History shows that NGOs activity in the international arena has grown steadily since the beginning of the 20th century, accelerating its pace after the enactment of the UN Charter, which admitted... Show moreHistory shows that NGOs activity in the international arena has grown steadily since the beginning of the 20th century, accelerating its pace after the enactment of the UN Charter, which admitted pluralism not only between States, but also beyond States, because it acknowledged that individuals could interact with the United Nations not only through governmental organizations but also through non-governmental organizations. In NGOs: legitimate subjects of International Law, Eduardo Szazi presents a methodical appraisal of the role of NGOs in the contemporary world, addressing their main characteristics under each of the sources of international law, as well some pressing questions about the legitimacy deficit of States and Intergovernmental Organizations in the 21st century Show less
On New Year's Eve 2001, fourteen youngsters were killed and more than two hundred got injured by a fire in a bar in the municipality of Volendam in the Netherlands.After this tragic event, the... Show moreOn New Year's Eve 2001, fourteen youngsters were killed and more than two hundred got injured by a fire in a bar in the municipality of Volendam in the Netherlands.After this tragic event, the Dutch government intensified the administrative law enforcement of the fire safety regulation, especially in the catering industry. From an economic and social perspective important questions can be raised on this response to the 'Volendam disaster'.Are the costs and benefits of enforcement properly balanced? What effects on compliance can be expected from administrative law enforcement? Is private enforcement by liability claims of victims considered as an alternative? The main question of this thesis is:What is an effective and efficient enforcement policy for fire safety in the catering industry? In particular, this thesis discusses whether the use of informal, cooperative enforcement through warnings, persuasion and advice (a so called compliance strategy) is effective in inducing compliance with the fire safety regulation.The standard economic model of compliance and enforcement stresses the importance of immediately punishing individuals and firms for non-compliance (a deterrence strategy). In practice many administrative law enforcement officials do not impose the strict sanctions economists promote. 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. Definite conclusions on the optimal enforcement policy can only be drawn by analyzing the actual data.Therefore, part II of this thesis analyzes which enforcement policy is effective and efficient 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.The benefits and costs of the enforcement efforts after the Volendam disaster 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. This is a volume in the series of the E.M. Meijers Institute for Legal Research of the Faculty of Law at Leiden Show less
How law can aid development has been the focus of much recent discussion among development workers, scholars and policy makers. Indeed, reforms to improve poor people's access to justice and to... Show moreHow law can aid development has been the focus of much recent discussion among development workers, scholars and policy makers. Indeed, reforms to improve poor people's access to justice and to promote their legal empowerment comprise the latest trend in legal development cooperation. This volume answers a number of basic questions about this new trend, such as access to justice and legal empowerment entail and its importance; the obstacles the poor and marginalised face in seeking justice and empowerment through the legal system; and the reforms proposed by these approaches to legal development co-operation. Furthermore, it outlines important considerations for policymakers concerning access to justice and legal empowerment reforms Show less
Over the last decades, some non-oeCD countries such as Brazil, Indonesia, Colombia, Mexico, India and China have been rapidly industrializing. While this has had positive effects on economic growth... Show moreOver the last decades, some non-oeCD countries such as Brazil, Indonesia, Colombia, Mexico, India and China have been rapidly industrializing. While this has had positive effects on economic growth, it has also caused pollution with severe effects on the natural environment, human health, and global climate change. In response to the new pollution threat, most of the industrializing economies have installed pollution prevention and control regulations, and implementing institutions. In practice, however, the regulations often fail to achieve the desired results. Violations of the law remain pervasive, and enforcement reactions against violations of the law are often ineffective. This Research and Policy Note explains why the regulation of pollution in these countries is so difficult, by looking at several aspects of pollution regulation frameworks, for instance the obstacles to effective law enforcement, effective enforcement strategies in creating compliance in industrializing economies, and the role of local communities, markets and politics. Show less
