Article 162(2) of Book 6 of the Dutch Civil Code sets out the central concept of non-contractual liability law by providing a definition of what is deemed a tortious act. The list of different... Show moreArticle 162(2) of Book 6 of the Dutch Civil Code sets out the central concept of non-contractual liability law by providing a definition of what is deemed a tortious act. The list of different types of tortious acts concludes with the qualification: ‘except for the presence of a ground of justification’. Thus, the door to the exception to the core of non-contractual liability law has been left wide open. A fascination for this ‘escape’ incorporated in Dutch liability law was one of the motives for this dissertation. This study set out on a journey of discovery through the full breadth of non-contractual liability law, constantly viewed from the perspective of the exception to the rule. The first part of the dissertation is a general exploration of the area of research. The different types of torts are described, the concepts of justification and grounds of justification are defined and the distinction between the grounds of exculpation is provided, and a comparision with criminal law is made. The second part of the study classifies the subject matter. For this purpose, the different types of justifications are defined and divided into categories: complete, incomplete and conditional justifications. The third part of the dissertation is devoted to the principles of justification: culpa in causa and proportionality and subsidiarity. The focus of the book then shifts to the content of the justification. To that end, in the fourth part of the book justification is considered in light of wrongfulness, guilt and relativity. The fifth and final part of the dissertation deals with the legal effects of the presence of a justification: the impact on the judgements of the act and of the obligation to compensate. Show less
While consumers in the European Union (EU) are generally afforded a high level of protection, the law on air passenger rights, by example, draws debate over the cost of such protection. In the... Show moreWhile consumers in the European Union (EU) are generally afforded a high level of protection, the law on air passenger rights, by example, draws debate over the cost of such protection. In the absence of a clear definition of ‘extraordinary circumstances’ in Regulation (EC) 261/2004, the Court of Justice of the European Union (CJEU) has not always balanced consumer interests with business realities in its many preliminary rulings on interpretation of these words. Workers joined this picture in the case of Airhelp/SAS [2021], in which the CJEU held that a lawful strike by an air carrier’s own pilot unions does not amount to ‘extraordinary circumstances’. This article explores this ruling in the light of EU air passenger rights and social dialogue objectives. Show less
Using materials from three relevant archives, this article explores the 1967 Nationalisation of the banking industry in Tanzania with particular focus on the three British banks that dominated the... Show moreUsing materials from three relevant archives, this article explores the 1967 Nationalisation of the banking industry in Tanzania with particular focus on the three British banks that dominated the sector. Although it is widely agreed that prompt, adequate, and effective compensation should be paid for such nationalisations, studies in this arena have rarely focused on the contestations that impact on the definition and operationalisation of what constitutes fair compensation. This article explores the above dynamics using the Obsolescing Bargaining Power Theory. Evidence in this article suggests that the bargaining position of foreign multinational banks is stronger when they are net exporters of capital from their host countries. Also, the negotiating position of the British banks was further strengthened by the overt and covert support they received from the British Government. Show less
In 2016, the European Union adopted the Directive on damages actions, which seeks to ensure full compensation for victims who have suffered harm caused by antitrust infringement. With regard to... Show moreIn 2016, the European Union adopted the Directive on damages actions, which seeks to ensure full compensation for victims who have suffered harm caused by antitrust infringement. With regard to mass harm situations, the Directive does not include provisions on collective actions, which may have significant impact on the achievement of full compensation. Instead, the non-binding Recommendation on collective redress was adopted, which has brought hardly any development in antitrust collective litigation. The aim of this dissertation has been to assist in the development of an appropriate approach of collective redress for better achievement of full compensation. Therefore, two private antitrust enforcement models were compared: the deterrence-based in the US and the compensation-oriented in the EU. It was found that collective redress actions would contribute to achieving full compensation only if US style deterrence-based measures were allowed in the EU. However, even if the best possible collective redress mechanism was introduced, the impact on full compensation would be limited, as the achievement of this objective requires fulfilling very high standards. Nevertheless, collective actions should not be denied, because they allow vulnerable victims to defend their rights in courts, as due to the low value harm, individual litigation becomes financially irrational. Show less
Buffer zones around parks/reserves are designed to maintain ecological integrity and to ensure community participation in biodiversity conservation. We studied the fund utilization pattern of... Show moreBuffer zones around parks/reserves are designed to maintain ecological integrity and to ensure community participation in biodiversity conservation. We studied the fund utilization pattern of buffer zone programs, mitigation measures practiced, and attitudes of residents in buffer zone programs of Chitwan National Park, Nepal. The buffer zone committees spent only a small portion (13.7%) of their budget in direct interventions to reduce wildlife impacts. Human-wildlife conflicts were inversely related to investment in direct interventions for conflict prevention and mitigation. Peoples’ attitudes towards wildlife conservation were largely positive. Most of the people were aware of buffer zone programs but were not satisfied with current practices. We recommend that buffer zone funds be concentrated into direct interventions (prevention and mitigation) to reduce wildlife conflicts. Our findings will be helpful in prioritizing distribution of funds in buffer zones of parks and reserves. Show less
