Legal Reasoning and Euro 2008

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By Otto Spijkers

 

The first goal in the match between the Netherlands and Italy has triggered a lot of debate on the ‘legality’ of the goal. Was it according to the rules? The referee, who has the ultimate authority to apply the rules, decided to count the goal. But was that a correct decision? On the website of the BBC, the case is hotly debated, with over a 1000 comments attracted thus far. This is a summary of the facts of the case:

A Dutch player (Ruud van Nistelrooy) stands in front of the goal. He receives the ball from a fellow Dutchman who is further away from the goal line than van Nistelrooy at the time of passing, and van Nistelrooy then kicks the ball in the net. At that moment, there is no Italian defender between him and the keeper (see picture). Just behind the goal you can see an Italian defender, Christian Panucci, who seems injured at the time the goal is scored.

The applicable law is Rule 11 of the Laws of the Game 2007/2008. It states, as far as relevant:

Offside Position

A player is in an offside position if:
– he is nearer to his opponents’ goal line than both the ball and the second last opponent
A player is not in an offside position if:
– he is in his own half of the field of play or
– he is level with the second last opponent or
– he is level with the last two opponents.

When we wish to apply the law to the situation, we need first to look at the law itself and interpret it by using the textual method of interpretation, and, if that doesn’t solve the problem, we look at relevant case law, i.e. similar situations in the past, and authoritative interpretations of those situations. Continue reading

Speaking of conferences: Second Global International Studies Conference

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By Otto Spijkers

 

My fellow-blogger just introduced us to what indeed seems a wonderful conference on International Law and Armed Conflict. This gave me the idea also to advertise for a conference where I will be presenting my research: the Second Global International Studies Conference in Ljubljana, Slovenia. Continue reading

Dutch District Court to decide on immunity of United Nations in genocide case

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By Otto Spijkers

 

A year ago, the Mothers of Srebrenica, 6.000 surviving relatives of those killed in the Srebrenica genocide, went to the District Court in The Hague to demand reparations for damages that resulted from the failure of both the Netherlands and the United Nations to prevent the genocide and save the lives of more than 7.000 relatives. On 18 June 2008, there will be a first hearing in this case. The issue that will be considered that day is whether the United Nations can claim immunity. Continue reading

A poem to commemorate those who went and died for our freedom

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By Otto Spijkers

 

Today, we celebrate our freedom in the Netherlands. 5 May was chosen because it marks the end of the German occupation of the Netherlands during the Second World War, but it is really a day to celebrate our freedom in general. Yesterday evening, we commemorated those who fought and died, in the Second World War and thereafter (in missions overseas, including UN Peacekeeping Missions), so that we can now enjoy this freedom. This Remembrance of the Dead is held annually on May 4. Each year, at 8 o’clock in the evening of May 4, the entire country is silent for two minutes. The main ceremony is held at Dam Square, Amsterdam (see picture). This ceremony mainly consists in the laying of wreathes in front of the National Monument on Dam Square, in commemoration of the dead. Also, the winner of a high school poetry-competition reads his or her winning poem on the square, just after the entire nation observed two minutes of silence. The poem is meant to commemorate those who went, fought and died for our freedom. This year the winner was Bahar Azizi, an 18 year old Dutch girl born in Afghanistan. I liked the poem so much that I made an attempt to translate this Dutch poem into English. So here it goes: Continue reading

Equitable Geographic Representation and United Nations Regional Groups

 

By Otto Spijkers

 

ecosoc_background_clip_image002.jpgThe issue of equitable geographic representation at the various organs and bodies of the United Nations is always topical, so I guess it deserves a blog post even though I have no recent development relating to this issue to address specifically. It is an interesting topic, both for politicians and for those who like to work with statistics and calculators. The end-result of any application of the principle of equitable geographic representation, I guess, is always based on both cold calculation and hot politics. For a UN report on the issue, see here. So let’s look at some examples where we can apply the principle… Continue reading

Pope embraces Responsibility to Protect

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By Otto Spijkers

 

