New regulations on fixed-term employment contracts
The year 2015 marks the T.M.C. Asser Instituut’s 50th anniversary
Promoting the rule of law in the Western-Balkan countries and Turkey
OSCE – Chairmanship of the Republic of Serbia in 2015
The world’s legal capital, a project under construction
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 – 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 : “We know The Hague well, because we participated in the work of The Hague Academy or the Institute of Social Studies.” 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.
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 Economy’s Future through a Transatlantic Perspective
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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 Economy’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 Europe’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:
 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 – 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. Â Â Â
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United States Digital FrameworkÂ
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 America’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. NTIA’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. The Department’s Internet Policy Task Force[23] identifies leading public policy and operational challenges in the Internet environment. 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]Â Â Â
Meanwhile considering the fact that the main goal and impact of digital economy is the economic growth, the State Department of 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 “Building a 21st Century Digital Government”.[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]
                   Â
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.
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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 Europe’s Digital Economy. Many European industries areincreasingly reliant on non-European ICT players.[42]
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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]Â Â Â Â
5. Decline of Telecom Revenues: Â 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.
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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  much faster than the EU. Digital economy in Europe has problems with declining EBITDA (Figure 7).
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 Figure 6[47]                                                     Â
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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 America’s whole economy. Many issues of the digital economy are international by nature and that’s why the transatlantic cooperation is not only highly recommended but at the same time it’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.    Â
Global Internet Governance
Internet Governance is an important issue for both EU and U.S. not only as the world’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.
- 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.
- The United States and EU must work closely together to set global standards and preserve the openness and freedom of the Internet.
- During the process of transatlantic consultation must be included different actors from civil society, interest groups, professionals or scientists.
- 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.
- 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.
- Develop international norms of behavior in cyberspace;
- Promote compatible policies across the Atlantic;
- Promote collaboration in cybercrime investigations;
- Create International cybersecurity capacity building;
- Secure infrastructure and devices; [53]
- Secure online safe, trustworthy transactions not hacked or impersonated;
- 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]
-
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.
-
Facilitate these exchanges of data in the way to encourage innovation and stimulate growth.
-
Ensure more interoperability between the EU, U.S. and third countries.
-
Protect the rights of personal data transferred to third countries.
-
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.
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:- Market access: create a free flow of online services across EU and U.S.;
- Promote trade liberalization by cooperating globally;
- Establish a single are for online payments;
- Mutual recognition of e-Identification (a common e-ID);[55]
- Common legal basis or policies/Regulatory Approximation;
- 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;
- Exchange experiences in the professional aspect: a highly educated workforce, top academic institutions and advanced research centers, dynamic research etc.;
- Work to create a harmonized compatible transatlantic market by reducing the excessive regulatory costs;
- Coordinate and avoid different policy approaches;
- Create a joint trade agenda to encourage trade and investments;
- Harmonisate theirs standards systems for services and products.
Searching for impressions of The Hague
Yemen and the Netherlands
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 Yemeni’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. ÂÂ
The Lantern: The Hague by Night.
A Diplomat’s Home Away from Home… Carlton Ambassador, The Hague
Picture by M. van Nieuwkerk
The Carlton Ambassador aspires to be a “local hero” and is known for its classic charm and character, perfectly balanced with modern day convenience and personalized service. The property’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. 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 – preserving the historic charm of the rooms, while accentuating them with modern technology features and luxurious bathrooms.
The World Luxury Hotel Award’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 guests’ votes – a true testament to their achievement in service excellence. In 2013 the Carlton Ambassador set the benchmark by winning the WLHA’s Continent Awards for Europe’s Best Luxury Hotel category. Mr. Paulides and his team genuinely thank all the readers and guests for their votes and support.
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