Today, about 1 billion people are estimated to live in ‘slums’ worldwide. This number will only grow and urban poverty worsen unless radical measures are taken. While it is generally acknowledged... Show moreToday, about 1 billion people are estimated to live in ‘slums’ worldwide. This number will only grow and urban poverty worsen unless radical measures are taken. While it is generally acknowledged in the international development debate that breaking the circle of poverty requires multiple strategies, there is renewed attention for approaches that centre on the issue of tenure security. This means landholders are protected against involuntary removal from the land on which they reside, unless through due process of law and payment of proper compensation. The prevailing approach to the provision of tenure security is land registration. And while the land registration approach currently dominates policy, there has been little research into the effects of registration, particularly in urban areas. What research has been conducted, contests the benefits of this approach. As a result, we witness increasing interest in alternative approaches which generally combine protective administrative or legal measures against eviction with the provision of basic services and credit facilities. The author describes and analyses the extent to which formal, semiformal, and informal tenure arrangements that can be found in kampongs (typical low-income settlements) in Indonesia provide tenure security to the country’s urban poor, particularly since 1998, when Indonesia embarked on an ambitious political and legal reform programme. The author reviews the current legal framework that applies to urban land tenure in Indonesia. In addition, based on rich material that was acquired through empirical research in the city of Bandung, there are a number of case studies presented in which the urban poor’s tenure security was put to the test. Finally, drawing on statistical data, the author analyses the urban poor’s perceptions regarding their tenure security and whether and, if so, how this influences their housing investment behaviour. Following this analysis, the author evaluates the socio-economic benefits of current approaches to attaining tenure security. And with these findings, there are policy suggestions and contributions to theory formation presented to further the current international development debate on tenure security. Show less
Dit boek bevat een uitvoerige studie naar het beginsel ‘égalité devant les charges publiques’, de belangrijkste rechtsgrond voor schadevergoeding bij rechtmatig overheidsoptreden (nadeelcompensatie... Show moreDit boek bevat een uitvoerige studie naar het beginsel ‘égalité devant les charges publiques’, de belangrijkste rechtsgrond voor schadevergoeding bij rechtmatig overheidsoptreden (nadeelcompensatie). Het égalitébeginsel heeft inmiddels vaste voet aan de grond gekregen in het bestuursrecht en het civiele recht. Het boek schetst eerst de langzame, maar onstuitbare opkomst van het beginsel in de Nederlandse wetgeving, doctrine en jurisprudentie. Vervolgens worden diverse vragen rond het beginsel beantwoord. Is het zonder meer van toepassing op alle vormen van rechtmatig overheidshandelen? Hoe wordt het begrip ‘onevenredig nadeel’ geïnterpreteerd? Welke invulling krijgen civielrechtelijke criteria uit afdeling 6.1.10 BW (causaal verband, voordeelstoerekening, eigen schuld) in geschillen over nadeelcompensatie? Hoe verhoudt het égalitébeginsel zich tot artikel 3:4, tweede lid Awb? Naast het nationale recht wordt uitvoerig aandacht besteed aan het Franse recht, waarin het beginsel primair tot ontwikkeling is gekomen. Ook Europeesrechtelijke aspecten van de aansprakelijkheid uit rechtmatige daad komen ruimschoots aan bod. Zo wordt verkend hoe het égalitébeginsel zich verhoudt tot het eigendomsrecht van artikel 1 Eerste Protocol EVRM. Ook wordt onderzocht wanneer nadeelcompensatie mogelijk belandt in het vaarwater van de verboden staatssteun (art. 107 VwEU) en of het égalitébeginsel ook van betekenis voor de buiten-contractuele aansprakelijkheid van de instellingen van de Europese Unie (art. 340 VwEU). Show less
This dissertation sheds more light on ethics in economic decision-making. Over the course of nine experiments, I studied (a) when people adhere to ethical standards like the do-no-harm principle,... Show moreThis dissertation sheds more light on ethics in economic decision-making. Over the course of nine experiments, I studied (a) when people adhere to ethical standards like the do-no-harm principle, and (b) how people respond to situations in which ethical standards are violated by studying not only punishing behavior but also compensation behavior. I show that when people know that by furthering their self-interest they harm another person (either by taking from or by allocating a loss to the other person), people become reluctant to benefit themselves. In addition, I show that when people observe a situation of distributive injustice, they are not only willing to give up money to punish persons causing this injustice but also to compensate persons suffering injustice. Empathic concern moderates the preference for punishment and compensation. Theoretical implications of these results are discussed in te rms of altruism, empathy, and motives of self-interest and fairness. Show less
The ecological compensation principle was introduced in the Dutch Structural Scheme for the Rural Areas (1993). The principle aims to enhance the input of natural conservation interests in... Show moreThe ecological compensation principle was introduced in the Dutch Structural Scheme for the Rural Areas (1993). The principle aims to enhance the input of natural conservation interests in decision-making on large development projects and to counterbalance the adverse impacts of such projects when implemented. The thesis describes the process of implementing the ecological compensation principle within the Directorate-General of Public Works and Water Management (Rijkswaterstaat) as initiator of highway projects. Additionally, it has developed a theoretical and practical framework for ecological compensation. Ecological compensation and related issues have been investigated in the different stages of planning, decision-making and realisation of highway projects. The thesis' leading element is the incentive-based character of compensating for impacts according to the Structural Scheme. This implies the parties involved are obliged to reach agreement on finding and realising compensation sites. Besides some specific conditions, there is still no legislation that facilitates the initiatiors' acquisition of lands for compensation purposes. Show less
