Laws regulate behaviour. However, human beings do not always obey the law. This makes it important to identify how law enforcement can stimulate compliance. This thesis investigates multiple gaps... Show moreLaws regulate behaviour. However, human beings do not always obey the law. This makes it important to identify how law enforcement can stimulate compliance. This thesis investigates multiple gaps in the literature on instrumental and normative pathways to compliance and counters some of the limitations in previous research. It contains three empirical studies that answer the following questions. Do citizens update their perceived sanction risk in response to changes in police activity? Does police behaviour that signals higher quality of treatment or decision-making lead to higher perceived procedural justice? Howdo instrumental and normative motivations translate into greater compliance with traffic laws?All results are based on field research conducted with the help of the Dutch National Police between January and August 2017. During this period data was collected at routine traffic control check-points for mopeds. The combination of data gathered through surveys, structured social observations and an experimental manipulation contributes to a better and more precise understanding of pathways to compliance. Show less
The Protocol on Ireland/Northern has the questionable honour of having its dispute settlement mechanisms being activated first under the new post-Brexit agreements between the EU and UK. This... Show moreThe Protocol on Ireland/Northern has the questionable honour of having its dispute settlement mechanisms being activated first under the new post-Brexit agreements between the EU and UK. This chapter highlights the two main hallmarks of the Protocol: on the one hand, being an integral part of the Withdrawal Agreement and the post-Brexit legal framework more broadly, and, on the other, being one of the last and most enduring holdouts of EU institutions applying EU law in a part of the UK. These characteristics, coupled with the high political stakes in the context of North-South relations in Ireland and the peace process, merit close scrutiny of the Protocol’s governance and dispute settlement provisions. Based on an analysis of the relevant provisions and informed by leading theories on compliance in international law, this chapter argues that due to fundamentally different views and strategies of the EU institutions and the UK government, the design and use of the Protocol’s mechanisms have the potential to exacerbate rather than mend EU-UK relations. Show less
Background: Compliance with national guidelines on pancreatic cancer management could improve patient outcomes. Early compliance with the Dutch guideline was poor. The aim was to assess compliance... Show moreBackground: Compliance with national guidelines on pancreatic cancer management could improve patient outcomes. Early compliance with the Dutch guideline was poor. The aim was to assess compliance with this guideline during six years after publication.Materials and methods: Nationwide guideline compliance was investigated for three subsequent time periods (2012-2013 vs. 2014-2015 vs. 2016-2017) in patients with pancreatic cancer using five quality indicators in the Netherlands Cancer Registry: 1) discussion in multidisciplinary team meeting (MDT), 2) maximum 3-week interval from final MDT to start of treatment, 3) preoperative biliary drainage when bilirubin >250 mu mol/L, 4) use of adjuvant chemotherapy, and 5) chemotherapy for inoperable disease (non-metastatic and metastatic).Results: In total, 14 491 patients were included of whom 2290 (15.8%) underwent resection and 4561 (31.5%) received chemotherapy. Most quality indicators did not change over time: overall, 88.8% of patients treated with curative intent were discussed in a MDT, 42.7% were treated with curative intent within the 3-week interval, 62.7% with a resectable head tumor and bilirubin >250 mu mol/L underwent preoperative biliary drainage, 57.2% received chemotherapy after resection, and 36.6% with metastatic disease received chemotherapy. Only use of chemotherapy for non-metastatic, non-resected disease improved over time (23.4% vs. 25.6% vs. 29.7%).Conclusion: Nationwide compliance to five quality indicators for the guideline on pancreatic cancer management showed little to no improvement during six years after publication. Besides critical review of the current quality indicators, these outcomes may suggest that a nationwide implementation program is required to increase compliance to guideline recommendations. (C) 2020 IAP and EPC. Published by Elsevier B.V. All rights reserved. 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
