Hague Case Law — Latest Developments

Netherlands International Law Review -     

Why Right‐Leaning Populism has Grown in the Most Advanced Liberal Democracies of Europe

Immigration and new class divisions, combined with a growing anti‐elitism and political correctness, are often used as explanations for the strong gains for right‐leaning populist parties in national elections across Europe in recent years. But contrary to what we might assume, such parties have been very successful in the most developed and comprehensive welfare states, in nations—such as the Nordic countries—with the best scores on economic equality and social inclusion and long established political and judicial institutions enjoying a high degree of popular legitimacy. As argued in this article, this seems to happen because a duopoly of the centre‐left and centre‐right political establishment has kept issues such as immigration and new class divisions off the public agenda and hence paved the way for right‐leaning ‘disruptor’ populist parties with an anti‐immigration agenda in times of increasing immigration.     

Book reviews

Ephraim Maisel, The Foreign Office and Foreign Policy 1991-1926 (Brighton: Sussex Academic Press 1994), £35. ISBN 1-898723-04-4.

Timothy P. Maga, The World of Jimmy Carter: U.S. Foreign Policy 1977-1981 (West Haven, CT: University of New Haven Press, 1994). 189 pp. ISBN 0-936385-23-0.

Michael Leifer, Dictionary of the Modern Politics of South-East Asia (London and New York: Routledge, 1995), xii + 271pp. £45. ISBN 0-415-04219-4.

Christopher C. Harmon and David Tucker (eds.), Statecraft and Power: Essays in Honor of Harold W. Rood (Lanham and London: University Press of America with the National Institute for Public Policy, 1994), 284pp ISBN 0-8191-8718-6.     

Institutionalizing Legal Consciousness: Regulation and the Embedding of Market Participants in the Securities Industry in Ghana and Fiji

How do differences in the implementation of regulation impact market behavior? I propose a theoretical framework to understand this impact as part of the process of embedding market participants through the institutionalization of legal consciousness within a field of action. I use this framework to understand the impact of the difference in the implementation of securities regulation in Ghana and Fiji. In Fiji, where the regulatory agency is more present and process‐oriented, brokers operate with a greater orientation toward formal rules. In Ghana, where the regulatory agency is distant and auditing, brokers rely on explicit enforcement of floor‐based norms. Conceiving of legal consciousness as an emergent feature of a field of social action advances the understanding of how legality is institutionalized, since the emergent structure shapes the orientations, behavior, and relations of actors within the field.     

Main Achievements of the ICTR

Since trials began in 1997, the International Criminal Tribunalfor Rwanda (ICTR) has conducted cases involving 50 accused,involving a prime minister and several ministers, prefects,bourgmestres and other leaders, who would otherwise not havebeen brought to justice. Judgments have been rendered in respectof 25 accused, with three acquittals. During the first mandate(1995–1999), the Tribunal delivered ground-breaking judgmentsconcerning genocide, such as Akayesu and Kambanda. In the secondmandate (1999–2003), the judicial output doubled and includedthe Media judgment. Halfway into the third mandate (2003–2007),trials involving 25 accused are ongoing. The ICTR is an efficientjudicial institution which has conducted fair trials, createdimportant jurisprudence, and made a significant contributionto the development of international criminal justice.