Opinion article, published in the Medium-group WonkBridge, an international students think tank o... more Opinion article, published in the Medium-group WonkBridge, an international students think tank on technology. This article advocates that throughout history, technological advancement has always caused social changes and increased connections with other people and places. The current digital revolution and the subsequent globalisation fits in this trend, however, large groups of people are unable to enjoy the benefits of globalisation, as people's attitudes and other systematic frameworks are not adjusted to the new realities.
LLM thesis, April 2017, University of Groningen, International and European Law. Supervisor Prof.... more LLM thesis, April 2017, University of Groningen, International and European Law. Supervisor Prof.Dr. L.W. Gormley.
Abstract:
This thesis first shows that protected 'Indications of Geographical Origin' (IGOs) are obstacles to the free movement of goods within the EU internal market, which the CJEU justifies on the basis of the protection of Industrial and Commercial Property. However, this thesis argues that this is an incorrect basis, by comparing the American and European approach to agriculture and intellectual property in general, and by arguing that in the European system of protection, IGOs cannot be treated as intellectual property, but should be regarded as public policy.
This article appeared in the journal (Opinio Iuris) of study society VINTRES, for International a... more This article appeared in the journal (Opinio Iuris) of study society VINTRES, for International and European Law. Cite: Berendsen, N.L., ‘German Question: Bundesrepublik Deutschland or Deutsches Reich?’, Opinio Iuris, Vol.25, No. 2, April 2016, Groningen. Abstract: After WW II two German states were created (Federal Republic of Germany and the German Democratic Republic). However, the internal legal person (state) German Reich (Deutsches Reich/Weimar Republic) continued to exist as a layer underneath the two German Republics. The Federal Constitutional Court ruled in 1973 that the FRG is possesses the same legal personality as the German Reich, yet it does not control all of its territory. Therefore, the GDR, which control the other part of the territory, is not to be regarded as a foreign entity. Both the FRG and GDR shared a single German nationality law. Both republics were regarded as temporary entities, until the German Reich, the state that represents all of the German population, was restored. This restoration has not happened yet, because the reunification of Germany was not necessarily a merger on equal grounds, but rather an accession of the GDR to the Basic Law (constitutional document) of the FRG. Until the Basic Law is repealed, the German Reich will not be fully restored. However, this does not mean that there is a legal obligation for the Basic Law to be repealed. The claim that Article 146 Basic Law provides this obligation is false. Nor is there a legitimate claim on the Eastern Territories, because the ‘reunified Germany’ has always been defined by people, rather than territory. And since the Germans were expelled from the Eastern Territories, the FRG represents ‘all’ Germans. The problem with unique constitutional constellations is that they are often hijacked by conspiracy theorists and in this case the extreme right. One must be cautious of people who doubt the legitimacy of the establishment (the FRG) and who manipulate information for their own interests.
Bachelor thesis, July 2015, University of Groningen, International and European Law. Supervisor D... more Bachelor thesis, July 2015, University of Groningen, International and European Law. Supervisor Dr. T Nowak.
This article, written in Dutch, appeared in the journal (Marckrant) of study society Frederik van... more This article, written in Dutch, appeared in the journal (Marckrant) of study society Frederik van der Marck, for Constitutional and Administrative Law.
Cite: Berendsen, N.L., ’Opinie: Provinciale Vertegenwoordiging in de Eerste Kamer’, Marckrant, Vol.22, No. 2, April 2015, pp.8-17.
Abstract:
The Dutch Senate, commonly known as the ’First Chamber’, is increasingly becoming political. However, this is a characteristic of the ’Second Chamber’, while the Senate is supposed to fulfill an supervisory role, checking the quality and constitutionality of legislation, in order to protect the country from decisions driven by political interests and the urge to be reelected. Now that the First Chamber is also becoming a political chamber, the legitimacy of its existence is challenged more and more often. The author suggests a reform of the Dutch Senate, so that it consists partly of technocrats that are independent from political parties and of proper representation of the Dutch provinces, because they are losing significance, while they are the origin of the Dutch state and they are a source of identity for many people in these times of globalisation. Therefore, the provinces should be reinstated by letting them have a represented directly, rather than indirectly, in the Senate.
This article appeared in the journal (Opinio Iuris) of study society VINTRES, for International a... more This article appeared in the journal (Opinio Iuris) of study society VINTRES, for International and European Law.
