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Article

A Multipolar System for the Protection of Fundamental Rights in Practice

Unjustified Dismissals of Government Officials in Hungary

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords Constitutional Court of Hungary, Multilevel constitutionalism, right to an effective remedy, unjustified dismissal of government officials, European protection of fundamental rights
Authors Zsuzsanna Szabó
AbstractAuthor's information

    Today, within the European multi-level and cooperative constitutional area the ECHR, the constitutional values enshrined in the EU Treaties together with the EU Charter of Fundamental Rights, as well as the constitutions of the EU Member States function as parallel constitutions. The legal remedies offered by international forums are subsidiary by nature, since it is desirable that legal issues of human rights be solved by the states at national level. The obligation to exhaust domestic legal remedies as a procedural precondition is necessary to afford the national level the opportunity to remedy the violation of human rights within its own legal system. This paper focuses on Section 8(1) of Act LVIII of 2010 on the legal status of government officials, which states that the employer has the right to terminate the contract of government officials with a two months’ notice period without justification. This research is of considerable interest because the dismissed officials – who, in my opinion, de facto suffered injury for the violation of their human rights – were forced to turn to international fora due to the fact that the Hungarian legal system was unable to grant them proper relief. Therefore, the analysis also evaluates the current level of fundamental rights adjudication and jurisprudence related to fundamental principles in Hungary.


Zsuzsanna Szabó
Assistant lecturer, University of Debrecen.
Article

The International Trading System and Market Distortions

Revisiting the Need for Competition Rules within the WTO

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords cross-border business activities, developing countries, multilateral competition rules, trade and competition, WTO
Authors Franziska Sucker
AbstractAuthor's information

    As a result of the interconnectedness of the global economy, cross-border activities of economic operators are soaring. Their business practices are not governed by multilateral rules, but merely, if at all, by regional or national laws. As a result, they are potentially subject to over- or under-enforcement and -regulation or to conflicting rules. The resultant legal uncertainties and, therefore, potential lack of discipline for practices facilitates the development of dominant positions and anticompetitive behavior. This advances market distortions to the detriment of diverse offerings and the competitiveness of small market players, especially in economically weak developed countries. Such unfavorable developments could be reduced by preventing market concentration and disciplining anticompetitive behavior. I argue that multilateral rules alone would ensure that cross-border activities of economic operators are subject to uniform rules, irrespective of which country’s or region’s market is affected; and thus, provide legal certainty for current gaps. Moreover, in spite of the resistance of numerous countries to include competition disciplines within the World Trade Organization (WTO), rules aimed at dismantling barriers to trade created by private economic operators are not only theoretically desirable but indispensable in the long term to avoid an erosion of the WTO system by effectively replacing state-created barriers. The increasing role of supply chains and the rising volatility of international commodity prices should give all, albeit particularly the economically weak developed countries, reason to pause and revisit an issue that has significant implications for the competitiveness of their economic operators.


Franziska Sucker
Associate professor, University of the Witwatersrand, Johannesburg.
Article

Snapshot of the EU Soft Law Research Landscape

Main Issues and Challenges

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords soft law, normativity, bindingness, directive-like recommendations, hybridity
Authors Petra Lea Láncos
AbstractAuthor's information

    Inspired by research into international soft law norms, the last two decades have seen an intensified investigation of the non-binding measures of the EU. With the proliferation of such norms at EU level, attempts at a taxonomy of EU soft law have been undertaken. The present paper tries to map the current status of EU soft law research, highlighting possible directions for future research.


Petra Lea Láncos
Researcher, Deutsches Forschungsinstitut für öffentliche Verwaltung, Speyer; associate professor, Pázmány Péter Catholic University, Budapest.
Article

The Case of the Hungarian Constitutional Court with Environmental Principles

From Non-Derogation to the Precautionary Approach

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords Constitutional Court of Hungary, environmental issues, non-derogation principle, precautionary principle, Article P of the Fundamental Law of Hungary, right to a healthy environment
Authors Gyula Bándi
AbstractAuthor's information

    Principles influence legislation, implementation and enforcement of the law to a great extent. This is especially the case with those fields of law, which are relatively new and subject to constant changes, such as environmental law. Principles have legal value, among others to fill legal gaps or to assist proper interpretation. It is always expedient to have a high-level judicial forum for legal interpretation at national level this would be a constitutional court or a supreme court. Legal interpretation can be particularly tricky when principles are combined with human rights. Constitutional courts, such as the Hungarian Constitutional Court are the preferred choice for such legal interpretation, since human rights are normally enshrined in the constitutions. In Hungary both the previous (1989) Constitution and the currently effective Fundamental Law of 2011 contain express and rather similar provisions regarding the right to environment, the content of which need clarification. Beside this similarity, the Fundamental Law has several other additional provisions supporting interpretation in the interests of the environment. This paper only presents – as examples of necessary interpretation – two principles to illustrate what the right to environment actually means. These are the non-regression (non-derogation) and the precautionary principles, which will be described both in general and in light of their current Hungarian interpretation. Non-regression (non-derogation) basically represents a decent minimum that should not be contravened, while precautionary principle is more in flux, a moving target, focusing on likely consequences, with scientific uncertainty at its core. Both principles will be introduced through the decisions of the Hungarian Constitutional Court.


Gyula Bándi
Jean Monnet professor of law, Pázmány Péter Catholic University, Budapest; Ombudsman for future generations.
Article

From International Law in Books to International Law in Action

ELTE Law School’s Jessup and Telders Victories in 2019

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Authors Gábor Katjár and Katalin Sulyok
Author's information

Gábor Katjár
Associate professor, ELTE Law School, Budapest, and coach of ELTE Jessup Team since 2010 as well as coach of ELTE Telders Team since 2016.

Katalin Sulyok
Senior lecturer, ELTE Law School, Budapest, and co-coach of ELTE Jessup Team in 2015, 2017 and 2019; co-coach of ELTE Telders Team in 2019.
Article

“Land of Confusion”

Social (Fundamental) Rights and the Provisions of the Fundamental Law in Light of the Practice of the Constitutional Court of Hungary

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords Constitutional Court of Hungary, social rights as fundamental rights, right to social security, state goals, social security system of Hungary
Authors István Hoffman
AbstractAuthor's information

    Modern welfare democracies developed different approaches to social rights. This paper briefly reviews the different models for the institutionalization of social rights as fundamental rights in modern democracies. In Hungary, the approach to social security has been significantly transformed by the Fundamental Law. For this reason, the paper reviews the approach of the Hungarian constitutional system to the right to social security between 1989 and 2011 and introduces the current position of social rights in the Hungarian legal system. This is done through and assessment of the provisions of the Fundamental Law and the current case-law of the Constitutional Court of Hungary.


István Hoffman
Professor of law, ELTE Law School, Budapest.
Article

Sustainable Developments in Foreign Investment Law and Policy

Related to Renewable Energy and Climate Change Mitigation and Adaptation

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2019
Keywords sustainable development, climate change mitigation, Paris Agreement, renewable energy law, ICSID
Authors Marie-Claire Cordonier Segger
AbstractAuthor's information

    Sustainable development is gradually integrated into policies worldwide, meanwhile, government authorities and policymakers, alongside public and private enterprises, are signaling the growing scope and scale of investment opportunities in this field. Capital cuts and decreasing generating costs are fueling the market in renewable technologies. At the same time, bilateral and multilateral treaties are being negotiated, which set the framework for expanding sustainable solutions: treaty regimes increasingly encourage and promote trade and investment for more sustainable energy development, responding to global concerns on climate change. Investment protection litigation offers new insights into trends in jurisprudence, demonstrating how this field of law can be instrumental not only for protecting undertakings’ interests, but holding countries to their commitments under international treaties for the protection of the environment.


Marie-Claire Cordonier Segger
Senior director, Centre for International Sustainable Development Law (CISDL); professor of law, University of Waterloo, Canada.
Article

Access_open Putting the Dutch Child Labour Due Diligence Act into Perspective

An Assessment of the CLDD Act’s Legal and Policy Relevance in the Netherlands and Beyond

Journal Erasmus Law Review, Issue 4 2019
Keywords Mandatory Due Diligence, Responsible Business Conduct, Child Labour Due Diligence Act
Authors Liesbeth Enneking
AbstractAuthor's information

    In May 2019, the Dutch senate adopted a private member’s bill introducing a due diligence obligation for companies bringing goods or services onto the Dutch market with respect to the use of child labour in their supply chains. The aim of this article is to place this Child Labour Due Diligence (CLDD) Act in the national and international legal context and to discuss its relevance for the broader debate on international responsible business conduct (IRBC) in global value chains. The article shows that the CLDD Act introduces a due diligence obligation in this context that is new to Dutch law, as is the public law supervisor that is to be tasked with its enforcement. However, it does nothing to broaden the possibilities for access to remedies for victims of child labour beyond those already in existence. The article also shows that when compared with 2017 the French Duty of Vigilance Law, which is the only other mandatory due diligence law to have been adopted so far, the CLDD Act stands out in several respects. It is overshadowed, however, by the European parliament’s recent adoption of an ambitious outline for a future EU due diligence directive. Nonetheless, in view of the fact that it remains unclear for now whether the future EU directive on this topic will display the same level of ambition as the current proposal, the CLDD Act will remain relevant from an international perspective also for some time to come.


Liesbeth Enneking
Liesbeth Enneking is Professor of Legal Aspects of International Corporate Social Responsibility at Erasmus School of Law, Erasmus University Rotterdam.
Article

Access_open Waste Away

Examining Systemic Drivers of Global Waste Trafficking Based on a Comparative Analysis of Two Dutch Cases

Journal Erasmus Law Review, Issue 4 2019
Keywords environmental crime, waste industry, shipbreaking, waste trafficking, environmental enforcement
Authors Karin van Wingerde and Lieselot Bisschop
AbstractAuthor's information

    The increasing volume of waste generated globally is one of the most prominent environmental issues we face today. Companies responsible for the treatment or disposal of waste are therefore among the key actors in fostering a sustainable future. Yet the waste industry has often been characterised as a criminogenic one, causing environmental harm which disproportionately impacts the world’s most vulnerable regions and populations. In this article, we illustrate how companies operating in global supply chains exploit legal and enforcement asymmetries and market complexities to trade waste with countries where facilities for environmentally sound treatment and disposal of waste are lacking. We draw on two contemporary cases of corporate misconduct in the Global South by companies with operating headquarters in the Global North: Seatrade and Probo Koala. We compare these cases building on theories about corporate and environmental crime and its enforcement. This explorative comparative analysis aims to identify the key drivers and dynamics of illegal waste dumping, while also exploring innovative ways to make the waste sector more environmentally responsible and prevent the future externalisation of environmental harm.


Karin van Wingerde
Karin van Wingerde is Professor Corporate Crime and Governance, Department of Criminology, Erasmus School of Law, Erasmus University Rotterdam.

Lieselot Bisschop
Lieselot Bisschop is Professor Public and Private Interests, Department of Criminology and Erasmus Initiative on Dynamics of Inclusive Prosperity, Erasmus School of Law, Erasmus University Rotterdam.
Article

Access_open The Potential of the Dutch Corporate Governance Model for Sustainable Governance and Long Term Stakeholder Value

Journal Erasmus Law Review, Issue 4 2019
Keywords corporate governance, company law, stakeholders, Dutch Corporate Governance Code, long-termism
Authors Manuel Lokin and Jeroen Veldman
AbstractAuthor's information

    This article addresses the question of how the Dutch regulatory and institutional setting enables policy coherence, specifically with regard to safeguarding stakeholders’ interests and promoting sustainable governance. To address this question, we engage with idiosyncratic theoretical notions in the Dutch corporate governance model. We follow the evolution of these notions in statutory company law and case law, their development in the Dutch Corporate Governance Code and their relation to the Enterprise Chamber as a unique institution. We establish how these theoretical views and practical institutions present significant means by which stakeholder concerns may be represented in the operation of company law and corporate governance more broadly and provide a number of ways in which these institutions and their operation can be further developed.


