Chapter

Netherlands

Evert A. Alkema

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0016
Netherlands

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The attitude vis-à-vis international law in the Netherlands can be characterized by a relative openness of the written and unwritten constitution towards international law. In doctrine, the system in the Netherlands has been qualified as moderately monistic. In a recent summary of present-day state practice the government has endorsed this view. It explained that term by pointing to the fact that the Constitution sets some conditions for the internal effect of international law, such as parliamentary approval and official publication, and does not treat all sources of international law equally. Further, a typical development in foreign relations has been ‘democratization’. Parliamentary approval has increasingly become a precondition for the internal effect of international treaties. The last two centuries have seen an extension of the categories of treaties subject to such approval at the expense of the powers of the King and the executive.

Keywords: Dutch law; customary international law; constitutional law; human rights; treaties; parliamentary approval

Chapter.  10997 words. 

Subjects: Public International Law

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