Promoting the rule of law in the Western-Balkan countries and Turkey

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T.M.C. Asser Workshops: Promoting the rule of law and strengthening the judiciary in the Western-Balkan countries and Turkey By Dr Tamara TakĆ”cs, Senior Researcher T.M.C. Asser Instituut Utilising their expertise in the areas of international law, human rights and the rule of law, senior experts from the T.M.C. Asser Instituut designed and delivered a series of five workshops for legal professionals in the period November 2014 to January 2015, focusing on topics that are of particular relevance to the legal systems and experiences of the Western Balkan states and Turkey. Below, brief reflections on two of the workshops, namely the Role of the judiciary in fighting corruption held in Skopje, Macedonia and Legal Aid held in Sarajevo, Bosnia and Herzegovina. These workshops brought together judges, prosecutors and policy-makers to discuss the most pressing challenges in and reform aspirations for their states with respect to these two subject areas. At both workshops the participants of the target countries (Albania, Bosnia and Herzegovina, Serbia, Macedonia, Montenegro, Kosovo and Turkey) presented and evaluated the overall legal framework in their respective countries, as well as the major hurdles and everyday challenges that members of the judiciary face. Lively discussion followed suit, which allowed for the sharing of views, best practices and offering suggestions among the participants. The participants at the workshop in Skopje took particular note of the various challenges present in the fight against corruption, such as: institutional fragmentation that halts prosecution of corruption cases, the highly politicised character of some of the cases that come before judges and prosecutors, and, in some instances the lack of adequate deterrent sanctions. Positive experiences were also noted by pointing out successful investigations into and prosecution of corruption cases, and exposure of high-profile corruption incidents. The workshop also included representatives from the Office for Organized Crime and Corruption in Skopje and Transparency Internationalā€™s Macedonia branch. The workshop in Sarajevo focused on the promotion of access to justice and legal aid mechanisms and offered insight into each participating countryā€™s particular situation with respect to these important issues. Financial constraints, an underdeveloped legal framework with respect to these subjects and a lack of information of the general public were highlighted as major obstacles to promoting access to justice and an effective legal aid system. At the same time, the important contribution that non-governmental organisations (ā€œNGOsā€) make in providing legal assistance to those seeking remedies through the legal process was highlighted as a distinct positive development in most of these countries. The programme was complemented by a presentation from a representative of a legal aid NGO, followed by a presentation from a representative of the Dutch Legal Aid Board on Dutch best practices in providing legal aid mechanisms. The final workshop in the series, Enhancing the use of ADR, took place in Belgrade, Serbia on 23 January 2015. This series of workshops drew participants from the alumni of the MATRA Patrol programme (see http://www.asser.nl/education-training/matra-patrol/). The project has been sponsored by the Dutch Ministry of Foreign Affairs. Ā 

OSCE ā€“ Chairmanship of the Republic of Serbia in 2015

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By H. E. Petar Vico, Ambassador of the Republic of Serbia to the Kingdom of the Netherlands. On the 15th of January 2015 Republic of Serbia took over the Chairmanship of the Organization for Security and Co-operation in Europe (OSCE). This year marks the fortieth anniversary of the Helsinki Final Act ā€“ the document which gives guidance on the norms and principles we are committed to. Although much has changed since then, our responsibility to act consistently in defense of the very norms and principles of this document is ever more relevant. The notions that prevail in this legacy are those of dialogue and compromise, peaceful resolution of disputes, confidence-building and cooperation. They will be the main principles of our Chairmanship in addressing the current challenges we are all facing. Based on these fundamental principles upon which the OSCE was founded, we will also place high on the agenda the resolution of protracted conflicts in the OSCE area through agreed formats. We believe that there is room to try to move away from the status quo and we should step up our efforts in that direction. Indeed, our OSCE Chairmanship comes at a very difficult moment. The situation in Ukraine continues to pose a serious challenge and our main priority is to support all efforts which can lead towards a peaceful solution. There is a deep concern over the escalation of violence in Ukraine. The situation can not be settled on the battleground but only at the negotiating table. Together with the Troika, we work with the main stakeholders on the peaceful solution through dialogue. We strongly support the work of the Trilateral Contact Group and the OSCE Special Monitoring Mission to Ukraine. Republic of Serbia acts as an honest and neutral broker which has one main goal – to contribute in reaching sustainable peace and security. We strongly believe that the Chairmanship of a country from the Western Balkans will bring significant value to the work of Organization, particularly in the light of translating the lessons learned from our experiences to the wider OSCE geography. Experience we have as a post-conflict society built on a series of negotiations and agreements can not only contribute, but also be a valuable negotiating advantage when dealing with current issues. Serbia is an important factor of regional stability and economic development and we have been investing a great deal of effort into improving relations in the region. Western Balkans was a region of conflict for too long. During the flooding in May last year, the Balkan region had shown through solidarity and cooperation that it belonged to the system of values fostered by the European Union and, in some way, demonstrated what a fundamental regional cooperation really means. During our Chairmanship we will pay special attention to the regional cooperation because we strongly believe that this segment of international relations is the basic pillar of the security and stability in the OSCE region. Recent tragic events all around the world have unfortunately highlighted once again that the international community should remain vigilant in the face of emerging terrorist threats. In that light we will devote particular attention to the phenomenon of foreign terrorist fighters, violent extremism and radicalization that lead to terrorism, particularly the radicalization of youth. Other than the counter-terrorism issues, activities in the first dimension will be focused on emerging threats of cyber-security, mutual impact between organized crime and countering trafficking in human beings and irregular migrations, as well as on the issues of security sector governance and reform. Second dimension willĀ Ā  address the issues which are partly motivated by our national priorities such as anti-corruption, water governance and disaster risk reduction and preparedness. We will strive to further update and strengthen the implementation of all OSCE human dimension commitments through strengthening national institutions for protection of human rights. Emphasis will be on the rule of law, freedom of expression and freedom of the media, including safety of journalists, freedom of assembly and association, protection of rights of persons belonging to national minorities and promotion of tolerance and non-discrimination. The OSCE Chairmanship is a great international recognition for the Republic of Serbia and we will spare no effort to justify this trust. We are aware that a lot of work is ahead of us, but being a serious and credible partner, we will continue to work on finding the best ways and mechanisms to implement OSCE principles for solving crisis and improving the security and cooperation in Europe.    

