Pays-Bas

Declaration:

“The Kingdom of the Netherlands, for the European part of the Netherlands, declares in accordance with Article 14, paragraph 2, of the United Nations Framework Convention on Climate Change in conjunction with Article 24 of the Paris Agreement, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

Declaration:

“The Kingdom of the Netherlands declares, in accordance with Article 25, paragraph 2, of the Minamata Convention on Mercury, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

Declarations:

“The Kingdom of the Netherlands interprets the Convention as not precluding the possibility of restricting State immunity in case of war crimes or crimes of aggression as recognized by the international community and in accordance with international law.
Recalling, inter alia, resolution 59/38 adopted by the General Assembly of the United Nations on 2 December 2004, in which the General Assembly took into account, when adopting the Convention, the statement of 25 October 2004 of the Chairman of the Ad Hoc Committee on Jurisdictional Immunities of States and Their Property introducing the Committee’s report, the Kingdom of the Netherlands expresses its understanding that the Convention does not apply to military activities, including the activities of armed forces during an armed conflict, as those terms are understood under international humanitarian law, and activities undertaken by military forces of a State in the exercise of their official duties. Such activities remain subject to other rules of international law.”
Reservation:

“The Kingdom of the Netherlands accepts the provisions of article 18 of the Convention subject to the reservation that the conditions laid down in article 19, subparagraph (c) of the Convention regarding post-judgment measures of constraint also apply to pre-judgment measures of constraint against property of a State. Pre-judgment measures of constraint may be taken if it has been established that the property is specifically in use or intended for use by the State for other than government non-commercial purposes and is in the territory of the State of the forum, provided that pre-judgment measures of constraint may only be taken against property that has a connection with the entity against which the dispute was directed.”

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 2 of Article 18 of the Convention on Persistent Organic Pollutants, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

Declaration:

"With reference to Article 14, paragraph 3, sub b, of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways, the kingdom of the Netherlands declares that the implementation of the Agreement on the Rhine, Waal and Lek is subject to compliance with the procedures set out in the statutes of the Central Commission for the Navigation of the Rhine."

Declaration:

"... in accordance with Article 3, paragraph 2, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (New York, 25 May 2000), the Government of the Kingdom of the Netherlands declares that the minimum age at which the legislation in the Netherlands permits voluntary recruitment into its national Armed Forces for both soldiers and commissioned or non-commissioned officers, remains eighteen years. However, persons that have reached the age of seventeen years, may on a strictly voluntary basis be recruited as military personnel in probation.
The relevant legislation in the Netherlands provides the following safeguards to ensure that such recruitment of persons under the age of eighteen years is not forced or coerced:
1. Appointment of such persons under the age of 18 years as a member of the armed forces in probation is only permitted with written consent of the parents of this person.
2. When the age of eighteen years has been reached, the member of the armed forces on probation can only become a regular soldier after having given written consent to this effect.
Moreover, the Law on Military Personnel 1931 ensures that a person under the age of eighteen years will not participate in an armed conflict, providing in particular that members of the armed forces on probation will not be tasked with peacekeeping or humanitarian missions, or any other form of armed service.
The above does not apply to the Netherlands Antilles and Aruba. The relevant legislation in the Netherlands Antilles and in Aruba sets the minimum age for joining the military service and other armed forces at 18 years. Furthermore, voluntary recruitment does not exist in the Netherlands Antilles [and] Aruba.”
11 October 2010

In a communication dated 29 September 2010, the Government of the Kingdom of the Netherlands informed the Secretary-General of the following:
"The [Optional Protocol is] extended to the Caribbean part of the Netherlands (Bonaire, Sint Eustatius and
Saba) as per 10 October 2010"

Declaration:

"The Kingdom of the Netherlands understands Article 10, paragraph 1, of the International Convention for the Suppression of the Financing of Terrorism to include the right of the competent judicial authorities to decide not to prosecute a person alleged to have committed such an offence, if, in the opinion of the competent judicial authorities grave considerations of procedural law indicate that effective prosecution will be impossible."
1 May 2002

With regard to the reservations made by the Democratic People’s Republic of Korea upon signature:

"The Government of the Kingdom of the Netherlands has examined the reservations made by the Government of the Democratic People's Republic of Korea regarding article 2, paragraph 1 (a), and article 14 of the International Convention for the suppression of the financing of terrorism made at the time of its signature of the said Convention.
The Government of the Kingdom of the Netherlands considers that the reservations made by the Democratic People's Republic of Korea regarding article 2, paragraph 1 (a), and article 14 of the Convention are reservations incompatible with the object and purpose of the Convention.
The Government of the Kingdom of the Netherlands recalls that, according to Article 19 (c) of the Vienna Convention on the law of treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.
It is in the common interest of States that treaties to which they have chosen to become party are respected, as to their object and purpose, by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservations made by the Government of the Democratic People's Republic of Korea to the International Convention for the suppression of the financing of terrorism.
This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and the Democratic People's Republic of Korea."
21 April 2004

With regard to the declaration made by Jordan upon ratification:

".....the Government of the Kingdom of the Netherlands has examined the Declaration relating to paragraph 1 (b) of Article 2 of the International Convention for the Suppression of the Financing of Teorism made by the Government of Jordan at the time of its ratification of the Convention. The Government of the Kingdom of the Netherlands considers that the declaration made by Jordan is in fact a reservation that seeks to limit the scope of the Convention on a unilateral basis and which is contrary to its object and purpose, namely the suppression of the financing of terrorist acts, irrespective of where they take place or who carries them out.
The Government of the Kingdom of the Netherlands further considers the Declaration to be contrary to the terms of Article 6 of the Convention, according to which States Parties commit themselves to "adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature".
The Government of the Kingdom of the Netherlands recalls that, according to Article 19 (c) of the Vienna Convention on the Law of Treaties, a reservation incompatible with the object and purpose of the Convention shall not be permitted.
It is in the common interest of the States that treaties to which they have chosen to become party are respected, as to their object and purpose, by all parties and that States are prepared to undertake any legislative changes necessary to comply with their obligations under the treaties.
The Government of the Kingdom of the Netherlands therefore objects to the aforesaid reservation made by the Government of Jordan to the International Convention for the Suppression of the Financing of Terrorism. This objection shall not preclude the entry into force of the Convention between the Kingdom of the Netherlands and Jordan."
20 May 2005

With regard to the reservation made by Belgium upon ratification:

"The Government of the Kingdom of the Netherlands has examined the reservation made by the Government of Belgium regarding Article 14 of the International Convention for the suppression of the financing of terrorism made at the time of its ratification of the Convention.
The Government of the Kingdom of the Netherlands notes that the reservation made by the Government of Belgium is expressed to apply only "in exceptional circumstances"and that, notwithstanding the application of the reservation, Belgium continues to be bound by the general legal principle of aut dedere aut judicare. The Government of the Kingdom of the Netherlands further notes that the exceptional circumstances that are envisaged in paragraph 1 of the reservation made by the Government of Belgium are not specified in the reservation.
The Government of the Kingdom of the Netherlands considers the offences set forth in Article 2 of the Convention to be of such grave nature, that the provisions of Article 14 should apply in all circumstances.
Furthermore the Government of the Kingdom of the Netherlands recalls the principle that claims of political motivation must not be recognised as grounds for refusing requests for the extradition of alleged terrorists.
The Government of the Kingdom of the Netherlands therefore objects to the reservation made by the Government of Belgium to the International Convention for the suppression of the financing of terrorism.
This objection shall not preclude the entry into force of the Convention between Belgium and the Kingdom of the Netherlands, without Belgium benefiting from its reservation."
30 August 2005

With regard to the explanatory declaration made by Egypt upon ratification:

"The Government of the Kingdom of the Netherlands has carefully examined the declaration made by the Arab Republic of Egypt to the International Convention for the Suppression of the Financing of Terrorism upon ratification of the Convention relating to Article 2 paragraph 1 (b) thereof. It is of the opinion that this declaration amounts to a reservation, since its purpose is to unilaterally limit the scope of the Convention. The Government of the Kingdom of the Netherlands is furthermore of the opinion that the declaration is in contradiction to the object and purpose of the Convention, in particular the object of suppressing the financing of terrorist acts wherever and by whomever they may be committed.
The declaration is further contrary to the terms of Article 6 of the Convention, according to which States Parties commit themselves to adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature.
The Government of the Kingdom of the Netherlands recalls that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible with the object and purpose of a convention are not permissible.
The Government of the Kingdom of the Netherlands therefore objects tothe above-mentioned declaration by the Arab Republic of Egypt to the International Convention for the Suppression of the Financing of Terrorism. This objection shall not preclude the entry into force of the Convention as between the Kingdom of the Netherlands and the Arab Republic of Egypt."
With regard to the reservation made by the Syrian Arab Republic upon accession:

"The Government of the Kingdom of the Netherlands has carefully examined the reservation made by the Syrian Arab Republic to the International Convention for the Suppression of the Financing of Terrorism upon accession to the Convention relating to Article 2 paragraph 1 (b) thereof. It is of the opinion that this reservation unilaterally limits the scope of the Convention and is in contradiction to the object and purpose of the Convention, in particular the object of suppressing the financing of terrorist acts wherever and by whomever they may be committed.
The reservation is further contrary to the terms of Article 6 of the Convention, according to which States Parties commit themselves to adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justifiable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature.
The Government of the Kingdom of the Netherlands recalls that, according to customary international law as codified in the Vienna Convention on the Law of Treaties, reservations that are incompatible with the object and purpose of a convention are not permissible.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned reservation by the Syrian Arab Republicto the International Convention for the Suppression of the Financing of Terrorism. This objection shall not preclude the entry into force of the Convention as between the Kingdom of the Netherlands and the Syrian Arab Republic."
25 August 2006

With regard to the understanding made by Bangladesh upon accession:

"The Government of the Kingdom of the Netherlands has examined the declaration made by the Government of the People's Republic of Bangladesh upon accession to the International Convention for the Suppression of the Financing of Terrorism. The People's Republic of Bangladesh has declared that its accession to the Convention shall not be deemed to be inconsistent with its international obligations under the Constitution of the country. The Government of the Kingdom of the Netherlands is of the opinion that this declaration raises questions as to which obligations the People's Republic of Bangladesh intends to give precedence to in the event of any inconsistency between the Convention and its Constitution. Declarations that leave it uncertain to what extent a State consents to be bound by its contractual obligations are in the opinion of the Government of the Kingdom of the Netherlands to be treated, in effect, as general reservations, which are not compatible with the object and purpose of a Convention.
The Government of the Kingdom of the Netherlands therefore objects to the above-mentioned declaration made by the Government of the People's Republic of Bangladesh to the International Convention for the Suppression of the Financing of Terrorism. This objection shall not preclude the entry into force of the Convention as between the Kingdom of the Netherlands and the People's Republic of Bangladesh."

