Belgian Territory Research Articles

The Yerodia Ruling of the International Court of Justice and the 1993/1999 Belgian Law on Universal Jurisdiction

The 1993/1999 Belgian Law on Universal Jurisdiction allows for prosecution before Belgian domestic courts regardless of the nationality of perpetrators or victims, the place where the breaches were committed, or the presence on Belgian territory of the alleged perpetrators. Is universal jurisdiction contrary to international law? Is universal jurisdiction in absentia permitted under Belgian law and under international law? What is the relationship between universal jurisdiction, as exercised by a national court, and the Statute of the International Criminal Court? This article provides an overview of the Belgian legislation and its future with regard to international law and the Statute of the International Criminal Court.

Seismic hazard assessment in Belgium

The seismic hazard assessment has been conducted on the Belgian territory conforming to Eurocode 8, the European earthquake building code. The study was performed using the seismological database of the Royal Observatory of Belgium and the publications and open reports available for geological and geophysical data. The seismic hazard in Belgium was evaluated with a probabilistic analysis, using the public software SEISRISK III from the U.S. Geological Survey. The output consists of hazard maps showing the distribution of the horizontal peak ground acceleration for a return period of 475 years. Different maps are presented according to the choices that can be made on the attenuation laws and the definition of the seismic source zones. The computations have been made assuming that all Belgian territory is constituted by rock, as requested by Eurocode 8.

Survey of the 137Cs contamination in Belgium by in-situ gamma spectrometry, a decade after the Chernobyl accident.

The residual radiocesium concentration, nearly 10 y after the Chernobyl accident, is measured at different sites on the Belgian territory by means of in-situ gamma-spectrometry. A possible link between the rainfall at the beginning of May 1986 and the actual cesium concentration is investigated. The radiological impact of this contamination, even in the most affected regions in the Ardennes, is very small (<6 microSv y(-1)).

May Court Judgments that Disregard Arbitration Clauses and Awards be Enforced under the Brussels and Lugano Conventions?

The Brussels and Lugano Conventions on Court Jurisdiction and Enforcement of Judgments greatly facilitate within Europe the enforcement in one Contracting State of court decisions from another Contracting State.1 What happens, however, if the court which rendered the decision assumed jurisdiction in spite of an arbitration clause or even in spite of an award rendered on the same subject matter between the same parties? Arbitration clauses and awards are entitled to recognition and enforcement under the New York Convention 1958, to which all states bound by the Brussels and Lugano Conventions have also adhered. The question then arises: to what extent is a court decision, rendered in spite of an arbitration clause, enforceable under the Brussels or Lugano Conventions? For example, in the past Belgian courts have decided that an arbitration clause, included in a distribution agreement which covers Belgian territory, is null and void whenever the dispute enters...

The Treachery of Art: This is Not Belgium

The Treachery of Art: This is Not Belgium Stéphane Spoiden (bio) En creux: la Belgique est un trou sur la page du monde. Le vide n’existe pas, et pourtant il existe, mais en creux. —Claude Javeau Partiellement francophone mais non français, nordique mais sans mythologie, plural mais sans contours, lieu d’infiltrations constantes et de dénis tout aussi flagrants, il est une culture parce qu’il ne peut se prévaloir d’en avoir une. —Marc Quaghebeur A Virtual State Belgium likes to think of itself as being at the heart of Western Europe and is indeed central to many European Union activities. Brussels is the capital city of the European Union and the seat of most of its institutions. But Belgium is also a small country overshadowed by economic and cultural giants such as Germany, France and Britain. The first questions that one might want to pose concerning this small and relatively little known country are: How can Belgium cultivate its cultural identity despite the powerful influence of surrounding cultures? Can Belgium retain or develop an individual cultural character and, if so, what form(s) can its expression take? The answer to these questions may be found in what has become a cliché concerning the cultural particularity of Belgium: a country that lies at the crossroads of the two major cultural types in Western Europe: Latin and Germanic. 1 The country is comprised of two communities: the Walloons and the Flemings, each loosely associated with one of the two cultural types, as well as a minuscule German-speaking [End Page 137] community of about 65,000 people. But as a consequence of being at this intersection, each of the two principal communities is also situated at the periphery of the two European cultural regions. Belgium is thus a country simultaneously on the margins and at the center of the cultural dynamics of Europe. This marginal centrality/central marginality leaves the country riven by tensions and divisions. I contend that Belgium’s cultural identity is determined by this unique geographical and cultural situation. The unique position of Belgium has prompted many observers to conclude that Belgium has been, since its creation in 1830, either an artificial state or a non-nation. The French statesman Talleyrand, for instance, famously contended that the creation of Belgium was merely a by-product of European diplomacy of the time that did not significantly reflect cultural or national character. The idea of Belgium as a non-nation has recently gained considerable currency among the Belgians themselves who, witnessing the increasing fragmentation of their country and the concomitant rise of an antagonistic biculturalism, have more and more difficulty discerning cohesive cultural or national forces within the country. Furthermore, it has been frequently asserted, particularly in intellectual circles, that Belgium has no particular identity at all. In response to this paradoxical assertion of non-identity among Belgian intellectuals, however, historians are quick to remark a cultural unity among the different Belgian populations of the region since the Middle Ages. The biculturalism that separates Flemings and Walloons did not arise before the latter part of the nineteenth century. Until independence from the Netherlands in 1830, a multicultural society in the so-called Belgian territories, whose origins are traceable to the numerous small groups inhabiting Southern Netherlands, was subsumed under a loosely defined common culture. What was called Belgium during the seventeenth and eighteenth centuries was in fact an entity composed of several regions that shared a common history and enjoyed some form of political union. A national sentiment only arose after Belgium gained independence from the Netherlands and avoided annexation by an interested France. 2 A State to Be or Not to Be a State A virtual state of Belgium had been in existence since the Middle Ages, and the creation of a real Belgian nation-state in 1830 paradoxically initiated the demise of Belgian cultural unity by fostering a biculturalism based on linguistic differences. Reginald de Schrijver, a renowned Belgian historian, points out that “there was [End Page 138] no Flemish or Walloon consciousness in the modern sense, and thus no Flemish or Walloon people” (1981, 16). That perception progressively changed when the...

Estimating net ecosystem exchange of carbon using the normalized difference vegetation index and an ecosystem model

The evaluation and prediction of changes in carbon dynamics at the ecosystem level is a key issue in studies of global change. An operational concept for the determination of carbon fluxes for the Belgian territory is the goal of the presented study. The approach is based on the integration of remotely sensed data into ecosystem models in order to evaluate photosynthetic assimilation and net ecosystem exchange (NEE). Remote sensing can be developed as an operational tool to determine the fraction of absorbed photosynthetically active radiation (fPAR). A review of the methodological approach of mapping fPAR dynamics at the regional scale by means of NOAA11-AVHRR/2 data for the year 1990 is given. The processing sequence from raw radiance values to fPAR is presented. An interesting aspect of incorporating remote sensing derived fPAR in ecosystem models is the potential for modeling actual as opposed to potential vegetation. Further work should prove whether the concepts presented and the assumptions made in this study are valid.

Extreme precipitation of December 1993 and January 1995 in Belgium: A homogenization procedure for estimating fractiles corresponding to long return periods

The heavy precipitation at the origin of the floods of December 1993 and January 1995 has been studied over the Belgian territory and, in particular, over the Meuse river basin where important damages occurred. A comparison of the two extreme rainfall depths over several time durations has been carried out and an attempt to find the area where these events are exceeding long return period thresholds has been made. This has been done by assessing the distribution of the winter extremes of the precipitation cumulated over several durations at the location of all the climatological stations. The use of these data has however shown that the inhomogeneities due to the different lengths of the observation series introduce spurious effects in the fractile values. A practical procedure based on the fractile method to assess the missing data is proposed and applied on the 1993 and 1995 events.

