Has the cocaine epidemic arrived in the UK?

National surveys of the UK drug situation in 2000 found that cocaine was the most frequently seized Class A drug, with 25-40 tonnes of cocaine being smuggled into the UK each year. In the light of these findings, an audit of the analytical monitoring for cocaine abuse has been performed covering the period from 1996 to 2002. It was found that there has been a consistent upward trend in the percentage of requests found to be positive for cocaine over this 7-year study period, rising from 9.7% in 1996 to 22% in 2002. This data would suggest that the use of cocaine has increased dramatically over the past few years, indicating that the arrival of the "cocaine epidemic" has now started to become a reality in the UK.     

Assessing the best interests of the child in cases of cross-border surrogacy: inconsistency in the Strasbourg approach?

This article examines the approach of the European Court of Human Rights (ECtHR) to assessing the best interests of the child in three recent cases of cross-border surrogacy, namely Mennesson v France, Labassee v France and Paradiso and Campanelli v Italy. It is argued that these cases reveal inconsistency in the ECtHR’s assessment of the best interests of the child. In Mennesson and Labassee, the ECtHR found that the national authorities’ refusal to legally recognise the relationships between the children and the intended parents amounted to a violation of Article 8 ECHR, whereas no violation was found in Paradiso. A notable distinguishing feature of Paradiso was that there was no genetic relationship between the child and the intended parents, and it is this point that seemingly led the Court to assess the best interests of that child differently to the others.     

Parliaments in Africa: Representative Institutions in the Land of the ‘Big Man’

This paper analyses the perceptions among survey participants, of African parliaments and presidents and examines their citizens’ attitudes towards the coexistence of these two institutions. It aims to determine the way citizens rate their parliaments compared with their presidents. It further seeks to answer the question of whether Africa remains the continent of the ‘big man’, where absolute power lies with an individual, feeding clientelistic relationships. In the decades following the transitions to independence, most of the continent was marked by a proliferation of monoparty regimes; in many cases, these were almost one-man regimes. A majority of the leaders symbolised, at an early stage of independence, the birth of the nation itself. Many times these presidents have sought to extend their incumbency perpetually. However, over the last two decades this scenario has changed considerably. Monoparty parliaments have been replaced by multiparty parliaments and executives, and presidents have found themselves needing to share their leadership of the nation with parliamentarians. Not much is known about how these emerging parliaments have been operating, but the little that is known tells us that they have faced a lack of institutionalisation and still struggle to assert their independence from strong executives. It is therefore reasonable to expect that parliaments will be perceived as dormant institutions in the public eye.     

The Jewish population and family in the Polish–Lithuanian Commonwealth in the second half of the 18th century

The sources that can be employed to examine demographic aspects of the Jewish population and family in 18th-century Poland–Lithuania are sparse and mostly fiscal in origin. Since this source material has been preserved only for some periods and regions, few generalizations can be made. First, the authors have referred to the most comprehensive census that was carried out in 1791 by household in Cracow province (województwo krakowskie). It does not allow for detailed family reconstitution, however. Although extended/multiple family households might have been fairly common, the two-generational conjugal family unit seems to have prevailed, and no more than four nuclear families lived in one house. In addition, the age at first marriage was influenced only to a limited extent by the traditional practice of early marriage.     

Russia’s role in UNFCCC negotiations since the exit of the United States in 2001

The unexpected exit of the United States from the Kyoto Protocol in 2001 signaled the exponential increase in the importance of the Russian Federation as a key player in international climate change politics. Until then a relatively minor player, Russia’s active participation in the evolution of the climate change regime is now considered a paramount and immediate necessity. A longitudinal study of Russian climate policy over the years is therefore a highly useful exercise as it allows for the better understanding of current developments and provides some basis for prediction of its future actions. The primary aim of this article is threefold: First, to offer a comprehensive account of Russian involvement in international climate negotiations. Secondly, to clarify the actual reasons behind Russia’s decision to delay its ratification of the Protocol for almost three long years, and finally, to try and map out the post-2012 positions of Russia on the road to the 2009 Copenhagen Conference of the Parties.     

A place in the Sun? IRENA’s position in the global energy governance landscape

The International Renewable Energy Agency (IRENA), created in 2009, is the only intergovernmental organization dedicated to renewable energy. Drawing on several new datasets, this article explores IRENA in the context of three other major international energy organizations: the International Atomic Energy Agency, the International Energy Agency and the Organization of Petroleum Exporting Countries. Through this analysis, several empirical approaches to comparing international energy organizations are tried out. Direct comparison between IRENA other international energy organizations is found to be problematic as each organization is different and comparisons inevitably encounter apples and oranges type issues. The study finds that IRENA’s niche in international renewable energy governance is not yet fully carved out, but that the organization’s mandate and institutional structure, as well as recent international developments, indicate that it may grow rapidly in importance.     