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 2 of Article 11 of the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 2 of Article 20 of the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 2 of Article 16 of the United Nations Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 2 of Article 12 of the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 2 of Article 11 of the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

Declaration:

"The Kingdom of the Netherlands understands Article 8, paragraph 1, of the International Convention for the Suppression of Terrorist Bombings to include the right of the competent judicial authorities to decide not to prosecute a person alleged to have committed such an offence, if, in the opinion of the competent judicial authorities grave considerations of procedural law indicate that effective prosecution will be impossible."

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 10 of Article 33 of the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

Upon signature:

Declaration in respect of article 47:

Upon signing the Agreement the Netherlands recalls that, as a Member State of the European Community, it has transferred competence to the Community with respect to certain matters governed by the Agreement. A detailed declaration on the nature and extent of the competence transferred to the European Community has been made by the European Community on the occasion of its signature of the Agreement, in accordance with article 47 of the Agreement.
Interpretative declarations made upon signature of the Agreement:

[Same interpretative declarations, mutatis mutandis, as those made under European Community.]
Upon ratification:

Declarations:

"The Government of the Kingdom of the Netherlands recalls that as a member of the European Community it has transferred competence to the Community in respect of certain matters governed by the Agreement.
... the Government of the Kingdom of the Netherlands [confirms] the declarations1 made by the European Community upon ratification of the Agreement for the Implementing of the Provisions of the United Nations Convention on the Law of Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and Highly Migratory Fish Stocks. In this respect, ... [the Government of the Kingdom of the Netherlands confirms] the declarations1 made by the European Community upon ratification of the Agreement for the Implementing of the Provisions of the United Nations Convention on the Law of Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
[See declarations under “European Community”.]

Declaration:

"The Kingdom of the Netherlands understands Article 14 of the Convention on the Safety of United Nations and Associated Personnel states that the competent national authorities must decide on a case submitted to them in accordance with national law and in the same manner as they would decide on ordinary offences of a grave nature. Consequently, the Kingdom of the Netherlands understands this provision to include the right of its competent judicial authorities to decide not to prosecute a person alleged to have committed a crime as referred to in Article 9, paragraph 1, if, in the opinion of the competent judicial authorities, grave considerations of procedural law indicate that effective prosecution would be possible."

Declaration:

"The Kingdom of the Netherlands declares, in accordance with paragraph 2 of article 28 of [the said Convention] that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both of these means of dispute settlement."

Declaration:

"The Kingdom of the Netherlands declares, in accordance with paragraph 2 of article 9 of the [said Protocol], that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both of these means of dispute settlement."

Upon signature:

Declaration:

[Same declaration , mutatis mutandis, as the one made by Belgium.]

4 June 2015

“The Kingdom of the Netherlands declares, in accordance with paragraph 3 of Article 27 of the Convention on Biological Diversity, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 2 of Article 14 of the United Nations Framework Convention on Climate Change, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

Declaration:

"The Kingdom of the Netherlands accepts, for a dispute not resolved in accordance with paragraph 1 of Article 21 of the Convention, both means of dispute settlement mentioned in this paragraph as compulsory in relation to any Party accepting the same obligation.”
Reservation:

“The Kingdom of the Netherlands reserves the right as concerns the threshold quantities mentioned in Annex I of the Convention, to apply the threshold quantities mentioned in European Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances.”

Declaration made upon signature and confirmed upon acceptance:

"The Kingdom of the Netherlands accepts for a dispute not resolved in accordance with paragraph 1 of article 22 of the Convention both the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation:
( a ) Submission of the dispute to the International Court of Justice;
( b ) Arbitration in accordance with the procedure set out in annex IV."

Declaration made upon signature and confirmed upon acceptance:

"The Netherlands declares that it intends to reduce its annual national emissions of VOCs by at least 30% using 1988 levels as a basis."

Declaration:

"The Kingdom of the Netherlands declares, in accordance with paragraph 2 of article 15 of [the said Convention], that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both of these means of dispute settlement."

Reservations:

"Article 26:
The Kingdom of the Netherlands accepts the provisions of article 26 of the Convention with the reservation that these provisions shall not imply an independent entitlement of children to social security, including social insurance.
"Article 37:
The Kingdom of the Netherlands accepts the provisions of article 37 (c) of the Convention with the reservation that these provisions shall not prevent the application of adult penal law to children of sixteen years and older, provided that certain criteria laid down by law have been met.
"Article 40:
The Kingdom of the Netherlands accepts the provisions of article 40 of the Convention with the reservation that cases involving minor offences may be tried without the presence of legal assistance and that with respect to such offences the position remains that no provision is made in all cases for a review of the facts or of any measures imposed as a consequence."
Declarations:

"Article 14:
It is the understanding of the Government of the Kingdom of the Netherlands that article 14 of the Convention is in accordance with the provisions of article 18 of the International Covenant on Civil and Political Rights of 19 December 1966 and that this article shall include the freedom of a child to have or adopt a religion or belief of his or her choice as soon as the child is capable of making such choice in view of his or her age or maturity.
"Article 22:
With regard to article 22 of the Convention, the Government of the Kingdom of the Netherlands declares:
a) that it understands the term "refugee" in paragraph 1 of this article as having the same meaning as in article 1 of the Convention relating to the Status of Refugees of 28 July 1951; and
b) that it is of the opinion that the obligation imposed under the terms of this article does not prevent
- the submission of a request for admission from being made subject to certain conditions, failure to meet such conditions resulting in inadmissibility;
- the referral of a request for admission to a third State, in the event that such a State is considered to be primarily responsible for dealing with the request for asylum.
"Article 38
With regard to article 38 of the Convention, the Government of the Kingdom of the Netherlands declares that it is of the opinion that States would not be allowed to involve children directly or indirectly in hostilities and that the minimum age for the recruitment or incorporation of children in the armed forces should be above fifteen years.
In times of armed conflict, provisions shall prevail that are most conducive to guaranteeing the protection of children under international law, as referred to in article 41 of the Convention."