The world’s legal capital, a project under construction

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By , Steven Hoogstraten, Carnegie Foundation. In 2012, the City of The Hague has been given the right to include the two terms ā€œPeaceā€ and ā€œJusticeā€ in its coat of arms. This was done by an official decree, ending the primacy of the Haagse Ooievaar (The Hague Stork), which one could find on the letterhead of the cityā€™s administration. This caricature was dubbed as the Reiger by the Haguenois (say ā€œde rĆØgerā€ to come close to the cityā€™s dialect). So Peace and Justice came to replace an old feature of the city, and those who are working in the world of international relations will be pleased with this development. So the City of The Hague is definitely a city of international orientation, a city where these notions of peace and justice are important. Everyone will understand that this image is based on the work of the international institutions, which produce a unique mix of administration of justice and international regulation, like the International Court of Justice of the United Nations and the Permanent Court of Arbitration (both in the Peace Palace), the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the Special Tribunal for Lebanon, the Organization for the Prohibition of Chemical Weapons and The Hague Conference on Private International Law. These are the key international players, I could go on with other notable institutions in the sphere of European cooperation (Eurojust, Europol) and the NGOā€™s. The creation of the International Criminal Tribunal for the former Yugoslavia led for the first time to the notion of The Hague as the ā€œJudicial Capital of the Worldā€, which developed over time in what the United Nations Secretary General Ban Ki-moon called ā€œthe Legal Capital of the World, the Epicentre of Justice and Accountabilityā€. These were the exact words he used in his speech during the centenary celebration of the Peace Palace in 2013.   Steven van Hoogstraten It is tempting to continue on the work of the international institutions, but for this article I would like to highlight the layer of activities which one finds underneath the level of official institutions. The second Peace Conference of 1907, supported by the legacy of Hugo Grotius and the work of Tobias Asser, led to the creation of The Hague Academy of International Law. Since 1923 , academic summer courses on international law ā€“ both public law and private law – have been organized in the Peace Palace. These courses bring some 600 students to The Hague for 3 weeks. So, well over 40.000 students have been formed in The Hague, enjoyed the city in all respects, stayed with hospitable landlords and landladies. They make for an impressive group of alumni. The same can be said about the Institute of Social Studies which has given extensive education and training to many students from the developing world. At the Institute of Social Studies the students normally stay for an educational program which takes a longer period of time. When the diplomatic conference on the International Criminal Court had to decide on the location of its Headquarters ( his was in 1994) many delegates said to the visiting Mayor of The Hague Wim Deetman of that time : ā€œWe know The Hague well, because we participated in the work of The Hague Academy or the Institute of Social Studies.ā€ And The Hague became the preferred partner for the International Criminal Court. The city is now allowing for a 300 million new headquarters to be built on the corner of the Waalsdorperweg and Alkemadelaan. The court is a major asset for the further development of The Hague. Staying on the path of the academic institutions, the T.M.C. Asser Institute has over nearly 50 years built a name for itself as an interuniversity institute for study and teaching of international law. It is part of the structure of the University of Amsterdam, in the sense that the funding comes from this university. The same story of international awareness and fame can be attributed to the Clingendael Institute, which is essentially devoted to international relations, and is or should be the diplomatic school of the Netherlands. The experts of Clingendael Institute are often asked to give their comments on the Dutch radio and TV about international defence matters, energy policy, or the Middle East and so on. Other partners of The Hague Academic Coalition (HAC) are showing an eagerness to play their distinctive roles in the international arena, like The Hague Institute for the Internationalisation of Law (Hill) with its innovative legal concepts. Still on its way up is The Hague Institute for Global Justice (THIGJ), meant to be a strong think & do tank for questions of international justice, more in particular the interface of justice, peace and global governance. The Netherlands Government made the start of this institute possible with a royal subsidy, but does expect The Hague Institute for Global Justice to become funded by external (non-government) sources by 2017 /2018. The ambitions of The Hague Institute for Global Justice can be seen as becoming a sort of Brookings at the North Sea, and its staff are working hard to deliver high quality services and create a professional profile which does not take the place of other more established institutions. With the Leiden University now well implanted in The Hague (2000 students, Grotius Centre for International Law, and a University College for promising young students), with the Haagse Hogeschool (The Hague University of Applied Sciences) bringing over 10.000 students to The Hague, and the Technical University of Delft now on its way to also start programs in The Hague, one can safely say that The Hague is gradually attracting a serious academic profile, even without having its own Alma Mater.PeacePalaceTheHague I think it would be a good idea to make all this more visible, for instance with one official day of the year in full colours, in a location of some importance and a speech looks at the ethics of international justice. Such an event could well set the agenda for the Legal Capital for the year to come. It would fill a void, which I notice basically every day: we are all very active but the grand design is missing. The concept of the Legal Capital of the World is founded on the pillars of the institutions, but the open debate, the statements by high level visitors and sparkling intellectual exchanges are too limited. In some way or other we have not yet been able to get this organized. As I said in the beginning, the coat of arms of our City of The Hague mentions Peace and Justice as the central notions, which means that the basis of an important heritage is there. But we still have to do a good deal of shaping of that heritage in the years to come. Be open to visits by journalists and legal professionals, attract visiting professors, organize public and televised debates, create a structure where public and private partners can meet, are all elements of a more structural approach. The same goes for being ready to host international negotiations or mediations, which seem to stick to Geneva or to capitals of other countries. It would help undeniably if support would be forthcoming for the cultural side of the efforts in the field of peace and justice like the recent week of the Orchestre pour la Paix, which will go on to play in Geneva and New York if sufficient funds can be found. We should find a way to reinstate The Hague Prize for International Law, which has its place next to the more peace oriented Carnegie Wateler Peace Prize which was awarded in the Peace Palace in an elegant fashion in 2014 to Algerian Lakhdar Brahimi, the famed UN envoy and mediator. These are just a few thoughts on how we can improve a quality which is inherently available but needs to be polished.    