Manuel Lokin
Manuel Lokin is Professor of Company Law at Utrecht University and lawyer at Stibbe, Amsterdam.

Jeroen Veldman
Jeroen Veldman is Visiting Professor at the Interdisciplinary Institute for Innovation at Mines ParisTech in Paris, France and Honorary Senior Visiting Fellow at Cass Business School in London, UK.
Article

Access_open The New Dutch Model Investment Agreement

On the Road to Sustainability or Keeping up Appearances?

Journal Erasmus Law Review, Issue 4 2019
Keywords Dutch model BIT, foreign direct investment, bilateral investment treaties, investor-to-state dispute settlement, sustainable development goals
Authors Alessandra Arcuri and Bart-Jaap Verbeek
AbstractAuthor's information

    In 2019, the Dutch government presented a New Model Investment Agreement that seeks to contribute to the sustainability and inclusivity of future Dutch trade and investment policy. This article offers a critical analysis of the most relevant parts of the revised model text in order to appraise to what extent it could promote sustainability and inclusivity. It starts by providing an overview of the Dutch BIT (Bilateral Investment Treaty) programme, where the role of the Netherlands as a favourite conduit country for global FDI is highlighted. In the article, we identify the reasons why the Netherlands became a preferred jurisdiction for foreign investors and the negative implications for governments and their policy space to advance sustainable development. The 2019 model text is expressly set out to achieve a fairer system and to protect ‘sustainable investment in the interest of development’. While displaying a welcome engagement with key values of sustainable development, this article identifies a number of weaknesses of the 2019 model text. Some of the most criticised substantive and procedural provisions are being reproduced in the model text, including the reiteration of investors’ legitimate expectation as an enforceable right, the inclusion of an umbrella clause, and the unaltered broad coverage of investments. Most notably, the model text continues to marginalise the interests of investment-affected communities and stakeholders, while bestowing exclusive rights and privileges on foreign investors. The article concludes by hinting at possible reforms to better align existing and future Dutch investment treaties with the sustainable development goals.


Alessandra Arcuri
Alessandra Arcuri is Professor at Erasmus School of Law and Erasmus Initiative Dynamics of Inclusive Prosperity, Erasmus University Rotterdam.

Bart-Jaap Verbeek
Bart-Jaap Verbeek is Researcher at Stichting Onderzoek Multinationale Ondernemingen (SOMO) and PhD Candidate Political Science at the Radboud University.
Article

Access_open Due Diligence and Supply Chain Responsibilities in Specific Instances

The Compatibility of the Dutch National Contact Point’s Decisions With the OECD Guidelines for Multinational Enterprises in the Light of Decisions Made by the UK, German, Danish and Norwegian National Contact Points

Journal Erasmus Law Review, Issue 4 2019
Keywords due diligence, supply chain, OECD, NCP, specific instance
Authors Sander van ’t Foort
AbstractAuthor's information

    Since the introduction of a human rights chapter in the 2011 OECD Guidelines for Multinational Enterprises, National Contact Points (NCPs) have been increasingly dealing with specific instances referring to human rights violations by companies. According to the Organisation for Economic Cooperation and Development (OECD), the human rights provisions are the most cited provisions of the Guidelines. Specific instances include allegations such as a company’s failure to implement human rights due diligence, to apply the principles of free, prior and informed consent, to take supply chain responsibility, and/or to comply with the right to cultural heritage. Of all topics, human rights due diligence and human rights supply chain responsibilities are most commonly referred to in complaints based on the Guidelines. This article focuses on how NCPs have handled these topics of human rights due diligence and supply chain responsibility in specific instances. The Dutch NCP has been selected because it is celebrated in literature as the ‘gold standard’ because of its composition including independent members, its forward-looking approach, and because it is one of the most active NCPs in the world. All decisions of the Dutch NCP concerning these two topics are analysed in the light of the decisions of four other NCPs (UK, Denmark, Germany and Norway). A doctrinal methodology is used to analyse similarities and differences between the argumentations of the five NCPs.


