This research analyses to what extent China is achieving decent work based on a case study of decent working time. The word ‘achieving’ underlines that China is still in the process of securing... Show moreThis research analyses to what extent China is achieving decent work based on a case study of decent working time. The word ‘achieving’ underlines that China is still in the process of securing this aim. This research builds on a mixed methodology of case study, historical analysis, content analysis, structured critical analysis, and comparative law. The findings show that the development goal of decent work has not been achieved in China, but there are some significant developments. Particularly, many labour standards with regard to workers’ health and safety have markedly been intensified and increased, as have the making and enforcement of Chinese labour laws, which both are signals that China has created an environment receptive to further reform and development on its path to achieving decent work. Show less
De EU heeft Polen financiële sancties opgelegd wegens problemen met de onafhankelijkheid van de rechterlijke macht. De sancties bedragen meer dan € 300 miljoen en het bedrag blijft groeien. Hoe... Show moreDe EU heeft Polen financiële sancties opgelegd wegens problemen met de onafhankelijkheid van de rechterlijke macht. De sancties bedragen meer dan € 300 miljoen en het bedrag blijft groeien. Hoe worden de sancties door de Poolse bevolking ervaren? Worden ze als gerechtvaardigd en aanvaardbaar beschouwd? Show less
Toshkov, D.D.; Mazepus, H.; Yordanova, N.; Piqani, D. 2022
The EU has imposed financial sanctions on Poland for problems with judicial independence. The sanctions amount to more than €300 mill., and the sum continues to grow. How are the sanctions... Show moreThe EU has imposed financial sanctions on Poland for problems with judicial independence. The sanctions amount to more than €300 mill., and the sum continues to grow. How are the sanctions perceived by the Polish population? Are they considered justified and acceptable, and by whom? Show less
There are approximately 400 companies in the Netherlands that handle large quantities of hazardous substances (Brzo companies). They pose a major risk of damage to people, the environment, movable... Show moreThere are approximately 400 companies in the Netherlands that handle large quantities of hazardous substances (Brzo companies). They pose a major risk of damage to people, the environment, movable and immovable property. Since 1945 there have been 172 dead and 1719 wounded in the Netherlands.The government has a responsibility to ensure that the Brzo companies comply with legislation and regulations (compliance). Important instruments that the government can use are legislation, supervision and enforcement.In order to determine the current state of the quality of the government's implementation of this task, a study was conducted with the central research question: Is the quality of the current supervision and enforcement by the government such that the companies large quantities of hazardous substances are brought into compliance with legislation and regulations? A qualitative case study was chosen among five collaborating government supervisors. Document analysis and semi-structured interviews were used as research methods in these cases. A conceptual model has been drawn up.The study leads to the conclusion that Brzo supervision is in order quantitatively, but is sub-optimal in terms of quality. Show less
García-Muñoz Alhambra, A.; Haar, B.P. ter; Kun, A. 2020
The paper explores how to integrate a Transnational Labour Inspectorate (‘TLI’) dealing with transnational private instruments of Multinational Enterprises (‘MNEs’) into the International Labour... Show moreThe paper explores how to integrate a Transnational Labour Inspectorate (‘TLI’) dealing with transnational private instruments of Multinational Enterprises (‘MNEs’) into the International Labour Organization (‘ILO’). After exploring monitoring initiatives with roots in public international organizations, we will argue that from an international law perspective on international legal personality such activities can be justified. Under the qualification of ‘subject normation’, as we dub these activities, we will argue that the ILO is the best situated locus to embed a system to inspect commitments MNEs voluntary adhere to in their CSR strategies, including Global Framework Agreements. Finally, we explain how the TLI as we envisage it could fit within the existing system of enforcement and compliance monitoring of the ILO. Show less
RECOMMENDATION: Increase the universal acceptance of international justice institutions, in particular the International Court of Justice (ICJ) and the International Criminal Court (ICC). Moreover,... Show moreRECOMMENDATION: Increase the universal acceptance of international justice institutions, in particular the International Court of Justice (ICJ) and the International Criminal Court (ICC). Moreover, increase their enforcement powers, preserve their independence, and enhance their resilience against political pressures. Show less