Looking at the Digital Economyā€™s Future through a Transatlantic Perspective

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How the Transatlantic Digital Economyā€™s Priorities can effect the Overall Economic Growth By: Mirsada Hallunaj.   Digital Economy and Its Importance Considering the widespread impact and the growth of the digital economy on the overall economy, people and governments all over the word are aware of its importance and dynamics. Digital economy or ā€œinternet economyā€ refers to an economy which performs its activities based on digital or other information and communication technologies (ICT). A comprehensive definition on digital economy is given by Professor Stephen M. Mutula in his book ā€œDigital Economies: SMEs and E-Readinessā€.[1] The Figure 1 above shows that by comparing some of the priorities[2] or effects of ICT growth, Europe stays behind U.S. in the terms of total growth.[3]Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā    Ā Ā Ā Ā Ā Ā Ā Ā Ā Figure 1Ā  Figure 1[4] Taken into consideration the dynamics of the digital economy nowadays, both EU and U.S. have expressed theirs commitment on this issue. A key topic between EU and U.S. during the negotiations of Transatlantic Trade and Investment Partnership (TTIP)[5] were to devote a chapter of to the digital economy, the same as for (SMEs). Because of impact the digital economy has on economic growth and high employment opportunities this working paper aims to provide a comprehensive panorama of the digital economy in both sides of the Atlantic and conclude with some important recommendations which can serve as bridging issues for a transatlantic cooperation.   Digital Economyā€™s Priorities in Europe and U.S. Digital Agenda for Europe (DAE)[6] The Digital Agenda for Europe (DAE) was published for the first time in May, 2010 and contains 101 actions, in 7 pillars (priority areas), the implementation of which is considered highly important because of their direct impact in jobs and economic growth in Europe. The main objective of DAE is to help in the growth of Europeā€™s economy and empower citizens and businesses improve their access and use of digital technologies. The digital economy is growing at seven times the rate of the rest of the economy.[7] At the official webpage of the DAE it was considered that full implementation of the updated Digital Agenda will have a direct impact on European GDP, investment in ICT, innovation and jobs.[8] The European Digital Priorities are determined by identifying 7 key areas which will help in economical and jobs growth across Europe. Published on 18th November, 2012[9] the main priorities are: Ā 1. Create a new and stable broadband regulatory environment. 2. New public digital service infrastructures through Connecting Europe Facility loans 3. Launch Grand Coalition on Digital Skills and Jobs 4. Propose EU cyber-security strategy and Directive 5. Update EU’s Copyright Framework 6. Accelerate cloud computing through public sector buying power 7. Launch new electronics industrial strategy ā€“ an “Airbus of Chips” The DAE contains 13 specific goals[10] targeted with the use of technologies. The Annual Digital Agenda Scoreboard[11] measures the progress against the above mentioned targets by comparing the progress of each Member State. Other important aspects of the Digital Agenda are presented in their respective sections. These aspects include opportunities, policies and projects in different digital areas: Living Online;[12] Growth & Jobs;[13] About Science and Technology;[14] Telecoms & Internet;[15] Content & Media;[16] The Digital Agenda & You.[17] Despite the commitments to fulfill DAE priorities, the digital economy in Europe is facing many challenges beginning from: a digital single market, cybercrime risks, lack of professional ICT skills, digital literacy and interoperability, investments in networks and R&D, the use of e-Government or other digital services addressing social issues. Ā Ā Ā  Ā  United States Digital FrameworkĀ  In the U.S. the Department of Commerce[18] is the most important government body with its Bureaus responsible for developing policies that facilitate the digital economy. On 28th January, 2014 the U.S. Commerce Secretary Penny Pritzker addressed the 10th annual State of the Net conference[19] underlying the commitment to promote policies that support Americaā€™s digital economy and good Internet policy that supports entrepreneurs, businesses, and their workers. At the same time The National Telecommunications and Information Administration (NTIA)[20], located within the Department of Commerce, is the Executive Branch agency that is principally responsible by law for advising the President on telecommunications and information policy issues. NTIAā€™s programs and policymaking focus largely on expanding broadband Internet access and adoption in America, expanding the use of spectrum by all users, and ensuring that the Internet remains an engine for continued innovation and economic growth[21]. Internet Policy:[22] The main goals and priorities are the growth of the Internet, developing policies to preserve an open, interconnected global Internet that supports continued innovation and economic growth, investment, and the trust of its users, the importance of the multistakeholder model of Internet policymaking.Ā  The Departmentā€™s Internet Policy Task Force[23] identifies leading public policy and operational challenges in the Internet environment.Ā  The Task Force is committed to maintaining the global free flow of information online[24] and offers the expertise in important issues like online privacy, copyright protection and cubersecurity. Broadband:[25] The main priority is to increase broadband Internet access and adoption in America, which supports economic growth, job creation, and improved education, health care, and public safety. NTIA administers the Broadband Technology Opportunities Program (BTOP),[26] the main goal of which is to expand broadband services access across the United States, within three project categories: Comprehensive Community Infrastructure; Public Computer Centers and Sustainable Broadband Adoption. Other priorities and Initiatives of NTIA are: Domain Name System,[27] Public Safety,[28] Grant Programs,[29] Institute for Telecommunication Sciences[30] and Digital Literacy.[31]Ā Ā Ā  Meanwhile considering the fact that the main goal and impact of digital economy is the economic growth, the State Department ofĀ  Economic Growth, Energy, and the Environment[32] has an important role as well in developing and supporting policies related with digital economy, specifically the Bureau of Economic and Business Affairs (divided into seven areas).[33] On 23rd May, 2012, President Obama issued a directive entitled ā€œBuilding a 21st Century Digital Governmentā€.[34] To deliver better digital services to American people it was launched a comprehensive Digital Government Strategy.[35]   A Comparative Approach between EU and U.S. 1. Fragmented Digital Market: First, one of the biggest challenges in Europe remains the Digital Single Market. Many barriers still are present and the free flow of online services across national boarders is problematic. Second is related with EU telecoms market strongly fragmented and insufficient scale due to 200 national operators in Europe compared to 4-5 nation-wide operators in the U.S. and China. American and Asian markets are able to generate and save hundreds of million revenues because of their consolidated markets. The lack of scales-ups in Europe harms industry and investments. U.S. benefits from lower spectrum costs in Europe.