Cite: Berendsen, N.L., ’The UK and the EU: interview with Dr. Nicholas Wright’, Opinio Iuris, Vol.24, No. 1, November 2014, Groningen, pp.18-22.
Abstract:
The article is based on an interview with Dr. Nicholas (Nick) Wright, at the time lecturer and researcher at the School of Politics of the University of East Anglia. The author transcribed this interview, added some comments (sometimes comparative) and turned it into an article. Dr. Wright speaks about Britain’s relationship with the EU in light of a potential Brexit. According to him, Euroscepticism has been so prevalent in the UK, because it has a tendency to still see itself as the centre of the world, despite it lost its empire more than 50 years ago. He also mentioned that the UK did not join the EU for ideological reasons and politicians and the media fail to inform the public about the EU and its functioning. He also calls on British politicians to negotiate, form alliances and make compromises every once in a while. Currently, they fail to do so and it is up to politicians to improve their political strategies, but it is also up to the public to educate themselves.
An article, written in Dutch, which appeared in the journal (Marckrant) of study society Frederik... more An article, written in Dutch, which appeared in the journal (Marckrant) of study society Frederik van der Marck, for Constitutional and Administrative Law.
about the controversy regarding the figure of 'Zwarte Piet' (Black Pete) in the Dutch tradition of Sinterklaas. This article analyses case Rb Amsterdam, 03-07-2014, AMS 13/6350, in which the district (administrative) court of Amsterdam rules that the appearance of Black Pete leads to stereotyping of black people and that the mayor of Amsterdam should have considered the interests of black people in the process of granting permission for the Sinterklaas festivities. In a comment on the judgement, the author questions the gravity of the ruling and the general effectiveness of banning a fictitious personality from a children's holiday.
An article, written in Dutch, about the constitutional position of the City of London within the ... more An article, written in Dutch, about the constitutional position of the City of London within the United Kingdom. Appeared in the journal (Marckrant) of study society Frederik van der Marck, for Constitutional and Administrative Law.
Cite: Berendsen, N.L., ‘City of London, binnenstad of binnenstaat?’, Marckrant, Vol. 21, No. 2, February 2014, Groningen, pp.22-35.
Abstract: The City of London is a unique body within British constitutional law. It is not an ordinary London borough, nor a county, nor a county. It is a sui generis public body with special privileges, a position that finds its origins in the time of William the Conqueror and in Article 9 Magna Carta 1297 (Article 1 Magna Carta 1215). However, unlike what some people claim, the City of London is not a secret independent city state. This is because of the City's dependence on Parliament, as most of the privileges are either conferred on it, delegated to it or codified by Acts of Parliament, including the voting system and its tax policy.
Opinion article, published in the Medium-group WonkBridge, an international students think tank o... more Opinion article, published in the Medium-group WonkBridge, an international students think tank on technology. This article advocates that throughout history, technological advancement has always caused social changes and increased connections with other people and places. The current digital revolution and the subsequent globalisation fits in this trend, however, large groups of people are unable to enjoy the benefits of globalisation, as people's attitudes and other systematic frameworks are not adjusted to the new realities.
LLM thesis, April 2017, University of Groningen, International and European Law. Supervisor Prof.... more LLM thesis, April 2017, University of Groningen, International and European Law. Supervisor Prof.Dr. L.W. Gormley.
Abstract:
This thesis first shows that protected 'Indications of Geographical Origin' (IGOs) are obstacles to the free movement of goods within the EU internal market, which the CJEU justifies on the basis of the protection of Industrial and Commercial Property. However, this thesis argues that this is an incorrect basis, by comparing the American and European approach to agriculture and intellectual property in general, and by arguing that in the European system of protection, IGOs cannot be treated as intellectual property, but should be regarded as public policy.
