The Hague increasingly ignores international agreements. Belgian authorities recently told media that their neighbour is failing with regard to the Scheldt Treaty. “The Dutch Government believes that these treaties are first and foremost intended for others and not themselves.”

The decision from The Hague to not flood polders from the Western Scheldt estuary is just one example. The de-poldering was part of the conditions of the laboriously established Scheldt Treaty with Belgium. The European Commission has now rebuffed The Hague for not upholding their agreement. 

Previously, the Netherlands had bluffed and lost in the battle over the ‘Iron Rhine’ (IJzeren Rijn). The freight railway connects Antwerp in Belgium with the Ruhr region of Germany crossing a narrow strip of the Netherlands. The Belgians gained the right to modernise the track, having appealed to a treaty from 1839. 

The Netherlands saw the exploitation of its own, brand new rail link to the Ruhr region in danger and raised a series of objections. After arbitration, The Hague was forced to pay to restore the Belgian railway. 

But that is not where the criticism ends. When it comes to international treaties on women’s rights and refugee law, the Netherlands looks to be increasingly imposing limits or flatly ignoring its agreements, says Cees Flinterman, professor of international law. 

Women excluded 
For years, Professor Flinterman has been disturbed by the fact the Dutch right-wing religious party, SGP may exclude women and still receive government grants. The small Christian party’s practice is in conflict with international conventions against gender discrimination. It is an opinion held by even the highest court in the Netherlands. 

But the government awaits a ruling in an appeal from the SGP in the European Court of Human Rights. It is a decision that could take up to four years. That the current minority government depends partly on the support of the SGP seems hardly a coincidence, says Flinterman. 

Welfare
The Netherlands also acts in violation of international treaties with regard to social legislation. The International Labour Organization (ILO) recently gave The Hague a slap on the wrist because the government refuses to pay welfare to workers who have less than 35 percent disability. 

Damage to reputation
With the strengthening of Dutch asylum policy, the government is repeatedly clashing with international treaties. Marcel Brus, professor of international public law, is particularly concerned about the damage this does to the Netherlands’ reputation. 

"I think this government is very focused on the Netherlands, but sometimes loses sight of the Netherlands as only a very small country. And that as a small country, it is important that we respect international agreements, whether they be worldwide or regional.”

Large and powerful countries can afford to sometimes lose sight of international agreements. But the Netherlands benefits greatly from a strong international rule of law, and threatens to isolate itself internationally if it turns even more inward, Brussels fears. 

Barrier decision 
The Hague is not completely deaf to these warnings. Initially, the current government threatened the Rhine treaty by ignoring its agreement with the upstream Rhine countries Germany, France and Switzerland. In the treaty, the Netherlands had promised to leave the Haringvliet barrier ajar to allow for a better connection to the open sea. The barrier protects a wide estuary in the lower Rhine delta from sea floods.

The government almost gave in to pressure from angry Dutch farmers who were worried about a salination of their land. But entering a conflict with neighbouring countries was too much for the government. The locks were thus left open, just a crack, to satisfy both the Rhine treaty and the farmers. A crack which, at the same time, is like a door The Hague left ajar to the outside world.

(lo/rk)