A Meeting of Minds: the Asser PhD Meeting in Private International Law
By Steven Stuij, LL.M., Researcher/PhD Candidate in private international law, T.M.C. Asser Instituut
Private international law (PIL), also known as the conflicts of laws, is the field of (international) law that governs private law relations in a cross-border setting. It regulates the issues of applicable law, jurisdiction and the recognition and enforcement of foreign judgments. Multilateral unification in this field of law used to be the domain of the Hague Conference on Private International Law, but nowadays it attracts increasing attention from the EU as well. Several Regulations on PIL matters have already been enacted.
Notwithstanding ongoing unification, a wide variety of issues is still unresolved. This was shown during a Meeting for PhD Candidates in PIL that was held at the Asser Institute on the 9th of October. Candidates of both Dutch and Flemish universities attended the meeting and presented a wide variety of interesting (PhD) topics.
Some of the issues were of a thematic nature, like the international aspects of employment in road transport. What is the value of protective rules for workers if so-called ‘letterbox companies’ can engage in a practice called ‘social dumping’? Another example was the liability of societies that classify sea ships, which led to an interesting debate as to the question how the regulation on international jurisdiction (“Brussels I”) should be applied.
Other topics concerned procedural law. The EU aims at a policy of ‘free circulation of judgments’, meaning that judgments of EU member states can be easily recognised in other member states. But what if the recognition of such judgment would violate human rights as enshrined in the ECHR? And what should happen to judgments from ‘outside’ the EU: is a European standard necessary for that?
Interesting is the question how enacted instruments actually operate in practice. One of the participants presented a refreshing approach to this question by gathering empirical data on the operation of EU instruments that introduced uniform civil procedures, like the Small Claims procedure.
Finally, some issues touched upon the very basis of choice-of-law rules. Does the fact that PIL is ‘Europeanised’ mean that a new methodology of PIL – i.e., a new paradigm of determining what law is applicable – is necessary? And if a national court finds that a foreign law is applicable, should the court ascertain the contents of that foreign law of its own motion, or can this matter be left to the parties?
Though the topics seem to focus on EU PIL, the influence of The Hague in PIL is not yet over. In many issues the relations with third states are still very important and the EU will need their cooperation. And the Asser Institute, being located in The Hague, will continue to further inter-university cooperation, for instance by organising this kind of PhD meetings.
Climate Change as Social Change
By Spanda Fondation.
Climate change is among the most urgent problems affecting the world today. According to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (IPCC), the concentration of greenhouse gases in the atmosphere is the highest in the last eight-hundred thousand years and, between 1880 and 2012, the temperature of earth’s surface and oceans has risen by almost 1° C. There is little time to step in and keep global warming below the 2° C-border, a point of no return for a process in which human footprint is the main cause.
IPCC warns that, if the current change of the climate continues in the next forty years, the process becomes irreversible unless greenhouse gas emissions are drastically cut. The report, produced by eight hundred and thirty scientists worldwide, is the most comprehensive appraisal of climate changes yet undertaken and will be the framework in which international decision-makers will shape policies and conceive visions for the 21st session of the UN Conference of the Parties on Climate Change (COP21) taking place in December 2015 in Paris, where a new global agreement on climate management is expected to be adopted. The goal of the Conference is to achieve, for the first time in over 20 years of UN negotiations, a binding agreement on climate management from all the nations of the world. It will take the form of a protocol, an agreed outcome with legal force, relevant to all Parties. The agreement will be fully implemented from 2020 onward and will, hopefully, bear many positive effects. In a similar spirit, on November 12th, 2014, the US and China have signed an agreement to stop the growth of the carbon-emission by 2030.
However, tackling climate change is a difficult task calling for a measure of decisiveness humans have repeatedly failed to muster. Since the 1990s, governments and international institutions have made a number of fruitless efforts to promote environment-friendly practice and means but, after years of spreading knowledge, today’s public awareness is only a few percentages higher than in 1989. Yet, engaging people on a personal level is integral for whatever global action.
After the release of the IPCC report, John Kerry, the US Secretary of State, spoke about catastrophe, danger, and dramatic consequences for the future generations. When questioned about the roles of US and China, the world’s biggest polluter states, he called for a collective action as “no single country causes climate change, and no one country can stop it.” Here Kerry fails to engage the individual, as he only frames climate change in a long-term and global perspective. Furthermore, as a recognised world-leader, Kerry’s words are disseminated through the ordinary media platforms without much critical approach; thus the individual becomes alienated from the issue at hand without a deeply-rooted motivation to engage personally in the public sphere in the name of climate change.
