes on view in the Virtual Museum.
Apart from its size and complexity, what is more amazing is that it was already operational at least five hundred years before John Key changed the humble hand-loom in use in the cottage industry throughout Europe.
The origins of the draw-loom, but the earliest record of their existence lies in China and dates originally from the twelfth century CE when Lou Shu wrote ‘Pictures of Tilling and Weaving’.
In it he illustrates the processes in both, accompanied by short poems. The hand-scroll copy in the National Museum of Asian Art (Washington DC) and used in our virtual museum dates from the 13th century. The image of the draw-loom bears a striking resemblance to the ones on display in Nanjing.
A perhaps more surprising feature of the scroll is that of the twenty-four images, half of the images describe the keen attention paid to harvesting, feeding, and caring for the cocoons, and only half on the processes of spinning, waving and folding the cloth.
This makes the origin story of the spread of silk production into Central Asia, from a few silk worms hidden in walking canes even less credible. But the knowledge did spread and the resulting display of colours and patterns is breathtaking.
The robes and motifs come from forty-four museums, spread across over nineteen countries. In addition, the exhibition draws from works held in private collections.
The ‘Silk along the Silk Road’ exhibition is open 24/7. There is no need to travel and it is completely free. You can visit the museum here:
