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In a relatively short time the concept of \"sustainable development\" has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: \"development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs\". This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries).The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l'évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l'intégration du concept de développement durable dans tous les domaines pertinents du droit international.

Protagonists of global environmental governance often view the sovereign State as well as the principle of sovereignty as major stumbling blocks for effective environmental conservation and sustainable development. Some even herald the demise of the idea of the sovereign State. However, reality has it differently. Sovereignty is no longer an unqualified concept. Manifold new duties have been imposed upon the sovereign State as a result of the progressive development of international law. Much of the modern international law movement vests States with the responsibility to adopt regulations, to monitor and secure compliance and exercise justice in order to achieve its implementation, whereas supranational global environmental governance has remained notoriously weak. This article examines this proposition by reference to the environmental and developmental role of states in three landmark multilateral treaties: The United Nations Law of the Sea Convention (1982), the Convention on the Conservation of Biological Diversity (1992) and the Paris Agreement on climate change (2015). They demonstrate that sovereignty serves as a key organisational principle for the realization of global values, such as environmental conservation and sustainable development.

This article reviews Dutch contributions to international law and focuses on the last 100 years to mark the centenary of the Netherlands Society of International Law. It poses the question whether this is a missionary burden, resulting from the constitutional duty incumbent upon the Dutch government to ‘promote the development of the international legal order’, or enlightened self-interest on the part of the Netherlands. The article briefly recalls the two Hague Peace Conferences of 1899 and 1907 and Dutch initiatives for a third that had been planned for 1915 at a time when the Dutch pursued a policy of neutrality. It also reviews some Dutch initiatives in the context of the League of Nations and Dutch policy during the San Francisco Conference that established the United Nations in 1945. The German occupation and membership of the United Nations marked the real end of the Dutch policy of neutrality. From the outset, the Netherlands became an active participant in nearly all principal fields of the United Nations' activity. The article highlights a number of Dutch international law initiatives in the fields of human rights, development, peace and security, international humanitarian law, and the peaceful settlement of international disputes. It concludes with final observations on the preoccupation of the Netherlands with international law.

Anlässlich des fünfzigjährigen Bestehens der beiden ersten völkerrechtlich bindenden UN-Menschenrechtspakte zieht der Beitrag Bilanz und skizziert zukünftige Herausforderungen. Die Entstehung der ersten Menschenrechtspakte ist im Kontext des Kalten Krieges zu sehen. Inzwischen sind zahlreiche Übereinkommen zum Menschenrechtsschutz und internationale Überprüfungsinstrumente verabschiedet worden, deren Struktur und Verfahren in kleinen Schritten reformiert werden müssen. Das Ziel ist ein einziges Vertragsorgan mit einem robusten Überwachungsmechanismus. To mark the fiftieth anniversary of the two first binding UN Human Rights Covenants, the author assesses the Covenants and outlines future challenges they may face with respect to implementation. The emergence of the Covenants must be seen in the context of the Cold War. The proliferation of human rights treaties and supervisory mechanisms has led to duplication and fragmentation. Since bold reform initiatives are bound to fail, there is a need for a step-by-step reform of their structure and procedures. The ultimate aim is to create one single unified treaty body with a robust monitoring mechanism.

On 12 January 2010, the Dutch Committee of Inquiry into the War in Iraq presented its report to Prime Minister Jan-Peter Balkenende and provided copies to both houses of Parliament. The Committee (also known as the Davids Committee after its chairperson) had been established by the Dutch cabinet on 6 March 2009 to conduct an independent inquiry into the decision-making process leading to Dutch political (but not military) support of the US/UK invasion in Iraq in 2003, and into aspects of international law, intelligence and information gathering as well as alleged Dutch military involvement in Iraq. This article first provides a brief review of the terms of reference of the Committee, its working methods and the main conclusions of its report. It also discusses the similarities and differences between the Dutch Inquiry and the UK Chilcot Inquiry and examines the Committee’s analysis of international law in relation to the military intervention in Iraq. Second, it describes how the Committee examined the discussions and the formation of standpoints within the key ministries of foreign affairs and defence and the Dutch cabinet, as well as the parliamentary debates that took place in the Lower House and to a lesser extent in the Upper House. Third, it discusses some lessons learned in the context of Dutch policy. Lastly, it summarises the main findings of the Committee with respect to the basis in international law for the military intervention.

In a relatively short time the concept of \"sustainable development\" has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: \"development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs\". This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver.

Immunity for international organizations and their staff, while long considered necessary to their functioning, has fallen under scrutiny and criticism in practice. These contributions, originally prepared for a conference held at Leiden University in June 2013, are re-published here in celebration of the 10th anniversary of the International Organizations Law Review.

Few events have influenced our global order as intensely as the events of September 11, 2001. At various levels in the past ten years, persistent attempts have been made to address the threat of terrorism, yet there is still urgent need for a joint and coherent application of a variety of regulations relating to international criminal justice co-operation, the use of force and international human rights law. In an important contribution to international discourse, Larissa van den Herik and Nico Schrijver examine the relationship between different branches of international law and their applicability to the problem of terrorism and counter-terrorism. Using a unique combination of academic perspectives, practitioners' insights and a comprehensive three-part approach, Counter-terrorism Strategies in a Fragmented International Legal Order offers sound policy recommendations alongside thorough analysis of the state of international law regarding terrorism and provides fresh insights against the backdrop of recent practice.

'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.