First and foremost, climate change needs a social change: it is a global concern requiring both local and personal solutions. Without widespread voluntary participation, with no ordinary common sense and active citizenship, regulations, investments and mobilisation, all campaigns are doomed to fail. The problem-assessment needs wider social commitment through targeted actions aimed at enhancing public awareness: a skilfully executed communication that play well in mobilizing and sustaining civic action, in building a community that acts on res publica.
In order to implement this transformation, people need not reduce living standards or lose available options. Humankind does not lack in knowledge, capital, and technologies to make the transition to a more climate-friendly economy and lifestyle: the instruments for a new environmental energy policy are already in place. The core of the problem lies with the political will, and with the inadequate translation of the point of no return, the 2° C-border, into a need for mandatory global commitment.
Media should investigate climate change as a procedure to resolve the problem of future living conditions, stimulating people to build their own society they actually want to live in. Rather than pointing to drastic global slashes, dangers, and threats, the media should positively promote sustainable innovations. By facilitating public acceptance of regulation while stimulating grass-roots’ actions, a valid communication strategy can reconcile the top-down and bottom-up approaches regarding climate issues, synchronising the actions of decision-makers with the global community.
King Willem-Alexander received Secretary General of NATO
By Aldo Rodriguez.
King Willem-Alexander and Prime Minister Rutte welcome Mr. Stoltenberg, Secretary General of NATO
His Majesty King Willem-Alexander of the Netherlands received Secretary General of NATO, Mr. Jens Stoltenberg, on Monday, November 24th 2014 at the Noordeinde Palace.
Mr. Stoltenberg was in The Hague because of NATO’s Parliamentary Assembly which took place at the World Forum on November 21st through the 24th.
Prime Minister Rutte received him later that day for a working lunch at the Prime Minister’s residence, to discuss the international security situation and the implications of current trends for the alliance following the NATO summit in Wales earlier this year.
It is the Secretary General’s first official visit to the Netherlands since taking office on October 1st 2014.
The Netherlands sell food expertise at World Expo 2015 in Milan
Food and related issues is the central theme of the Dutch submission to the World Expo 2015 (Milan 1 May – 31 October). By way of a unique public private partnership The Netherlands will demonstrate its world leadership in many food and agricultural sectors. The Netherlands will also show how it deals with issues such as food security, ecosystems, biodiversity, animal welfare, genetic modification and the application of nanotechnology.
The Dutch pavilion will carry the name Holland Delta to pinpoint the link between water, land and food in our country.
A special business programme will be offered at the monumental Museo Leonardo da Vinci in central Milan, this programme consists of presentations, investor meetings, seminars, debates and matchmaking sessions in collaboration with the The Hague-based Museon, which will create a special interactive exhibition about food and Dutch food innovation.
In addition, events will be organised in the Dutch pavilion of interest to general and business visitors. Demonstrations, a dynamic series of temporary exhibitions and discussion meetings will be organised about themes relevant to everyone. Naturally, tasting dishes won’t be forgotten. Scientists and food innovators will demonstrate that “new nourishment” is tasty as well.
The Dutch participation is managed by an independent foundation (The Stichting World Expo Milaan 2015) which is supported, among others by the central government, the City of Rotterdam and other regional and local authorities, VNO – NCW (Dutch employers association), MKB Nederland (SME employers association), Europe Council (the Europe division of NCH, the Netherlands Council for Trade Promotion) and dozens of companies and knowledge institutes. The foundation will mobilise relevant and interesting knowledge and expertise from the private sector, research institutions and government bodies and develop partnerships. The foundation works in close collaboration with partner companies and organisations, which, for a fee will be able to book and fill time blocks and thematic activities.
The foundation’s managing director Erik van der Schaft is glad that The Netherlands will participate in the Expo: “At last we’ve come to the point where we will contribute in a unique way which will do justice to Dutch food and agro expertise and our perspective on food-related issues. It’s fantastic a wide variety of organisations will collaborate. And beyond 2015 we will hopefully have an equally amazing World Expo 2025 in Rotterdam.”
The Dutch pavilion will carry the name Holland Delta to pinpoint the link between water, land and food in our country.
A special business programme will be offered at the monumental Museo Leonardo da Vinci in central Milan, this programme consists of presentations, investor meetings, seminars, debates and matchmaking sessions in collaboration with the The Hague-based Museon, which will create a special interactive exhibition about food and Dutch food innovation.