17 February 2010

Declaration:

“The Kingdom of the Netherlands declares, in accordance with paragraph 3 of Article 20 of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, that it accepts both means of dispute settlement referred to in that paragraph as compulsory in relation to any Party accepting one or both means of dispute settlement.”

Upon signature:

Understanding:

"1 . Article 1 - Definition of Illicit Traffic

During the initial stages of this Conference, [the Government of the Netherlands] proposed to amend articles 15, 17, 18 and 19 (final numbering) in order to replace the generic phrase ‘illicit traffic’ by more specific language (e.g., ‘illicit transport’).
"To some extent the underlying concerns have been met by the introduction in Article 15 of a specific reference to the ‘offences established in accordance with Article 3, paragraph 2’. On the other hand, articles 17, 18 and 19 still contain references to ‘illicit traffic in narcotic drugs, psychotropic substances and substances in table I and table II’.
"It is the understanding [of the Government of the Netherlands] that, given the scope of these articles, the term ‘illicit traffic’ has to be understood in a limited sense, in each case taking into account the specific context. In applying these articles, [it] would therefore have to rely on the chapeau of article 1, allowing for a contextual application of the relevant definition.
“2. Article 3

“(a). [The Government of the Netherlands] notes with respect to article 3, paragraph 2 (subparagraph (b) (i) and (ii), and subparagraph (c) (i)) that the Drafting Committee has replaced the terms `knowing that such property is derived from an offence or offences set forth in paragraph 2' by: ‘knowing that such property is derived from an offence or offences established in accordance with paragraph 1’ . [The Government of the Netherlands] accepts this change with the understanding that this does not affect the applicability of the paragraphs referred to in cases where the offender knows that property is derived from an offence or offences that may have been established and committed under the jurisdiction of a foreign State.
"(b). With respect of article 3, paragraph 6, [the Government of the Nethesions cover offences established both under paragraph 1 and paragraph 2. In view of the provisions of paragraph 4 (d) and paragraph 11 of the same article, [the Government of the Netherlands] understands that the measure of discretionary legal powers relating to the prosecution for offences established in accordance with paragraph 2 may in practice be wider than for offences established in accordance with paragraph 1.
"(c). With respect to article 3, paragraphs 7 and 8, it is the understanding of [the Government of the Netherlands] that these provisions do not require the establishment of specific rules and regulations on the early release of convicted persons and the statute of limitations in respect of offences, covered by paragraph 1 of the article, which are different from such rules and regulations in respect of other, equally serious, offences. Consequently, it is [the Government's] understanding that the relevant legislation presently in force within the Kingdom sufficiently and appropriately meets the concerns expressed by the terms of these provisions.
"Article 17

[The Government of the Netherlands] understands the reference (in para.3) to ‘a vessel exercising freedom of navigation’ to mean a vessel navigating beyond the external limits of the territorial sea.
"The safeguard-clause contained in para. 11 of the article aims in [its] view at safeguarding the rights and obligations of Coastal States within the contiguous zone.
"To the extent that vessels navigating in the contiguous zone act in infringement of the Coastal State's customs and other regulations, the Coastal State is entitled to exercise, in conformity with the relevant rules of the international law of the sea, jurisdiction to prevent and/or punish such infringement."
Upon acceptance:

Reservation:

"The Government of the Kingdom of the Netherlands accepts the provisions of article 3, paragraphs 6, 7, and 8, only in so far as the obligations undeese provisions are in accordance with Dutch criminal legislation and Dutch policy on criminal matters.”

Declaration:

"The Kingdom of the Netherlands does not regard the provisions of article 66 (b), (c) and (d) of the Convention as providing `some other method of peaceful settlement' within the meaning of the declaration of the Kingdom of the Netherlands accepting as compulsory the jurisdiction of the International Court of Justice which was deposited with the Secretary-General of the United Nations on 1 August 1956;
The Kingdom of the Netherlands is of the opinion that the provisions regarding the settlement of disputes, as laid down in article 66 of the Convention, are an important part of the Convention and that they cannot be separated from the substantive rules with which they are connected."

Declaration:

"In accordance with article 11, paragraph 3, of the Conven- tion the Kingdom of the Netherlands accepts for a dispute not resolved in accordance with paragraph 1 or paragraph 2 of article 11 of the above-mentioned Convention, both of the following means of dispute settlement as compulsory:
(a) Arbitration in accordance with procedures to be adopted by the Conference of the Parties at its first ordinary meeting;
(b) Submission of the dispute to the International Court of Justice."

Interpretative declaration with respect to article 1:

"It is the understanding of the Government of the Kingdom of the Netherlands that the term "lawful sanctions" in article 1, paragraph 1, must be understood as referring to those sanctions which are lawful not only under national law but also under international law."

