A call for civil resistance
By Peter Knoope,Ā Associate fellow ICCT.
More than three million people went to the streetsĀ in French cities in the weekend following the attacks, in a unprecedentedĀ public response to an act of politically motivated violence. It made me think back to the massive worldwide public outrage to the abduction of over two hundred school kids in Northern Nigeria by Boko Haram, almost ten months ago. The massive responses to these incidents have to do with the fact that core values come under attack. Violating the right of children to live in peace is even worse than dehumanising your perceived enemy. And killing the cartoonist that only seeks to make fun and raise eyebrows over political issues is like killing humour and freedom itself. It is like destroying that short smiling moment in the morning when you open the newspaper and you look for your favourite cartoon on the front page. It kills the sender of your daily few seconds of recognition and humour that so often brightens up our daily boring routine.
This very same week we had devastating news from Nigeria. According to Amnesty International some 2000 people were killed in Baga in Northern Nigeria by the same Boko Haram and there have been reports of suicide attacks in the same area committed by teenage girls. We know from statements by young girls that managed to escape from Boko Haram ranks, that these girls are forced into these acts. The political motives are zero. How cynical and inhumane can one get?
But what struck me is the absence of a new massive public outrage over the recent events in Nigeria. The Chibok girls have not been traced. They are not back. Boko Haram continues to expose their total lack of human considerations and values. But the world had something else on their mind. It bothers me. Are we getting used to dehumanising and gruesome acts? Will the public be silent when the next group of journalists or cartoonists are targeted? Is there such a thing as habituation to disgust? Are daily routines and concerns coming in the way? Is Nigeria to far from Paris to be a concern to Europeans? Is there a limit, in time and intensity, to outrage and public protest? Or are those, who speak out and resist, targeted and intimidated, silenced by those who speak with guns rather than with words?
Many people have asked me in the last couple of days `where to go from, here`? What is the answer to increasing violence and traction of IS, Boko Haram, AQ and the other killers of freedom of speech? My answer is that massive resistance and public resilience is our only hope. We should not `get used to violence and dehumanisation of and by others`. We should not be intimidated and silenced. Somehow the organised mobilisation of the public is the only societal hope we have.
Consider this a call on all sane public voices not to stop and to not be stopped. Massive mobilisation of counter reactions, and a strong call for human values and tolerance, everywhere in the world, is one of our few hopes to counter the rise of the Boko Harams of the world. Consider this a call on governments to facilitate this mobilisation and to create the political space necessary for the mobilisation of the masses. This weekend civil society has shown their confrontational strength.Ā But it is not enough and we should not allow it to evaporate easily.
We know that of late some governments have tried to reduce political space in a reflex response to political opposition, violence or terrorism. It happened in Kenya, where over five hundred civil society organisations have been banned by the government as a counter terrorism measure. Political space for civil society is reduced in a variety of countries like Ethiopia, Uganda, Sudan, Indonesia, Russia, Pakistan, India, Bangladesh, Cambodia, Turkey, Egypt and others. The only hope for a strong civil counter terrorism response is being killed in a wide variety of places. Add to that the intimidation tactics of terrorist groups and we know that we are heading the wrong way, at high speed.
We know that facilitating the political and public space to resist political violence, as shown in France this weekend, is our only hope. We know that there are people out there that devote their lives to community level peace building efforts. We know that an army of civil society actors work on interfaith dialogue and mediation. We, governments and the public, should mobilise and facilitate those actors to induce and propagate civil responses and public resistance to acts of violence. Across the board. Let us not get used to violence, let us not ignore victims in faraway places, let us not get intimidated by violent actors and let us not be limited in our space by governments that rely on military and repressive means and measures only.
This is our world. This is our world where we want to live in dignity, based on human values. We owe it to the children in Nigeria to speak out and not to be silenced.Ā By whomever.
Welcome new ambassadors !
On Wednesday December 17th the last new ambassador in The Hague of 2014 presented his credentials to the King: H.E. Mr Carlos Herrera Rodriquez (1961) of Peru, the successor of H.E. Mr. Allen Wagner who served such a long time in The Hague.
The new ambassador studied law and international relations in Peru and Paris and started his diplomatic career in 1984. He worked in Lima, France, Ecuador, USA and again Paris (also UNESCO). The Hague is his first posting as an ambassador abroad.
He wrote not only about diplomacy but also nine fiction books.He was the last of 26 new ambassadors in The Hague who presented his credentials in 2014.
Before him, The Hague welcomed that year new ambassadors from six EU countries (Spain, Malta, Belgium, Ireland, France and Hungary), three from EU candidates (Turkey, Macedonia and Albania) and two other European countries (Belarus and Switzerland), as well as seven from North, Middle and South America (USA, Chile, Panama, Cuba, Guatemala, Costa Rica and Peru), five from Asia and the Middle East (apart from Turkey that has already been mentioned: Qatar, Bangladesh, Iran, Georgia and Korea), two from Africa (Ghana and South Africa) as well as a new ambassador of New Zealand.
In 2014 I informed you in Diplomat Magazine briefly about each of them.
The new year 2015 started with two new ambassadors on January 21st .
H.E. Dr. Obaidullah Obaid (1968) from Afghanistan who is a medical doctor. He worked until 2010 in the Ministry of Health and in the Kabul Medical University, lately as the Dean of that University. In 2010 he became ambassador in Iran, but two years later he was appointed the Cabinet Minister for Higher Education in Afghanistan.
H.E. Mr Abdulaziz Abdullah Abohaimed (1961) is the new ambassador of Saudi Arabia, who studied political sciences in the USA. He started at the Ministry of Foreign Affairs in Riyadh in 1989 and served as a diplomat in Paris and Singapore as well. The Hague is his first posting as an ambassador.
All the new ambassadors are most welcome in the what several Secretary Generals of the United Nations called: The Hague, the Legal Capital of the World !
a.beelaerts@planet.nl
Palestine accedes to Rome Statute
Palestine accedes to Rome Statute, International Criminal Court and other international instruments.