From traditional know‐how to technical skill. The process of training and of professionalization in the Belgian coalmining industry, 1700–1850

Ever since the end of the Middle Ages, coal‐mining had built the reputation of the region of Liège. No technical educational institution existed however: coal‐mining training was performed through apprenticeship and tradition. In the Liégeois coalfield, a special court of justice (the “Cour des Voir‐jurés du charbonnage") played, until 1795, a crucial role in maintaining technical tradition. Will the annexation of the Belgian territories by the French Republic, the old customary laws regarding coal‐mining were abolished and replaced by the laws of 1791 and 1810. According to these, a special body of experts (the Conseil des mines de la République) was created to supervice and improve coalmining. French engineers were primarily oriented towards German coal‐mining experience. Until 1814 Paris was the place where one could receive a technical education with the most up‐to‐date techniques. However when the Napoleonic empire collapsed the network formed by the mining administration broke down completely in the Belgian departments. After a long debate an Ecole des mines de Liège was founded in 1825 and was attached to the University. The French model of training prevailed. In 1836, after the Belgian revolution, the Ecole des mines was reorganised. It was renamed the Ecole des arts et manufactures et des mines and and annexed to the Faculty of Sciences. French influence remained preponderant though the French graduate engineers themselves conveyed the technical knowledge of Germany and, to a lesser extent, that of England as well. The study of the creation of an educational mining institution in Belgium illustrates the impact of French legislation which pushed forward the professionalization of the mining engineers.

Les franges périurbaines en Belgique, quelques éléments de recherche concernant leur délimitation, leur population et leurs caractéristiques sociales

Periurban areas are becoming more and more important in Belgium. The fringe of large and medium-sized cities includes at least 40 % of the Belgian territory and one third of the kingdom population lives there. As a result of life cycle-related migratory movements and better family housing, the age structure of the fringe is characterised by a high number of families with children. Periurban areas are also part of a strong social gradient. The wave pattern observed here is similar to the demographic one but there is a significant time lag between the demographic and the social waves.

De Gaulle's 'Communauté'. A Bridge from Colonialism to Paternalism in Afrika

The importance of the French-African Communauté is more than just historical. Indeed, the present French-African relationship is not completely understandable without a knowledge of the Community, which was created by the constitution of the fifth French Republic (1958). President de Gaulle, who was its inspirator, realised that in the changing world the relation- ship between France and its colonial territories had to be adapted. The French-African Community was a federal structure in which the French-speaking territories south of the Sahara became autonomous republics. Yet their autonomy was substantially restricted: foreign affairs, defense, the economic and financial policy, justice, higher education, the policy concerning raw materials (e.g. uranium and oil), and the organisation of international transport and telecommunication were reserved for the federal institutions. Although four institutions were created within the Community (the Presidency, the Executive Board, the Senate and the Court of Arbitration), only the Presidency had real power: the ex- clusive legislative and executive competence in all Community matters. The function of Community President was reserved for the French President. Therefore it can undoubtedly be said that the French-African Community was not a genuine federal structure, but merely a constitutional arrangement which ensured France the exclusive control over its former African colonies.The African political leaders were also aware of this and claimed the abolition of the. French-African Community. Using the possibility for change, provided by the 78th article of the constitution, they demanded independence by the transfer of all reserved competences (1960). In order to avoid any rupture, France accepted on the condition that bilateral cooperation agreements would be signed simultaneously. These agreements, which were revised halfway the seventies and which are still in force today, provide France with an unique position in Africa. No former métropole has a comparable influence in Africa. Besides, the French-African Conference, which is organised anually since 1973, gives France an excellent forum to influence and control the policy of African states. At this Conference almost every former French colonie in Africa is present, some Belgian, British, Spanish and Portuguese territories participate as well. Moreover, the cooperation agreements explicitly allow France to maintain large troups in Africa and to give support by military intervention whenever it is necessary. France's strict control over one of the most important attributes of state sovereignity, namely defense, increases largely the already acuted dependency on Paris. Yet, the economic position of most of the former French colonies and territories in Africa is the best illustration of their present dependence. Still today more than 40% of their trade is realised with the former métropole (export: raw materials; import: finished goods). Moreover, most of them are members of the so-called "zone franc", a monetary zone which is completely controlled by the French authorities. The good relationship between France and Africa remained as a result of which extensive bilateral cooperation agreements could be signed within the framework of the French-African Community. This continuity has always been one of the main characteristics of the French policy in Africa. KEYWORDS:-Decolonisation -Francophone Africa-the French-African Community - French policy in Africa - 'La Communauté'

The Measurement of International Migration in Belgium

This article examines legislation affecting international migration in Belgium from the perspective of 2 questions: 1) What types of migrants are definable by legislation? and 2) What kinds of documents may be utilized to compile statistics on international migration? The following are some of the articles main points. 1) Since January 1 1847 each communal administration in Belgium has maintained a national population register that details births deaths marriages and household structures and all movements within 1 commune from 1 commune to another and movements between states. 2) When a Belgian citizen leaves for a foreign destination with the intention of settling there his name is struck from the registers. 3) To enter Belgian territory the alien must possess the documents required under bilateral agreements between Belgium and each of the states concerned. Generally the alien must obtain a visa to his passport from 1 of the diplomatic or consular offices of Benelux before entering Belgium. The alien must have sufficient means of subsistence to avoid being considered in need. He must not be listed as an undesirable alien in Belgium he must not have been convicted of a crime and he must not constitute a danger to public order or national security The alien also should not have been expelled from Belgium less than 10 years earlier. 4) Absence from Belgium and the right to return is granted to aliens holding a valid certificate of enrollment or a settlement card. 5) Any individual who has reason to fear persecution can obtain refugee status; his stay is protected until his application is declared to be unfounded by the High Commission. 6) The National Statistical Institute issues various types of data from which international population movements can be identified. The 2 main sources of these statistics are the population censuses held every 10 years and the annual demographic statistics. 7) In 1967 the Belgian Council of Ministers authorized the setting up of the National Register a computerized and centralized population register that is the most important source of demographic information. Law requires that residents provide to the database their names and surnames main residence address profession nationality civil status composition of the household place and date of birth and place and date of death.

Modelisation de l'influence meteorologique sur la formation des sulfates atmospheriques en Belgique

The study of the formation processes of atmospheric sulfates is a complex theoretical problem in view of the large number of variables intervening in the process and the close links between these variables. A possible approach is the introduction of acceptable simplifications within well-determined limits in order to isolate and study the influences of a reduced number of parameters. It has been calculated using factor analysis to what extent local sources can be ignored and the Belgian territory can be considered as being uniformly exposed to the same amount of sulfate deposition. A simple empirical model permits us to demonstrate the effect of meteorological parameters, in particular wind direction, temperature and atmospheric stability. The model uses the three meteorological parameters and deliberately ignores ambient temporal and spatial variations in SO 2. As tests on the data collected over a period of one year produced very encouraging results, the model can be the base for a more elaborate study of the formation processes of sulfates in our regions.

The accessibility of nodes in the Belgian road network

This paper presents an analysis of the accessibility of nodes in the Belgian road network. The intersection of roads are considered as the nodes and their connecting roads as the edges of a network. By means of the Dijkstra algorithm accessibility values are computed for each node by summing shortest travel times to a reference system of 158 nodes spread evenly over the Belgian territory. A comparison of the measured actual accessibility with that determined from an optimal situation provides an indication of the quality of directness of the Belgian road system. Accessibility and directness are shown cartographically. An isochronal map illustrates the access to Brussels.

A Comparative Study of Legislation and Customary Law Courts in the French, Belgian and Portuguese Territories in Africa

A Comparative Study of Legislation and Customary Law Courts in the French, Belgian and Portuguese Territories in Africa

Schafer v. Office des Séquestres.

War — Effects of Outbreak of — On Enemy Property — The Law of Belgium — Property of Enemy Nationals Resident on Belgian Territory — Rights of Heirs Not Resident on Belgian Territory.

Mommer and Others v. Renerken.

648Belligerent Occupation — Powers and Functions of the Occupant — Judicial Functions — Divorce Pronounced by German Court in Annexed Belgian Territory — Validity of

Belgian State (Minister of Public Works and Reconstruction) v. Maréchal.