A. Declaration pursuant to article 287 of the Convention:

"The Kingdom of the Netherlands hereby declares that, having regard to article 287 of the Convention, it accepts the jurisdiction of the International Court of Justice in the settlement of disputes concerning the interpretation and application of the Convention with State Parties to the Convention which have likewise accepted the said jurisdiction.
Objections:

The Kingdom of the Netherlands objects to any declaration or statement excluding or modifying the legal effect of the provisions of the United Nations Convention on the Law of the Sea.
This is particularly the case with regard to the following matters:
I. Innocent passage in the territorial sea
The Convention permits innocent passage in the territorial sea for all ships, including foreign warships, nuclear-powered ships and ships carrying nuclear or hazardous waste, without any prior consent or notification, and with due observance of special precautionary measures established for such ships by international agreements.
II. Exclusive economic zone
1. Passage through the Exclusive Economic Zone
Nothing in the Convention restricts the freedom of navigation of nuclear-powered ships or ships carrying nuclear or hazardous waste in the Exclusive Economic Zone, provided such navigation is in accordance with the applicable rules of international law. In particular, the Convention does not authorize the coastal state to make the navigation of such ships in the EEZ dependent on prior consent or notification.
2. Military exercises in the Exclusive Economic Zone
The Convention does not authorize the coastal state to prohibit military exercises in its EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and no such authority is given to the coastal state. In the EEZ all states enjoy the freedoms of navigation and overflight, subject to the relevant provisions ofthe Convention.
3. Installations in the Exclusive Economic Zone
The coastal state enjoys the right to authorize, operate and use installations and structures in the EEZ for economic purposes. Jurisdiction over the establishment and use of installations and structures is limited to the rules contained in article 56 paragraph 1, and is subject to the obligations contained in article 56 paragraph 2, article 58 and article 60 of the Convention.
4. Residual rights
The coastal state does not enjoy residual rights in the EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and can not be extended unilaterally.
III. Passage through Straits
Routes and sea lanes through straits shall be established in accordance with the rules provided for in the Convention. Considerations with respect to domestic security and public order shall not affect navigation in straits used for international navigation. The application of other international instruments to straits is subject to the relevant articles of the Convention.
IV. Archipelagic States
The application of Part IV of the Convention is limited to a state constituted wholly by one or more archipelagos, and may include other islands. Claims to archipelagic status in contravention of article 46 are not acceptable.
The status of archipelagic state, and the rights and obligations deriving from such status can only be invoked under the conditions of Part IV of the Convention.
V. Fisheries
The Convention confers no jurisdiction on the coastal state with respect to the exploitation, conservation and management of living marine resources other than sedentary species beyond the Exclusive Economic Zone.
The Kingdom of the Netherlands considers that the conservation and management of straddling fish stocks and highly migratory species should, in accordance with articles 63 and 64 of the Convention, take place on the basis of international cooperation in appropriate sub-regional and regional organizations.
VI. Underwater cultural heritage
Jurisdiction over objects of an archaeological and historical nature found at sea is limited to articles 149 and 303 of the Convention.
The Kingdom of the Netherlands does however consider that there may be a need to further develop, in international cooperation, the international law on the protection of underwater cultural heritage.
VII. Baselines and delimitation
A claim that the drawing of baselines or the delimitation of maritime zones is in accordance with the Convention will only be acceptable if such lines and zones have been established in accordance with Convention.
VIII. National Legislation
As a general rule of international law, as stated in articles 27 and 46 of the Vienna Convention on the Law of Treaties, states may not rely on national legislation as a justification for a failure to implement the Convention.
IX. Territorial Claims
Ratification by the Kingdom of the Netherlands does not imply recognition or acceptance of any territorial claim made by a State Party to the Convention.
X. Article 301
Article 301 must be interpreted, in accordance with the Charter of the United Nations, as applying to the territory and the territorial sea of a coastal state.
XI. General Declaration
The Kingdom of the Netherlandsreserves the right to make further declarations relative to the Convention and to the Agreement, in response to future declarations and statements.
C. Declaration in accordance with annex IX of the Convention
Upon depositing its instrument of ratification the Kingdom of the Netherlands recalls that, as Member State of the European Community, it has transferred competence to the Community with respect to certain matters governed by the Convention. A detailed declaration on the nature and extent of the competence transferred to the European Community will be made in due course in accordance with the provisions in annex IX of the Convention."
13 February 2009

Upon application of the Convention to the Netherlands Antilles, the Kingdom of the Netherlands made the following declaration and objections:
“A. Declaration in respect of article 287 of the Convention:

The Kingdom of the Netherlands hereby declares that, having regard to Article 287 of the Convention, it accepts the jurisdiction of the International Court of Justice in the settlement of disputes concerning the interpretation and application of the Convention with States Parties to the Convention which have likewise accepted the said jurisdiction.”
“B. Objections