By Nicolas Boeglin, Professor of International Law, Law Faculty, University of Costa Rica.
Last January 6, United Nations Secretary General issued a note indicating that ICCās Rome Statute will enter into force as to the State of Palestine on April 1, 2015 (seeĀ official noteĀ of Secretary General acting as depositary of Rome Statute). On 7 January 2015, the President of the Assembly of States Parties to the Rome Statute welcomed the deposit by Palestine of the instruments of accession to the Rome Statute of the ICC as well as the agreement on the Privileges and Immunities of the International Criminal Court (APIC) (see official ICCĀ press release).
On the very same day, ICC Registar sent a letter to Palestine authorities (seeĀ letter) confirming the reception of a declaration made pursuant article 12(3) of Rome Statute: āExcellency, I hereby confirm receipt, on 1 January 2015, of your 31 December 2014 āDeclaration Accepting the Jurisdiction of the International Criminal Courtā which was lodged with me pursuant to article 12(3) of the Rome Statute, and in which you state that āthe Government of the State of Palestine recognizes the jurisdiction of the Court for the purpose of identifying, prosecuting and judging authors and accomplices of crimes within the jurisdiction of the Court committed in the occupied Palestinian territory, including East Jerusalem, since 13 June 2014.ā Pursuant to Rule 4(2) of the Rules of Procedure and Evidence, a declaration under article 12(3) of the Rome Statute has the effect of the acceptance of jurisdiction with respect to the crimes referred to in article 5 of the Statute of relevance to the situation, as well as the application of the provisions of Part 9 of the Statute and any rules thereunder concerning to States Parties. I hereby accept the declaration and I have transmited it to the Prosecutor for her consideration. This acceptance is without prejudice to any prosecutorial or judicial determinations on this matterā.
In August 2014, ICC Prosecutor Fatou Bensouda explained in an article published in The Guardian her position with respect to the lack of jurisdiction of ICC on crimes committed in Gaza (seeĀ article). It must be recalled that on January 21, 2009, Palestine sent a similar declaration to ICC: « the Government of Palestine recognizes the jurisdiction of the Court for the purpose of identifying, prosecuting and judging the authors and accomplices of acts committed on the territory of Palestine since July 2002Ā Ā».Ā A selected group of experts in international law considered in 2010 that this declaration made in 2009 allowed ICC to exercise his jurisdiction on Gaza situation (see collective document Ā entitled: āLes effets de la reconnaissance par la Palestine de la compĆ©tence de la CPIā).
In addition to the 1998 Rome Statute and the declaration made, there are other relevant international treaties to which Palestine is becoming State Party since Dec.31, 2014. The complete list of treaties that Palestine has acceded is the following:
1. Convention on the Political Rights of Women
2. Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the āNew York Conventionā)
3. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal
4. Convention on Biological Diversity and the Cartagena Protocol on Biosafety to the Convention on Biological Diversity
5. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
6. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III)
7. Convention on the Law of the Non-Navigational Uses of International Watercourses
8. Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents
9. United Nations Convention against Transnational Organized Crime
10. Convention on the Safety of United Nations and Associated Personnel and the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel
11. United Nations Convention on the Law of the Sea
12. Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
13. Agreement on the Privileges and Immunities of the International Criminal Court
14. Rome Statute of the International Criminal Court
15. Declaration in accordance with the Rome Statute of the International Criminal Court
16. The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons
17. The Treaty on the Non-Proliferation of Nuclear Weapons
18. Convention on Cluster Munitions
(Source:Ā UNISPAL noteĀ reproducing the letter of President M. Abbas of Dec 31, 2014).
Concerning UN Convention of 1997 on International Watercourses, a recent noteĀ in a specialized site on international water regulations indicated that: āIn addition, with Palestineās accession to the Convention, Israel is now the only state in the Jordan River Basin to not have joined the treaty. Jordan, Lebanon, and Syria ā all riparians to the Jordan River Basin ā became Parties to the Convention in 1999, 1999, and 1998, respectivelyā.
Interview with Mrs. Maja Popova of the Embassy of the Republic of Macedonia
Pictures by Kim Vermaat.
By aldo Rodriguez.
Prior to beginning her diplomatic career in 2003, upon marrying her husband, H.E. Igor Popov, Ambassador of the Republic of Macedonia to the Netherlands, Mrs. Maja Popova enjoyed an illustrious career that spanned over two decades in Metal Conservation Archeology, at a renown museum in Macedoniaās capitol city, Skopje ā her hometown. She is a pharmacist by training and a philanthropist by experience.Ā Ā It was her passion for humanitarian work that brought her path to crossĀ the Ambassador’s, when he attended a public park clean-up event hosted by Green Planet, an environmental protection nonprofit organization where she served as Executive Director, on a volunteer basis. As you may have noticed, Mrs. Popovaās name carries with it an extra āaā unlike the Ambassadorās name due to the grammatical gender of Macedonian ā the āaā makes the name feminine because she is a woman.Ā
She seems to like her new found home and holds her new neighbors in high esteem, āDutch people are like fighters, they donāt give up.ā she says āProbably due to their struggles with the sea and the climate that has lasted for centuries.ā Having just moved to the Netherlands in May 2014, Mrs. Popova, like any good parent, worked swiftly to help her family feel at home. She has two children, the first of which is Marco who is 11-years-old and attends an international school, while her four-year-old daughter, Bisera, attends a local Dutch school. Little Bisera, she stated, takes after her father, so she is very extraverted, has quickly adapted to the Netherlands and has already picked-up some Dutch. While young Marco, who is having a slightly harder time making friends at school, benefits from having his cousins in close proximity, as the Ambassador has family who immigrated to the Amsterdam-area some 25 years ago. This gives her family a distinct advantage over the typical expat community, she admits, as they have been able to frequent the Netherlands throughout the years due to family functions and holidays. She hopes the life experiences afforded by their modern nomadic lifestyle will benefit Marco and Bisera later in life, giving them a different perspective on the world.
