A. TITEL

Briefwisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en de Verenigde Naties betreffende een werkgroep van het Internationaal Instituut voor lucht- en ruimterecht inzake de vergroting van expertise op het gebied van het ruimterecht te 's-Gravenhage van 18 november tot 21 november 2002;

Wenen, 7 en 29 oktober 2002

B. TEKST

Nr. I

UNITED NATIONS OFFICE AT VIENNA

7 October 2002

Excellency,

United Nations/International Institute of Air and Space Law Workshop on Capacity Building in Space Law organised in cooperation with and hosted by the Government of the Netherlands, in The Hague, the Netherlands from 18–21 November 2002

I wish to take this opportunity to express the gratitude of the United Nations, through Your Excellency, to your Government for its decision to host the above-referenced Workshop.

The Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE III) called for action to promote the development of space law to meet the needs of the international community. The Conference emphasised the importance of the United Nations treaties on outer space and invited States that had not yet done so to ratify or accede to the treaties.

The need for effective laws and policies on space activities, not just on an international level but also on the national level, is becoming clear to the increasing number of States now actively involved in space activities. As the successful operation of space law relies on the presence of suitable professionals, educational opportunities in space law are also essential. The Workshop is being conducted to provide an overview of the United Nations treaties and principles on outer space, to examine and compare various aspects of existing national space laws and to promote the development of university level programmes in space law.

On behalf of the United Nations, I would be most grateful to receive your Government's acceptance of the following arrangements for the Workshop:

A. The United Nations

1. The United Nations will provide round trip international air travel (economy class) to The Hague, the Netherlands for up to twenty-five (25) participants among nominees from developing countries that are invited to participate in the Workshop by the United Nations in accordance with United Nations rules and procedures.

2. The cost of travel and per diem of up to two staff members of the Office for Outer Space Affairs of the United Nations Secretariat will be borne by the United Nations in accordance with United Nations rules and procedures.

3. The cost of travel and per diem of representatives of the United Nations system will be borne by the concerned organizations.

B. Language and Participation

1. The total number of participants will be limited to one hundred and thirty five (135).

2. The official language of the Workshop will be English.

C. The Government of the Netherlands

1. The Government will act as host to the Workshop that will be held in The Hague, the Netherlands.

2. The Government will also designate an official representing the Ministry of Foreign Affairs to act as liaison officer between the United Nations and the Government for making the necessary arrangements concerning the contributions described in the following paragraph.

3. The Government will provide and defray the costs of:

  • a) room and board for up to twenty five (25) participants from developing countries;

  • b) appropriate premises and equipment (including duplication facilities and consumables) for holding the Workshop;

  • c) appropriate premises for the offices and for the other working areas of the United Nations Secretariat staff responsible for the Workshop, the liaison officer and the local personnel mentioned below;

  • d) adequate furniture and equipment for the premises referred to in b) and c) above to be installed prior to the start of the Workshop and maintained in good repair by appropriate personnel for the duration of the Workshop;

  • e) amplification and audio-visual projection equipment as well as tape recorders and tapes as may be necessary and technicians to operate them for the Workshop;

  • f) the local administrative personnel required for the proper conduct of the Workshop, including reproduction and distribution of presented papers and other documents in connection with the Workshop;

  • g) communication facilities (facsimile, telephone) for official use in connection with the Workshop, office supplies and equipment for the conduct of the Workshop;

  • h) customs clearance and transportation between the port of entry and the location of the Workshop for any equipment required in connection with the Workshop;

  • i) all official transportation within the Netherlands for all participants in the Workshop;

  • j) arrangements of adequate accommodations in hotels at reasonable commercial rates for persons other than those identified in a) above, who are participating in, attending or servicing the Workshop, at the expense of these same persons;

  • k) the services of a travel agency to confirm or make new bookings for the departure of participants upon the conclusion of the Workshop;

  • l) medical facilities for first aid in emergencies within the area of the Workshop. For serious emergencies, the Government shall ensure immediate transportation and admission to a hospital; and

  • m) security protection as may be required to ensure the well-being of all participants in the Workshop and the efficient functioning of the Workshop free from interference of any kind.

D. Privileges and Immunities

I further wish to propose that the following terms shall apply to the Workshop:

1. a) The Convention on the Privileges and Immunities of the United Nations (1946) acceded to by the Netherlands on 19 April 1948 shall be applicable in respect of the Workshop. The participants invited by the United Nations shall enjoy the privileges and immunities accorded to experts on mission for the United Nations under Article VI of the Convention. Officials of the United Nations participating in or performing functions in connection with the Workshop shall enjoy the privileges and immunities provided under Articles V and VII of the Convention. Officials of the Specialized Agencies participating in the Workshop shall be accorded the privileges and immunities provided under Articles VI and VIII of the Convention on the Privileges and Immunities of the Specialized Agencies (1947).

  • b) Without prejudice to the provisions of the Convention on the Privileges and Immunities of the United Nations, all participants and persons performing functions in connection with the Workshops shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Workshop.

  • c) Personnel provided by the Government pursuant to this Agreement shall enjoy immunity form legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Workshop.

2. All participants and all persons performing functions in connection with the Workshop shall have the right of unimpeded entry into and exit from the Netherlands. Visas and entry permits, where required, shall be granted free of charge. When applications are made four weeks before the opening of the Workshop, visas shall be granted not later than two weeks before the opening of the Workshop. If the application is made less than four weeks before the opening, visas shall be granted as speedily as possible and not later than three days before the opening.

