Restating the Acquis Communautaire? A Critical Examination of the ‘Principles of the Existing EC Contract Law’

The article examines the 'Principles of the Existing EC Contract Law' (Acquis Principles) published by the European Research Group on the Existing EC Contract Law (Acquis Group), a key player within the academic network charged with the preparation of a 'Common Frame of Reference'. The Acquis Principles may therefore have a considerable impact on the shape and development of EC Contract Law. It is argued that the Acquis Principles do not constitute merely a restatement, or systematic revision, of existing EC private law. To a significant extent, the Acquis Group has drafted 'desirable rules', based on 'political' decisions that may even entail a transformation towards a regulatory model of private law. At the same time, the Acquis Principles clearly demonstrate that the acquis communautaire is not a coherent system of contract law that can be taken to have emancipated itself from the acquis commun .     

Patterns of Truthfulness

The encounter of Advaitins with bhakti represented a new departure, in seventeenth century India, and gave birth to a new style in philosophy. It was a time when rational inquiry emancipated itself to a certain extent from the tradition of commentaries and exegesis. But we should not confuse two different ideas of rationality. Using one’s own reason in religious matters is one thing, and this is what the new philosophers did in India; spreading the lights of Reason is another thing, and this was not an issue in India.     

Mitochondrial DNA control region population data from Macedonia

Mitochondrial DNA sequences of the entire control region were analyzed in 200 unrelated individuals from Macedonia. A total of 163 different haplotypes were found as determined by 177 polymorphic sites. The probability of a random match was calculated as 1:121 (0.83%). The basic phylogenetic structure of the Macedonian population as derived from its haplogroup distribution is in agreement with other West-Eurasian populations. Upon publication, the population data are going to be available in the EMPOP database (www.empop.org) [W. Parson, A. Dür, EMPOP—a forensic mtDNA database, FSI:Genetics 1 (2) (2007) 88–92; W. Parson, A. Brandstätter, A. Alonso, N. Brandt, B. Brinkmann, A. Carracedo, et al., The EDNAP mitochondrial DNA population database (EMPOP) collaborative exercises: organisation, results and perspectives, Forensic Sci. Int. 139 (2–3) (2004) 215–226.].     

The European Union and Post-9/11 Counterterrorism: A Reappraisal

In spite of the hectic activity subsequent to the so-called month of transformation in the wake of 9/11, it is not to be taken for granted that the European Union is the right vehicle in Europe for the combating of terrorism. The lack of the EU's executive powers with respect to regulating the behavior of member states relative to a common threat such as terrorism, raises the fundamental question of whether the Union itself, as opposed to its constituent members, or an alternative multilateral forum, is an appropriate body for effectively confronting terrorism in Europe.     

Esophageal injury in fatal rear-impact collisions

Neck injuries resulting from motor vehicle collisions (MVC), often referred to as whiplash trauma and injury, often demonstrate little or no evidence of significant tissue damage. In rare instances, however, serious injury to the anterior neck organ injuries can result from such trauma. The present study describes esophageal injury associated with rear-impact collisions, based on a unique case report, review of the scientific literature and a query in the National Automotive Sampling System (NASS) database of the US National Highway Traffic Safety Administration. The Medline search and present case study totaled five cases of rear-impact collision-related serious esophageal injury (laceration or rupture). In the four published cases all patients survived, whereas in the presented case study, the patient died due to mediastinitis and sepsis. The NASS query revealed an additional three cases out of a total of 55,926 investigated crashes. All three cases were associated with fatalities. Although no anatomical or bioengineering studies have presented data on the behavior of the esophagus during rear-impact whiplash loading, sudden tensile and/or compressive forces is the likely explanation of injury, often in combination with a local fracture of a vertebral body. In these 8 cases significant esophageal injury carried a substantial (50%) risk of mortality. Clinicians should be aware of the potential for significant complications in the whiplash trauma-exposed patient who complains of chest pain, mid-thoracic pain, discomfort in the neck and throat, respiratory distress, or hoarseness. For those forensic specialists involved in whiplash cases these study results highlight the need to consider esophageal injuries as a rare but potential consequence of whiplash trauma.     

The double dividend: Miracle or fata morgana?

Public Choice - The discussion on an ecological tax reform has as a central element the idea of a double dividend: to get a better environment, a better tax system with less distortions, and...     

Predicting daily-life antisocial behaviour in institutionalized adolescents with Transgression-related Implicit Association Tests

This study investigated whether implicit attitude (IA) and implicit self-concept (ISC) towards transgression predicted daily-life antisocial behaviour (ASB) in institutionalized adolescents. Eighty-seven adolescents completed two Implicit Association Tests (IAT) assessing IA and ISC towards transgression, and reported four times a day during eight days the intensity of their ASB. Staff members concurrently reported the intensity of each adolescent’s ASB. Adolescents filled in the Inventory for Callous-Unemotional Traits and answered a semi-structured interview assessing conduct disorder. Multilevel regression analyses confirmed that adolescents’ ISC towards transgression significantly predicted their self - and staff-reported ASB over and above conduct disorder and callous-unemotional traits. However, adolescents’ IA towards transgression did not predict their ASB. Results indicate that ISC towards transgression is a reliable predictor of daily-life ASB in institutionalized adolescents. These results suggest that transgression-related ISC represents a promising target for ASB prevention in institutionalized adolescents.     

Vital animal predation of the genital region caused by a mongrel dog

A 79-year-old man, who was in a helpless situation due to cardiac decompensation, suffered dog bite injuries on the left thigh and in the genital region while still alive. Two extensive soft-tissue defects with contused and bruised wound edges were surrounded by multiple slit-like skin lesions. The outer genitals were almost completely missing. Because of surgical emergency treatment, molecular biological investigations were no longer possible. Therefore, the cause of the bite injuries had to be determined solely on the basis of the documented morphology of the wounds.