Princely heirs presented to the populace
By Mete Erdurcan .
The Sovereign Prince of Monaco and his wife Princess Charlène summoned all their Monégasques subjects and other residents of the tiny principality to the court of the Princely Palace in Monaco to present their newly born twins, HSH The Countess of Carladès, Gabriella and HSH The Hereditary Prince of Monaco, Marquis of Baux, Jacques.
7 January 2015 was declared a public holiday in Monaco for all sectors, so the country’s inhabitants could officially celebrate the birth of the much-desired heirs to the Monégasque throne expected to continue Europe’s oldest still reigning dynasty, the Grimaldi.
As members of a princely ruling house both heirs are styled “Her/His Serene Highness”. Although The Countess of Carladès as the eldest daughter Princess Gabriella has been title is older than her brother by two minutes it is Prince Jacques who becomes the heir apparent by virtue of the semi-Salic law which gives preferences to males over females. Hence he became upon birth The Hereditary Prince of Monaco, and was later granted the traditional title “Marquis de Baux” in a similar fashion as “Prince/Princess van Oranje” for the Dutch heir apparent. If he accedes to the Monésgasque throne, he ought to be known under the regnal name of Jacques II.
Pictures copywright “Palais Princier” (http://palais.mc/fr/phototheque/4-presentation-des-enfants-princiers.html)
Prosecutor of the ICC, opens examination of the situation in Palestine
The Prosecutor of the International Criminal Court, Fatou Bensouda, opens a preliminary examination of the situation in Palestine
Today, Friday, 16 January 2015, the Prosecutor of the International Criminal Court (ICC), Mrs. Fatou Bensouda, opened a preliminary examination into the situation in Palestine.
The Prosecutor’s decision follows the Government of Palestine’s accession to the Rome Statute on 2 January 2015 and its declaration of 1 January 2015, lodged under article 12(3) of the Rome Statute – the Court’s founding treaty – accepting the jurisdiction of the ICC over alleged crimes committed “in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014.”
Upon receipt of a referral or a valid declaration made pursuant to article 12(3) of the Statute, the Prosecutor, in accordance with Regulation 25(1)(c) of the Regulations of the Office of the Prosecutor, and as a matter of policy and practice, opens a preliminary examination of the situation at hand. Accordingly, the Prosecutor has opened a preliminary examination into the situation in Palestine. The Office will conduct its analysis in full independence and impartiality.
A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with an investigation pursuant to the criteria established by the Rome Statute. Specifically, under article 53(1) of the Rome Statute, the Prosecutor must consider issues of jurisdiction, admissibility and the interests of justice in making this determination. The Office gives due consideration to all submissions and views conveyed to the Office during the course of a preliminary examination, strictly guided by the requirements of the Rome Statute in the independent and impartial exercise of its mandate.
There are no timelines provided in the Rome Statute for a decision on a preliminary examination. Depending on the facts and circumstances of each situation, the Office will decide whether to continue to collect information to establish a sufficient factual and legal basis to render a determination; initiate an investigation, subject to judicial review as appropriate; or decline to initiate an investigation.
Background and legal analysis
The Office previously conducted a preliminary examination of the situation in Palestine upon receipt of a purported article 12(3) declaration lodged by the Palestinian National Authority on 22 January 2009. The Office carefully considered all legal arguments submitted to it and, after thorough analysis and public consultations, concluded in April 2012 that Palestine’s status at the United Nations (UN) as an “observer entity” was determinative, since entry into the Rome Statute system is through the UN Secretary-General (UNSG), who acts as treaty depositary. The Palestinian Authority’s “observer entity”, as opposed to “non-member State” status at the UN, at the time meant that it could not sign or ratify the Statute. As Palestine could not join the Rome Statute at that time, the Office concluded that it could also not lodge an article 12(3) declaration bringing itself within the ambit of the treaty either, as it had sought to do.