This dissertation is inspired by the question how national authorities can be motivated to advance the fight against impunity by investigating and prosecuting those responsible for mass atrocities... Show moreThis dissertation is inspired by the question how national authorities can be motivated to advance the fight against impunity by investigating and prosecuting those responsible for mass atrocities through their domestic justice systems. Whereas international scholarship has often sought to answer such questions by looking at international criminal courts, this study proposes instead to turn our gaze towards the Inter-American Court of Human Rights.Since the days of the Cold War, the Inter-American human rights system has been an important ally for victims and civil society groups pushing their governments to recognize and investigate serious and systemic violations of human rights and bring the perpetrators to justice. It has thus been involved in the fight against impunity for decades.This dissertation examines both the legal doctrines developed by the Inter-American Court of Human Rights to further the fight against impunity and the practical contributions of those doctrines to domestic accountability processes in Latin America. It argues that the Inter-American system has made important contributions to several aspects of domestic accountability processes. However, in order to understand these contributions, we have to step outside the compliance framework often employed in legal scholarship to the study of international courts. 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
Zanten, H.A. van; Tan, R.N.G.B.; Hoogen, A. van den; Lopriore, E.; Pas, A.B. te 2015
This thesis evaluates morphological and functional vessel wall properties measured by magnetic resonance imaging techniques in healthy volunteers and patients with various diseases (i.e. Marfan... Show moreThis thesis evaluates morphological and functional vessel wall properties measured by magnetic resonance imaging techniques in healthy volunteers and patients with various diseases (i.e. Marfan syndrome patients (MFS), patients with thoracic aortic aneurysm and patients with a previous myocardial infarction.). This thesis shows that imaging of carotid vessel wall morphology can be reproducible assessed by high-field MRI and that carotid vessel wall imaging benefits from imaging at higher field strengths. For a functional imaging parameter, the aorta pulse wave velocity (PWV), improving spatial sampling density resulted in more accurate PWV-assessment, even when temporal resolution decreased. Moreover, a scan-time reduction was achieved. Aortic PWV showed a high specificity for predicting absence of regional aortic luminal growth for all aortic segments in MFS. In patients with thoracic aortic aneurysm, regional PWV showed high specificity in the descending thoracic to abdominal aorta and moderate results in the ascending aorta and aortic arch. Next, PWV-leveling between aorta and carotid artery at older age was associated with a reduction in blood flow volume towards the brain. Furthermore, vessel wall morphology and function were associated in healthy volunteers and in patients with established atherosclerotic disease. Finally, our findings might indicate a link between atherosclerotic large vessel disease and cerebral small vessel disease in patients with established atherosclerotic disease. Show less
This dissertation aims to address the gap in family research concerning the role of siblings in children’s social development. Firstborns’ interactions with their younger sibling and parenting... Show moreThis dissertation aims to address the gap in family research concerning the role of siblings in children’s social development. Firstborns’ interactions with their younger sibling and parenting towards all children in the family are investigated in a four-year longitudinal study following families with two children from the first birthday of the youngest child. In Chapter 2 the prediction of individual differences in sharing with a younger sibling by family and situational factors was investigated. In Chapter 3 the association between parental sensitivity towards both children and compliance and sharing behavior of the firstborn child was investigated. Chapter 4 focuses on sibling discipline and sibling support during parental limit-setting, and associations with inhibitory control, empathy, and gender. Finally, the effect of birth order on toddlers’ social development was examined with a longitudinal within-family design in Chapter 5. Show less
The development of self-regulation is one of the major challenges of a child’s healthy development. In the current thesis, the contribution and interplay of parental and biological factors in... Show moreThe development of self-regulation is one of the major challenges of a child’s healthy development. In the current thesis, the contribution and interplay of parental and biological factors in the development of self-regulation in preschoolers are studied in a large population-based cohort, the Generation R Study. We found that attachment insecurity in infancy was related to higher levels of toddler active resistance during Clean-Up. Maternal negative discipline was related to lower levels of committed compliance in toddlers, and the association between maternal positive discipline and child committed compliance was moderated by the child’s COMT rs4680 genotype, indicating that the association was stronger in children with the Met/Met variant than for children with other COMT genotypes. Maternal family-related stress during pregnancy predicted lower levels of toddler committed compliance through lower levels of maternal positive discipline. Maternal sensitivity was associated with lower levels of executive function problems and lower levels of internalizing problems in preschool age. In children with a relatively short corpus callosum in infancy, higher levels of maternal positive discipline predicted lower levels of inhibition problems. Our studies demonstrate the role of various aspects of positive parenting and mother-child relationship quality in preschool children’s regulation of emotions and behavior. Show less
