The Netherlands and a Century of International Environmental Law

Netherlands International Law Review -     

Market-Oriented Regulation of Environmental Problems in the Netherlands

Two functioning regulatory tax programs in The Netherlands indicate certain conditions under which such frequently-advocated but infrequently-adopted regulatory strategies can be successfully implemented. A flat fee on oxygen-demanding substances in industrial effluents, introduced in 1970, has been very successful, stimulating a 90% reduction in pollution and a search for cost-effective abatement measures. However, a recently-enacted law aimed at agricultural pollution, using a combination of direct controls and taxes on polluting inputs, has led to resistance and is not likely to be very successful. Based on these programs, regulatory taxes seem more likely to be politically and technically feasible when (a) emissions can be monitored economically; (b) the relation between emissions and environmental harm is relatively uniform and predictable; (c) implementing agencies have the technical competence and strong political and economic incentives to monitor and tax strictly; (d) the regulatory taxes apply uniformly to all sources of pollution; (e) economic efficiency is strongly valued in environmental policymaking.     

Regulation and In-Company Environmental Management in the Netherlands*

This paper addresses the relationship between preventive systems of social control and regulation of the behavior of public bodies and private organizations. Illustrated with material on new developments in self-regulation concerning environmental management in companies in the Netherlands, the author argues that a combination of stimulated (or “regulated”) self-regulation and stringent enforcement policies is feasible and should lead to company compliance with environmental regulation. The article discusses the assertion that to reduce the social distance between government and individual citizen, between regulator and regulated, a mixture of policy instruments is needed, ergo: by involving societal groups of interested people in policy formation and self-regulation, enhancing the creation of normative systems (involvement “by association”) on the one hand and the availability of adequate law enforcement procedures on the other, corporations, through responsive government regulation, could promote an adequate and successful preventive system of social control.     

Forensic medicine in The Netherlands

In this paper a review is given of the evolution of the Dutch Forensic Medical Association (Forensisch Medisch Genootschap, FMG): post-graduate education and the position of the police surgeon today in the Dutch legal and medical society. In just a couple of years forensic medicine has grown into a respected form of social health with worldwide contacts.     

Quantitative criminology in The Netherlands

This article briefly describes quantitative criminology in The Netherlands since the seventies. Dutch quantitative criminologists have been active in most fields of the discipline of criminology: research has been done on the etiology of crime and, in relation to this, the self-report methodology. A number of victimization surveys have been executed, and in relation to this, attention was given to fear of crime, victims in the judicial system, and situational approaches to crime. There has been research on policy evaluation, sentencing, and differential treatment in the criminal justice system, and alternative sanctions. Recently three major international studies have been coordinated by Dutch criminologists: an international self-report study, an international victim survey of households, and an international survey of victimization among businesses. In this article we describe the first two studies and briefly compare some of their features. Overall, it appears that Dutch quantitative criminology is embedded in the international mainstream of criminology and, in general, has been strongly related to policy concerns.     

荷兰的缓刑制度

19世纪80年代,随着人道主义思想的传播,加之20世纪初传统刑法改革所提出的刑罚个别化的思想,行刑不再片面强调惩罚犯人与预防犯罪,犯人的矫正和重归社会得到更多关注,社区矫正和其他以社区为基础的现代刑罚措施开始彰显效益,缓刑制度逐渐受到人们的重视。19世纪90年代开始,欧洲     

Netherlands Insolvency Law: The Netherlands Bankruptcy Act and the Most Important Legal Concepts

Netherlands International Law Review -     

Forensic cases involving the use of GHB in The Netherlands

In this study, forensic cases involving the use of Gamma Hydroxy Butyric acid (GHB) from the second half of 1999 through the second half of 2001 in The Netherlands (blood >5mg/l and urine >10mg/l) are described. GHB was analysed by GC-MS after lactone formation and using GHB-d6 as internal standard. The results are divided into three groups: cases of chemical submission, cases of driving under the influence and cases of unknown causes of death.GHB was found in six cases of possible chemical submission. In these cases, relatively low concentrations of GHB were found. The results show that in cases of chemical submission, urine should be analyzed, because GHB is present longer in urine than in blood. The police should collect the samples in containers that do not contain citrate as anticoagulant. Especially at low levels of GHB, the formation of GHB in these tubes hampers an interpretation of the results.GHB was found in 13 cases of driving under the influence. In contrast to the cases of chemical submission, high concentrations of GHB were found, corresponding with observations of extreme sleepiness or temporary loss of consciousness.GHB was found in 16 cases of unexplained death: the measured range of GHB concentrations in blood might correspond to effects such as drowsiness, but not to serious toxicity of GHB. In 4 of these 16 cases, the role of GHB could be excluded. In the remaining cases, the role of GHB remains unclear; more research into "background" concentrations of GHB in post-mortem material is required.The incidence of the use of GHB in The Netherlands cannot be derived from these toxicological data. As GHB is not routinely found during systematical toxicological analyses, these data may seriously underestimate the use of GHB. Therefore, information from the police to the forensic institute is essential.     

The politics of health-care reform in the Netherlands since 2006

This article comments on Schut and van de Ven's overview of the results of purchaser competition in Dutch health care, which concludes that the glass can be seen as half full or half empty. Although it is true that results have been achieved, we believe that the evidence is incomplete and in some respects flimsy. More importantly, however, Schut and van de Ven neglect the political context of the market reform introduced in 2006. The reform is far from finished and there has been a constant need for political compromise. Optimism about the market's potential also seems to be on the wane. Several insurer and provider initiatives have provoked political resistance. As a result, there are good reasons to argue that the reform's future is uncertain.