The Kingdom of the Netherlands objects to any declaration or statement excluding or modifying the legal effect of the provisions of the United Nations Convention on the Law of the Sea.
This is particularly the case with regard to the following matters:
I. Innocent passage in the territorial sea
The Convention permits innocent passage in the territorial sea for all ships, including foreign warships, nuclear-powered ships and ships carrying nuclear or hazardous waste, without any prior consent or notification, and with due observance of special precautionary measures established for such ships by international agreements.
II. Exclusive economic zone
1. Passage through the Exclusive Economic Zone
Nothing in the Convention restricts the freedom of navigation of nuclear-powered ships or ships carrying nuclear or hazardous waste in the Exclusive Economic Zone, provided such navigation is in accordance with the applicable rules of international law. In particular, the Convention does not authorize the coastal state to make the navigation of such ships in the EEZ dependent on prior consent or notification.
2. Military exercises in the Exclusive Economic Zone
The Convention does not authorize the coastal state to prohibit military exercises in its EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and no such authority is given to the coastal state. In the EEZ all states enjoy the freedoms of navigation and overflight, subject to the relevant provisions of the Convention.
3. Installations in the Exclusive Economic Zone
The coastal state enjoys the right to authorize, operate and use installations and structures in the EEZ for economic purposes. Jurisdiction over the establishment and use of installations and structures is limited to the rules contained in article 56, paragraph 1, and is subject to the obligations contained in article 56, paragraph 2, article 58 and article 60 of the Convention.
4. Residual rights
The coastal state does not enjoy residual rights in the EEZ. The rights of the coastal state in its EEZ are listed in article 56 of the Convention, and ca not be extended unilaterally.
III. Passage through straits
Routes and sealanes through straits shall be established in accordance with the rules provided for in the Convention. Considerations with respect to domestic security and public order shall not affect navigation in straits used for international navigation. The application of other international instruments to straits is subject to the relevant articles of the Convention.
IV. Archipelagic States
The application of Part IV of the Convention is limited to a state constituted wholly by one or more archipelagos, and may include other islands. Claims to archipelagic status in contravention of article 46 are not acceptable.
The status of archipelagic state, and the rights and obligations deriving from each status, can only be invoked under the conditions of part IV of the Convention.
V. Fisheries
The Convention confers no jurisdiction on the coastal state with respect to the exploitation, conservation and management of living marine resources other than sedentary species beyond the Exclusive Economic Zone.
The Kingdom of the Netherlands considers that the conservation and management of straddling fish stocks and highly migratory species should, in accordance with articles 63 [and] 64 of the Convention, take place on the basis of international cooperation in appropriate subregional and regional organizations.
VI. Underwater cultural heritage
Jurisdiction over objects of an archaeological and historical nature found at sea is limited to articles 149 and 303 of the Convention.
The Kingdom of the Netherlands does however consider that there may be a need to further develop, in international cooperation, the international law on the protection of underwater cultural heritage.
VII. Baselines and delimitation
A claim that the drawing of baselines of the delimitation of maritime zones is in accordance with the Convention will only be acceptable if such lines and zones have been established in accordance with the Convention.
VIII. National legislation
As a general rule of international law, as stated in articles 27 and 46 of the Vienna Convention on the law of Treaties, states may not rely on national legislation as a justification for a failure to implement the Convention.
IX. Territorial claims
Ratification by the Kingdom of the Netherlands does not imply recognition or acceptance of any territorial claim made by a State Party to the Convention.
X. Article 301
Article 301 must be interpreted, in accordance with the Charter of the United Nations, as applying to the territory and the territorial sea of a coastal state.
XI. General declaration
The Kingdom of the Netherlands reserves its right to make further declarations relative to the Convention and to the Agreement, in response to future declarations and statements.”
27 February 2017

Declaration under article 287

“The Kingdom of the Netherlands hereby declares that, having regard to article 287 of the Convention, it accepts for the settlement of disputes concerning the interpretation and application of the Convention, without specifying that one has precedence over the other, the jurisdiction of:
1) the International Court of Justice; and
2) the International Tribunal for the Law of the Sea established in accordance with Annex VI of the Convention.
The Kingdom of the Netherlands considers that it has chosen "the same procedure" as any other State Party that has chosen the International Court of Justice or the International Tribunal for the Law of the Sea or both.
In the event another State Party has chosen the International Court of Justice and the International Tribunal for the Law of the Sea without indicating precedence, the Kingdom of the Netherlands should be considered as having chosen the International Court of Justice only.
This declaration replaces, with effect from 1 March 2017, the previous declaration of the Kingdom of the Netherlands under Article 287 of the Convention concerning its choice of means for settlement of disputes of 28 June 1996.”

Declaration:

"The Kingdom of the Netherlands reserves the right to take into account, for the purpose of assessing the amount of income tax due on income from other sources, the salaries and emoluments paid to the professional staff of the African Development Bank and exempt from taxation under article 57 of the Agreement. The exemption shall not be deemed applicable to the pensions paid by the Bank."

"1. With regard to article 2, paragraph 4, of Protocol II:
It is the understanding of the Government of the Kingdom of the Netherlands that a specific area of land may also be a military objective if, because of its location or other reasons specified in paragraph 4, its total or partial destruction, capture, or neutralization in the circumstances ruling at the time, offers a definitive military advantage;
"2. With regard to article 3, paragraph 3, under c, of Protocol II:
It is the understanding of the Government of the Kingdom of the Netherlands that military advantage refers to the advantage anticipated from the attack considered as a whole and not only from isolated or particular parts of the attack;
"3. With regard to article 8, paragraph 1, of Protocol II:
It is the understanding of the Government of the Kingdom of the Netherlands that the words 'as far as it is able' mean 'as far as it is technically able'.
"4. With regard to article 1, paragraph 3, of Protocol III:
It is the understanding of the Government of the Kingdom of the Netherlands that a specific area of land may also be a military objective if, because of its location or other reasons specified in paragraph 3, its total or partial destruction, capture, or neutralization in the circumstances ruling at the time, offers a definitive military advantage."

Declaration:

"During the preparatory stages of the present Convention and in the course of debates on it in the General Assembly the position of the Government of the Kingdom of the Netherlands was that it was not desirable to introduce political considerations such as those contained in paragraphs 10 and 11 of the preamble in a legal instrument of this nature. Moreover, the considerations are not directly related to the achievement of total equality between men and women. The Government of the Kingdom of the Netherlands considers that it must recall its objections to the said paragraphs in the preamble at this occasion."