Once the settling down phase is complete she plans to further explore the Netherlands ā first up, she says, will be the Dutch Wadden Sea Islands, particularly Schiermonnikoog, thought to be one of the prettiest places in the country.Ā Leiden, she says, is one of her favorite cities to visit thus far because of its charming beauty, traditional architecture and of course, its museums ā which are of particular interest to her, due to her professional background. She intends to reengage her artifact conservation work to some degree in the coming year through new contacts she has made at museums in Leiden, once the kids have a routine set, that is. Now that the rainy days of winter have began she also looks forward to visiting museums like Naturalis Biodiversity Center, Corpus, and the newly reopened Mauritshuis, with her kids.
Her embassy recently celebrated the Macedonian National Day, which is on September 8th, in collaboration with Diplomat Magazine. The event was well attended by the local diplomatic and Macedonian communities, alike. Traditional treats and delicious wines were served. Macedonia is known for its rich and aromatic red wines and bountiful peppers, which are undoubtedly delicious byproducts of its sunny climate. Its abundant sunshine is even depicted on their flag āThe New Sun of Libertyā and also referred to in the nationās anthem. Despite her life-long love affair with adventure and travel, she confesses that nostalgia for her homeland, as is natural, does set-in from time-to-time. She longs for the general calm and helpful atmosphere of Macedonia and its kitchen, as she rarely gets to visit. āOf course I cook. Of course! Every day. I have two kids and a husband ā so they all depend on my kitchen,ā she chuckles, as we discuss where she shops for key ingredients. She quickly compliments the Dutch greenhouse industry for allowing her to find many of the ādelicious, very hot, green peppers that Macedonians cannot live without,ā despite our lack of sun here. When describing produce at the ābeautiful, beautiful, beautifulā Haagse Markt her eyes light up. The local Moroccan and Turkish butchers also get high praise for having excellent meats.
Mrs. Popova communicates with ease. She is a natural people-person and possesses vast professional experience, which the local nonprofit community will surely benefit from once she branches out to volunteer during her limited free time, until the right job opportunity presents itself. Ā In closing, she shares some of the life-lessons she has gained as a world citizen. In short, āLife is a gift,ā she says, which has to be respected for what it is, while maintaining awareness and compassion for those living with less. āWe have to be humble and be satisfied with what we have,ā she concludes, that is her recipe for a happy life ā one she is trying to impart on her microcosm which is her family.
Ā

Sophisticated drone technology can help in the fight against wildlife poaching
ā100,000 African elephants were killed the last 3 years, according to National Geographicā
By Ruud van der Lem, Drone-Solutions.nl
This year, a new initiative to count elephants and study theirĀ moves takes place under supervision of Microsoft co-founder, Mr. Paul G. Allen. The Census Project will help conservationists in long-term management planning.
Poachers vs aerial sensors
Already poachers use helicopters to hunt the elephants down and soon they will discover how to jam the Drone navigation devices in order to let them crash.
Sophisticated small fixed-wing Drones equipped with high tech navigation systems, cutting edge sensors and camera systems are needed if we want to play a substantial role into the next level of the battle against poaching wild life.
Stealth operation
To ensure stealth operation, together with bright vision, these Drones best operate after sunset, ensuring the best contrast for the infra-red imaging sensors. Elephants and rhinoās give a large contrast footprint, where poachers obviously give a smaller one, supplemented with an often higher color temperature image, due to the fact of using vehicles and camp-fires.
Cattle thieves
A side application could be the use of this technology to track down cattle and harvest thieves, as they often operate during night-time and operate in obvious patterns.
Additional detection equipment attached to the Drone can track & trace mobile telephone or radio communication of the perpetrators.
Discreet operations
Unfortunately there are examples, where local authorities were actively involved in undermining operations. Programs to detect or prevent poaching and thieving must be organized in a way that only a small ever changing group knows the details of field operations.
Professional approach
Long flight-operation on high altitudes manages to monitor very large areas. Moreover it prevents discovery by poachers and cattle thieves, however this elevates operational investment.
Serious programs, involving remote sensing by using drones, always demand intensive organization and cooperation between all stake holders. Added with educational programs it can seriously contribute in the reduction of such forms of organized criminality.
Drone-Solutions.nl is a specialist in providing solutions in remote sensing and cooperates with the security and drone industry.
The Global Race to the Bottom
By Philippe Heitzmann
The proclamation in 1992 by American President George H.W. Bush and Russian President Boris Yeltsin of a new era of āfriendship and partnershipā[i] between Moscow and Washington signaled the end of the Cold War and the consolidation of the age of globalization. Yet as the loss of biodiversity in our food supply stemming from global crop standardization āseverely compromises global food securityā[ii] according to UN Food and Agriculture Organization (FAO) Assistant Director-General Alexander Müller, it has become apparent that globalization may introduce broad risks of a food crisis.
In addition, the corrosive effect of corporations on emerging economies, alongside the environmental damage and growing income inequality introduced by globalization, all suggest that this increasing interconnectivity has not been beneficial to the majority of the worldās peoples.