In addition, events will be organised in the Dutch pavilion of interest to general and business visitors. Demonstrations, a dynamic series of temporary exhibitions and discussion meetings will be organised about themes relevant to everyone. Naturally, tasting dishes won’t be forgotten. Scientists and food innovators will demonstrate that “new nourishment” is tasty as well.
The Dutch participation is managed by an independent foundation (The Stichting World Expo Milaan 2015) which is supported, among others by the central government, the City of Rotterdam and other regional and local authorities, VNO – NCW (Dutch employers association), MKB Nederland (SME employers association), Europe Council (the Europe division of NCH, the Netherlands Council for Trade Promotion) and dozens of companies and knowledge institutes. The foundation will mobilise relevant and interesting knowledge and expertise from the private sector, research institutions and government bodies and develop partnerships. The foundation works in close collaboration with partner companies and organisations, which, for a fee will be able to book and fill time blocks and thematic activities.
The foundation’s managing director Erik van der Schaft is glad that The Netherlands will participate in the Expo: “At last we’ve come to the point where we will contribute in a unique way which will do justice to Dutch food and agro expertise and our perspective on food-related issues. It’s fantastic a wide variety of organisations will collaborate. And beyond 2015 we will hopefully have an equally amazing World Expo 2025 in Rotterdam.” Silk Road to beat Trans-Siberian
By Mete Erdurcan. Picture: RIA Motor
For years the most famous travelling route was considered to take you through-out Russia, however there is a route that outdates the Trans-Siberian Express; we mostly refer to it as the Silk Road trading route. China’s President Xi Jinping announced in Kazakhstan, in November last year, that there would be a $16,3 billion fund for investment in the infrastructure to revive the centuries-old Silk Road. The main goal appears to be for the poorer western regions of China to achieve more economic prosperity. Urumqi, the capital of western Xinjiang has a pivotal role to play according to Vice Premier Wang Yang. (Bloomberg News, 2014)
Now, a year later, the first train is on its way, from its starting point in Yiwu, in Eastern China, towards Madrid, Spain. The 82-wagon cargo train will take approximately 21 days; pass through 6 countries on its 9,978 km road. The route is approximately 724 kilometers longer than the famous Trans-Siberian railway; however the cargo will have to relocate to different wagons, because different countries have different track gauges.
The aim is to ‘reduce dependence on sea and air cargo transport’, according to China’s state press agency. It will also prove to be a proper alternative for transport from China, as it is faster than sea transport and cheaper than air travel. However, the costs are still higher than that of sea transport (approximately 20%), and some are concerned about the potential costs. The Chinese government seems more than willing to invest to make it more affordable, and believes that costs will drop in time; this is perhaps with the belief that ‘export and import values will increase’.
In the meanwhile, the ‘recipient’ side of the railway, the Spanish Prime Minister Mariano Rajov stated that this would ‘boost the cooperation between China and Spain’. (RussiaToday, 2014)
Will the new ‘Silk Road’ beat the Trans-Siberian railways, or will it prove to be too big of a project for only one country to be the major contributor of? Time will show if the new Silk Road will stand the test.
Princes Carolina of Monaco launched AMADE Netherlands
Diplomat Magazine was specially invited to cover this event in Amsterdam.
By the Private Office of Pieter Bogaardt.
In presence of HRH The Princess of Hanover, Princess Caroline of Monaco AMADE Nederland was launched on the 7th of November in the Rijksmuseum in Amsterdam. AMADE Nederland is a Dutch charity organization under auspices of AMADE Mondiale, the largest charity organization in Monaco, incorporated on the initiative of the late Princes Grace, since 1993 chaired by Her daughter Princess Caroline of Monaco, standing up for the most vulnerable children in the world regardless nationality, origin, or religion all over world trying to improve their surroundings in terms of healthcare, education and the protection of their rights.
AMADE Mondiale initiates aid campaigns independently or supports aid programs in cooperation with other aid organizations and operates through a network of local AMADE branches in several countries on almost each continent. AMADE Nederland is the latest branch, only recently incorporated on the initiative of Mr Pieter Bogaardt, member of the Board of Directors and of the Executive Committee of AMADE Mondiale in Monaco, and successfully launched at the Rijksmuseum in Amsterdam. Mr Pieter Bogaardt is also involved in the governance of AMADE Nederland as vice president.