This article appeared in the journal (Opinio Iuris) of study society VINTRES, for International a... more This article appeared in the journal (Opinio Iuris) of study society VINTRES, for International and European Law. Cite: Berendsen, N.L., ‘German Question: Bundesrepublik Deutschland or Deutsches Reich?’, Opinio Iuris, Vol.25, No. 2, April 2016, Groningen. Abstract: After WW II two German states were created (Federal Republic of Germany and the German Democratic Republic). However, the internal legal person (state) German Reich (Deutsches Reich/Weimar Republic) continued to exist as a layer underneath the two German Republics. The Federal Constitutional Court ruled in 1973 that the FRG is possesses the same legal personality as the German Reich, yet it does not control all of its territory. Therefore, the GDR, which control the other part of the territory, is not to be regarded as a foreign entity. Both the FRG and GDR shared a single German nationality law. Both republics were regarded as temporary entities, until the German Reich, the state that represents all of the German population, was restored. This restoration has not happened yet, because the reunification of Germany was not necessarily a merger on equal grounds, but rather an accession of the GDR to the Basic Law (constitutional document) of the FRG. Until the Basic Law is repealed, the German Reich will not be fully restored. However, this does not mean that there is a legal obligation for the Basic Law to be repealed. The claim that Article 146 Basic Law provides this obligation is false. Nor is there a legitimate claim on the Eastern Territories, because the ‘reunified Germany’ has always been defined by people, rather than territory. And since the Germans were expelled from the Eastern Territories, the FRG represents ‘all’ Germans. The problem with unique constitutional constellations is that they are often hijacked by conspiracy theorists and in this case the extreme right. One must be cautious of people who doubt the legitimacy of the establishment (the FRG) and who manipulate information for their own interests.
Bachelor thesis, July 2015, University of Groningen, International and European Law. Supervisor D... more Bachelor thesis, July 2015, University of Groningen, International and European Law. Supervisor Dr. T Nowak.
This article, written in Dutch, appeared in the journal (Marckrant) of study society Frederik van... more This article, written in Dutch, appeared in the journal (Marckrant) of study society Frederik van der Marck, for Constitutional and Administrative Law.
Cite: Berendsen, N.L., ’Opinie: Provinciale Vertegenwoordiging in de Eerste Kamer’, Marckrant, Vol.22, No. 2, April 2015, pp.8-17.
Abstract:
The Dutch Senate, commonly known as the ’First Chamber’, is increasingly becoming political. However, this is a characteristic of the ’Second Chamber’, while the Senate is supposed to fulfill an supervisory role, checking the quality and constitutionality of legislation, in order to protect the country from decisions driven by political interests and the urge to be reelected. Now that the First Chamber is also becoming a political chamber, the legitimacy of its existence is challenged more and more often. The author suggests a reform of the Dutch Senate, so that it consists partly of technocrats that are independent from political parties and of proper representation of the Dutch provinces, because they are losing significance, while they are the origin of the Dutch state and they are a source of identity for many people in these times of globalisation. Therefore, the provinces should be reinstated by letting them have a represented directly, rather than indirectly, in the Senate.
This article appeared in the journal (Opinio Iuris) of study society VINTRES, for International a... more This article appeared in the journal (Opinio Iuris) of study society VINTRES, for International and European Law.
Cite: Berendsen, N.L., ’The UK and the EU: interview with Dr. Nicholas Wright’, Opinio Iuris, Vol.24, No. 1, November 2014, Groningen, pp.18-22.
Abstract:
The article is based on an interview with Dr. Nicholas (Nick) Wright, at the time lecturer and researcher at the School of Politics of the University of East Anglia. The author transcribed this interview, added some comments (sometimes comparative) and turned it into an article. Dr. Wright speaks about Britain’s relationship with the EU in light of a potential Brexit. According to him, Euroscepticism has been so prevalent in the UK, because it has a tendency to still see itself as the centre of the world, despite it lost its empire more than 50 years ago. He also mentioned that the UK did not join the EU for ideological reasons and politicians and the media fail to inform the public about the EU and its functioning. He also calls on British politicians to negotiate, form alliances and make compromises every once in a while. Currently, they fail to do so and it is up to politicians to improve their political strategies, but it is also up to the public to educate themselves.
An article, written in Dutch, which appeared in the journal (Marckrant) of study society Frederik... more An article, written in Dutch, which appeared in the journal (Marckrant) of study society Frederik van der Marck, for Constitutional and Administrative Law.
about the controversy regarding the figure of 'Zwarte Piet' (Black Pete) in the Dutch tradition of Sinterklaas. This article analyses case Rb Amsterdam, 03-07-2014, AMS 13/6350, in which the district (administrative) court of Amsterdam rules that the appearance of Black Pete leads to stereotyping of black people and that the mayor of Amsterdam should have considered the interests of black people in the process of granting permission for the Sinterklaas festivities. In a comment on the judgement, the author questions the gravity of the ruling and the general effectiveness of banning a fictitious personality from a children's holiday.