On 29 November 2012, the UN General Assembly (UNGA) adopted Resolution 67/19 granting Palestine “non-member observer State” status in the UN with a majority of 138 votes in favour, 9 votes against and 41 abstentions. The Office examined the legal implications of this development for its own purposes and concluded, on the basis of its previous extensive analysis of and consultations on the issues, that, while the change in status did not retroactively validate the previously invalid 2009 declaration lodged without the necessary standing, Palestine would be able to accept the jurisdiction of the Court from 29 November 2012 onward, pursuant to articles 12 and 125 of the Rome Statute. The Rome Statute is open to accession by “all States,” with the UNSG acting as depositary of instruments of accession.
On 2 January 2015, Palestine deposited its instrument of accession to the Rome Statute with the UNSG. As outlined in the Summary of Practice of the Secretary-General as Depositary of Multilateral Treaties, “the Secretary-General, in discharging his functions as a depositary of a convention with an ‘all States’ clause, will follow the practice of the [General] Assembly in implementing such a clause […].” The practice of the UNGA “is to be found in unequivocal indications from the Assembly that it considers a particular entity to be a State.” In accordance with this practice and specifically UNGA Resolution 67/19, on 6 January 2015, the UNSG, acting in his capacity as depositary, accepted Palestine’s accession to the Rome Statute, and Palestine became the 123rd State Party to the ICC. It was welcomed as such by the President of the Assembly of States Parties to the Rome Statute.
Likewise, on 7 January 2015, the Registrar of the ICC informed President Abbas of his acceptance of the article 12(3) declaration lodged by the Government of Palestine on 1 January 2015 and that the declaration had been transmitted to the Prosecutor for her consideration.
The Office considers that, since Palestine was granted observer State status in the UN by the UNGA, it must be considered a “State” for the purposes of accession to the Rome Statute (in accordance with the “all States” formula). Additionally, as the Office has previously stated publicly, the term “State” employed in article 12(3) of the Rome Statute should be interpreted in the same manner as the term “State” used in article 12(1). Thus, a State that may accede to the Rome Statute may also lodge a declaration validly under article 12(3).
For the Office, the focus of the inquiry into Palestine’s ability to accede to the Rome Statute has consistently been the question of Palestine’s status in the UN, given the UNSG’s role as treaty depositary of the Statute. The UNGA Resolution 67/19 is therefore determinative of Palestine’s ability to accede to the Statute pursuant to article 125, and equally, its ability to lodge an article 12(3) declaration.
T.M.C. Asser Instituut Announces New President of its Governing Board
The T.M.C. Asser Instituut is pleased to announce the appointment of Professor Ernst Hirsch Ballin as the Institute’s President and a member of the Board of Directors effective as of 1 January, 2015. Professor Hirsch Ballin replaces Professor Michiel Scheltema, who has presided over Asser’s Governing Board since 1998.
Professor Hirsch Ballin brings a wealth of relevant knowledge and experience to his new role.
He is Professor of Human Rights Law at the University of Amsterdam and Professor of Dutch and European Constitutional Law at Tilburg University and has served as the Minister of Justice in the Netherlands three times, in the period 1989 – 2010.
Professor Ballin will lead and steer the Asser Institute together with the new Academic Director, Prof. Dr. Janne Nijman, Professor of History and Theory of International Law at the University of Amsterdam, and the Executive Director, Ann O’ Brien, MBA. Professor Nijman has published widely on international law issues and is also a member of the editorial board of the Netherlands Yearbook of International Law and of the Grotiana Journal and a board member of the Royal Netherlands Society of International Law.
Non- Executive Board members are Prof. Dr. Edgar Du Perron, Dean of the Law Faculty of the University of Amsterdam and Prof. Dr. Suzan Stoter, Dean of the Law Faculty of the Erasmus University, Rotterdam.