Although globalization has been celebrated as an agricultural triumph, its standardization of the genetic makeup of crops has undermined the security of food markets. In China alone, efforts to boost yields and meet immediate hunger needs have resulted in the disappearance of an estimated ninety percent of wheat varieties over the past century.[iii]
While this standardization has allowed for the feeding of millions of more people, our food supply is now more genetically vulnerable to pestilence, such as the fungus Ug99, which has been destroying wheat crops across Kenya, Ethiopia, Uganda and Yemen since 1999.[iv] Scientists estimate that if the strain is to reach American fields, an estimated one billion dollars’ worth of wheat would be at risk,[v] leading many analysts such as Jim Peterson, a professor of wheat breeding and genetics at Oregon State University, to describe the situation as a ātime bomb.ā[vi]
At a time when, in the words of Abdolreza Abbassian, a senior economist with the UNās FAO, global food āreserves are at a very low level,ā leaving āno room for unexpected events,ā[vii] world governments cannot allow for the economic players driving globalization, such as the IMF or the World Bank, to pressure farmers into adopting policies that could jeopardize our food supply and create unrest, such as in Egypt or Tunisia where rising commodity prices caused protests in 2011.[viii]
Globalization allows firms to relocate in āpollution havensā with lower environmental regulations. Fully aware of their crucial economic impact on such developing nations, multinational corporations (MNCs) often coerce such governments to abandon environmentally-friendly legislation. For example, the multinational mining company Rio Tinto recently developed the Oyu Tolgoi mine in the South Gobi Desert, which, while located in a āfragile ecosystemā, according to a 2010 report by the OECD,[ix] will increase Mongoliaās GDP by 30% by most estimates.[x] However, no Environmental Impact Assessment (EIA) was conducted before the purchase, leading many Mongolian NGOs not only to worry that the industrial activities would deplete and contaminate the water supply, but also to wonder how such a deal could have been passed.[xi]
In fact, high-level corruption was recently uncovered in the Mongolian case,[xii] leading many to speculate more broadly on the future of democracy under the shadow of MNCs. If one is to take the United States as, in the words of Emma Lazarus, a beacon for the āhuddled masses yearning to breathe free,ā[xiii] that epitome has already been muddied by the 2010 Supreme Court case Citizens United vs. Federal Election Commission, which deemed unlimited corporate spending in politics an extension of free speech.[xiv] And the legislative branch has not resisted the rolling tide of corporate interests either, as the North American Free Trade Agreement (NAFTA) passed Congress in 1994, essentially creating a āBill of Rightsā for MNCs under Chapter Eleven, such as the right for a corporation to sue a country interfering with its profits.[xv] A famous example is the 1994 case of Harken Energy, in which the Louisiana-based oil-drilling company sued the government of Costa Rica for $57 billion in damages, simply because the Latin-American country had ruled Harkenās offshore platform not in accordance with environmental laws.[xvi] The dispute has still not been settled, with the Costa Rican claiming that it wonāt recognize arbitration by the World Bank, leaving many to worry about the integrity of the nation state in a world of profit-driven corporations.[xvii]
While many contend that globalization has lifted millions out of poverty, higher household incomes have seldom been beneficial to the majority of the worldās peoples given how higher inequality has undermined social stability. Eric Maskin, the 2007 Nobel Laureate in Economics and professor at Harvard University, believes that a higher demand globally for skilled workers by multinational corporations (MNCs) polarizes incomes between skilled and unskilled labor.[xviii] Ā For example, income inequality increased in China by about two percent in the 1980s and two point five percent in the 1990s, one of the fastest rates of growth of inequality in the world.[xix] During the same period, the contribution of wage inequality to total income inequality in China was between one third and one half.[xx]
While research suggests that high income inequality correlates with financial crises and slows growth,[xxi] the divisive trend has also fomented social instability in China, apparent in the one hundred eighty thousand āmass incidentsā of civilian protests reported by Chinese sociologists in the past year,[xxii] which led the Peoplesā Republic to spend more on internal police force than on its military in 2011.[xxiii] Although globalization has lifted nearly five hundred million Chinese citizens out of poverty over the past three decades,[xxiv] these gains might soon be outweighed if the āharmonious societyā cannot keep its civil unrest in check.Ā
The economies of developed countries also mirror the Chinese case, as todayās national distribution of wealth resembles that of 1929, suggesting an unsustainable model of growth. Today, the top point one percent of Americans own as much as the bottom ninety percent.[xxv] Meanwhile, the driving forces behind globalization have only afforded the American middle class a one percent increase in income since 2000.[xxvi] Similarly, all European countries, except for France, Hungary and Belgium, have seen their Gini coefficients, which scores national income distribution out of one, rise on average by 0.05 between 1980 and the 2000s.[xxvii]
This inequality has already created a divide in health standards within the populations of rich countries. For example, the difference in average life expectancy between the richest and poorest neighbourhood of Glasgow, Scotland is twenty eight years, with the life expectancy in the poorest borough being eight years shorter than that of the national average in India.[xxviii] This āsocial gradient of healthā is causing alarm internationally, with the Commission on Social Determinants of Health of the World Health Organization (WHO) calling to āclose the gap within a generationā in the name of social justice and economic improvement.[xxix] In addition, given the aging of the population in Western countries, many are concerned that retirement pensions of old people will place an unsustainable burden on already struggling economies.[xxx]
In conclusion, the cost-benefit analysis of globalization should be reassessed by the World Bank and the United Nations. In light of globalizationās threats to the food supply and its extensive environmental damage, nation states should deal more cautiously with worldwide integration, lest we want future generations to bear the consequences of our unsustainable growth.
Similarly, developing countries such as China should pass legislation meant to improve the education of their workforce, so that the wage gap between skilled and unskilled workers might be bridged, thereby slowing the dangerous global trends of growing income inequality. Lastly, in order to reinvigorate falling a middle class, developed countries should introduce more social welfare programs that would counterbalance globalizationās polarization of incomes, which is slowing economic growth. Although globalizationās reduction of trade barriers and increased technological exchange have benefited many people around the world, the long term picture is now grim, and it is the duty of the World Bank and the United Nations to take active roles to erase these shortcomings through universal environmental benchmarks and strong legislation on corporate identities.
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[viii] Michael Pollan, āFarmer in Chief,ā Ā New York Times on the Web, 9 October 2008, http://www.nytimes.com/2008/10/12/magazine/12policy-t.html?pagewanted=all (November 10, 2014).
