scholarly journals Online Hearings in Proceedings before International Commercial Courts

2021 ◽  
Vol 30 ◽  
pp. 49-58
Author(s):  
Selina Domhan
Keyword(s):  
The Netherlands ◽  
Communication Technologies ◽  
England And Wales ◽  
Cross Border ◽  
Commercial Courts

The paper presents analysis of the use of online hearings in proceedings before international commercial courts. International commercial courts are not a new phenomenon, with the Commercial Court of England and Wales having been established in London already in 1895. What is new is the increased prominence of such courts over the last six years. The article focuses on three jurisdictions in Europe: Germany, France, and the Netherlands. The author examines to what extent communication technologies are being used in proceedings before international commercial courts in Europe and also whether – and, if so, how – the COVID 19 pandemic has affected this. The overall finding is that there has been increased demand for video hearings since the beginning of the pandemic, if not earlier. The article is focused primarily on cross-border taking of evidence by means of videoconferencing. In this context, it highlights the changes in the recast of the Taking of Evidence Regulation. The author concludes that the commercial courts presented will most likely not benefit from the recast.

Interacting Legal Norms and Cross-Border Divorce: Stories of Filipino Migrant Women in the Netherlands

2019 ◽  
Vol 16 (4) ◽  
pp. 521-529
Author(s):  
Asuncion Fresnoza-Flot
Keyword(s):  
The Netherlands ◽  
The Philippines ◽  
Migrant Women ◽  
Structured Interviews ◽  
Legal Norms ◽  
Global Migration ◽  
Cross Border ◽  
Filipino Women ◽  
Transnational Social Spaces ◽  
Filipino Migrants

The Philippines is one of only two states in the world in which absolute divorce remains largely impossible. Through its family laws, it regulates the marriage, family life and conjugal separation of its citizens, including its migrants abroad. To find out how these family laws interact with those in the receiving country of Filipino migrants and shape their lives, the present paper examines the case of Filipino women who experienced or are undergoing divorce in the Netherlands. Drawing from semi-structured interviews and an analysis of selected divorce stories, it unveils the intertwined institutions of marriage and of divorce, the constraints but also possibilities that interacting legal norms bring in the life of Filipino women, and the way these migrants navigate such norms within their transnational social spaces. These findings contribute interesting insights into cross-border divorces in the present age of global migration.

scholarly journals The Resolution of International Commercial Disputes – What Role (if any) for Continental Europe?

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 11-16
Author(s):  
Giesela Rühl
Keyword(s):  
The Netherlands ◽  
Dispute Settlement ◽  
Middle Eastern ◽  
National Level ◽  
High Volume ◽  
Radical Change ◽  
The Past ◽  
The World ◽  
Traditional Market ◽  
Commercial Courts

The past sixteen years have witnessed the proliferation of international commercial courts around the world. However, up until recently, this was largely an Asian and a Middle Eastern phenomenon. Only during the past decade have Continental European countries, notably Germany, France and the Netherlands, joined the bandwagon and started to create new judicial bodies for international commercial cases. Driven by the desire to attract high-volume commercial litigation, these bodies try to offer international businesses a better dispute settlement framework. But what are their chances of success? Will more international litigants decide to settle their disputes in these countries? In this essay, I argue that, despite its recently displayed activism, Continental Europe lags behind on international commercial courts. In fact, although the various European initiatives are laudable, most cannot compete with the traditional market leaders, especially the London Commercial Court, or with new rivals in Asia and the Middle East. If Continental Europe wants a role in the international litigation market, it must embrace more radical change. And this change will most likely have to happen on the European––not the national––level.

scholarly journals COVID-19: first long-term care facility outbreak in the Netherlands following cross-border introduction from Germany, March 2020

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Mitch van Hensbergen ◽  
Casper D. J. den Heijer ◽  
Petra Wolffs ◽  
Volker Hackert ◽  
Henriëtte L. G. ter Waarbeek ◽  
...  
Keyword(s):  
The Netherlands ◽  
Long Term Care ◽  
Care Facility ◽  
Control Measures ◽  
Border Region ◽  
Term Care ◽  
Term Care Facility ◽  
Long Term Care Facility ◽  
Cross Border

