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.     

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.     

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.     

环境赔偿法——以荷兰为例的社会法学分析

本文对环境民事责任立法进行分析,以图有益于是否需要以及如何进行环境责任立法的讨论.主要分成两大部分.首先运用比较法分析,介绍荷兰的环境民事责任成文法与相关判例法,①包括实体法和程序法两个方面,希望能为中国的立法提供一些值得借鉴的有效途径.然后,主要采用社会法学观点进行分析,讨论荷兰判例法的相关规范移植到中国的可能性和效果,并从公平正义、法律意识等角度,对中国的新立法做出预测.社会法学的分析是本文的重点,强调判例法对于环境责任立法的重要性.在环境法这样一个复杂领域,法律规范应当来自于现实而非抽象的原则性规定.通过对一些已经被欧洲各国承认的判例的介绍,论证法学与社会经济学相结合的分析方法对于立法的重要意义.环境民事立法应当具有环境个体保护的立法价值,还必须体现公平正义积极有利于法律意识的提高.同时,要配之以相当的执行力度,这主要有赖于法律有关规定和诉讼成本以及胜诉率等因素     

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 -