The Role of Fear (Bhaya) in the Nikāyas and in the Abhidhamma

According to Buddhist soteriology, fear is a direct cause of suffering and one of the main obstacles in the path to liberation. Pāli Suttas and Abhidhamma present a number of sophisticated strategies to deal with fear and to overcome it. Nevertheless, in the Nikāyas and in the Abhidhamma there are also consistent instructions about implementing fear in meditative practices and considering it as a valuable ally in the pursuit of nibbāna By means of a lexicographical study of selected passages and especially of two compounds (bhayūparata and abhayūparata), this paper demonstrates that fear may have the crucial function of stimulating the meditator: through reiterated admonishments and reflections that evoke a feeling of dread, the meditator gets weary of unwholesome patterns and is prompted to put effort in his/her own practice. Evidence proves that this set of instructions is ultimately consistent with the several teachings that emphasize the importance of counteracting fear and fostering fearlessness, which is described as a quality of liberation as well as an attitude to be cultivated. In fact, a close analysis of the dynamics involved in bhaya (fear) and abhaya (fearlessness) as graphically depicted in the Nikāyas and in the Abhidhamma texts, reveals that stirring fear and letting go of fear are two essential steps of the same process.     

Forensic Psychiatric Examination in Criminal Cases in the United States

作者介绍了美国司法精神病鉴定的一些一般情况．美国法医精神病学家常受法院的委托，对刑事被告人进行精神状态鉴定和诉讼行为能力、责任能力评定．本文阐述了在美国的刑事案件审理过程中，对各种诉讼行为能力（包括受审能力、接受处决能力、放弃法定权利能力等）的认识及评定要点。论述了美国法律对判断有无刑事责任能力的历史发展变化．美国联邦及各州法律对刑事被告人责任能力评定中辨认和控制两要素存在不同看法，在司法实践中各州不尽相同，有些州只要鉴定人检查被告人有无辨认能力；有些州只强调有无控制能力；还有些州则要求鉴定人检查被告人有无辨认能力和控制能力，即两种能力都要．鉴定人检查被告人在作案当时有无精神病，主要根据临床经验及病史材料．     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

Can the Body Change the Score? Application of Sensory Modulation Principles in the Treatment of Traumatized Adolescents in Residential Settings

There is a compelling need for varied “trauma specific” treatment models for children and adolescents with complex trauma in residential treatment whose affect and behavioral dysregulation disrupts daily living and impedes treatment engagement. This conceptual paper introduces exploratory applications of sensory motor approaches to the treatment of affect and behavioral dysregulation. Sensory Integration, a specialization within occupational therapy (Ayres 1972, 2004) provides knowledge of the sensory motor systems and strategies for sensory modulation that addresses arousal regulation, which underlies this dysregulation. The article describes three clinically supported approaches to the use of sensory modulation in residential treatment sites: use of sensory rooms; use of sensory integration occupational therapists at residential treatment sites; and a trauma psychotherapy that utilizes sensory motor strategies to improve regulation and support trauma processing.     

All in the Family? Family Environment Factors in Sibling Violence

Sibling violence is presumed to be the most common form of family violence and the least studied. Based on data from “Physical Violence in American Families, 1976,” this paper assesses the family environment factors associated with sibling physical violence. Of a range of potential family influences, measures of family disorganization were the most significant predictors of sibling violence, overriding the characteristics of children or particular family demands. What mattered most to the occurrence of sibling violence was a child’s actual experience of physical violence at the hands of a parent, maternal disciplinary practices and whether husbands lose their temper. These findings point to the deleterious effect of corporal punishment, and suggest sibling violence in families is associated with more ominous family and gender dynamics.

Punitive Attitudes in Poland – The Development in the Last Years

Research results show that Poland’s population considers sentencing policies of courts to be too lenient, and represents often even extremely punitive attitudes. This punitiveness may have increased in recent years. For instance, results of surveys on attitudes towards the death penalty show widespread support for that kind of sanction, in recent years higher than under the communist regime. On the other hand, answers to the ICVS item regarding punitivity (asked in Poland five times) do not necessarily show Poles being extremely punitive against the background of other countries. With respect to those proposing imprisonment, Poland is among average countries, although duration of this imprisonment is above the average, especially for Europe. All this may indicate that attitudes towards punishment of offenders constitute a complicated issue. This is confirmed by the results of recent research confirming that there is a gap between abstract declarations about support for the death penalty and punishment proposed in more concrete cases. This research confirmed that there is a substantial majority of those supporting the death penalty in abstract terms. However, only in one sweep (out of three) and in one of five homicide cases respondents were confronted with, there was a majority supporting actual imposition of the death penalty. The fact that Poles are not necessarily always unusually punitive may be also confirmed by a rather broad support for mediation and restitution as a way of reacting to offences.     