Abstract Background The Dutch province of Limburg borders the German district of Heinsberg, which had a large cluster of COVID-19 cases linked to local carnival activities before any cases were reported in the Netherlands. However, Heinsberg was not included as an area reporting local or community transmission per the national case definition at the time. In early March, two residents from a long-term care facility (LTCF) in Sittard, a Dutch town located in close vicinity to the district of Heinsberg, tested positive for COVID-19. In this study we aimed to determine whether cross-border introduction of the virus took place by analysing the LTCF outbreak in Sittard, both epidemiologically and microbiologically. Methods Surveys and semi-structured oral interviews were conducted with all present LTCF residents by health care workers during regular points of care for information on new or unusual signs and symptoms of disease. Both throat and nasopharyngeal swabs were taken from residents suspect of COVID-19, based on regional criteria, for the detection of SARS-CoV-2 by Real-time Polymerase Chain Reaction. Additionally, whole genome sequencing was performed using a SARS-CoV-2 specific amplicon-based Nanopore sequencing approach. Moreover, twelve random residents were sampled for possible asymptomatic infections. Results Out of 99 residents, 46 got tested for COVID-19. Out of the 46 tested residents, nineteen (41%) tested positive for COVID-19, including 3 asymptomatic residents. CT-values for asymptomatic residents seemed higher compared to symptomatic residents. Eleven samples were sequenced, along with three random samples from COVID-19 patients hospitalized in the regional hospital at the time of the LTCF outbreak. All samples were linked to COVID-19 cases from the cross-border region of Heinsberg, Germany. Conclusions Sequencing combined with epidemiological data was able to virtually prove cross-border transmission at the start of the Dutch COVID-19 epidemic. Our results highlight the need for cross-border collaboration and adjustment of national policy to emerging region-specific needs along borders in order to establish coordinated implementation of infection control measures to limit the spread of COVID-19.

The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine

2021 ◽  
Vol 29 (3-4) ◽  
pp. 189-217
Author(s):  
Johannes Keiler ◽  
André Klip
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Member States ◽  
Cross Border ◽  
Criminal Justice Systems ◽  
Alternative Measures ◽  
The Cross ◽  
Preliminary Phase ◽  
Country Specific

Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.

scholarly journals Cross Border Comparison of MRSA Bacteraemia between The Netherlands and North Rhine-Westphalia (Germany): A Cross-Sectional Study

PLoS ONE ◽  
2012 ◽  
Vol 7 (8) ◽  
pp. e42787 ◽  
Author(s):  
Brigitte A. G. L. van Cleef ◽  
Jan A. J. W. Kluytmans ◽  
Birgit H. B. van Benthem ◽  
Anja Haenen ◽  
Jos Monen ◽  
...  
Keyword(s):  
The Netherlands ◽  
Cross Sectional Study ◽  
Sectional Study ◽  
Cross Sectional ◽  
Cross Border

scholarly journals The problematic scope of extended confiscation in comparative perspective

2019 ◽  
Vol 52 ◽  
pp. 119-133
Author(s):  
Ariadna H. Ochnio
Keyword(s):  
European Union ◽  
The Netherlands ◽  
Criminal Law ◽  
European Parliament ◽  
Comparative Perspective ◽  
Eu Law ◽  
The European Union ◽  
England And Wales ◽  
Normative Framework ◽  
Proceeds Of Crime

The scope of extended confiscation is determined, inter alia, by the choice of triggering offences in Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. The question arises whether EU law guarantees appropriate limits of extended confiscation considering its specificity and the growing range of application in national legal orders. The study compared the normative framework of extended confiscation adopted in the criminal law of Poland, Romania, Germany, Austria, France, Spain, Finland, the Netherlands, and England and Wales. The list of offences, relevant for the scope of extended confiscation, is to be assessed by the Commission by 4 October 2019. The conclusions of the study concern the need to introduce, at the level of EU law, adequate safeguards against the disproportionate application of extended confiscation.

Research for Substantiation to Upscale Bio-Based Materials in the Construction Industry

2022 ◽  
Author(s):  
Fred van der Burgh ◽  
Sissy Verspeek
Keyword(s):  
The Netherlands ◽  
Construction Industry ◽  
Building Construction ◽  
Cross Border ◽  
The Social ◽  
Technical Issues

The building construction industry is slowly adopting bio-based materials. To accelerate this process, it is necessary to gain more proven data about technical issues. This should also fit in the social-economical and juridical context of the construction industry. In this paper we will highlight the main drivers and research that is going on in the Netherlands. Including a cross border project that works on this topic.

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