An article, written in Dutch, about the constitutional position of the City of London within the ... more An article, written in Dutch, about the constitutional position of the City of London within the United Kingdom. Appeared in the journal (Marckrant) of study society Frederik van der Marck, for Constitutional and Administrative Law.
Cite: Berendsen, N.L., ‘City of London, binnenstad of binnenstaat?’, Marckrant, Vol. 21, No. 2, February 2014, Groningen, pp.22-35.
Abstract: The City of London is a unique body within British constitutional law. It is not an ordinary London borough, nor a county, nor a county. It is a sui generis public body with special privileges, a position that finds its origins in the time of William the Conqueror and in Article 9 Magna Carta 1297 (Article 1 Magna Carta 1215). However, unlike what some people claim, the City of London is not a secret independent city state. This is because of the City's dependence on Parliament, as most of the privileges are either conferred on it, delegated to it or codified by Acts of Parliament, including the voting system and its tax policy.
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Papers by Niek Berendsen
This document is a pdf print of the article found on Medium, URL: https://medium.com/wonk-bridge/global-identity-crisis-the-inability-to-cope-with-the-changing-world-9956c654ccfb
Abstract:
This thesis first shows that protected 'Indications of Geographical Origin' (IGOs) are obstacles to the free movement of goods within the EU internal market, which the CJEU justifies on the basis of the protection of Industrial and Commercial Property. However, this thesis argues that this is an incorrect basis, by comparing the American and European approach to agriculture and intellectual property in general, and by arguing that in the European system of protection, IGOs cannot be treated as intellectual property, but should be regarded as public policy.
Cite: Berendsen, N.L., ’Opinie: Provinciale Vertegenwoordiging in de Eerste Kamer’, Marckrant, Vol.22, No. 2, April 2015, pp.8-17.
Abstract:
The Dutch Senate, commonly known as the ’First Chamber’, is increasingly becoming political. However, this is a characteristic of the ’Second Chamber’, while the Senate is supposed to fulfill an supervisory role, checking the quality and constitutionality of legislation, in order to protect the country from decisions driven by political interests and the urge to be reelected. Now that the First Chamber is also becoming a political chamber, the legitimacy of its existence is challenged more and more often. The author suggests a reform of the Dutch Senate, so that it consists partly of technocrats that are independent from political parties and of proper representation of the Dutch provinces, because they are losing significance, while they are the origin of the Dutch state and they are a source of identity for many people in these times of globalisation. Therefore, the provinces should be reinstated by letting them have a represented directly, rather than indirectly, in the Senate.
Cite: Berendsen, N.L., ’The UK and the EU: interview with Dr. Nicholas Wright’, Opinio Iuris, Vol.24, No. 1, November 2014, Groningen, pp.18-22.
Abstract:
The article is based on an interview with Dr. Nicholas (Nick) Wright, at the time lecturer and researcher at the School of Politics of the University of East Anglia. The author transcribed this interview, added some comments (sometimes comparative) and turned it into an article. Dr. Wright speaks about Britain’s relationship with the EU in light of a potential Brexit. According to him, Euroscepticism has been so prevalent in the UK, because it has a tendency to still see itself as the centre of the world, despite it lost its empire more than 50 years ago. He also mentioned that the UK did not join the EU for ideological reasons and politicians and the media fail to inform the public about the EU and its functioning. He also calls on British politicians to negotiate, form alliances and make compromises every once in a while. Currently, they fail to do so and it is up to politicians to improve their political strategies, but it is also up to the public to educate themselves.
Cite: Berendsen, N.L., 'Hoofdpijndossier: Zwarte Piet’, Marckrant, Vol. 21, No. 3, July 2014, Groningen, pp.15-21.
Abstract:
about the controversy regarding the figure of 'Zwarte Piet' (Black Pete) in the Dutch tradition of Sinterklaas. This article analyses case Rb Amsterdam, 03-07-2014, AMS 13/6350, in which the district (administrative) court of Amsterdam rules that the appearance of Black Pete leads to stereotyping of black people and that the mayor of Amsterdam should have considered the interests of black people in the process of granting permission for the Sinterklaas festivities. In a comment on the judgement, the author questions the gravity of the ruling and the general effectiveness of banning a fictitious personality from a children's holiday.
Cite: Berendsen, N.L., ‘City of London, binnenstad of binnenstaat?’, Marckrant, Vol. 21, No. 2, February 2014, Groningen, pp.22-35.