[36] Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā  Figure 2 Figure 2[37] 2. Research and Innovation/Investments: Currently, EU investment in ICT research is still much lower than U.S. levels.[38] Europe must invest more to develop further the research and innovation. Support for R&D in ICT is considered well below the annual growth needed to achieve a targeted doubling by 2020.[39] Europe still lacks Investments for high-speed networks evaluated to 270 bn. EUR. Long term investment in Europe of 130 EUR per capita is well below 170-180 EUR investment in the U.S. and Asia Pacific. Ā  Ā  Figure 3 Figure 3[40] 3. Competitiveness: Europe is facing problems and losing ground in almost every segment of the ICT industry. American and Asian companies are dominating global markets. A little more than 10 percent ofglobal ICT revenues aregenerated by Europeancompanies.[41] Many European companies have been bought by American companies (Microsoft-Nokia), have been bankrupted (Siemens Mobile) or have been exited (Ericsson). Global players are entering into Europeā€™s Digital Economy. Many European industries areincreasingly reliant on non-European ICT players.[42]   Ā Ā  Figure 4 Figure 4[43] 4. Regulation Regime: Europe is far-reaching the market regulation as result of hard and traditional regulations, which not meet the investment challenge. One of the main differences between EU and U.S. is that American and Asian companies favorite infrastructure or services competition. At the same time the institutional framework in Europe is much complex and the access is more restrictive. Regulatory regime in Europe favors non-investment unbundles.[44]Ā Ā Ā  Ā  5. Decline of Telecom Revenues: Ā Even the IP traffic grows the revenues goes down and despite huge growth in demand for their services telecoms companies in Europe face decreasing revenues. The contrast is in U.S. and Asia Pacific where revenues are rising. Ā Ā Ā Ā Figure 5Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā  Figure 5[45] At the same time a low decline can be identified in wireless service revenues for European companies meanwhile the American companies generate higher revenues for mobile wireless services,[46] which allows U.S. carriers to deploy LTE Ā much faster than the EU.Ā  Digital economy in Europe has problems with declining EBITDA (Figure 7). Ā Ā Ā  Figure 6 Ā Figure 6[47]Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā Ā  Ā Ā Ā  Figure 7 Figure 7[48] 6. The Cubersecurity Challenge: The EU and U.S. are facing nowadays many Cybersecurity threats beginning from cybercrime, data privacy in the cloud, cyber-corporate espionage, terrorism, criminal, hacktivism, government-driven, child abuse or theft and cyber-attacks which threaten the public safety and economic welfare of the biggest businesses. In Europe an integrated cybersecurity data protection and privacy strategy is missing. Security threats are growing in all areas, several million cyberattacks per day.[49] Regarding the data protection and privacy exist a different legislation not only within Europe but compared to the U.S as well. As result of regulations, competition, recession and an overcrowded market, European telcos is losing its identity and consolidation because of mergers or acquisitions even to American or Asian rivals[50] resulting in a dependence to non-EU ICT companies.   Recommendations for Transatlantic Cooperation As it was mentioned above Europe is dealing with many ambitious projects for its Digital Agenda and still many issues are a challenge for itself as well. On the other side the U.S. is paying a huge attention at crucial ICT developments and innovations, considering the huge impact that this sector has in Americaā€™s whole economy. Many issues of the digital economy are international by nature and thatā€™s why the transatlantic cooperation is not only highly recommended but at the same time itā€™s very profitable for both continents. It is very fundamental that EU and U.S. must not see each other as a threat, despite of theirs differences, but learn from each other experiences and cooperate closely in some currently issues listed below which require a special attention and partnership. Ā Ā Ā Ā    Global Internet Governance Internet Governance is an important issue for both EU and U.S. not only as the worldā€™s largest economies, but because the proper use or functioning of the internet is related with the globally data flow having a direct impact in the economic growth and international trade in particular,[51] for services exports that can be increasingly delivered online.
  1. Because the Internet is governed by various actors and organizations in multi-stakeholder arrangements, the EU and U.S. must promote proposals that enhance transparency and meet the concerns of all stakeholders involved.
  2. The United States and EU must work closely together to set global standards and preserve the openness and freedom of the Internet.
  3. During the process of transatlantic consultation must be included different actors from civil society, interest groups, professionals or scientists.
  4. Creating global recommendations and comprehensive solutions which would be stable and efficient in the long term, including the responsible bodies, departments or actors from both sides.
  5. The current system can be modernized by ensuring it is inclusive and credible enough with efficient accountability. EU and U.S. should globalize key functions of the Internet, by ensuring diverse interests are properly taken into account, preserving the legitimacy of the system.
  Securing Networks and Information Systems (CYBERSPACE) This is a very important issue which requires essential policies and cooperation on both sides of the Atlantic, because it ensures prosperity and keep the online economy running. It is very important for both EU and U.S. to work together and create initiatives by building a mutual and international consensual regarding an open, interoperable, secure and reliable cyberspace, because an open, transparent, secure, and stable cyberspace is critical to the success of the global economy. The European Union is planning to do that through an EU Directive, to boost security and resilience.[52] The U.S. is preparing legislation as well. In this direction the EU and U.S. must:
  1. Develop international norms of behavior in cyberspace;
  2. Promote compatible policies across the Atlantic;
  3. Promote collaboration in cybercrime investigations;
  4. Create International cybersecurity capacity building;
  5. Secure infrastructure and devices; [53]
  6. Secure online safe, trustworthy transactions not hacked or impersonated;
  7. Create and open up a transatlantic market of online services for hundreds of millions and enable the data protection and the prevention of online frauds. [54]
Ā  Data protection & privacy Even if the privacy systems in U.S. (many statutory authorities-more sector-specific) and EU (single statutory framework) are structured differently, this is also an area where U.S. and EU can do better in their transatlantic relations, because in the digital age, the collection and storage of personal information are essential. Considering the fact that nowadays data is used by all businesses such as insurance companies, banks, social media sites and search engines it can be considered a key economic asset.Ā  In a globalised world, the transfer of data to third countries has become an important factor in daily life. Vast amounts of personal information are transferred and exchanged every day, around the globe in fractions of seconds. It would be recommended to:
  1. Develop efforts in the regulation and law enforcement area. The updating of privacy law in both U.S and EU is very crucial considering the development of new technologies and the use of online data.