Professor Hirsch Ballin studied Law at the University of Amsterdam and was awarded his doctorate with ‘cum laude’ honours in 1979 with a thesis on Public Law and Policy. He has worked at the Law faculty at Tilburg University since 1 July 1981, with interruptions during periods when he held public offices. He is a former President of the Judicial Division of the Dutch Council of State. In 2006, he was elected to the Royal Netherlands Academy of Arts and Sciences. Since last year, he is also a member of the Advisory Council on International Affairs and of the Scientific Council for Government Policy.
About the T.M.C. Asser Instituut
The T.M.C. Asser Instituut (founded in 1965) is the Netherlands unique, inter-university research centre focusing on fundamental and applied research in the areas of public and private international law, European Law and International and European sports law. Core activities also include publishing, postgraduate education/ PhD candidate guidance, executive training, and knowledge dissemination and valorisation of research output on a national and international level.
Throughout the year 2015 the Institute will celebrate its 50th anniversary, notably with a series of topical symposiums, an edited volume and a stakeholder meeting at the end of the year.
Connect with Asser on Twitter (@TMCAsser), and LinkedIn.
Contact Information:
T.M.C. Asser Instituut
Ann O’ Brien
+31 (0)70 3420 339
a.obrien@asser.nl
400 years of good relations
Text and photo: Henry Arvidsson.
The 400th Anniversary year of Dutch – Swedish diplomatic relations ended with a bash for 230 guests hosted by Swedish Ambassador Håkan Emsgård.
The Haags Bureau Binnenstad had helped finding the perfect location in the former Maison de Bonneterie which soon will become the home of Swedish fashion retailer H&M. A musical quiz modeled on the popular Dutch show “Ik hou van Holland” with music ranging from Abba to Eurovision winner Loreen as well as Swedish art and “hapjes” made for a “gezellig” evening. A suitable beginning to centuries of continued good relations.
Certificate of Merit Awarded to Departing Ambassador of Thailand
Farewell.
By Ann Daly.
On Tuesday, January 6, at the Carlton Ambassador Hotel, His Excellency Dr. Virachai Plasai, Ambassador of the Kingdom of Thailand to the Netherlands was awarded a Certificate of Merit by Diplomat Magazine. His Excellency has served as the Ambassador to the Netherlands since presenting Letters of Credentials to Her Majesty Queen Beatrix of the Netherlands in August, 2009 and to the Director General of the OPCW a month later in September, 2009.
Prior to being appointed as Ambassador, Dr. Plasai was the Director-General, Department of Treaties and Legal Affairs from September 2007 to May 2009. He also served as Director-General of Department of International Economic Affairs during 2006-2007. This year marks the 28th anniversary of his distinguished career in Thai Diplomatic Service, which began in the Department of Political Affairs in 1987.
His other overseas posts were as First Secretary at the Royal Thai Embassy in London and as Minister Counselor for legal affairs at the Permanent Mission of Thailand to the World Trade Organization in Geneva. While serving as the Thai Ambassador to The Hague, he also acted as the agent of the Kingdom of Thailand in the case concerning the interpretation of the Judgment of 15 June 1962 in the case concerning the “Temple of Preah Vihear” (Cambodia v. Thailand) before the International Court of Justice.
During his tenure in The Hague, Ambassador Plasai has successfully brought investors and friends of Thailand in the Netherlands together as never before, through various kinds of activities, which resulted in increased awareness among the Dutch people and business community of investment opportunities and attractive business climate in Thailand as well as Thailand’s charms as tourist destination.
Thailand offers tourists diverse cultural experiences from outstanding culinary programs to traditional folkloric dance and music. The country’s friendly hospitality continues to attract some 200,000 Dutch visitors per year. With respect to tourism, while recognizing the importance of statistics, Ambassador Plasai also attaches high importance to sustainable development and responsible tourism, including protection of the rights of both humans and animals.
Ambassador Plasai’s dedication to the promotion of Thai culture among the local communities has also won him trust and genuine support from various groups of Thai people residing in the Netherlands who have generously supported his efforts. Among those memorable events organized by Ambassador Plasai were the “Thailand Grand Festival”, an annual event held in summer, featuring various Thai cultural experiences through the food as well as traditional and contemporary performances.