Reservation:

"In cases where the judicial authorities of either the Netherlands, the Netherlands Antilles or Aruba cannot exercise jurisdiction pursuant to one of the principles mentioned in article 5, paragraph 1, the Kingdom accepts the aforesaid obligation [laid down in article 8] subject to the condition that it has received and rejected a request for extradition from another State party to the Convention."
Declaration:

"In the view of the Government of the Kingdom of the Netherlands article 15 of the Convention, and in particular the second sentence of that article, in no way affects the applicability of article 33 of the Convention of 28 July 1951 relating to the Status of Refugees."

Declaration:

"The Kingdom of the Netherlands accepts the obligations laid down in article 1 of the said Convention as extending to states which are not a party to the Convention and which act in conformity with article 1 of the Convention."

Upon signature:

Declaration:

“The Government of the Netherlands made a declaration according to the terms of which it shall not be bound by Part II, Part IV, Annex C.1, Annex F, Annex G and Annex H of the said Protocol, and within the framework of the European Economic Community, it will examine the possibility of accepting Annex C.1 in the light of the position adopted by other Contracting Parties with regard to that Annex.”
Upon acceptance:

Declaration:

"In conformity with paragraph 16 (a) of the said Protocol, the Kingdom shall not be bound by part II, part IV, annex C.1, annex F, annex G and annex H thereof."

Declaration:

"In view of the Government of the Kingdom of the Netherlands article 12 of the Convention, and in particular the second sentence of that Article, in no way affects the applicability of article 33 of the Convention of 28 July 1951 relating to the Status of Refugees".
Reservation:

"In cases where the judicial authorities of either the Netherlands, the Netherlands Antilles or Aruba cannot exercise jurisdiction pursuant to one of the principles mentioned in article 3, para. 1, the Kingdom accepts the aforesaid obligation [laid down in article 7] subject to the condition that it has received and rejected a request for extradition from another State party to the Convention."
31 January 2012

Partial withdrawal of reservation with regard to article 7

“In cases where the judicial authorities of either the Netherlands, the Netherlands Antilles or Aruba cannot exercise jurisdiction pursuant to one of the principles mentioned in Article 3, paragraph 1, the Kingdom accepts the aforesaid obligation [laid down in article 7] subject to the condition that it has received and rejected a request for extradition from another State Party to the Convention."

Reservations:

"With reference to part 22 of the Annex and the Appendix to this Annex to the European Agreement, a reservation is made with respect to the no entry sign for vehicles carrying more than a certain quantity of explosives or readily inflammable substances or of substances liable to cause water pollution.
With reference to part 19 amending the Annex to the European Agreement, a reservation is made with respect to the no entry sign for vehicles carrying more than a certain quantity of explosives or readily inflammable substances and the no entry sign for vehicles carrying more than a certain quantity of substances liable to cause water pollution."

Upon signature:

The Government of the Netherlands [will] ratify the Agreement only when the law of the European Economic Community conforms with the provisions of the latter.
Upon ratification:

[Same declaration as the one reproduced under "Belgium".]

Declaration:

"The Kingdom of the Netherlands does not regard the provi- sions of Article 66 (b) of the Convention as providing "some other method of peaceful settlement" within the meaning of the declaration of the Kingdom of the Netherlands accepting as compulsory the jurisdiction of the International Court of Justice which was deposited with the Secretary-General of the United Nations on 1 August 1956."

Reservations:

"Article 10
"The Kingdom of the Netherlands subscribes to the principle set out in paragraph 1 of this article, but it takes the view that ideas about the treatment of prisoners are so liable to change that it does not wish to be bound by the obligations set out in paragraph 2 and paragraph 3 (second sentence) of this article.
"Article 12, paragraph 1
"The Kingdom of the Netherlands regards the Netherlands and the Netherlands Antilles as separate territories of a State for the purpose of this provision.
"Article 12, paragraphs 2 and 4
"The Kingdom of the Netherlands regards the Netherlands and the Netherlands Antilles as separate countries for the purpose of these provisions.
"Article 14, paragraph 3 (d)
"The Kingdom of the Netherlands reserves the statutory option of removing a person charged with a criminal offence from the court room in the interests of the proper conduct of the proceedings.
"Article 14, paragraph 5
"The Kingdom of the Netherlands reserves the statutory power of the Supreme Court of the Netherlands to have sole jurisdiction to try certain categories of persons charged with serious offences committed in the discharge of a public office.
"Article 14, paragraph 7
"The Kingdom of the Netherlands accepts this provision only insofar as no obligations arise from it further to those set out in article 68 of the Criminal Code of the Netherlands and article 70 of the Criminal Code of the Netherlands Antilles as they now apply. They read:
"1. Except in cases where court decisions are eligible for review, no person may be prosecuted again for an offence in respect of which a court in the Netherlands or the Netherlands Antilles has delivered an irrevocable judgement.
"2. If the judgement has been delivered by some other court, the same person may not be prosecuted for the same of fence in the case of (I) acquittal or withdrawal of proceeding or (II) conviction followed by complete execution, remission or lapse of the sentence.
"Article 19, paragraph 2
"The Kingdom of the Netherlands accepts the provision with the proviso that it shall not prevent the Kingdom from requiring the licensing of broadcasting, television or cinema enterprises.
"Article 20, paragraph 1
"The Kingdom of the Netherlands does not accept the obligation set out in this provision in the case of the Netherlands."
"[The Kingdom of the Netherlands] clarify that although the reservations [...] are partly of an interpretational nature, [it] has preferred reservations to interpretational declarations in all cases, since if the latter form were used doubt might arise concerning whether the text of the Covenant allows for the interpretation put upon it. By using the reservation form the Kingdom of the Netherlands wishes to ensure in all cases that the relevant obligations arising out of the Covenant will not apply to the Kingdom, or will apply only in the way indicated.
11 October 2010

Declaration:

"...The Kingdom of the Netherlands, consisting, as per 10 October 2010, of the European part of the Netherlands, the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), Aruba, Curaçao and Sint Maarten, regards these parts as separate territories for the purpose of Article 12, paragraph 1, and as separate countries for the purpose of Article 12, paragraphs 2 and 4, of the Covenant."