  2. Facilitate these exchanges of data in the way to encourage innovation and stimulate growth.

  3. Ensure more interoperability between the EU, U.S. and third countries.

  1. Protect the rights of personal data transferred to third countries.

  2. U.S. and EU must create together policies and strategies that are interoperable in the way that data move freely through the transatlantic market place. Data must be provided consistent, high standards of protection.

Ā 

Towards a Transatlantic Digital Single Market

A transatlantic digital single market could be considered a historic opportunity for both EU and U.S. It can be achieved or advanced through the commitment of EU and U.S. to cooperate in the following issues:
  1. Market access: create a free flow of online services across EU and U.S.;
  2. Promote trade liberalization by cooperating globally;
  3. Establish a single are for online payments;
  4. Mutual recognition of e-Identification (a common e-ID);[55]
  5. Common legal basis or policies/Regulatory Approximation;
  6. Approximation and advance more in five initiatives for cooperation and alignment: e-labelling, e-accessibility, e-health, internet of objects, and common principles for Technology standards, parts of TTIP negotiations;
  7. Exchange experiences in the professional aspect: a highly educated workforce, top academic institutions and advanced research centers, dynamic research etc.;
  8. Work to create a harmonized compatible transatlantic market by reducing the excessive regulatory costs;
  9. Coordinate and avoid different policy approaches;
  10. Create a joint trade agenda to encourage trade and investments;
  11. Harmonisate theirs standards systems for services and products.


[1] Stephen M. Mutula, ā€œDigital Economies: SMEs and E-Readinessā€, Chapter 3-Digital Economy Components, (2010), page 29.
[2] OECD Internet Economy Outlook 2012 Highlights, Overall ICT policy priority areas.
[3] Other priorities of the Digital Economy and ICT in a comparative approach between EU and U.S. are elaborated in the following.
[4] Byrne D. M., Oliner S.D., and Sichel D. E. (2013), “Is the Information Technology Revolution Over?”, International Productivity Monitor, No. 25, Spring. Mas, M. (2012), ā€œProductivity in the Advanced Countries: from Expansion to Crisis,ā€ in: Matilde Mas and Robert Stehrer, eds., Industrial Productivity in Europe. Growth and Crisis, Edward Elgar, Cheltenham. Van Ark B. (2013a), ” Recent Changes in Europeā€™s Competitive Landscape and Medium Term Perspectives: How the Sources of Demand and Supply Are Shaping Upā€, The Conference Board Economics Program Working Paper EPWP 13-05, The Conference Board, New York. Van Ark B. (2013b), ā€œEuropeā€™s Productivity Performance in Comparative Perspective: Trends, Causes and Recent Developmentsā€, in D.S. Prasada Rao and Bart van Ark, eds., World Economic Performance. Past, Present and Future. Edwar Elgar Publishing, pp.290-316.Ā 
[8] See the above reference link
[11] The Digital Agenda Scoreboard 2014: https://www.youtube.com/watch?v=fyjEtzW5VZs
[14]http://ec.europa.eu/digital-agenda/about-science-technology For further reading: Fact Sheet: ā€œICT in Horizon 2020ā€:
[21] See the reference below link
[24] Digital Economy and Cross-Border Trade: The Value of Digitally-Deliverable Services, U.S. Department of Commerce: Economics and Statistics Administration, Jessica R. Nicholson and Ryan Noonan, ESA Issue Brief # 01-14, January 27, 2014, page 1.
[36] Analysis of 800 MHz auctions in the EU (2011 2013) vs.700 MHz auctions in the USA (2008)
[37] Source: European Commission
[38] The 2014 State New Economy Index (Benchmarking Economic Transformation in the States); Robert D. Atkinson and Adams B. Nager; Information Technology and Innovation Foundation, June 2014, page 41, 42.
[39] Digital Agenda Targets Progress Report (Digital Agenda Scoreboard) 2014, pages 3, 9.
[40] Source: OECD
[41] The Future of Europeā€™s High-Tech Industry, A.T. Kearney, 2013, page 1.
[42] The Future of Europeā€™s High-Tech Industry, A.T. Kearney, 2013, page 2
[43] Source: A.T. Kearney, IDATE, Alexa, Financial Times
[44] Digital Europe: How? Michael Tsamaz OTE Group Chairman and CEO, February, 2014, page 6.
[45] Source: European Commission (Sep. 2013)
[46] Mobile Wireless Performance in the EU & the US, Erik Bohlin, Kevin W. Caves and Jerey A. Eisenach, May 2013, Figure 5 page 10 and Figure 6 page 11.
[47] Source: BCG; Informa.
[48] Digital Economy: Telecommunications services and equipment, Content services & applications, TV services, Software and IT services, Computer hardware, Consumer electronics Source: DT Group Development, based on data from Factset (comparison of 387 listed companies).
[51] Joshua P. Meltzer, ā€œThe Importance of the Internet and Transatlantic Data Flows for U.S. and EU Trade and Investmentā€, Global Economy and Developments at Brookings, 2014.
[52] Policy on Critical Information Infrastructure Protection (CIIP) adopted on March 30 2009, by the European Commission, focusing on the protection of Europe from cyber disruptions by enhancing security and resilience.
[54] The majority of U.S. digitally-deliverable services exports went to Europe and to the Asia and Pacific region.
[55] The Progressive Policy Institute and the Lisbon Council, Event: ā€œGrowing the Transatlantic Digital Economyā€, Vice-President of the European Commission Neelie Kroes, 19th September, 2014. Video of the event: Ā http://www.youtube.com/watch?v=ux8wSMqQUzY or: http://europa.eu/rapid/press-release_SPEECH-14-610_en.htm