Sander van ’t Foort
Sander van ’t Foort is Lecturer at Nyenrode Business University.
Article

Access_open Consumer Social Responsibility in Dutch Law

A Case Study on the Role of Consumers in Energy Transition

Journal Erasmus Law Review, Issue 4 2019
Keywords consumer, energy transition, social responsibility, Dutch law, EU law
Authors Katalin Cseres
AbstractAuthor's information

    As our economies continue to focus on growth, competition and maximisation of consumer choice, the global increase in consumption takes vast environmental and social costs and cause irreversible harm to our climate and environment. The urgency of reducing human footprint and to diminish one of the root causes of a declining climate and environment is irrefutable. In the shift that globally has to take place, a decentralised energy system relying on more distributed generation, energy storage and a more active involvement of consumers form a crucial component of renewable energy solutions. The move from a highly centralised to a more decentralised power system involves an increasing amount of small-scale (intermittent) generation from renewable energy which is located closer to the point of final consumption. In order to steer consumption towards sustainability national governments and supranational organisations have adopted policies and corresponding legislation that address individual consumers as rational and active choice-makers who make socially responsible choices when they receive the ‘right’ amount of information. By relying on insights from modern consumption theories with contributions from sociology, this article questions the effectiveness and legitimacy of these ‘consumer-centred’ policies and laws. First, the article argues that the single focus on individual consumer behaviour as a rational and utility maximising market actor fails to take into account the complexity of consumption, which is fundamentally influenced by social norms and its broader institutional setting. Although consumers are willing to consume more sustainably, they are often ‘locked in by circumstances’ and unable to engage in more sustainable consumption practices even if they want to. Second, by relying on evidence from sociological studies the article argues that individual consumers are not the most salient actors in support of sustainable consumption. Even though the urgency of the energy transition and the critical role consumers play in (un)sustainable energy consumption is acknowledged in both the EU and its Member States, their laws and policies remain grounded on goals of economic growth with competitive economies, the sovereignty of consumer choice and wealth maximisation, instead of aiming at slower economic growth or even degrowth, reducing overall resource use and consumption levels and introducing radically different ways of consumption.
    Third, the role of law is underlined as a social institution both as a constraint on the autonomous acts of consumption, dictating the normative frameworks within which the role of consumer is defined, and as a facilitator which consumers might also employ, in order to determine for themselves particular normative parameters within which consumption can occur.
    The Netherlands, which serves as a case study in this article, has reached important milestones in its energy transition policy since 2013. Still, it remains strongly focused on economic rationality and market competitiveness. Even though various models of consumer participation exist and local consumer energy initiatives are flourishing and are recognised as key actors in the energy transition, they remain embedded in institutional, structural and behavioural settings where consumers still face challenging sociocultural barriers to sustainable practices.
    In light of these legal, political and social complexity of energy transition, the article offers a critical analysis of the current Dutch law in its broader legal context of EU law in order to answer the question what the role of (energy) law is in steering consumers towards sustainable energy consumption.


Katalin Cseres
Katalin Cseres is Associate Professor of Law, Amsterdam Centre for European Law & Governance (ACELG), University of Amsterdam.
Article

Access_open SMART Reflections on Policy Coherence, Legal Developments in the Netherlands and the Case for EU Harmonisation

Afterword to Erasmus Law Review Special Issue Towards Responsible Business Conduct in Global Value Chains

Journal Erasmus Law Review, Issue 4 2019
Keywords sustainability, business, global value chains, planetary boundaries, sustainable corporate governance
Authors Beate Sjåfjell and Jeroen Veldman
AbstractAuthor's information