The international community in The Hague remembers fondly “The Khon”, magnificent Thai classical masked dance drama based on the universally known epic “Ramayana”. The Khon presentation organized by the Royal Thai Embassy, with support from the Department of Fine Arts, Ministry of Culture of Thailand, was a unique opportunity to see performances by The Royal Thai Dance Troupe in the Netherlands. The Royal Thai Dance Troupe is recognized as Thailand’s top performing arts group, which until only very recently, performed solely in the royal court or staged for the public by royal command.
In his brief speech after being awarded the Certificate of Merit, Ambassador Plasai recalled that his most memorable personal experience as the Thai Ambassador to the Netherlands occurred at the time of the Royal Succession Celebration (Troonswisseling) from the then Her Majesty Queen Beatrix to the then His Royal Highness Prince Willem-Alexander, when he had a very rare opportunity to serve both His Royal Highness Crown Prince Maha Vajiralongkorn and Her Royal Highness Princess Maha Chakri Sirindhorn of Thailand who visited the Kingdom of the Netherlands to attend the ceremony, at the same time, in addition to an opportunity to witness the historical passing of the throne.
Although Ambassador Plasai will be leaving the Netherlands soon, his calm, generous and creative personality will certainly be missed.
Diplomat Magazine and all the staff have very much enjoyed working closely with Ambassador Plasai. On behalf of the team of Diplomat Magazine, we would like to extend to him our best wishes for a successful and bright future as well as good health.
Certificate of Merit – Ceremony of Merit- Farewell ceremony
Massive Trade Opportunities in Pakistan
The Trade Office at the Embassy of Pakistan in the Hague, organized an informative seminar on Massive Trade Opportunities in Pakistan in the wake of GSP Plus(GSP+) on 14th of January, 2015 at the Hilton Hotel , Zeestraat 35, The Hague.
It is pertinent to mention that Pakistan has become an attractive market for Dutch companies after being awarded the GSP+ status by the European Union. The EU gave the Generalized System of Preference plus (GSP+) facility to Pakistan which came into effect from 1st January 2014. Under the scheme 6269 products from Pakistan now have duty free access to EU markets including Netherlands. The seminar was arranged by the Embassy of Pakistan’s Trade Office to highlight the massive trade opportunities for both Dutch and Pakistani companies and to give information to Dutch companies about the steps taken by all stake holders including the Government of Pakistan, Dutch Government, and Private sector to maximize the benefits of GSP+. The seminar also endeavored to highlight the experiences of companies that already have established businesses in Pakistan. Big buying chain HEMA and Small Medium Enterprise shared their experiences of doing Business with Pakistan. The seminar was preceded by Exhibition of Pakistani products exhibited by HEMA, Muta Sports, Arma Leder, Europell, and Royal Textiles. The participants showed keen interest in the exhibition since it shed light in the flesh on how fruitful business in Pakistan can be. After seminar dinner was served which consisted of popular Pakistani cuisine. The Seminar was presided by H.E Ambassador of Pakistan, His Excellency Mr Moazzam Ahmad Khan and the Guest of Honor was Mr. Simon Smits, Vice Minister of International Trade at the Ministry of Foreign Affairs, The Netherlands. Mr. Max Timmerman, Managing Director of CBI also attended the seminar. Presentations were made by Hema, Modint, Muta Sports, CBI, PUM and Social and Economic Council of the Netherlands (SER). The event was a great success and around 100 Dutch companies, Trade Associations, Diplomats and representatives from Dutch Ministry of Foreign Affairs participated in the seminar. Participants lauded the efforts of the Trade Office, Embassy of Pakistan for arranging such an informative and educational seminar and exhibition.His Majesty’s New Year’s Reception
By Baron Henri Estramant.