Searching for impressions of The Hague

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An exciting new exhibition offering a fresh insight into expatriate life in The Hague is being organised by ACCESS, the Expatriate Archive Centre (EAC) and the Municipal Archives of The Hague. The exhibition has the working title of “Expat History of The Hague” and will take place from 26 October until 14 November 2015 in The Hague City Hall. The aim of this exhibition is to show The Hague as seen through the eyes of internationals who call ā€“ or who once called – this city home. The Municipal Archives of The Hague and the EAC house – among many other collections – materials describing expatriate life in The Hague during different periods of time. ACCESS serves the needs and interests of the current expatriate community in the Netherlands. An exhibition about how expats view The Hague is a perfect opportunity to bring these three special organisations together. Get involved What were your early impressions of The Hague? Perhaps you kept a diary, wrote letters, took photographs, or made notes. Or maybe you know of friends, family or colleagues who previously lived in the city but who have since moved on. These memories of The Hague could be a valuable contribution to the exhibition. The EAC are particularly interested in pieces that are older than 25 years. Get in touch with the EAC before 28 February by emailing events@xpatarchive.com. Donā€™t let your memories gather dust The EAC preserve stories from expats and internationals all over the world. Where do you keep your mementoes of living abroad? They may be getting damp and fragile in a garage, or dusty and faded in an attic. Itā€™s time to take a fresh look at your life story and get in touch with the EAC. You can be reassured that your privacy needs will be respected, that everything will be well cared for in a professional archival environment, and ā€“ once it has been digitalised ā€“ you can request a copy on CD to keep and share with your family. Get in touch by emailing welcome@xpatarchive.com.

Yemen and the Netherlands

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By: Abdulla Ahmed Alshariff Alshammam, Ambassador-Head of Mission of Yemen.

The relation between Yemen and the Netherlands goes back to the early seventeenth century when the first Dutch Trade Company, The Dutch East India Co. opened its office in the Yemeni City called Al-MaKha in 1614 and later on in Alshehr. This company started exporting Yemeniā€™s well known coffee, Moca Coffee through those ports. In addition to that a treaty of friendship was signed between the two countries in 1934 and 1939. Last year we celebrated the 400th anniversary of the establishment of trade relations between Yemen and the Netherlands. On 3 October 1978 a cooperation agreement was signed between the two countries and registered at the United Nations. This agreement has a positive impact in strengthening and developing the relations between the two countries. I can assure you that Yemeni-Dutch relations are excellent and at its best shape due to the fact that the Netherlands has contributed effectively for more than 35 years in the development of our country in all fields. Unfortunately, the Economic relation between Yemen and Netherlands is still limited comparing to the excellent political relations between these two countries. Yemen can offer many investment opportunities for the Dutch companies in different fields such as oil, gas, agriculture, mining, fisheries, and Insurance transportation. The Dutch companies can also expand their exports with a competitive price beyond the existing exports, which is limited only to the animal feed, flour, dairy products and agricultural machinery. Yemen encourages businessmen and companies to carry out mutual visits to explore opportunities and possibilities in both countries. Nearly two months ago, a comprehensive national dialogue took place in Yemen. The two outcomes of this dialogue lead to a peaceful transition of power to build the new Yemen within the framework of a new constitution which is already drafted and submitted for final review. The new constitution will meet the aspirations of all Yemeni people. Our hope is to develop and enhance the common interests of our countries to mutually benefit from all the possibilities each country can offer through organizing mutual visits, investment seminars and providing all facilities for businessmen and investors in both countries. Ā 

Ā 

The Lantern: The Hague by Night.