Princess Caroline was accompanied by HE Gilles Tonelli, Ambassador for Monaco in Belgium, Luxembourg and The Netherlands, and by Mr Pieter Bogaardt. The gala event was dedicated to the worldwide campaign of UNHCR, “Time to Act”, in support of the Syrian refugee children, with the aim of preventing a lost generation and breaking the barriers of access to education and health care, as AMADE has made a commitment to join this campaign. By the end of October last an AMADE delegation was invited by UNHCR to visit Za’Atri, a Syrian Refugee camp in Jordan in presence of Mr Pieter Bogaardt, Mr Jerome Froissart, Mr Aldo Verbruggen.
After the speech of Mr Aldo Verbruggen, president of AMADE Nederland emphasizing the urge of acting now in supporting the Syrian refugee children and perfectly illustrating by what he has seen when visiting Za’atri, Mr Daniel Endres, Director External Relations UNHCR, explained the role of UNHCR in this terrible conflict, the Syrian refugee children can do nothing about.
Other high representatives of UNHCR and high level Dutch guests from the financial, industrial and art scene attended the gala event as well.
Princess Caroline and all guests had the opportunity to admire the highlights of the Rijksmuseum before diner in the magical setting of the Gallery of Honor facing Rembrandt’s Night Watch, enlivened by light classical music of a Dutch string trio, “Het Spieghel” and a great performance of “The 7 Tenors” of London. The gala event ended with an auction of high quality items, such as a signed tennis racket of Novak Djokovic, a bronze sculpture of Arman, a beautiful sculpture of the Dutch well known Kees Verkade, a weekend in the London Bulgari Hotel and a weekend at Plaza Athénée in Paris, a bag of Gucci and a beautiful art work of the world famous Marc Quinn, “Toposphere”, led by Jop Ubbens, auctioneer and director of Christie’s Amsterdam. Thanks to the guests offering high amounts for the items, the auction was very successful!
The major part of the revenue of the event will be donated for the benefit of the Syrian child refugees in the camps in Jordan The other part of the revenue will be donated to an educational project of the Rijksmuseum giving Dutch children a chance to see the Night Watch before the age of 12.
Charity is a never ending story. With the contribution of donators AMADE hopes to make the life of some children a little better. Find out more about AMADE and visit the website (www.amade-nederland.com, www.amade-mondiale.org).
December 1, 2014
Indonesian ambassador becomes Minister of Foreign Affairs
Indonesian ambassador to The Netherlands, becomes Minister of Foreign Affairs
By Anton Lutter.
Retno L.P Marsudi has been appointed the first female minister of Foreign Affairs in Indonesia’s history. President Widodo, popularly known as Jokowi, said Retno “works hard and is firm and visionary”. She was one of eight women in the new cabinet which was inaugurated in Jakarta on monday the 27th of october. Indonesia is world’s most populous Muslim-majority nation.
The new foreign minister said “pro-people” diplomacy would be the soul of Indonesia’s foreign policy, a shift in focus from former president Susilo Bambang Yudhoyono’s principle of a “thousand friends, zero enemies” — which was translated into the country’s increasing presence and roles in international forums.
Retno´s career as a diplomat started after she graduated from Gadjah Mada University’s international relations program in 1985 and joined the ministry’s diplomatic service. Later she became the ambassador to Norway and Iceland, in 2005-08. She then returned to Indonesia to continue her career in the ministry as Director General for America and Europe. In janauary 2012 she became ambassador to The Netherlands.
Multinational Corporations, Geopolitics and Business Diplomacy
Diplomacy and Foreign Affairs.
On 12 December, the Egmont Institute in Brussels will be the venue of a seminar on Multinational Corporations in a Geopolitically Dynamic World: How to Shape Business Diplomacy Competencies in Practice. The seminar is co-organized by the Clingendael Institute, Ghent University, and Windesheim University of Applied Sciences, and co-sponsored by Aramco Overseas Company.* It builds on the findings of a special issue on Business Diplomacy of The Hague Journal of Diplomacy (2014:4).
This seminar will bring together businessmen, other practitioners and experts to deepen the understanding of how MNCs can shape Business Diplomacy competencies. Geopolitical change demands a move away from a shareholders perspective to a stakeholders approach. Firms are no governments, but they need executives with skill sets similar to those of effective diplomats. By adopting a more ‘diplomatic mind set’, companies will be able to manage ever-expanding international geopolitical risks, safeguard profit-making and secure their existence in the long haul.
Participation is free of charge, but places are limited. Registration is required. Please write to: Jennifer.Kesteleyn@ugent.be.