Who is the parent in cloning?

In July 1996, a sheep named Dolly was born in Scotland. What makes Dolly's birth noteworthy is that she is the result of the first successful cloning attempt using the nucleus of an adult cell. The technique that led to Dolly's birth involved transferring the nucleus of a mammary cell from an adult sheep to the enucleated egg cell of an unrelated sheep with gestation occurring in a third sheep. The possibility of applying this technique to human reproduction raised concerns worldwide with several countries moving for an immediate bans on human cloning. In the United States, President Clinton requested that the National Bioethics Advisory Commission ("NBAC"), a multidisciplinary group composed of scientists, lawyers, educators, theologians, and ethicists study the implications of cloning and issue recommendations. The Commission consulted other scientists, ethicists, theologians, lawyers, and citizens with interests in this advancing technology and concluded that, "at this time it is morally unacceptable for anyone in the public or private sector, whether in a research or clinical setting, to attempt to create a child using somatic cell nuclear transfer cloning." This Article was included in a larger work prepared at the request of, and submitted to the Commission by, law professor Lori B. Andrews. Cloning through nuclear transfer will change the way we create and define families. This Article explores how existing law relating to parentage, surrogacy, egg donation, and artificial insemination may apply in the cloning context to clarify the parent-child relationship established through cloning.     

University–Industry collaboration in the biopharmaceuticals: the Italian case

We investigate the determinants of University–Industry (U–I) interactions in the biopharmaceuticals in Italy over the period 2004–2010, choosing co-publishing as a proxy of U–I partnerships. We construct a novel dataset of co-published articles, that contains measures of proximities, agglomeration, firms’ and universities’ characteristics. Following a consolidated methodology, we integrate our dataset of effective interactions with the set of all potential interactions, to estimate probabilistic models for the occurrence and the intensity of U–I interactions. Our main findings confirm and extend the predictions of the previous literature: (1) geographical proximity and prior partnership increase the probability and the intensity of co-publication; (2) the proximity of a firm to other biopharmaceutical firms and universities attenuates the relevance of geographical proximity; (3) there exists complementarity between prior partnerships and geographical proximity. A novel result is that firms’ and Universities’ size, firms’ R&D and patents expenditure and the composition of the academic staff as well as quality of academic research exert a significant impact on the intensity of co-publishing.     

Services Negotiations in the Doha Round: Lost in Flexibility?

The World Trade Organization (WTO) rules for services trade,under the General Agreement on Trade in Services (GATS), arefar broader in policy coverage than their counterpart provisionsunder the General Agreement on Tariffs and Trade (GATT), reflecting,inter alia, the Agreement’s extension to cross-bordermovements of services consumers and factors of production. Atthe same time, the GATS is significantly more flexible in applicationthan the GATT. There are virtually no political sensitivities,protectionist or not, that could not be formally accommodatedwithin its structure. Moreover, the paucity of relevant jurisprudenceon key concepts and a yet incomplete rule-making agenda haveprovided additional scope for ‘creative’ interpretation.However, while flexibility was a sine qua non for the conclusionof the Agreement, given the diversity of institutional conditions,political concerns, and so on among participants, it has notbeen conducive to one of the key objectives: ‘early achievementof progressively higher levels of liberalization’. Thisarticle discusses possible approaches that, within the Agreement’scurrent structure, could promote the clarity, quantity, andcommercial relevance of services commitments and address remainingrule-making issues. However, there is no panacea. The challengeremains to find a reasonable balance between economically meaningfuldisciplines and their broad application across sectors, modesof supply, and WTO Members.     

Holding Back the Tide— a Review of Recent Developments in Copyright Law in the United Kingdom

This article surveys recent developments in UK copyright law. It sets these developments in the context of broader trends in copyright law and policy. Significant decisions concerning subsistence of copyright, authorship, infringement, defences, remedies and collective licensing are analysed. The author notes that copyright, and other intellectual property rights, have been given extra force as a result of recent legislative developments. He argues that, against this background, it is possible to discern increasing judicial concern to ensure that such an expansion in monopoly power does not operate against the public interest.