The research considers structures and practices of regulatory inspections and enforcement, and particularly the relevance and effects of purported “smarter inspections” methods, e.g. risk... Show more The research considers structures and practices of regulatory inspections and enforcement, and particularly the relevance and effects of purported “smarter inspections” methods, e.g. risk-based ones, and how they compare with previously existing practices. Specifically, it considers efficiency and effectiveness of inspections in terms of achieving public welfare, and their economic impact. The first part considers the history of regulatory inspections and how specific inspection institutions started to appear from the 19th century onwards. Of particular interest is how path dependency resulted in important differences in structures and methods between different fields and countries, and how these in turn produced different effects for the public. The second part looks at existing research on the interconnected issues of regulatory compliance drivers, regulatory discretion and risk and regulation. It concludes to the importance of combining several compliance drivers to achieve better results, to the appropriateness of structuring discretion in inspections and enforcement, and to the adequacy of “risk” as an instrument to do so. The third part looks at several case studies (in particular occupational safety and health in Britain and Germany) to consider whether risk-based, ‘smart’ approaches effectively deliver better results with lower burden, and tentatively concludes to the affirmative. Show less
The law of the European Union requires effective enforcement of EU policy, for which criminal law can, and sometimes must be used. This means that the scope of policy freedom that criminal law... Show moreThe law of the European Union requires effective enforcement of EU policy, for which criminal law can, and sometimes must be used. This means that the scope of policy freedom that criminal law authorities can utilize, varies dependent on the applicable legal context. The principle of expediency, which gives the Public Prosecution Service the authority to drop cases conditionally or unconditionally, should be interpreted in a differentiated way, leaving more room for policy choices in certain areas and less in areas where European interests are particularly important. Show less
What is an effective and efficient enforcement policy for fire safety in the catering industry? When and why is an informal, cooperative enforcement style through warnings, persuasion and advice (a... Show moreWhat is an effective and efficient enforcement policy for fire safety in the catering industry? When and why is an informal, cooperative enforcement style through warnings, persuasion and advice (a so called compliance strategy) effective in inducing compliance with the fire safety regulation? The standard economic model of enforcement stresses the importance of immediately punishing individuals and firms for non-compliance (a deterrence strategy). Part I of this thesis analyzes the economic literature to discuss whether and when a compliance strategy can be beneficial. It discusses which enforcement method (private, administrative or criminal) is effective and efficient to enforce safety standards. Part II of this thesis analyzes the optimal enforcement policy for the case of fire safety in the catering industry in the Netherlands. Enforcement officials have been interviewed to examine the use of a compliance strategy in practice. The benefits and costs of the enforcement efforts of the past years are estimated to see whether these efforts have been a desirable investment. Also, the compensation of the victims of the Volendam disaster is investigated to analyze the incentive to take precautions. Finally, a simulation of different enforcement policies in a representative municipality examines which policy is efficient. Show less
The rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is... Show moreThe rights, rules and regulations of international space law are futile without an effective enforcement mechanism that provides a sufficient and adequate remedy. International space law is particularly significant in the evolution of international dispute settlement because it involves a consideration of issues from an international and interdisciplinary perspective. These issues range from global governance to juridical philosophies, fiscal transparency to scientific and technological advances, In this context, this thesis looks at an international and interdisciplinary approach in dealing with dispute resolution in space activities. It proposes the concept of the Multi-Door Courthouse as a workable dispute settlement mechanism, together with a framework for enforcement and verification. Show less
Since the second half of the 1990s, the Chinese government has made an intensive effort to control ongoing natural resource losses. In order to curb the loss of arable land and the environmental... Show moreSince the second half of the 1990s, the Chinese government has made an intensive effort to control ongoing natural resource losses. In order to curb the loss of arable land and the environmental destruction caused by air and water pollution, central level leadership amended existing legislation, making it stricter and more specific. In addition, the centre organized enforcement campaigns to overcome local resistance against the implementation of the amended laws. In an effort to understand the effects these changes had at the local level, this book details how they influenced compliance with natural resource legislation at Lake Dianchi in Yunnan province. This book combines local case studies with theories about lawmaking, compliance, and enforcement, derived from Western and non-Western contexts. Doing so, it offers a unique body of empirical and theoretical knowledge for those interested in how law functions in China, as well as those interested in the workings of regulatory lawmaking, compliance, and enforcement in a comparative perspective Show less