3. It is further understood that your Government will be responsible for dealing with any action, claim or other demand against the United Nations arising out of:

    • (i) Injury or damage to person or property in conference or office premises provided for the Workshop;

    • (ii) The transportation provided by your Government;

    • (iii) The employment for the Workshop of personnel provided or arranged by your Government;

and your Government shall hold the United Nations and its personnel harmless in respect of any such action, claim or other demand, except where it is agreed by the Secretary-General of the United Nations and the Government that such actions, claims or demands arise from gross negligence or wilful misconduct of such persons.

E. Dispute Settlement

Any dispute concerning the interpretation or implementation of these terms except for a dispute subject to the appropriate provisions of the Convention on the Privileges and Immunities of the United Nations or of any other applicable agreement, shall, unless the parties otherwise agree, be submitted to a tribunal of three arbitrators, one of whom shall be appointed by the Secretary-General of the United Nations, one by the Government, and the third, who shall be the chairman, by the other two arbitrators. If either party does not appoint an arbitrator within three months of the other party having notified the name of its arbitrator or if the first two arbitrators do not within three months of the appointment or nomination of the second one of them appoint the chairman, then such arbitrator shall be nominated by the President of the International Court of Justice at the request of either party to the dispute. Except as otherwise agreed by the parties, the tribunal shall adopt its own rules of procedure, provide for the reimbursement of its members and the distribution of expenses between the parties, and take all decisions by a two-thirds majority. Its decisions on all questions of procedure and substance shall be final and, even if rendered in default of one of the parties, be binding on both of them.

I further propose that upon receipt of your confirmation in writing of the above terms, this exchange of letters shall constitute an agreement between the United Nations and the Government of the Netherlands regarding the provision of host facilities by your Government for the Workshop.

Accept, Sir, the assurances of my highest consideration.

(sd.) ANTONIO MARIA COSTA

Antonio Maria Costa Director-General United Nations Office at Vienna

H.E. Mr. Jaap Ramaker

Ambassador Extraordinary and Plenipotentiary

Permanent Mission of the Kingdom of the Netherlands to the United Nations (Vienna)

Opernring 5 1010 Vienna

Nr. II

PERMANENT MISSION OF THE KINGDOM OF THE NETHERLANDS TO THE UNITED NATIONS ORGANIZATIONS IN VIENNA

Vienna, 29 October 2002

Sir,

I have the honour to refer to your letter of 7 October 2002, relating to an agreement to be concluded between the Government of the Kingdomof the Netherlands and the United Nations concerning the International Institute of Air and Space Law Workshop on Capacity Building in Space Law, which is scheduled to be held in The Hague from 18 to 21 November 2002, which reads as follows:

(Zoals in Nr. I)

I am authorized by the Government of the Kingdom of the Netherlands to state that it agrees to the proposals regarding the organization of the Workshop and to state that the Government of the Kingdom of the Netherlands considers your letter and my reply as together constituting an Agreement between the Government of the Kingdom of the Netherlands and the United Nations in respect of the International Institute of Air and Space Law Workshop on Capacity Building in Space Law, which shall enter into force on the date of this reply and shall remain in force for the duration of the Workshop and for such additional period as is necessary for its preparation and winding up, the total duration of this Agreement, however, not to exceed one year.

Please accept, Sir, the assurances of my highest consideration.

(sd.) A. TER HOEVE

Anke ter Hoeve First Secretary

Mr. Antonio Maria Costa Director-General

United Nations Office at Vienna

Vienna International Centre

Vienna

D. PARLEMENT

Het in de brieven vervatte verdrag behoeft ingevolge artikel 7, onderdeel c, van de Rijkswet goedkeuring en bekendmaking verdragen niet de goedkeuring van de Staten-Generaal.

G. INWERKINGTREDING

De bepalingen van het in de brieven vervatte verdrag zijn ingevolge het in de voorlaatste alinea van de tweede brief gestelde op 29 oktober 2002 in werking getreden.

Wat het Koninkrijk der Nederlanden betreft, geldt het verdrag alleen voor Nederland.

J. GEGEVENS

Verwijzingen

Titel:Handvest van de Verenigde Naties; San Francisco, 26 juni 1945
Tekst:Trb. 1979, 37 (Engels en Frans, zoals gewijzigd) Trb. 1987, 114 (herziene vertaling)
Laatste Trb. :Trb. 2001, 179
Titel:Verdrag nopens de voorrechten en immuniteiten van de Verenigde Naties; Londen, 13 februari 1946
Tekst:Stb. I 224 (Engels, Frans en vertaling)
Laatste Trb. :Trb. 1994, 210
Titel:Verdrag nopens de voorrechten en immuniteiten van de gespecialiseerde organisaties; New York, 21 november 1947
Tekst:Stb. J 67 (Engels en Frans)Trb. 1951, 160 (vertaling)
Laatste Trb. :Trb. 1994, 211
Titel:Statuut van het Internationaal Gerechtshof; San Francisco, 26 juni 1945
Tekst:Trb. 1971, 55 (Engels en Frans) Trb. 1987, 114 (herziene vertaling)
Laatste Trb. :Trb. 1997, 106

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat het in de brieven vervatte verdrag in Nederland zal zijn bekendgemaakt op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de vijfentwintigste november 2002

De Minister van Buitenlandse Zaken,

J. G. DE HOOP SCHEFFER

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