60 Am. J. Int'l L. 303 (1966)
Legal Aspects of Pirate Broadcasting; Van Panhuys, H. F. ; Van Emde Boas, Menno J.

handle is hein.journals/ajil60 and id is 317 raw text is: LEGAL ASPECTS OF PIRATE BROADCASTING
A DUTCH APPROACH
By H. F. VAN PANu       s
Professor of Iternational Law at the University of Leyden
AND
M    NO J. VAN EMDE BoAs
Lecturer in Internationat Law at the University of Leyden
1. INTRODUCTION *
Modern science and technology have produced and will continue to pro-
duce new phenomena calling for new rules of law. Among these phe-
nomena are the so-called pirate broadcasting stations, moored or in-
stalled outside territorial waters so as to escape the control of states. This
new phenomenon has made its appearance in particular in Northwest
Europe. It is natural, then, that states whose interests are actually or
potentially adversely affected by such stations should contemplate what
measures of protection are possible in fact and permissible in law.
The Netherlands Government had to deal with specific problems. First,
it was confronted with the Veronica, a ship of unknown registry, anchored
off Scheveningen, just outside Dutch territorial waters. It has broadcast to
Holland on 192 m. since 1959. It is operated by a Dutch company, which
as far as can be ascertained, is run mainly by people of Dutch nationality.
Pending the negotiation, under the auspices of the Council of Europe, of
the Convention on Pirate Broadcasting, which was eventually concluded on
January 20, 1965, the Dutch Government has so far refrained from taking
any unilateral measures against this station.-
Secondly, The Netherlands enjoyed the dubious privilege of being the
first country to have off its coast a radio and television broadcasting station.
This station, called Radio and TV Noordzee, was being operated from an
artificial structure erected on the seabed off Noordwijk, just beyond the
three-mile limit of Dutch territorial waters. The installation was built by
a Dutch private company, the Beclame Exploitatie Maatschappij (R.E.M.),
which also operated the broadcasting. It was publicly stated by the
* Abbreviations: BijL, Bifjagem (Annexes to the Handelingen); Handelingen I or
II, Proceedings of the States-General, First or Second Chamber; I.T.C., International
Telecommunication Convention; M.v.A., Memorie van Antwoord (Memorandum of Re-
ply); M.v.T., Memorie van, Toelihting (Explanatory Memorandum); R.R., Radio
Regulations; V.V., Voorlopig Verslag (Provisional Report).
1 See p. 326 below; of. statements by the Netherlands Government, Handelingen II,
1963-64, p. 62; M v.A., Handelingen II, BijL, 1963-64, 7643, No. 7, at 15 (second
column); Handelingen II, 1964-65, p. 82 (second column). The Government hesitated
for some time before signing the convention, even after it had been agreed upon,
Handelingen I, 1964-65, p. 163.

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