King Willem-Alexander hosted a reception for heads of missions, and chargés d’affaires accredited to The Netherlands. The guest list also included the chiefs of international organisations based in the kingdom.
The traditional New Year’s Reception for ambassadors was held in the afternoon of 14 January 2015 at the Royal Palace in Amsterdam. His Majesty was accompanied by HM The Queen, his mother HRH Princess Beatrix, aunt HRH Princess Margriet of the Netherlands, and Prof Pieter van Vollenhoven.
The reception was the second one hosted by The King in Amsterdam. The first one was given for the Dutch political establishment as well as representatives of the Dutch society on 13 January 2015 also at the Royal Palace.
Famous Dutch Designer’s pop up store at Carlton
On Sunday 25 January, one of the banquet rooms of the Carlton Ambassador will be turned into a pop up store from the famous Dutch designer Addy van de Krommenacker.
These pop up stores more often presented through The Netherlands and France and all arranged by Marloes van de Wetering from Addy-Europe. Please have a look at their facebook page for an impression: https://www.facebook.com/addycannes
Who will be interested in the ADDY Ready to Wear Collection which will be in the pop up store? We could not think of a better audience than the Diplomat Magazine’s readers!
Interested in Addy Ready to Wear Collection?
Come to Carlton Ambassador on January 25th from 12pm – 8pm to look and fit this collection from the famous Dutch designer Addy van de Krommenacker .
For registration and more information, please contact: info@addy-europe.com
Royal Concerts, smooth easy jazz party
Valentina Beglaryan, announces the performance of The Royal Concerts, a saxophone and an string quartet accompanied in this occasion by Argentine tango’s dancers.
Valentine’s Day will bring passion, expression and emotion through love and music with the performance of The Royal Concerts, exclusive jazz and classical music organization, a unique synthesis of luxury, quality and art. The Royal Concert’s artists have successful recorded and performed on luxury events in Netherland and abroad. On February 14, they will bring to life, one more time, their exquisite repertoire and its own way unique interpretation.
Saxophone, singer and string quartet playing Argentine tango accompanied with the Europe’s best tango dancer couple will entertain during the event. In addition, fashion model show, champagne and caviar will be served.
Diplomats, lawyers, politicians, are among our special selection of guests.
To find out more about Royal Concert’s events and buy tickets, please contact Valentina Beglaryan at 0031(0)70-7370575 / 06 46 954316 Email: info@royalconcerts.nl or visit the page www.royalconcerts.nl
First commoner PM for Tonga
By Baron Henri Estramant.
Civil rights activist and leader of the Democratic Party of the Friendly islands ‘Akilisi Pohiva was voted in as Tonga’s first non-noble Prime Minister on 29 December 2014.
Tonga is a constitutional monarchy, albeit the King gave up many constitutional powers in 2010 to pave the way for a parliamentary democracy. The country’s monarchs had previously appointed the prime minister and the cabinet. The 2010 constitutional reforms increased the number of elected commoners, or “people’s representatives” to 17, left the number of nobles at 9, and gave the 26-member Parliament the right to select the head of government. The King assumed a largely ceremonial role, but remains much revered by Tongans.
Back in 2010, the newly elected MPs could not agree on ‘Akilisi Pohiva as their candidate for prime minister. Instead, the noble MPs (selected by 33 holders of hereditary titles) clubbed together with the more conservative elected politicians from the northern islands of Tonga to select Lord Siale’ataonga Tu’ivakano as Prime Minister and Minister of foreign Affairs.
In the latest vote in December 2014, however, the “people’s representatives” garnered their votes, and elected Mr Pohiva with 15 ballots against 11 from the opposition.
Thus far the new cabinet includes only one noble, Lord Ma’afu, as Minister for Lands and His Majesty’s Armed Forces.
The new Prime Minister ‘Akilisi Pohiva has distinguished himself for being a fervent defender of democracy to the detriment of reyal power, and the privileges of the nobles. Indeed he was imprisoned in 1996 for “contempt of parliament”.