[ix] MiningWatch Canada, āOECD Complaint Field Against Rio Tinto and Ivanhoe Mines in Mongolia,ā 18 July 2010, http://www.miningwatch.ca/oecd-complaint-filed-against-rio-tinto-and-ivanhoe-mines-mongolia (November 12, 2014).
[x] āOyu Tolgoi Copper/Silver/Gold Mine Project,ā Bank Information Center, 28 February 2013, http://www.bicusa.org/feature/oyu-tolgoi-coppersilvergold-mine-project/ (November 12, 2014).
[xi] MiningWatch Canada, āOECD Complaint in Mongolia,ā July 18, 2010, http://www.miningwatch.ca/oecd-complaint-filed-against-rio-tinto-and-ivanhoe-mines-mongolia (November 12, 2014).Ā
[xii] Robb Stewart, āMining-Company Lawyer Canāt Leave Mongolia,ā Wall Street Journal, 24 October 2012, http://online.wsj.com/articles/SB10001424052970203897404578075972280117736 (November 12, 2014).Ā
[xiii] āThe New Colossus,ā American Academy of Poets, http://www.poets.org/poetsorg/poem/new-colossus (November 11, 2014).
[xiv] Adam Liptak, āJustices, 5-4, Reject Corporate Spending Limit,ā 21 January 2010, http://www.nytimes.com/2010/01/22/us/politics/22scotus.html?pagewanted=all (November 11, 2014).
[xv] āTrading Democracy: The Other Chapter 11,ā Public Broadcasting Service, http://www.pbs.org/now/politics/tradingdemocracy.html (November 11, 2014).
[xvi] Nadia Martinez, āFree Trade Agreement threatens Costa Rican Environmental Protections,ā Grist Magazine, 27 March 2004, http://grist.org/article/engler/ (November 12, 2014).
[xvii] Nadia Martinez, āFree Trade Agreement threatens Costa Rican Environmental Protections,ā Grist Magazine, 27 March 2004, http://grist.org/article/engler/ (November 12, 2014).
[xviii] World Bank News, āTheorist Eric Maskin: Globalization Is Increasing Inequality,ā June 23, 2014, http://www.worldbank.org/en/news/feature/2014/06/23/theorist-eric-maskin-globalization-is-increasing-inequality (November 12, 2014).
[xix] Bin Xu and Wei Li, āTrade, Technology, and Chinaās Rising Skill Demand,ā Economics of Transition 87, no.1, 2008: 64 http://www.ceibs.edu/faculty/xubin/Xu-Li.pdf 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
[xx] Bin Xu and Wei Li, āTrade, Technology, and Chinaās Rising Skill Demand,ā Economics of Transition 87, no.1, 2008: 64 http://www.ceibs.edu/faculty/xubin/Xu-Li.pdf
[xxi] Michael Kumhof and Romain RanciĆØre, āIMF Working Paper: Inequality, Leverage and Crises,ā IMF Research Department, November 2010, https://www.imf.org/external/pubs/ft/wp/2010/wp10268.pdf (November 12, 2014).
[xxii] Tom Orlik, āUnrest Grows as Economy Booms,ā Wall Street Journal, 26 September 2011, http://tinyurl.com/m2cuy87 (November 12, 2014).
[xxiii] Bloomberg News, āChinaās Spending on Internal Police Force in 2010 Outstrips Defense Budget,ā 6 May 2011, http://www.bloomberg.com/news/2011-03-06/china-s-spending-on-internal-police-force-in-2010-outstrips-defense-budget.html (November 12, 2014).
[xxiv] World Bank News, āChina Overview: Context,ā April 1, 2014, http://www.worldbank.org/en/country/china/overview (November 9, 2014)
[xxv] Economist, āSome are more equal than others,ā November 6, 2014, http://www.economist.com/blogs/graphicdetail/2014/11/daily-chart- (2?fsrc=scn/fb/te/bl/ed/somearemoreequalthanothers (6 November 2014)
[xxvi] Economist, āSome are more equal than others,ā November 6, 2014, http://www.economist.com/blogs/graphicdetail/2014/11/daily-chart- (2?fsrc=scn/fb/te/bl/ed/somearemoreequalthanothers (6 November 2014)
[xxvii] OECD Report, āAn Overview of Growing Income Inequalities in OECD Countries: Main Findings,ā Organization for Economic Cooperation and Development, May 2011, http://www.oecd.org/els/soc/49499779.pdfĀ (8 November 2014)
[xxviii] Sir Michael Marmot, āSocial Determinants of Health,ā Institute of Health Economics, Ā 31 May 2012, http://www.ihe.ca/research/knowledge-transfer-initiatives/–innovation-forum-series/innovation-forum-vii—social-determinants-of-health/ (November 3, 2014).
[xxix] Commission on the Social Determinants of Health, āFinal Report: Closing the Gap in a Generation,ā World Health Organization, May 2008, http://whqlibdoc.who.int/publications/2008/9789241563703_eng.pdf?ua=1 (November 11, 2014).
[xxx]Sir Michael Marmot, āSocial Ā Determinants of Health,ā Institute of Health Economics, 31 May 2012, http://www.ihe.ca/research/knowledge-transfer-initiatives/–innovation-forum-series/innovation-forum-vii—social-determinants-of-health/ (November 3, 2014).
The Amadeus Intrigue
By Dario Poli
“As the stars twinkle in a still summer’s night, and suddenly the moon spreads its full, clear glory, before all his fellow artists. So deep, so clear, so all embracing, so rich in invention was his noble mind…” Johann Schenk.
Novelists such as Jim Marrs, John Grisham and Dan Brown have reflected and exploited society’s increscent fascination with intrigue and corruption to such a point that the lives and deaths of almost all eminent figures seem to now be subjected to the fine-tooth combs of conspiracy theorists.
As the rest of the world celebrates the 250th anniversary of the birth of Wolfgang ‘Amadeus’ Mozart, Dario Poli explains why it is the great composer’s death that prominent academics are still discussing.