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By Guillaume Kavaruganda, Minister Counselor, Embassy of the Republic of Rwanda. By reading the ā€œundergroundā€ newspaper I discovered a Cafe -Bar called ā€œThe Lanternā€ situated Valkenboslaan 23, 2563 CD Den Haag. It is open from Wednesday until Sunday from 5pm until 12am. One evening after concluding more than the 8 hours required by my job, I decided to relax for a short time before going home. Diplomacy, contrary to the common understanding can be a stressful carrier if done in a proper manner. I quite often heard people questioning the reasoning behind having a representation abroad. The perception that diplomats are privileged people sent in other countries far from their homes to pass their times in cocktails, receptions, discussing in soft manner while drinking excellent wine and smoking Cuban cigars before seating behind the chauffeur in an expensive car who will be driving you back in the mansion highly paid by the Government. This kind of mentality is still persistent in the minds of many, and unfortunately few diplomats are behaving in such a way that gives credit to that assumption. We forget easily especially in times of peace the role of diplomacy. We tend to recognize the role of diplomacy in war time and in financial/economic crisis such as the one the world has been through since 2008. Upon entering ā€œThe Lanternā€ you will be welcomed by Donna, the Manager of the place and citizen of the United Kingdom but fluent in Dutch. In case you want to have a dinner the Chef, Mr. Ledio will serve you while hearing live music on piano by Mr. Bart. The clients are from all over the place. I met there people from Santa Lucia, UK, Chili, Italy, Canada, USA, Rwanda, and of course Dutch. The discussions come easily among the people present and all this in an enjoyable atmosphere. The Lantern is a reminder that The Hague is really an international city and a welcoming one. How simple things can give much pleasure!   Ā   

A Diplomatā€™s Home Away from Homeā€¦ Carlton Ambassador, The Hague

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By Aldo Rodriguez.   Situated in the heart of The Hagueā€™s Embassy District, the Carlton Ambassador has long enjoyed visits from a variety of dignitaries, such as guests of the Royal Palace, members of the diplomatic community, heads of state, and Hollywood royalty, like Catherine Zeta-Jones. The property sits on the picturesque, chestnut-treelined Sophialaan, in the city centre and is where the royal horse-drawn carriages have departed from with many Ambassadors on their way to meet H.E. King Willem Alexander upon offering their credentials. It has also served as host to the celebration of numerous National Days and other official events in partnership with its neighboring Embassies. In close cooperation with Diplomat Magazine it also hosts the successful monthly Diplomats Meet&Greet events, which offer an informal venue for members of the diplomatic corps to engage with one another and other attendees. The Diplomatic Card will be the proud sponsor of these events in the coming year. The elegant boutique hotel is managed by Arwin Paulides, in entrepreneur-style, as the Carlton Hotel Collection does not have a head office, so they operate autonomously with the individual guest in mind, which sets them apart from chain hotels. Mr. Paulides has been with the Collection for about 15 years, six of which have been as General Manager of this property, and he previously also served as General Manager of the Banks Mansion Amsterdam. In true successful entrepreneur spirit he rose through the ranks and now enjoys managing a highly diverse team of 60 staff members, who offer multi-lingual support to their guests, when needed. His background in food & beverage is evident in the culinary excellence of the hotelā€™s restaurants and its superb service. Arwin Paulides Picture by M. van Nieuwkerk The Carlton Ambassador aspires to be a ā€œlocal heroā€ and is known for its classic charm and character, perfectly balanced with modern day convenience and personalized service. The propertyā€™s recently renovated Signature Rooms are now being complemented by an additional eight gorgeously spacious Ambassador Residences & Suites, for which a meticulous expansion is now underway.Ā  With the development of these residential suites the boutique hotel will be 88-rooms strong by the end of the year. They are perfect for diplomats in need of interim housing &/or the business traveler expecting a longer stay in the City of Peace and Justice. The contemporary Ambassador Residences & Suites, in an adjoining monumental building, are a graceful addition to the mansion-like boutique hotel, as they offer a private entrance, private parking, private meeting/dinning space, and are decorated in rich Dutch-style and color ā€“ preserving the historic charm of the rooms, while accentuating them with modern technology features and luxurious bathrooms. The World Luxury Hotel Awardā€™s (WLHA), known to be the pinnacle of achievement for Luxury Hotels worldwide, once again bestowed one of its prestigious awards to the Carlton Ambassador in Johannesburg last year. While the WLHA nominates the hotels in 14 different categories, the winners are determined by guestsā€™ votes ā€“ a true testament to their achievement in service excellence. In 2013 the Carlton Ambassador set the benchmark by winning the WLHAā€™s Continent Awards for Europeā€™s Best Luxury Hotel category. Mr. Paulides and his team genuinely thank all the readers and guests for their votes and support. Ā  Ā 

50 Years for Canada’s Flag

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By Baron Henri Estramant.Ā 
Ā 
Ā 
Fifty years ago, on 15 February 1965, the Dominion of Canada’sĀ national flag was first flown at an official ceremony on Parliament Hill in Ottawa. At the stroke of noon, the then Governor General, Georges Vanier, the XIV Prime Minister, Lester B. Pearson, parliamentarians and thousands of Canadians in attendance raised the flag while the crowd sang “O Canada”.
The flag’s design had been approved by the House of Commons and the Senate at the end of 1964 after considering over 2 000 possible designs. After parliamentary approval, the design was given regal assent by Her Majesty The Queen of Canada, Queen Elizabeth II.
In 2017 the Dominion shall fĆŖte its 150th anniversary since the formation of the Canadian Confederation.
About Canada’s flag:Ā 
ā€¢ From about 1870, various forms of the Canadian Red Ensign were used on land and sea as Canada’s unofficial flag but were never officially adopted as the national flag. Until the adoption of the present national flag, Britain’s Royal Union flag (Union Jack) was Canada’s only official national flag. ā€¢ In 1964, the all-party Parliamentary Committee considered nearly 2,000 designs over the course of six weeks before ultimately recommending the single leaf, red-and-white design proposed by Canadian historian George F.G. Stanley. ā€¢ The design of the national flag pays homage to Canada’s natural and cultural history through the use of the maple leaf and Canada’s national red and white colours. ā€¢ Red and white were proclaimed as Canada’s national colours by King George V in 1921. ā€¢ The maple leaf, as found on the national flag, is a stylised design. The symbolism lies in the maple leaf itself, which is the traditional emblem of Canada. There is no special significance to the eleven points.