Doing business in an Europen context
Interview with Mr. Nico Leerdam, Co-Chairman of the EIC
By Songul Arslan
The Hague is the diplomatic heart of the Netherlands. In addition, the city harbours countless NGOs and organizations that are related to international relations, cooperation and business development. An example of such an organization is the European Investment Council (EIC). The EIC is a non-profit organisation which has the mission to facilitate trade and investment opportunities for its members. They are specialized in lobbying, international relations and delegations.
Moreover, their focus is international trade relations worldwide, at the same time covering all related parties such as governments, organizations in the private sector and non-governmental organizations. With the focus on all institutions , the EIC is unique in connecting and arranging contacts, among others, through matchmaking. More specifically, the EIC helps companies throughout their investment process, from the moment of finding potential partners to promoting their businesses, from organizing seminars, meetings with senior government officials and their participation in investment missions and trade fairs. EIC’s support extends to assisting official economic and commercial delegations by providing the most suitable governmental and business environment. They do this through creating a setting that will help bridge the differences in culture, language, and standard practices.
The EIC is headed by a Board of Governors which is responsible for the realisation of the mission statement and the sound execution of the goals within acceptable financial limits. Diplomat Magazine interviewed Co-Chairman of the Board Mr. Nico Leerdam.
Mr. Nico Leerdam, can you explain in short what the EIC does? Our mission is to facilitate trade and investment opportunities for its members. This can apply to all industries that interested parties want to do business in. For instance, on the field of renewable energy we arrange deals with some countries on new energies and sustainable projects. We have organized clean technology seminars and “Doing business in greening economies” seminars. We assist Embassies and business partners in finding their way in the Netherlands and the regulations affecting them. For example EIC organised seminars in cooperation with the Dutch Ministry of Security and Justice on the Modern Migration Policy regarding business expatriates. This combination is not the first thing that comes to mind but because of our connections and experience, we can connect different fields and realise our mission.
What made you decide to join the EIC? In 2009 I was cooperating with a trade delegation, in partnership with the Ministry of Economic Affairs as project manager. The EIC has a unique selling point with helping out parties, in programming visits of delegations. I found it very fascinating. From then on, I got involved with more international projects and I decided to join the EIC.
What do you think is the greatest advantage of the EIC? Our colleagues engaged with the EIC, know how to share their experience and knowledge. Furthermore, they come from all imaginable areas and industries, not only the business sector or government sector which gives the EIC an edge.
What are its challenges?
The challenge is always to find relevant topics that will appeal to everybody without being too specific. There is a fine balance between a general appeal of a specific topic and each time we organise a seminar, we have to deal with it. The key is to find the right context.
In the context of international relations and diplomacy, where would you categorize the EIC? EIC is a connecting hub. We are connecting companies, governments, Embassies, NGOs, business institutions and individuals. We are the linking pin on various topics.
Can you tell us something about the EIC that most people don’t know? The network and the experts around the EIC are unique. For instance, some of our colleagues might be retired but their network and their knowledge is not, in fact, they are invaluable. Our team has a determination and passion which translates into the projects. Combining these, it results in high quality activities. Through this unique setting, we can get good results, even at the last minute. Are you comfortable with risk?
The Instituto de Empresa (IE), internationally recognized Business School, and The Asocación Española de Profesionales en Holanda (Spanish business club in the Netherlands) organize few days ago a joint event: “Entrepreneurship: an evolving mindset – from employee to entrepreneur”, in the prestigious Conservatorium Hotel in Amsterdam. Mr. Paris L’Etraz, renowned businessman internationally and a successful entrepreneur, led the conference. This one-time event attracted over 100 attendants.
During the conference Paris L’Etraz shared with the room the beginnings of his career. How he learned to embrace uncertainty, and how each very different job taught him something about himself, and developed his many passions.
L’Etraz followed his first dream into the finance world; he became the Managing Director M&A of UBS Investments Bank and the ABN-AMRO Bank. But after almost 20 years working in finance he discovered that he was no longer enthralled by it and he took the risky decision of becoming an entrepreneur.
His life as an entrepreneur saw him build several startups, some successful others not so much. Again after several years of living in the startup world he decided to make another change and became a Professor at the IE Business School.
The conference concluded with the presentation of the research L’Etraz is undertaking at the IE and Berkley University. L’Etraz is studying the relationship between risk/uncertainty in our professional lives and our personal lives. They found that more successful entrepreneurs are very comfortable with uncertainty and risk in their work lives, but prefer a more stable and predictable personal life.
The talk was followed by complementary cocktails and nibbles. The attendants had the chance to mingle amongst each other, make new connections and discuss L’Etraz’s inspiring talk. What more could you ask for?