    The EU-funded project Sustainable Market Actors for Responsible Trade (SMART, 2016-2020), undertook an interdisciplinary and multilevel regulatory analysis of the barriers and possibilities for securing the contribution of private and public market actors to a sustainable future. Jurisdiction-specific contributions were an essential part of this broad regulatory analysis. This afterword reflects on the Dutch contributions included in this Special Issue, emphasising the urgency of securing policy coherence for sustainable business. The afterword highlights how individual initiatives by national legislators such as those of the Netherlands can be inspiring examples, while they also bring with them challenges including questions of scope and of legal certainty for businesses, specifically with regard to cross-border operations and activities. This leaves business with the difficult task of figuring out the various requirements and expectations and may lead to regulatory competition between EU member states. The afterword therefore concludes with a call for EU harmonisation, to give sustainability-oriented business a level playing field and provide legal certainty both for decision-makers in business and for those affected by the conduct of business across global value chains.


Beate Sjåfjell
Beate Sjåfjell is Professor, University of Oslo, Faculty of Law; Adjunct Professor, Norwegian University of Science and Technology, Faculty of Economics and Management. Coordinator of the now concluded H2020-funded project Sustainable Market Actors for Responsible Trade (SMART, 2016-2020), grant agreement 693642. Acknowledgment: This article draws on joint research in the SMART Project, and I am grateful to the whole team, and, in the context of this special issue, especially Jeroen Veldman for his leadership on the Dutch contribution to the project.

Jeroen Veldman
Jeroen Veldman is Visiting Associate Professor at Rotterdam School of Management, Erasmus University Rotterdam, Visiting Associate Professor at Mines Paristech, Interdisciplinary Institute for Innovation, Paris and Section Editor Corporate Governance at the Journal of Business Ethics.
Research Notes

Paid Digital Campaigning During the 2018 Local Elections in Flanders

Which Candidates Jumped on the Bandwagon?

Journal Politics of the Low Countries, Issue 3 2019
Keywords local elections, candidates, campaign spending, digital campaigning
Authors Gunther Vanden Eynde, Gert-Jan Put, Bart Maddens e.a.
AbstractAuthor's information

    This research note investigates the role of paid digital campaigning in the 2018 local elections in Flanders. We make use of the official declarations which candidates are legally required to submit. In these declarations, candidates indicate whether and how much they invested in online campaigning tools during the four months preceding the elections. We collected data on a sample of 3,588 individual candidates running in the 30 municipalities of the Leuven Arrondissement. A multilevel logistic regression model shows that the odds of spending on digital campaigning increases among incumbent aldermen and local councillors. The latter finding supports the normalization thesis of digital campaigning. The results also show that scale is important – the more potential voters a candidate has, the higher the odds that the candidate invests in digital tools.


Gunther Vanden Eynde
Gunther Vanden Eynde is a doctoral researcher at the KU Leuven Public Governance Institute. His research interests include political finance, campaign spending and the social media campaigns of Belgian political parties and their candidates.

Gert-Jan Put
Gert-Jan Put is a Senior Researcher at the Research Center for Regional Economics, KU Leuven. His research focuses on candidate selection and intra-party competition, and has been published in Political Behavior, Party Politics and Electoral Studies.

Bart Maddens
Bart Maddens is a professor of political science at the KU Leuven Public Governance Institute His research interests include political finance, elections and multi-level systems. His work has been published in West European Politics, Party Politics and Electoral Studies.

Gertjan Muyters
Gertjan Muyters is a doctoral researcher at the KU Leuven Public Governance Institute. His research focuses on candidate turnover and political careers.
Article

How to Improve Local Turnout

The Effect of Municipal Efforts to Improve Turnout in Dutch Local Elections

Journal Politics of the Low Countries, Issue 3 2019
Keywords turnout, local elections, get out the vote, campaign, the Netherlands
Authors Julien van Ostaaijen, Sabine van Zuydam and Martijn Epskamp
AbstractAuthor's information

    Even though many municipalities use a variety of means to improve turnout in local elections, citizen participation in local elections is a point of concern in many Western countries, including the Netherlands. Our research question is therefore: How effective are municipal efforts to improve turnout in (Dutch) local elections? To this end, we collected data from three sources: (1) a survey sent to the municipal clerks of 389 Dutch municipalities to learn what they do to improve turnout; (2) data from Statistics Netherlands on municipalities’ socio-demographic characteristics; and (3) data on the turnout in local elections from the Dutch Electoral Council database. Using hierarchical multiple regression analysis, we found that the direct impact of local governments’ efforts to improve turnout is low. Nevertheless, some measures seem to be able to make a difference. The relative number of polling stations was especially found to impact turnout.