Central Commission ensuring a democratic election in Uzbekistan

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The Central Election Commission as a fundamental and reliable tool in ensuring the democratic election of the President of the Republic of Uzbekistan.   During the years of independence Uzbekistan has established a stable and dynamic political system, a bicameral parliament working on a professional basis, necessary organizational, legal and logistic conditions for a free and active participation of citizens and political parties in the most important matters of socio-economic development and social construction.   Radical reforms have been implemented in improving the electoral legislation, relevant measures to strengthen the independent activity of the Central Election Commission of the Republic of Uzbekistan as a key body in implementing the principles of openness and transparency of the elections have been undertaken. These factors play fundamental role and guarantee that the elections of the President of the Republic of Uzbekistan scheduled for 29 March 2015 are to be hold in full compliance with national legislation and international law.   In accordance with the legislation, elections of the President of the Republic of Uzbekistan conducted by the Central Election Commission (CEC) of the Republic of Uzbekistan.   The Law ā€œOn the Central Election Commission of the Republic of Uzbekistanā€, adopted by the Oliy Majlis of the Republic of Uzbekistan in August 2014, significantly expanded and strengthened the status of the CEC as an independent democratic institution.   In particular, this statute provides for the following matters:   Firstly, let us to look at the essence and content of the basic principles of the Central Election Commissionā€™s activity: independence, legality, collegiality, openness, fairness. In particular, the principle of independence implies the implementation of activities of the CEC, regardless of any state bodies, NGOs and officials, interference in its activity is prohibited and shall entail liability under the law.   For example, Article 146 of the Criminal Code sets out the responsibilities of members of election commissions for violating the secrecy of the ballot, forgery of election documents, making fictitious entries in the papers or petitions, miscount votes during organization or holding elections by the officials, representatives of the political parties or self-government bodies, election commissions.   Article 147 of the Criminal Code establishes liability for obstructing the means of violence, threats, deception or bribery of the free exercise of citizens’ right to elect or be elected President of the Republic of Uzbekistan.   Administrative responsibility of the sanctions in the form of fines established Code of the Republic of Uzbekistan on administrative responsibility for the following violations:
  • interference into the activity of the CEC of Uzbekistan and election commissions;
  • failure to implement the decisions of the CEC of Uzbekistan, as well as election commissions;
  • violation of the rights of the candidate, the Trustee, the observer or the authorized representative of a political party;
  • violation of the terms and order of election campaign;
  • dissemination of false information about candidates, political parties;
  • deliberate destruction or damage of information, propaganda materials posted on buildings, structures or other places, in the preparation and conduct of elections;
  • violation of the order of financing of elections;
  • violation of the order of publication of the results of public opinion polls, forecasts of election results and other studies related to the elections.
Ā  Secondly, law-making norms of the CEC have been identified, which, according to Article 9 of the Law “On the Central Election Commission of the Republic of Uzbekistan” has the right, within its powers to issue regulations, signed by the Chairman and published in the press.   Decisions made by the CEC within its powers are binding on district and precinct election commissions for public authorities, political parties and other non-profit organizations, enterprises, institutions and organizations.   Para 3 of the Article 51 of the Administrative Responsibility Code of the Republic of Uzbekistan imposes sanctions in the form of fines for non-fulfillment of decisions of the CEC, as well as the decisions of election commissions.   Thirdly, it is foreseen to exclude the norm of the law allowing to Oliy Majlis to terminate the activity of the Central Election Commission. While maintaining the current procedure for termination by the Oliy Majlis the activity of the members of the CEC. This innovation is aimed at further strengthening the guarantees of the independence of the Central Election Commission.   In order to ensure transparency of the activities of election commissions, the transparency of their work at their meetings may be attended by representatives of political parties, the media, observers from other countries, international organizations and movements.   At the same time, with regard to international observers, they have the right to attend meetings in which candidates for President of the Republic of Uzbekistan are nominated, the meetings of district and precinct election commissions; be present at the polling station and observe the preparatory work for the placement and sealing of ballot boxes for voting on the issuance of the citizens of ballots; present during the vote counting and tabulation of the precinct election commissions; request and obtain certified copies of the relevant election commission documents on the results of the elections; report their observations to a higher commission, if there is reason to believe that at the polling station had been violations of the Law.   However, in order to avoid interference in the election process, observers shall be prohibited: be in cabin or room for secret ballot during filling in voting paper by voter; influence voters, spread out any propaganda materials or literature; ask voters whom they voted, or render any help to voters during filling in voting paper; interfere in the activity of polling station committee during sealing up of ballot boxes and their unsealing, counting of votes.   Fourthly, it is proposed to establish the following requirements for the candidates to be elected members of the CEC: citizenship of the Republic of Uzbekistan; residence the country for at least five years; age of 25 years; as a rule to have a higher education, work experience in the organization and experience of conducting the elections, the referendum; to be respected by the public.   Fifthly, rule that prohibits members of the Central Election Commission to engage in other paid activities, except for research and teaching is being set.   One of the internationally recognized standards of contemporary democratic elections is holding them their own and independently within competence of the electoral authorities. In order to ensure these conditions, according to Article 19 of the Law Ā«On the Election of the President of the Republic of UzbekistanĀ»:   Chairman, deputy chairman, secretary and members of the Central Election Commission may not be member of political party.   Candidates for President of the Republic of Uzbekistan and their proxies may not be members of election commissions.   One and the same person may be only a member of one electoral commission.   In general, all these legislative provisions, taken measures to improve the electoral legislation, the independence and impartiality of the CEC indicate that Uzbekistan has a modern electoral system that meets the requirements of a democratic, effective formed in line with international norms and principles of electoral legal framework of elections, provides a guarantee of free will of citizens, the right of everyone to freely elect and be elected to representative bodies of state power, as well as to monitor this process both within the country and from abroad.