In the present thesis, a homogeneous upper middle class sample of firstborn girls and their mothers were followed from infancy (18 and 24 months) to middle childhood (89 months) using... Show moreIn the present thesis, a homogeneous upper middle class sample of firstborn girls and their mothers were followed from infancy (18 and 24 months) to middle childhood (89 months) using questionnaires and observations. The focus of the study was on three components of moral behavior, i.e. empathy, compliance and prosocial behavoir. The longitudinal development and stability of empathy and compliance from infancy to middle childhood was described, and their relation to prosocial behavior in middle childhood. Empathic concern towards mother increased from 18 to 24 months, but strongly decreased from 24 to 89 months. Empathic concern toward an unfamiliar person decreased from 18 to 89 months. Compliance increased from 18 to 89 months. Only empathy towards mother seems to be fertile ground for donating to charitable organizations like UNICEF. Also, the role of antecedent and concurrent sensitivity and attachment security in prosocial, externalizing, and internalizing behavior in middle childhood was investigated. Results showed that, controlling for concurrent influences, maternal sensitivity and attachment security in infancy predicted prosocial and externalizing behavior Show less
Better regulation in the European Union cannot be achieved without serious attention to transposition of EU law into national legislation. As a matter of fact, EU member states breach EU law __... Show moreBetter regulation in the European Union cannot be achieved without serious attention to transposition of EU law into national legislation. As a matter of fact, EU member states breach EU law __ perpetuately. Why do member states miss deadlines when transposing EU internal market directives? What factors determine delays when transposing EU directives? How do these factors influence the timeliness of the national transposition processes? And under what conditions are transpositions of directives delayed? This study analyses the timeliness of national transposition processes across nine member states of the 2004 EU transport acquis. Based on a truly mixed-method approach __ a new quantitative data set with further insights gleaned from four controlled case studies and a concluding fuzzy set analysis - this study shows that the European Union has a serious transposition problem. Almost 70 percent of all national legal measures transposing the transport acquis cause problems, either because they are transposed too late, risking the opening of an infringement proceeding, or because they are too early (gold-plating), risking warping effects on the regulatory environment for business and citizens in the EU alike. Furthermore, this book provides some progress regarding the conditions under which transposition performance of member states could be improved. Seven potential European and national drivers and constrainers for timely transposition can be identified with different effects on the lengths of transposition delays. Distinguishing between three outcomes of transposition process (on time, short and long delay) it is the specific features of European directives that account for short term delays, whereas serious time lags of more than six months are a result of domestic factors. Furthermore, the timing of general elections in a member state and policy sector-related crises retard or rather accelerate national transposition processes just as political priority represents a significant necessary condition for timeliness. Show less
The EU suffers from an implementation deficit. Member states often do not comply with EU policies, which in turn hampers the process of European integration. This book documents the problem with... Show moreThe EU suffers from an implementation deficit. Member states often do not comply with EU policies, which in turn hampers the process of European integration. This book documents the problem with the timely transposition of EU directives. It explores the size and the causes of the transposition deficit for the case of the Netherlands. Using a mixed methods design, it critically assesses the explanatory value of several legal and administrative factors, as well as the goodness of fit and several hypotheses flowing from rationalism and constructivism. The main conclusion of this work is that the Netherlands suffers from a structural problem with timely transposition. Domestic politics play an important role in explaining transposition problems. In theorizing these ‘politics of compliance’, we should not limit our analyses to substantive conflicts but also include the procedural politics that often surround the process of Europeanization. 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
