Commercial sex policies are often at the core of many anti-trafficking efforts, yet rigorous empirical evidence about the effectiveness of these policies in preventing sex trafficking is lacking.... Show moreCommercial sex policies are often at the core of many anti-trafficking efforts, yet rigorous empirical evidence about the effectiveness of these policies in preventing sex trafficking is lacking. In response to ongoing debates about which commercial sex laws and policies would help prevent sex trafficking, we seek to contribute to more nuanced discussions on commercial sex policies in relation to sex trafficking victimizations. The purpose of this essay is to identify the pitfalls in the debate on how to govern commercial sex markets, emphasizing 1) the lack of recognition of the variation in laws and policies on commercial sex; 2) the moral instead of empirical underpinnings of the debate; 3) ambiguous and stigmatizing notions of vulnerability to sex trafficking victimizations; and 4) a continued reliance on a traditional criminal justice system response that may cause harm to victims. We conclude with five premises to promote more nuanced, inclusive, and collaborative debates and governance of commercial sex markets that allow countries and local jurisdictions to move away from response models for which harm-reducing effects are either unknown or refuted. Show less
Parliaments in democratic systems serve as the people’s representatives, legislators and overseers of the executive. They have the power to define the framework in which the executive can act and... Show moreParliaments in democratic systems serve as the people’s representatives, legislators and overseers of the executive. They have the power to define the framework in which the executive can act and must report about its action. For parliaments to fulfil their roles, though, they depend on access to information. Executive secrecy is an obvious impediment. How, then, do parliamentary actors try to reconcile secrecy and the normative demands of an open, democratic society? The study investigates their arguments, conflicts and patterns of agreement around this topic for the case of Germany. Using the example of two case studies – intelligence agencies and Public-Private Partnerships, the empirical analysis shows that substantive rationales are the main reference point for actors’ acceptance of executive secrecy. In their view, secrecy may be legitimate where it serves a specific goal. Information should be kept secret if its disclosure would obstruct achieving that goal. However, references to instrumentality are highly contentious in political practice. Procedural legitimation has the potential to fill the gap left by the contestation of substantive legitimation: legislation sets framework conditions ex-ante, and usually in a more generalized way, while parliamentary scrutiny works ex-post and deals with concrete issues, cases and conflicts. Show less
A pharmacopoeia is an official compendial publication containing medicinal products, their components and composition, thereby providing specifications and quality standards. In this thesis the... Show moreA pharmacopoeia is an official compendial publication containing medicinal products, their components and composition, thereby providing specifications and quality standards. In this thesis the results are presented of an investigation of national pharmacopoeias, six editions and revised reprints, issued in the Netherlands between 1851 and 196,6 were studied and analyzed extensively. The thread in this study was derived from the ambition of the national commissions, who were composing the Pharmacopoeias, to update the text in conformity with ‘the present state of science’.Historical and political aspects of the Netherlands in relation to the editing of the new pharmacopoeia were also described. The legal significance of these official standards was discussed. Surrounding countries issued also a pharmacopoeia on a regular base, so the international context was reviewed as well. Already in 1865 practitioners and scientists promoted the drawing of an international pharmacopoeia. In 1902 harmonization of the potency of highly effective pharmaceuticals was realized by governmental cooperation through the Brussel Convention. This initiated further cooperation between national pharmacopoeia authorities in the League of Nations, after the Second World War in the World Health Organization. In 1964 the Council of Europe published the Convention on the Elaboration of a European Pharmacopoeia. It resulted in the end of publishing independent Dutch editions of the pharmacopoeia. Show less
International law relies heavily on the machinery of the state for therealisation of its aims. Often those aims require further implementation inthe legal orders of states. States, in turn, enjoy a... Show moreInternational law relies heavily on the machinery of the state for therealisation of its aims. Often those aims require further implementation inthe legal orders of states. States, in turn, enjoy a wide margin of freedom inthe choice of means and methods to fulfil their obligations under internationallaw. However, implementation sometimes requires the involvement ofthe state body entrusted with the task of adopting legislation: the nationallegislature. This study explores its role in the implementation of internationallaw at home. It analyses the regulation of national implementing legislationunder international law. Does international law provide for requirements tobe observed by national legislatures involved in the adoption of implementinglegislation? If so, is their application in practice sufficient to ensure thequality of national implementing legislation? Can we improve national andinternational practice in this regard? Show less
The thesis deals with the history of terrorism and counter-terrorism legislation, focussing on the legislation in the UK, Spain, Germany and France, in the last 30 years, and analysing its... Show moreThe thesis deals with the history of terrorism and counter-terrorism legislation, focussing on the legislation in the UK, Spain, Germany and France, in the last 30 years, and analysing its compatibility with national and European human rights standards. Show less
The European Commission introduced impact assessment (IA) in 2002 following recommendations from the Mandelkern group on Better Regulation. The basic rationale of IA is that proposals must be... Show moreThe European Commission introduced impact assessment (IA) in 2002 following recommendations from the Mandelkern group on Better Regulation. The basic rationale of IA is that proposals must be prepared on the basis of an analysis of whether regulatory intervention is needed and whether it is appropriate to intervene at the EU level. An IA report, published together with the proposal, summarises the results and highlights the trade-offs between the potential economic, social and environmental impacts associated with various policy options. Nowadays, IA is required for all major proposals. It is also increasingly being used throughout the whole legislative process as the European Parliament and the Council of Ministers are implementing their respective commitments to IA. The thesis starts out by developing a typology of possible uses of impact assessment in EU lawmaking, which serves as a framework of reference for the subsequent analysis of the development of EU IA. The idea is explored that the three âco-legislatorsâ are not the only relevant actors in IA processes; national institutions, advisory bodies, review institutions, regulatory bodies, private co-actors and third-country actors all play their part. Case-studies on the new chemicals regulation (REACH), the thematic strategy on air quality (CAFE), the pre-packaging directive and the data retention directive lend empirical backing to the theoretical claims. The thesis arrives at the conclusion that IA is becoming a self-standing normative force in EU lawmaking by contrasting EU IA as 'soft constitutional law' and EU IA as 'meta-regulation'. Show less