Whenever someone embraces the responsibility to protect at the UN General Assembly, I think it is worth mentioning. Yesterday it was the Pope who embraced that concept. Even though it may seem a modern idea, this ‘responsibility to protect’, it has in fact always been with the United Nations in some form, although it hasn’t always been as popular as it is presently. In this post, I will give a very brief overview of the most important formulations of this principle in the period between 1944 and today. Continue reading

Follow-up on Fitna

 

By Otto Spijkers

 

Fitnasite_107723p.jpgThe Dutch Member of Parliament, Mr. Geert Wilders, published his Fitna-film (see also my previous post ). Somewhat surprisingly, the two most effective objections to the movie so far were made, not against the message of the movie, but rather against the unauthorized use in that movie of other people’s material. First, the author of a cartoon ordered Wilders to remove footage of his cartoon from the film (which was done), and today a rapper was awarded financial compensation, to be paid by Mr. Wilders, for immaterial damages caused by the use of a picture of the rapper posing as the murderer of Van Gogh. This picture was presented in Fitna as a picture of that murderer. Mr. Wilders used that picture without the photographer’s permission, and thus Mr. Wilders also had to pay that photographer. But I want to focus on the message of Fitna, not the copyright stuff. More specifically, I want to share with our readers the reaction of our Minister for Development Cooperation. On 11 April, Mr. Bert Koenders, our Minister for Development Cooperation, visited the Brookings Institution in the United States of America, and presented there a Dutch perspective on freedom, religion and democracy in the age of the 24/7 news cycle, addressing also the Fitna-movie and the responses it triggered all over the world. I believe the speech is really interesting, and that is why I would like to share with our readers the most interesting parts. It starts as follows: Continue reading

Part II of What’s going on at the United Nations Delegates Lounge?

 

By Otto Spijkers

 

As I mentioned in an earlier post, each Friday some of the interns at United Nations Headquarters used to go to the delegates lounge after work to have a drink or two and make plans for the weekend. It appears that those days are over; not just for me (I left UN Headquarters on 28 March 2008), but also for future generations of UN interns. In this post, which will be my last post about the UN Headquarters internship programme, I will share with the reader the reasons given by the United Nations for no longer allowing the UN interns access to the Delegates Lounge, which was one of the privileges the intern-community greatly enjoyed. Continue reading

Fitna, the movie

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By Otto Spijkers

 

Geert Wilders, the leader of the Dutch opposition party called Partij voor de Vrijheid (Party for Freedom) plans to release a short film (15 minutes) warning about the Islamization of the Netherlands and about the supposedly violent character of Islam in general. The video, which will be released at the end of this month, has already been the talk of the town for months. The Dutch government has tried to persuade Wilders not to make or show his movie, fearing reprisals from parts of the Muslim world, aimed not only against Wilders but against the entire Dutch country and its people, including those living and working abroad. In fact, a national security strategy was drafted by the Dutch government especially for this film, indicating the measures to be taken in case Dutch embassies would be under threat etc. etc. Continue reading

Why the internship at UN Headquarters should be (un)paid

 

By Otto Spijkers

 

Every spring, summer, and fall, around 200 students come to UN Headquarters to do an internship there. I guess that with each season, and each session, the same question comes up at some point: namely, whether the United Nations – or someone else – should pay for the expenses etc. of the interns that come to New York. At the moment, the United Nations does not pay for anything (the website refers to some opportunities for financial aid, but those are outside the UN family, and the UN does not assist in obtaining that financial aid). In fact, interns even have to find their own accomodation, which can be quite difficult if you know nobody in New York (some interns use craigslist, others end up, at least for the first few weeks, in a youth hostel or YMCA). It is obvious, when you look at the intern community, that the ‘unpaidness’ of the internship causes the European nations to be overrepresented (especially Germany, but that may be true for ‘my’ session (Spring 2008) only). There aren’t that many Americans, Australians, and Canadians here. Those interns that come from lesser developed nations (a terrible expression, but I do not know a better one), have all – as far as I am aware – studied, or are currently studying, in European or North-American universities. In this post, I would like to list a few arguments/points that were made when we discussed this issue of payment among the interns. I do not share all those; in fact, I may disagree with most of them. Continue reading