European Community politics and electoral representation: Evidence from the 1989 European Elections Study

Abstract: In spite of the fact that the European elections were, in most countries, not fought over the issue of Community building and European integration, this article shows that only a few parties take positions towards the Community which are clearly out of line with the average position of their voters. The parties involved are the orthodox-Protestant combination in the Netherlands, the Workers Party in Ireland, the Italian MSI, and the greens in Germany, the Netherlands, Ireland and, to a somewhat lesser extent, Luxembourg. The discrepancies between these parties'positions and the attitudes of their electorates - in combination with their generally successful electoral performance - underscores what is known from other analyses: Parties do not acquire votes on the basis of European issue concerns, but on the basis of national political concerns. The result of the European elections may still, however, be considered as an ex post facto , endorsement and legitimation of parties'policies towards European integration.     

European parties' performance in electoral competition

Abstract: This article focuses on competition for votes between parties, as it existed in Western Europe in the period of the direct election to the European Parliament in 1989. Following earlier research by Van der Eijk and Niemöller, an instrument is introduced to measure the probability of party choice of EC citizens which establishes the likelihood of respondents to vote for any of the nationally relevant options/parties. A number of substantive conclusions about political parties'competitive performance result from this research. First, a single mechanism seems to structure electoral competition in all EC member-countries. Second, the competitive performance of political parties is not affected by their governmental status, their ideological position, and the degree of politicisation of the electoral environment. And third, parties'competitive performance is strongly affected by the degree of uniqueness of their electoral potential, their mobilising capacities, their ideological extremity and their sheer size.     

'ONE CHIEF, ONE VOTE': THE REVIVAL OF TRADITIONAL AUTHORITIES IN POST-APARTHEID SOUTH AFRICA

During the apartheid era, chiefs were maligned as puppets ofbantustan rule. In ANC-related circles, it was widely assumedthat chieftaincy would not survive in the post apartheid era.But the institution of traditional leadership has proved highlyflexible. Rather than being phased out as relics of pre-modemtimes, chiefs are re-asserting themselves in the new South Africa.Chiefs have survived throughout this century with a strategyof shifting alliances. Towards the end of the 1980s, chiefswere re-orienting themselves towards the ANC, rightly perceivedas the new ruling party-in-waiting. Combining the resourcesof tradition with a discourse of liberation politics and development,they were able to explain constitutional and other legal guaranteesfor the position of traditional leaders and their representationsin the local, provincial and national administration. For itspart, the ANC had an interest in wooing chiefs to its side inorder to prevent the emergence of a conservative alliance wheretraditional leaders could join forces with the bantustan elites.The article analyses these developments, discusses the mainthemes of debate and concludes with a briefcase study of chieftaincyissues in the Northern Transvaal.     

Global Climate Change and the Fragmentation of International Law

Born into the wider body of international law, the climate regime needs to be understood in light of preexisting regimes. By drawing on the current debate about fragmentation in international law, this article highlights challenges for international lawyers and policymakers in navigating the relationship between the climate regime and the biodiversity regime, and the relationship between the climate regime and the multilateral trading system. This article concludes that a narrow focus on conflicts misrepresents the multifaceted nature of climate change and precludes an adequate jurisprudential understanding of the relationship between the climate regime and other regimes. An improved understanding, particularly with respect to interactions with the biodiversity regime, requires a broadening of the debate that takes account of the institutional aspects of these relationships that may allow enhanced political cooperation and coordination. Further, international law, and in particular the emerging concept of systemic integration, has the potential to make a positive contribution to the climate‐trade interplay.     

Law‐Linked Justice and Existence‐Linked Justice

Abstract. Justice as a manifestation of “the just” is an evasive concept. On the one hand there is the law, an operation run by professionals. On the other hand there are the citizens the law is meant for. Generally speaking the law strives for justice. But the law has to protect many different interests and must work through legal devices. Therefore the justice that emerges from it is necessarily a legal compromise. For the citizens the legal rules are a given reality. Generally they will agree that the law is there to achieve justice but legal arguments that justify a rule or decision cannot have the same value for them. In cases that affect them personally, justice will be a personal, existential experience, which may be incompatible with legal justice. It is hard to keep these two forms of justice under one roof. In order to make this easier this paper proposes a conceptual split between “law‐linked justice” and “existence‐linked justice.” It is argued that the law cannot in truth to its rational origin ignore the citizens’ experience of justice, out of the ordinary as they may be.     

Chile's (Inter)National Identities: Framing the Relations with Bolivia and Peru

National identities play a significant role in Latin American international relations. They affect the ways in which policy‐makers view themselves and others, as well as influencing the ways in which their policies are ‘received’ abroad. In this way, identities create opportunities and constraints for foreign policy‐making, framing the relations between Latin American countries. The author argues that, since 1990, three main patterns of Chilean identity recently affected the country's relations with its northern neighbours Bolivia and Peru: a ‘neoliberal identity’, a ‘legalistic identity’ and a ‘progressive identity’. These three patterns of identity have created opportunities for cooperation as well as causes for conflict.     

National parliamentary control and voting in the Council of the European Union

This article explores the different ways governments express dissent in the Council of the European Union (EU) through ‘No’ votes, abstentions and recorded negative statements. A game-theoretical model is presented that studies voting behaviour and analyses how the national parliaments’ levels of control over their governments’ EU policies affect it. It is concluded that governments that are strongly controlled by their parliaments are not more likely to express dissent. However, when they do express dissent, they vote ‘No’ more often. Parliamentary control depends on the presence of formal oversight institutions as well as the motivation of parliamentarians to hold their governments accountable. Empirical support is found in an analysis of votes on 1,387 legislative proposals that represent more than a decade of Council decision making in the period 2004–2014. This article contributes to the discussion on the involvement of national parliaments in EU affairs, and clearly distinguishes the different forms of dissent in Council decision making.     

Opening Pandora's Box: Protecting Children Against Torture or Cruel,Inhuman and Degrading Treatment or Punishment*

Children are rarely perceived as torture victims, although they may be easier targets. International inertia is compounded as not only torture, but also ‘other cruel, inhuman or degrading treatment or punishment’ is prohibited. Some of these occur in the private sphere, which traditionalists erroneously assume outside of international human rights law. Children may also be unprotected because they suffer from trauma in different ways from adults. Jurisprudence of human rights fora based principally on adult victims, despite some dicta to the contrary, risks international standards being inappropriately applied to child victims. This promotes an analysis which fails to address the particular vulnerabilities of children and their role as social actors.