The night of his death, a dark and gloomy weather front seized Vienna firmly in its grasp. At the funeral, too, it began to rage and storm with increased intensity as snow and rain fell together, turning the ground into a slippery sludge. It was as if nature was displaying her anger and indignation with the man’s contemporaries, who had turned out sparsely for his burial, by relentlessly lashing them with a cold penetrating wind.
A handful of friends and three women accompanied the corpse; even his devoted wife Constanze stayed at home. Those that did attend stood around the black-draped briar, huddled under umbrellas held in frozen hands, shivering in wet cloaks, and stamping their cold feet for warmth. Following the short funeral service at St. Stephen’s Cathedral, the body was taken to St Marx Cemetery.
As the storm grew more violent and the sky darkened, even those few devoted friends turned back at the Stuben Gate, heading for the sanctuary of the Silver Snake tavern. The bagged body was then dumped and interred in an unmarked grave by indifferent gravediggers who, due to the miserable weather, were impatient to be paid and get home.
The body that had nurtured and protected the energy of a priceless spirit, responsible for the exquisite harmonies and melodic inspiration of euphoria, pathos, and architectural elegance, was hastily covered by clods of snow-hardened earth. The date – December 7, 1791. The burial was that of a poor man; a third-class funeral and his wife chose not to erect any cross or marking to his memory.

Europe and Its Youth: Whatās Happening?
By Mariarosaria Iorio, Political analyst.
Ā When I Was a University Student ⦠As a student in Naples, I faced many challenges, including, among other things, overcrowded university rooms, professors who only remembered me as my registration number (my number was 4,220), and unemployment waiting at the end of my studies. When the Erasmus program (a European Unionāfunded program for student mobility in Europe) was publicized at the Istituto Universitario lāOrientale, where I was studying, I thought that my dream of studying abroad for a while could come true. Great! I passed the exam and won an Erasmus fellowship to complete part of my studies at the University of Louvain-la-Neuve, Belgium. I had no idea what to expect and had never heard of such a university. During my stay in Louvain-la-Neuve, I had a chance to travel from Brussels to Amsterdam, Bruges, and Antwerp by train. I met new friends and learned a new language (Spanish, with a Spanish friend who did not speak French).Ā The experience changed my life. It opened my eyes to the possibilities offered by a different country. It made me more critical of my own country of origin (Italy) and its dysfunction. It made me a European citizen! It gave me the chance to gain confidence in myself, as I could adapt to and move around in different countries. I made new friends and discovered the open space of Europe. I felt the hope of āYes, I can.ā I became ready to fight for a better place once I returned to my own hometown because I saw that a different reality existed. But most of all, the experience made me a strong supporter of the European project. In fact, without Erasmus, I would have had no chance to study abroad. Today, I live in Geneva, work in Brussels, and travel for work all over Africa. I feel disheartened by the mistrust I encounter and by the attempt of a few to make us go back to before European integration was achieved. Although I understand those who believe in a national space that protects and guarantees a comfort zone for its citizens, I find something disturbing in that type of reasoning. Do we need to be protected from other human beings because we are unable to continue creating welfare? Do we want to be first to grasp the benefits of the welfare programs already in existence, which we do anyway? What are we afraid of? When observing the dynamics of the world economy, it is inevitable to note that economic activity is transnational (including illicit economic activities such as mafias). How would a nation alone deal with the complexity of international economic activity as it impacts national employment? My conclusion is that it is only fear that motivates such a discourse, which simplifies the reality and presents the world as a jungle from which Europeans should withdraw and be protected. Fear also motivated the results of the European elections, which were communicated on May 25, 2014, as well as the results of the vote against the free movement of European people, which took place in Switzerland on February 9, 2014. While acknowledging the results, I wondered, Whatās happening? After my incredulity subsided came a time for reflection and analysis. My first reaction was this: There is a link between European economic and cultural decadence and the fear of the āunknownā shown in the election results. In fact, as the services economy develops, the control of European peopleās movement is very difficult to implement. As a result of the vote of February 9, 2014, the Swiss Confederation has tried hard to fix immigration quotas for Europeans. It is an almost impossible mission. As a result of these events, a number of thoughts came to my mind. I reviewed the major points I had heard from commentators on the election results and also thought about comments made by my friends. Poverty Is Spreading All Over Europe Does the fact that poverty is spreading all over Europe justify the fact that European people wish to āgo back to the way things were beforeā? Before the euro, before free movement, before free trade, before Europe, and before globalization, was reality for Europeans less tough? The pauperization of the European population is a fact. Poverty is touching middle classes and youth in a dramatic manner all over Europe (with an exception made for Germany). Youth unemployment is reaching incredibly high points. For instance, in Italy, the average of youth unemployment is 25 percent (which is the national average; in the southern part of the country, it is as high as 46 percent, as revealed in Istat [the Italian National Institute for Statistics] data communicated on June 3, 2014). The middle class which had been driving European development, is now more and more pauperized. Thus, it has lost its pivotal role in social stabilization. The European elitesā optimism, mostly characterized by a faith in a federal Europe, does not account for the growing frustration of the working classes and average citizens who face the challenge of making a living without hope for the future of the European project. Although they are not aware of the technicalities of the European project and experience difficulty in making a causal link between Europe and the solution of national crises, European citizens are subject to a lack of appropriate industrial and social policies. Also, they see their incomes eroded by the high cost of living and cannot imagine their childrenās future because of high unemployment rates, lack of competitiveness, and lack of creativity among European entrepreneurs. As it goes with public hysteria, an āenemyā has to be found somewhere: the closest one after immigrants is Europe! So, while free-market political philosophy has not brought the welfare expected in Europe, socialist parties have lost their ideological basis. They have given up on redistributive political aims and have turned toward social-liberal political philosophies. This centrist shift of socialist parties encouraged extremes to emerge and mobilize Europeans (naturally, with some nuances, depending on countriesā national realities. France is more on the right side of the political spectrum, while Spain is more on the left side). All parties claim to pursue the same objective. Change This Europe! The Question Is, How? Social dialogue between the capitalists and the working classes to boost growth and make a common project is a challenge, of course. The whole relationship between capital and work must be revised, along with the political thinking of European leaders. They should stop using Europe for their internal electoral purposes, which keeps a more substantial European integration in limbo. This is particularly true as it regards the shift from national to European