This ratification is subject to the reservation provided for in article 56, paragraph 2, of the Convention.

In accordance with article 21, paragraph 1 (d) of the Convention, the Netherlands will not apply this Convention to vessels used exclusively for a non-commercial government service.
13 June 1975

[The Netherlands], in accordance with the provision of article 15, paragraph 1, accepts Protocol No. 1 concerning Rights in rem in inland navigation vessels

Declaration:
The Kingdom of the Netherlands interprets the words "not, solely by the operation of the law of the receiving State" in article II of the Optional Protocol concerning Acquisition of Nationality as meaning that acquisition of nationality by descent is not regarded as acquisition of nationality solely by the operation of this law.

Declaration:

"The Kingdom of the Netherlands interprets chapter II of the Convention as applying to all career consular officers and employees, including those assigned to a consular post headed by a honorary consular officer."

In signing the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, [the Government of the Netherlands] hereby declare that, in view of the equality which exists, from the standpoint of public law, between the Netherlands, Surinam and the Netherlands Antilles, the Government of the Kingdom reserves the right to ratify the Convention in respect of only one or two parts of the Kingdom and to declare at a later date, by written notification to the Secretary-General, that the Convention is to apply also to the other part or parts of the Kingdom.

Reservation:

"The said Convention shall be observed subject to the following reservations, provided for in article 16, paragraph [1], (a) (iii) and (iv), of the Convention:
- The Kingdom of the Netherlands will not apply article 12 to phonograms the producer of which is not a national of another Contracting State;
- As regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by article 12 to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a national of the Kingdom of the Netherlands."

Declaration:

"The Kingdom of the Netherlands interprets the words "not, solely by the operation of the law of the receiving State" in article II of the Optional Protocol concerning Acquisition of Nationality as meaning that acquisition of nationality by descent is not regarded as acquisition of nationality solely by the operation of this law."

In view of the equality from the point of view of public law between the Netherlands, Surinam and the Netherlands Antilles, the term "non-metropolitan" mentioned in article 42 of this Convention no longer has its original meaning so far as Surinam and the Netherlands Antilles are concerned, and will consequently be deemed to mean "non-European".

Referring to paragraph 3 of article I of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Government of the Kingdom declares that it will apply the Con- vention to the recognition and enforcement of awards made only in the territory of another Contracting State.

The Government of the Kingdom makes the following reservation with regard to article 1 of the Convention: the recovery of maintenance shall not be facilitated by virtue of this article if, the claimant and the respondent being both in the Netherlands, or, respectively, in Surinam, the Netherlands Antilles or Netherlands New Guinea, and assistance having been granted or similar arrangements made under the Assistance to the Needy Act ( Loi sur l'Assistance des Pauvres ), no recovery was in general obtained for such assistance from the respondent, having regard to the circumstances of the case in question.
"The Convention has for the time being been ratified for the Kingdom of the Netherlands in Europe only. If, in accordance with article 12, the application of the Convention will at any time be extended to the parts of the Kingdom outside Europe, the Secretary-General will be duly notified thereof. In that event the notification will contain such reservation as may be made on behalf of any of these parts of the Kingdom."

The Government of the Kingdom reserves the right not to apply the provisions of article 8 of the Convention to stateless persons who previously possessed enemy nationality or the equivalent thereof with respect to the Kingdom of Netherlands;
With reference to article 26 of the Convention, the Government of the Kingdom reserves the right to designate a place of principal residence for certain stateless persons or groups of stateless persons in the public interest.

Reservation made upon signature and confirmed upon ratification:

This signature is appended subject to the reservation that in all cases where this Convention grants to refugees the most favourable treatment accorded to nationals of a foreign country this provision shall not be interpreted as involving the régime accorded to nationals of countries with which the Netherlands has concluded regional, customs, economic or political agreements.
Declarations:

(1) With reference to article 26 of this Convention, the Netherlands Government reserves the right to designate a place of principal residence for certain refugees or groups of refugees in the public interest.
(2) In the notifications concerning overseas territories referred to in article 40, paragraph 2, of this Convention, the Netherlands Government reserves the right to make a declaration in accordance with section B of article 1 with respect to such territories and to make reservations in accordance with article 42 of the Convention.
Interpretative declaration:

In depositing the instrument of ratification by the Netherlands, . . . I declare on behalf of the Netherlands Government that it does not regard the Amboinese who were transported to the Netherlands after 27 December 1949, the date of the transfer of sovereignty by the Kingdom of the Netherlands to the Republic of the United States of Indonesia, as eligible for the status of refugees as defined in article 1 of the said Convention.

Excluding, in accordance with article 2, paragraph 1 of this Convention, annex 2.

[Same declarations, identical in essence, as those made by the Federal Republic of Germany upon ratification]

Upon signature:

"As regards article III, paragraph 1, the words and quantitative restrictions and from the necessity of applying for an import licence' will be deleted, and excluded from the application of the Agreement."