Diplomatic Privileges and Immunities — Diplomatic Premises — Exterritoriality of Embassy — Whether Belgian Embassy in Berlin Part of Belgian Territory

Tribal and trade languages

SYNOPSIS Kituba of the southwest Belgian Congo originated as a highly simplified form of Kikongo used in inter‐tribal communication and in dealings with early European traders, explorers, etc. The spread of Kituba as a second language to speakers of many mutually unintelligible tribal languages accompanied the expansion of commerce and industry, and approximately 3 million people now speak it in Belgian and French territory. To‐day, however, many thousands of Africans speak only Kituba and no other tribal language. This development of Kituba into a fully fledged language has been marked by a rapid expansion of its vocabulary and the elaboration of its morphological and syntactical structure. In contrast with the rise of Kituba, however, is the decline of Bulu, a trade language of the French Cameroun. This decline is attributable primarily to the growing ethnic self‐consciousness of tribes for whom Bulu had previously been the medium of education, religious instruction and commerce. The emergence and growt...

Science in African International Relations

M /[ANY of the recent international developments in Africa have at least some of their origins in Lord Hailey's An African Survey, a work in which it was my privilege to participate. Since publication of the Survey and its companion volumes 1 in I938 the pace of development in Africa has greatly accelerated, so much so that, in the scientific and technical spheres, it might be claimed that more has happened in most parts of Africa since that publication than in the whole period before. While this renders the Survey out of date in some particulars, it gives it at the same time an increasing historical value. The Colonial Development and Welfare Acts of the United Kingdom Government have been a stimulus during the last seven or eight years to developments in the British Colonial territories. Similar activities have taken place in the parts of Africa responsible to other Powers, in the French, Belgian, and Portuguese territories as well as in the Union of South Africa and Southern Rhodesia. Underlying these various stages and processes of development there has been a persistent idea that some form of integration of effort between the various parts of the continent and the Powers responsible for them would be of assistance to all. It was felt that this might go a long way towards bringing this vast and diverse continent into some form of cohesion whereby it might become a bulwark for peace. It is, however, only in the past year or two that the process of integrating ideas from different parts of the continent has reached the stage of establishing a formal system. Such international activity is concerned at present with scientific and technical subjects more than with the economic or political subjects. The reason is not far to seek. Science in Africa today is not usually contentious and it provides the background for development concerning which the diverse and conflicting interests can reach agreement more readily than on the immediate foreground. There are still subjects of immense importance in Africa on which it is difficult for different countries to agree. Policy in relation to the many racial groups, which have made their homes in Africa during the course of history, is an obvious example. But there are numerous other subjects in which agreement is easier, and there have been plenty of occasions in the past few years when groups of specialists from many countries of Africa have sat round a table to discuss problems, have found common 1 S. Herbert Frankel, Capital Investment in Africa; E. B. Worthington, Science in Africa. (Oxford University Press for R.I.I.A.)

Animaux protégés au Congo Belge et dans le territoire sous mandat du Ruanda-Urundi

THIS work is the second edition of what is in effect a guide to the protected mammals and birds of Africa, as well as a handbook of Nature preservation in the Belgian Congo. More than two hundred pages of it are taken up, often with considerable waste of space, by the proclamations, laws and local by-laws which govern field sports, Nature conservation and national parks in Belgian territory. The remaining three hundred pages constitute a guide to the protected species of mammals and birds (and one fish), designed to provide the traveller and sportsman with a means of identification ; together with brief notes on distribution, habitat and habits. Much detailed and more technical information, such as particulars of sub-species and local forms, is appended in a valuable series of footnotes. The book displays a curious formality and inelasticity of treatment. Thus, dichotomous keys are provided throughout. Since practically all the species of large herbivores are protected, the keys concerned with these groups are distinctly useful. But, when we come to the birds, only a very small, seemingly haphazardly chosen, proportion of the total avifauna is preserved, so that the keys to this group are of relatively little value. Animaux proteges au Congo Belge et dans le territoire sous mandat du Ruanda-Urundi Par S. Frechkop, en collaboration avec G. F. de Witte, J. P. Harroy et E. Hubert. Pp. xxi + 469. (Bruxelles: Institut des Pares nationaux du Congo Belge, 1941.)