Hague Case Law — Latest Developments

Netherlands International Law Review -     

Democracy and the Preparation for War: Does Regime Type Affect States' Anticipation of Casualties?

Immanuel Kant and more recent expositors of the democratic peace thesis suggest that citizens in a republic sanction leaders for resorting to war because, in part, citizens are loath to shed their own blood. This Kantian thesis in turn implies substitution. Just as consumers confronted with price shocks shift consumption to less affected goods rather than simply curtailing consumption, democratic leaders facing retribution for casualties can limit losses, not just by avoiding military contests, but also by substituting capital (ships, tanks, aircraft) for labor (soldiers, sailors, airmen) in the provision of security. A simple consumer choice model shows that citizens' leverage over leaders implies that democracies should consume disproportionately more capital in preparing for—and conducting—defense. Numerous anecdotes assert that democracies do shelter labor with capital, especially during war, but tests of defense-factor allocations on factor endowments, regime-type, and other variables show that defense-factor usage is explained by basic economic theory and not by democracy.     

Demand for credit,international financial legitimacy,and vulnerability to crises: Regulatory change and the social origins of Iceland's collapse

By analyzing how credit in Iceland expanded to culminate in the country's 2008 financial collapse, this article advances theories about financial crises, regulatory change, and the role of credit. It also complicates popular accounts of Iceland's collapse that focus on the actions of unrestrained bankers by examining the larger context that facilitated these banking practices. After financial liberalization, Icelandic businesses and households had strong demand for credit as a result of: (i) the institutional meaning of credit, (ii) an emergent growth strategy of aggressive international expansion, and (iii) increasing consumption. Incorporating business demand for credit extends demand‐side theory of crises and shows how dominant strategy and shared government and business orientation toward opportunity shaped credit expansion. Credit‐based consumption also stabilized social relations despite increasing inequality. Notwithstanding warnings of risk, regulation did not restrain risky leverage. International market reactions reinforced beliefs about Icelandic success to limit regulatory reach, as Iceland's international financial legitimacy produced market‐based measures that leaders interpreted as signals of economic success.     

Distance,services, and citizen perceptions of the state in rural Africa

In most poor countries, basic services in rural areas are less accessible and of lower quality than those in urban settings. In this article, we investigate the subnational geography of service delivery and its relationship with citizens' perceptions of their government by analyzing the relationship between service access, satisfaction with services and government, and the distance to urban centers for more than 21,000 survey respondents across 17 African countries. We confirm that access to services and service satisfaction suffer from a spatial gradient. However, distant citizens are less likely than their urban peers to translate service dissatisfaction into discontent with their government; distant citizens have more trust in government and more positive evaluations of both local and national officials. Our findings suggest that increasing responsiveness and accountability to citizens as a means of improving remote rural services may face more limits than promoters of democratic governance and citizen‐centered accountability presume.     

Solid or Flexible? Social Trust from Early Adolescence to Young Adulthood

The belief that people are generally fair and trustworthy has generated plenty of scholarly attention in recent decades, particularly in the Scandinavian countries, which are often known for high levels of social trust. This article draws attention to the current discussion in the literature on whether social trust is a stable cultural trait marked by persistence or is based on experiences and subject to change throughout life. Based on unique longitudinal data from five different cohorts of young people in Sweden, ranging in age from 13 to 28 years, this article provides an empirical contribution on how social trust develops over time. The results show that there is a greater degree of instability in social trust between 13 and 15 years of age than in other age groups, and that social trust appears to stabilize with age. Findings also indicate that there are substantial inter‐individual differences in social trust among young people within the same age group, both in initial levels and in the rates of change over time. The article concludes that although social trust is relatively stable it tends to crystallize in early adulthood, highlighting the relevance of the impressionable‐years hypothesis.     

The Sympathetic Formation of Reason and the Limits of Science

I develop an interpretation of reason using the thought of David Hume and Adam Smith. I contend that reason in Hume and Smith can plausibly be interpreted as a kind of sensation. Reason is a sensation in that it is a sentimental conception of the relationship between two objects that impels certain interpretations. Reason is developed sympathetically in experiential contexts that not only guide but constitute reason’s operation. I comment on Hume’s talk of reason in his Treatise of Human Nature to build my interpretation. I use Smith’s work in The Theory of Moral Sentiments to develop an understanding of the sympathetic formation of reason. I briefly integrate my interpretation with talk of confirmatory bias in psychology and behavioral economics. I conclude by considering implications for scientific conversation.     

Navigating the dichotomy: The top public servant's craft

How in their day‐to‐day practices do top public servants straddle the politics–administration dichotomy (PAD), which tells them to serve and yet influence their ministers at the same time? To examine this, we discuss how three informal ‘rules of the game’ govern day‐to‐day political–administrative interactions in the Dutch core executive: mutual respect, discretionary space, and reciprocal loyalty. Drawing from 31 hours of elite‐interviews with one particular (authoritative) top public servant, who served multiple prime ministers, and supplementary interviews with his (former) ministers and co‐workers, we illustrate the top public servants’ craft of responsively and yet astutely straddling the ambiguous boundaries between ‘politics’ and ‘administration’. We argue that if PAD‐driven scholarship on elite administrative work is to remain relevant, it has to come to terms with the boundary‐blurring impacts of temporal interactions, the emergence of ‘hybrid’ ministerial advisers, and the ‘thickening’ of accountability regimes that affects both politicians and public servants.     

The Young Turk revolution: comparisons and connections

This article consists of a comparative analysis on the one hand, and an attempt to trace influences and connections, on the other. In the comparative part, it seeks to determine the place of the Ottoman constitutional revolution of July 1908 in the global wave of revolutions in the decade before the First World War. It accepts that there is a high degree of similarity in the liberal constitutionalist ideology of the revolutionary movements, but emphasizes the differences in the social bases of the revolutionary movements. In the part on connections, the influences on the Young Turks' ideology, organisation and revolutionary methodology are traced, as well as the influence they exerted on other revolutionary movements.     

Families in multi-problem situations: Backgrounds,characteristics, and care services

The article reviews practical experiences and theoretical reflections from the Dutch child and youth care sector on the provision of care for families with multiple problems. Emphasis is laid upon the complex relations between socioeconomic and psychosocial problems, and subsequent issues that may arise in arranging child and youth care. Furthermore, the current state of discussion in program development for the target group in the Netherlands is introduced. The originally English concept of families with multiple problems has been used only modestly in German-speaking countries. This is remarkable from an international perspective, especially considering the re-emerging prominence of social policies that define families as a site of social work practice in English-speaking countries. We conclude that the themes, as derived from our review open up possibilities for further international comparisons, and can provide valuable reference for the transnational discourse about child and youth care services for families with multiple problems.