Abstract:
The City of London is a unique body within British constitutional law. It is not an ordinary London borough, nor a county, nor a county. It is a sui generis public body with special privileges, a position that finds its origins in the time of William the Conqueror and in Article 9 Magna Carta 1297 (Article 1 Magna Carta 1215). However, unlike what some people claim, the City of London is not a secret independent city state. This is because of the City's dependence on Parliament, as most of the privileges are either conferred on it, delegated to it or codified by Acts of Parliament, including the voting system and its tax policy.
This document is a pdf print of the article found on Medium, URL: https://medium.com/wonk-bridge/global-identity-crisis-the-inability-to-cope-with-the-changing-world-9956c654ccfb
Abstract:
This thesis first shows that protected 'Indications of Geographical Origin' (IGOs) are obstacles to the free movement of goods within the EU internal market, which the CJEU justifies on the basis of the protection of Industrial and Commercial Property. However, this thesis argues that this is an incorrect basis, by comparing the American and European approach to agriculture and intellectual property in general, and by arguing that in the European system of protection, IGOs cannot be treated as intellectual property, but should be regarded as public policy.
Cite: Berendsen, N.L., ’Opinie: Provinciale Vertegenwoordiging in de Eerste Kamer’, Marckrant, Vol.22, No. 2, April 2015, pp.8-17.
Abstract:
The Dutch Senate, commonly known as the ’First Chamber’, is increasingly becoming political. However, this is a characteristic of the ’Second Chamber’, while the Senate is supposed to fulfill an supervisory role, checking the quality and constitutionality of legislation, in order to protect the country from decisions driven by political interests and the urge to be reelected. Now that the First Chamber is also becoming a political chamber, the legitimacy of its existence is challenged more and more often. The author suggests a reform of the Dutch Senate, so that it consists partly of technocrats that are independent from political parties and of proper representation of the Dutch provinces, because they are losing significance, while they are the origin of the Dutch state and they are a source of identity for many people in these times of globalisation. Therefore, the provinces should be reinstated by letting them have a represented directly, rather than indirectly, in the Senate.
Cite: Berendsen, N.L., ’The UK and the EU: interview with Dr. Nicholas Wright’, Opinio Iuris, Vol.24, No. 1, November 2014, Groningen, pp.18-22.
Abstract:
The article is based on an interview with Dr. Nicholas (Nick) Wright, at the time lecturer and researcher at the School of Politics of the University of East Anglia. The author transcribed this interview, added some comments (sometimes comparative) and turned it into an article. Dr. Wright speaks about Britain’s relationship with the EU in light of a potential Brexit. According to him, Euroscepticism has been so prevalent in the UK, because it has a tendency to still see itself as the centre of the world, despite it lost its empire more than 50 years ago. He also mentioned that the UK did not join the EU for ideological reasons and politicians and the media fail to inform the public about the EU and its functioning. He also calls on British politicians to negotiate, form alliances and make compromises every once in a while. Currently, they fail to do so and it is up to politicians to improve their political strategies, but it is also up to the public to educate themselves.
Cite: Berendsen, N.L., 'Hoofdpijndossier: Zwarte Piet’, Marckrant, Vol. 21, No. 3, July 2014, Groningen, pp.15-21.
Abstract:
about the controversy regarding the figure of 'Zwarte Piet' (Black Pete) in the Dutch tradition of Sinterklaas. This article analyses case Rb Amsterdam, 03-07-2014, AMS 13/6350, in which the district (administrative) court of Amsterdam rules that the appearance of Black Pete leads to stereotyping of black people and that the mayor of Amsterdam should have considered the interests of black people in the process of granting permission for the Sinterklaas festivities. In a comment on the judgement, the author questions the gravity of the ruling and the general effectiveness of banning a fictitious personality from a children's holiday.
Cite: Berendsen, N.L., ‘City of London, binnenstad of binnenstaat?’, Marckrant, Vol. 21, No. 2, February 2014, Groningen, pp.22-35.
Abstract:
The City of London is a unique body within British constitutional law. It is not an ordinary London borough, nor a county, nor a county. It is a sui generis public body with special privileges, a position that finds its origins in the time of William the Conqueror and in Article 9 Magna Carta 1297 (Article 1 Magna Carta 1215). However, unlike what some people claim, the City of London is not a secret independent city state. This is because of the City's dependence on Parliament, as most of the privileges are either conferred on it, delegated to it or codified by Acts of Parliament, including the voting system and its tax policy.