Julien van Ostaaijen
Julien van Ostaaijen is assistant professor of public administration at the Tilburg Institute of Governance (Tilburg University).

Sabine van Zuydam
Sabine van Zuydam is assistant professor of public administration at the Tilburg Institute of Governance (Tilburg University) and researcher at Necker van Naem.

Martijn Epskamp
Martijn Epskamp is a researcher of the municipality of Rotterdam (Research and Business Intelligence department)
Article

Split-Ticket Voting in Belgium

An Analysis of the Presence and Determinants of Differentiated Voting in the Municipal and Provincial Elections of 2018

Journal Politics of the Low Countries, Issue 3 2019
Keywords split-ticket voting, local elections, voting motives, Belgium, PR-system
Authors Tony Valcke and Tom Verhelst
AbstractAuthor's information

    This article tackles the particular issue of split-ticket voting, which has been largely overlooked in Belgian election studies thus far. We contribute to the literature by answering two particular research questions: (1) to what extent and (2) why do voters cast a different vote in the elections for the provincial council as compared to their vote in the elections for the municipal council?
    The article draws on survey data collected via an exit poll in the ‘Belgian Local Elections Study’, a research project conducted by an inter-university team of scholars.
    Our analysis shows that nearly 45% of the total research population cast a split-ticket vote in the local elections of 2018. However, this number drops to one out of four if we only consider a homogenous party landscape at both levels by excluding the numerous votes for ‘local’ lists (which occur mostly at the municipal level). This finding underlines the importance of accounting for the electoral and institutional context of the different electoral arenas in research on split-ticket voting in PR systems. In the Belgian context, split-ticket voting in 2018 also differed between the different parties and regions. Furthermore, it was encouraged by a higher level of education and familiarity with particular candidates. This candidate-centred and strategic voting was matched by party identification and the urban municipal context favouring straight-ticket voting. Other factors such as region, a rural municipal context and preferential voting seemed more relevant to determine voting for local parties than using the instrument of split-ticket votes as such.


Tony Valcke
Tony Valcke is Associate Professor at the Faculty of Political and Social Sciences of Ghent University (Belgium). He is a member of the Centre for Local Politics (CLP) and coordinator of the Teacher Training Department. His research, publications and educational activities focus on elections and democratic participation/innovation, (the history of) political institutions and (local) government reform, political elites and leadership, citizenship (education).

Tom Verhelst
Tom Verhelst is Assistant Professor at the Faculty of Political and Social Sciences at Ghent University (Belgium) and a postdoctoral research fellow at the Department of Political Science at Maastricht University (the Netherlands). His research focuses on the Europeanisation of local government (with a particular interest for the regulatory mobilisation of local government in EU decision-making processes) and on the role and position of the local council in Belgium and the Netherlands (with a particular interest for local council scrutiny).
Research Notes

Sub-Constituency Campaigning in PR Systems

Evidence from the 2014 General Elections in Belgium

Journal Politics of the Low Countries, Issue 3 2019
Keywords Sub-constituency campaigning, PR system, political advertisements, election campaign, content analysis
Authors Jonas Lefevere, Knut De Swert and Artemis Tsoulou-Malakoudi
AbstractAuthor's information

    Sub-constituency campaigning occurs when parties focus their campaign resources on specific geographical areas within an electoral district. This behaviour was traditionally thought to occur only in single-member plurality elections, but recent research demonstrates that proportional systems with multi-member districts can also elicit sub-constituency campaigning. However, most studies of sub-constituency campaigning rely on self-reported measures of campaigning, not direct measures of campaign intensity in different regions and communities. We present novel data on geographical variations in the intensity of Flemish parties’ campaign advertising during the 2014 general elections in Belgium, which provides a direct measure of sub-constituency campaigning. Our findings show clear evidence of sub-constituency campaigning: parties campaign more intensely in municipalities where they have stronger electoral support and in municipalities with greater population density.


