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In 2009 it was ten years since the adoption of the Second Protocol
to the 1954 Hague Convention for the Protection of Cultural
Property in the Event of an Armed Conflict. To celebrate this
anniversary, a variety of contributions, focussing on the legal and
cultural aspects of the Protocol are presented by Van Woudenberg
and Lijnzaad. The innovative aspects of the Second Protocol such as
enhanced protection, criminal responsibility and jurisdiction, and
the protection of cultural property in armed conflicts not of an
international character are addressed. Some country-specific
studies are included. It is hoped that this publication will
inspire States to accede to the Protocol and that it will serve as
a source of inspiration to legal advisers, military personnel and
cultural property experts.
The work of legal practitioners in the field of international law,
particularly when working in a ministry of foreign affairs, takes
place at the crossroads of international relations and
international law. The legal advisers of ministries of foreign
affairs provide advice on the content of international law, and how
it should be interpreted and applied in a particular situation.
Since Johan Lammers became Legal Adviser, the Netherlands - quite
unexpectedly - was increasingly facing situations in which it would
become involved in litigation concerning international law. The
first essays in this collection deal with actual or potential
interstate disputes involving the Netherlands before international
courts and arbitral tribunals, followed by articles with respect to
international courts and other international bodies before which
individuals may appear as applicant or defendant. The final set of
essays deal with the increasing number of cases in which
international law is invoked in national court proceedings. This
work provides insight into the role of the international legal
practitioners working for the government of the Netherlands and
should be of particular interest to their colleagues in other
foreign ministries and other lawyers interested in a reflection on
the law in action.
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