competence in immigration policies, foreign affairs, defense, and economic and financial management, including employment. National politicians want to convince their electors that they can still impact economic trends, e.g., reduce unemployment. In reality, in the global economy, national governments do have a smaller and smaller impact on such things. The time has come to admit this fact. It is time to acknowledge that further integration is the only solution. No European nation can face alone international competitionānot even France! Meanwhile, Europe must bring positive results, namely growth and employment. Social dumping in Europe is the result of a lack of serious economic policies at the European level. National states remain ambiguous in this regard. In Italy, for example, the European elections confirmed the Democratic Party as the party in power (it received 40 percent of the vote). Matteo Renzi, the Italian prime minister, has used this result to reinforce his national statement on national reforms without clearly explaining his partyās project or his plans for the European project. Italy Took Over the European Presidency as of July 1, 2014. Is there a European project proposed by Italy, by the way? Apparently, Italy will āhelp to change Europe.ā It would be useful for Italian citizens to know what the plans are! Italian Prime Minister Matteo Renzi intends to boost demand-driven growth, competitiveness, and employment. These are definitely key issues. As a matter of fact, competitiveness is related to educational and production systems. The questions that remain open are as follows: How to promote innovation in Europe in general and in Italy in particular? How again to give Europeans confidence in the future? Matteo Renzi should take appropriate measures, including employment creation measures such as public works and identification of sectors with high employment potential, such as tourism (a totally abandoned and unprofessional sector at the moment); training possibilities abroad for youth and university students; and reestablishing contact with Italians abroad to use their competencies and networks to support the governmentās action. At the moment, Italians are seen abroad as āprivilegedā instead of as exported human capital. Deficit Rules Deficit rules established by the European Commission caused the current situation. Is there a causality link between the European austerity rule of the 3 percent deficit and the actual stagnation of European economies? It is because states have overspent and have not promoted or sustained innovation that Europe is in such a deep economic crisis. European institutions do not carry the responsibility for the current situation. Going back to the Europe of nations as well as to national currencies is not the solution, as production models have moved beyond nations. Furthermore, this crisis results from the nationalist and fragmented approach of European nations in crucial areas such as employment and social policy. National politicians use the European process in their own national interest and shape their discourses on Europe depending on their own national political spectrum: Europe is the cause of national weaknesses when nations do not manage to follow through on electoral promises and when their incompetence to face challenges is shown, as in the case of immigration policies. It came to my mind that Europe has to move toward deeper and faster integration by shifting from a midway approach (divided between national and European competence) to a more clearly democratically based European system of functioning. If Europe were able to produce, export, and create welfare rather than poverty, then the immigration issue would be a nonissue, as the economy would be able to absorb both nationals and foreign workers. It is because Europe is lacking in growth, innovation, and welfare that the fear of the āotherā is developing. This fear is encouraged, particularly by the extreme right-wing parties. Immigration In reality, in most cases, the immigration percentage remains low as compared to the total European population. Usually, immigrants are employed in jobs at the lowest level of the pyramid and for which no European worker has been available for a while. However, this trend is changing in some countries, e.g., Italy, where Italians are coming back to jobs previously only performed by Eastern Europeansāfor example, eldersā care. In reality, immigration is the other side of the coin of the economic global structure. As it concerns non-European countriesā immigration, the relationship between immigration flows and development policies should be reassessed. Historical reasons, e.g., in the case of France and England, and geographical proximity, e.g., in the case of Italy and Spain, are the reasons for regular flows. Either the dream of a better life or the wish to see āhow it is someplace elseā is the main motivation for immigration. The international division of labor is still a cause for the hopelessness of the youth population in developing countries. How can that change? It can change if local populations develop an awareness that a better future can only come if people fight for their rights and openup to the world, thereby leaving behind ancient habits and mental dependence on European colonial powers. The movement of European people is a natural integration-process result that should not be discussed. It sounds like a surreal issue. Whatās Next? By having a right-wing-based European parliament, the European project will turn toward further liberalism and the weakening of European institutions, while bringing more competition among European nations. This is not what it is needed to face international competition and globalization (which will move on, whether Europeans like or not). We indeed need a stronger Europe and a more integrated federal structure to face the world market and to create a more socialist Europe. The European project opens enormous opportunities for youth and European citizens. It needs, however, clarification and transparency of at least four main issues, namely the following: 1. A deeper political integration process is needed. European leaders should now pass to the next stage, which is federal Europe. Traditional national competencies, namely immigration, defense, and foreign policies, should shift into the European sphere. European institutions should be strengthened and quality of staff guaranteed through technical competence rather than general intelligence tests. A clear commitment to the European cause should be part of staff recruitment requirements. 2. A campaign focused on the achievements and contribution of European funds and initiatives should be launched in all member states. European initiatives and work are not well-known enough to the general public. 3. An informational campaign to make technical issues such as the budget deficit plain would help decrease the populist space of right-wing parties. 4. The social and demand-driven economic project should be pursued. Italian Prime Minister Matteo Renzi has proposed a more demand-driven Europe. This is a very timely idea. The question is how to strengthen the employment-creation policies? In fact, creation of employment opportunities should be linked to innovation and new sectorsā development. Europe remains locked into a traditional-economy view. 5. It distrusts innovative ideas and does not encourage entrepreneurship. A European program should be launched to support and promote new ideas to be developed into businesses. 6. The national educational systems should be revised. In most cases, they remain focused on encyclopedia knowledge, thus discouraging children from creating and āthinking outside the box.ā I am a European, I believe in the future, and I want an open and justice-based Europe. It is possible. We should all work toward a more integrated and friendly Europe. Europe has come a long way since 1957. Its efforts shall continue to make Europe an actor of international relevance. This article is an extract of the book Global Governance Trade and the Crisis in Europe. Available at: http://bookstore.authorhouse.com/Author/Default.aspx?BookworksSId=SKU-000978461New regulations on fixed-term employment contracts
By Jan Dop.