Jonas Lefevere
Jonas Lefevere is assistant professor at Vesalius College and the Institute for European Studies (VUB). His research interests include the strategic communication of political elites, the effects of campaign communication on political attitudes and electoral choice and the role of issue perceptions in electoral behavior.

Knut De Swert
Knut De Swert is Assistant Professor, Political Communication and Journalism, at the Amsterdam School of Communication Research (University of Amsterdam, The Netherlands). His research is situated in the field of media and politics, and mainly focuses on the quality of (political) journalism and foreign news in a comparative perspective.

Artemis Tsoulou-Malakoudi
Artemis Tsoulou-Malakoudi is a student research assistant for the EOS research project RepResent which focuses on representation and democratic resentment. She is currently following a Research Master’s at the University of Amsterdam with an interest in political communication research.
Article

Control in International Law

Journal African Journal of International Criminal Justice, Issue 1 2019
Keywords Effective / overall control, international human rights law, international criminal law, responsibility of states, statehood
Authors Joseph Rikhof and Silviana Cocan
AbstractAuthor's information

    The concept of control has permeated various disciplines of public international law, most notable international criminal law, international humanitarian law, international human rights law and the law of statehood as well as the law of responsibility for states and international organizations. Often this notion of control has been used to extend the regular parameters in these disciplines to capture more extraordinary situations and apply the same rules originally developed within areas of law, such as the application of the laws of war to occupation, the rules of human rights treaties to extraterritorial situations or state responsibility to non-state actors. This article will examine this notion of control in all its facets in international law while also addressing some of its controversies and disagreements in the jurisprudence of international institutions, which have utilized this concept. The article will then provide an overview of its uses in international law as well as its overlap from one discipline to another with a view of providing some overarching observations and conclusions.


Joseph Rikhof
Joseph Rikhof is an adjunct professor at the Common Law Faculty of the University of Ottawa.

Silviana Cocan
Silviana Cocan holds a double doctoral degree in international law from the Faculty of Law of Laval University and from the Faculty of Law and Political Science of the University of Bordeaux.
Article

The Smuggling of Migrants across the Mediterranean Sea

A Human Rights Perspective

Journal East European Yearbook on Human Rights, Issue 1 2019
Keywords smuggling, refugees, migration, readmission, interceptions
Authors J. Shadi Elserafy LL.M.,
AbstractAuthor's information

    Irregular migration by sea is one of the most apparent contemporary political issues, and one that entails many legal challenges. Human smuggling by sea is only one aspect of irregular migration that represents a particular challenge for States, as sovereignty and security interests clash with the principles and obligations of human rights and refugee law. In dealing with the problem of migrant smuggling by sea, States have conflicting roles, including the protection of national borders, suppressing the smuggling of migrants, rescuing migrants and guarding human rights.
    The legal framework governing the issue of migrant smuggling at sea stems not only from the rules of the law of the sea and the Smuggling Protocol but also from rules of general international law, in particular human rights law and refugee law. The contemporary practice of States intercepting vessels engaged in migrant smuggling indicates that States have, on several occasions, attempted to fragment the applicable legal framework by relying on laws that allow for enhancing border controls and implementing measures that undermine obligations of human rights and refugee law. This article seeks to discuss the human rights dimension of maritime interception missions and clarify as much as possible the obligations imposed by international law on States towards smuggled migrants and whether or not these obligations limit the capacity of States to act.


J. Shadi Elserafy LL.M.,
LL.M., Judge/Counselor at The Egyptian Council of State (The Higher Administrative Court of Justice).
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