Special contribution for Diplomat Magazine.
Jan Dop, LL.M. is a partner and Head of the Embassy Desk at Russell Advocaten (embassydesk@russell.nl). More information about the expertise at Russell Advocaten for Embassies, Consulates and Diplomats can be found at: www.russell.nl.
There will be major changes to employment law in the Netherlands in 2015. These changes include strengthening of the legal position of flex workers, reforming dismissal law, and amending the Unemployment Insurance Act. Some of the changes will have serious consequences for the locally hired personnel of Embassies, Consulates and Diplomats. We will discuss these amendments in a series of articles in Diplomat Magazine. The first of these articles deals with a number of changes to fixed-term employment contracts which became effective on 1Ā January 2015.
No probationary period in short fixed-term employment contracts
The rules and regulations of the home countries of Embassies often provide probationary periods of threeĀ months or even longer. Dutch employment law is much stricter on that subject and has become even more strict. The following regulations have become effective on 1 January 2015:
Parties to an employment contract for an indefinite duration or a fixed term of more than twoĀ years can agree on a probationary period for a maximum of twoĀ months. In case the duration of an employment contract is less than twoĀ years, the probationary period may not exceed one month. Employment contracts for a period of sixĀ months or less may no longer include a probationary period.
A probationary period will only have legal effect if it is agreed upon in writing and if the period is exactly the same for both parties. During the probationary period, both parties may terminate the contract without prior notice. The termination takes effect immediately, irrespective of prohibitions of termination such as sickness or pregnancy. However, the reason for termination may not be one of these legal prohibitions.
Term of notification
Upon the expiry of a fixed-term employment contract lasting sixĀ months or longer, the employer must notify the employee at least one month before the employment contract expires about (1)Ā whether or not the employment contract will be renewed and (2)Ā the conditions under which the employment contract might be continued. If the employer fails to notify the employee entirely about whether or not the employment contract will be renewed, the employee will be entitled to a compensation of one monthās salary. In the event the employee will not be notified in a timely manner, the employer must pay a compensation pro rata.
On 1Ā January 2015, the term of notification has become effective for all existing and new fixed-term employment contracts of sixĀ months or longer.
Limiting exception of obligation to continue to pay salary
The period in which the obligation to continue to pay salary may be excluded (for instance, in the event of illness or reduction of activities) will be limited. As regards the first sixĀ months of the employment contract, it will remain difficult to exclude the obligation to continue to pay salary from individual employment contracts. The possibility to exclude the obligation to continue to pay salary will remain effective for employment agreements entered into before 1Ā JanuaryĀ 2015.
Our next contribution to Diplomat Magazine will deal with the tightening of the regulation regarding successive fixed-term contracts as of 1Ā JulyĀ 2015.
Lunch meeting
Russell Advocaten will host a lunch meeting titled āMajor consequences for Embassies due to changes in Dutch Employment Lawā on these and other new employment law issues on 9Ā FebruaryĀ 2015.
The year 2015 marks the T.M.C. Asser Instituutās 50th anniversary
On 13 December 1965, the inter-university institute for international law, T.M.C. Asser Instituut, was founded. The moment was sealed when representatives from eight Dutch universities, signed the āGemeenschappelijke Regelingā [Joint Memorandum of Association] in the fitting surroundings of the small court room of the Peace Palace in The Hague.
Throughout its 50 years of existence, the Institute has remained close to its inter-university origins. It has continually served and closely collaborated with its, now nine, university stakeholders in the areas of documentation and (fundamental and applied) research; providing for post-graduate education for professionals in the Netherlands and notably abroad; valorising research results through the organisation of a multitude of seminars, conferences, lectures and lunch & learn sessions as well as publishing scholarly work from both nationally and internationally acclaimed academics. Examples of these activities can be found on our website (www.asser.nl).
Celebrations have commenced. Our renewed Asser website was launched at the beginning of January as was our new inter-active community environment (www.asser.academy).
In line with our academic community organising mission, and in addition to our planned, regular Asser activities this year, we will also organise four unique symposiums where the focus will be on looking ahead at new perspectives and developments in the distinct areas of research covered by the Instituteās academic staff. These gatherings aim to engage a broad segment of the academic and other communities.
Thursday 19 March 2015 is the date to note for the Private International Law Symposium on International civil procedure and Brussels Ibis.
This one-day event will see several renowned speakers convene to analyse and discuss the changes the Brussels Ibis Regulation has brought to the current state of international civil procedure when it comes to forum selections clauses and the enforcement of foreign, as well as recent developments in the broader scope of private international law unification.
Should you wish to attend this symposium, please complete the online registration form. Programme details and registration information for the other symposiums will become available soon, but meanwhile save the dates:
23 April 2015: European Law Symposium Better Regulation in the EU revisited. Benefiting Business and Citizens
18 June 2015: International and European Sports Law Symposium 20 years later: the Legacy of Bosman.
15 October 2015: Public International Law Symposium International Legal Aspects in Countering Piracy
āProtecting fundamental rights in the international arena: public, private and European law perspectivesā is the title of the book being prepared by the senior staff members of Asserās research department. Here, colleagues will pool their strengths in realising this unique publication and critically assess how fundamental rights are protected in the international arena.
We will close this special celebratory year (date to be confirmed), by organising a festive gathering for all stakeholders and guests who have been and will continue to be important for our organisation and the work we will continue to perform.
Please watch our website for more information regarding our festive year and associated activities. Join the celebrations!