The Valuation of Ecosystem Services in International Investment Arbitration

Abstract

Ecosystem services are essential to human life, inextricably woven into the foundations of our civilizations and economies. This article lays the theoretical foundation for the incorporation of ecosystem services valuation into international arbitration, applying the scientific and economic scholarship in this area to legal dispute resolution. Traditional international investment law and modern legal scholarship fail to address either the value ecosystem services bring to landowners or the repercussions of investor activity on their fragile health and vitality. The evolution of international dispute resolution and growing threats to the natural environment urge the development of a new perspective that closes these gaps. Investor-state dispute settlement is a flexible enforcement framework used by thousands of international investment agreements. It provides an ideal forum for inaugurating the internalization of the positive externalities generated by these precious resources. Recognizing the economic and environmental importance of these services and their impact on legal relationships, this article unfolds a legal basis for incorporating the valuation of ecosystem services into damages calculations in international investment arbitration awards.     

Black Petes & Black Crooks? Racial stereotyping and offending in the Netherlands

In the popular Dutch tradition of Sinterklaas, the caricature of his helper ‘Zwarte Piet’ [Black Pete] is often of a black-faced white person. The representation of this character has been surrounded by controversy in Europe and abroad. The following paper discusses these recent controversial media stories in the Netherlands and Western Europe along with the historical context of this character. We also make an argument about how the pervasive imagery in news, television, and theatre of people of color in the Netherlands may be influencing crime statistics by creating and encouraging negative views of ‘the other’. In the Netherlands, Dutch Caribbean and Surinamese first-generation immigrants compared to white, native Dutch are over-represented in official arrest and prison statistics. We theorize that the reasons for this noticeable overrepresentation in crime statistic is it at least in part due to a societal stigma of ‘the other’ and racial profiling of black ethnic minorities.     

How Government and Community Nonprofit Collaboration and Non-Collaboration Affects Public Sector Outcomes

This four state foster care study seeks to understand what practices state public managers perform with regards to community nonprofits that contributes to effectiveness in producing better public sector outcomes. The study produced key player field research data on the conditions under which community nonprofits produce better public sector outcomes.

This article offers reasons as to why some effective community nonprofits were able to achieve collaboration with the public sector, while others were not, despite their effectiveness. Effective public managers in the area of foster care administration permit, and at times recruit, community nonprofits to have an impact on their foster care domain, while ineffective public managers never reach out to community nonprofits as partners or further yet, block nonprofits from access.     

Offending histories and offending behaviour: A Ten year follow-up of sex offenders tried by Sheriff and District Courts in Grampian,Scotland

From criminal complaint records all incidents of sexual misbehaviour resulting in charges in three North East Scotland courts during 1981 and 1982 were traced. Of the 80 alleged offenders, 75 were followed up for 10 years using current criminal records.

Offending behaviour ranged from obscene telephone calls to rape. Half the offenders made no physical contact with their victims. These “hands-off” offenders were compared with “hands-on” offenders and were found to show a higher prevalence of sexual convictions both before the index offence and in the follow-up period. Those offenders who removed their victims clothes or had sexual intercourse with their victims were found to have the lowest prevalence of sexual reoffending. Degree of intrusiveness was inversely related to sexual recidivism in this sample and there was no evidence of progression over time to more intrusive offending.     

Examining the effectiveness of a UK community-based sexual offender treatment programme for child abusers

Abstract

An analysis of psychometric data from a sample of 341 UK child abusers who had completed a probation-based sex offender treatment programme was carried out in order to assess the effectiveness of therapeutic treatment. A cluster analysis was also undertaken to examine the pattern of pre-treatment problems. Three clusters of offenders, with distinctly different psychometric profiles, were identified depending upon the number and extent of their offence-specific and social adequacy problems. These were labelled Low need, Medium need and High need. Pre–post analyses revealed clinically significant treatment effects for the entire sample, with differing effects found across the clusters as follows: 50–81% of the Low need group scored within the cut-off (or normative range) at the post stage, while between 3% and 26% had shifted to a clinically significant degree; 34–75% of the Medium need group scored within the cut-off range after treatment, while between 9% and 100% had shifted to a clinically significant degree; 16–52% of the High need sample scored within the cut-off at the post-treatment stage, and between 15% and 80% had shifted to a clinically significant degree.     

Using the cognitive interview with adults with mild learning disabilities

Abstract

Forty-seven adults with mild learning disabilities (mild intellectual disabilities) attending day-centres and thirty-eight adults from the general population viewed a videorecording of an accident. A day later the participants were interviewed using either a cognitive interview (CI) or a structured interview (SI, a control interview). Compared with their counterparts with learning disabilities, adults from the general population recalled more correct information and made fewer confabulations about persons and objects. Nevertheless, the type of interview had an impact. For both groups, the CI was more effective than the SI in enhancing recall although, for the ‘learning disabilities’ group, the CI also produced a disproportionate increase in the reporting of person confabulations. All the same, the accuracy ratios were similar across interview types (80% for the CI and 82% for the SI). It is suggested that the CI could be helpful in assisting people with learning disabilities to provide information about events they have seen.     

The cognitive interview: A survey of its forensic effectiveness

Abstract

The cognitive interview has been shown to have the potential to enhance witness recall. Consequently, it has been adopted by all police forces in England and Wales. The present paper surveyed 96 police officers trained in the cognitive interview and 65 untrained police officers, using a questionnaire. Officers rated how frequently they used and how useful they found components of the cognitive interview. Trained officers were significantly more likely to use instructions to mentally reinstate context, use different orders, change perspectives and imagery. Amongst trained officers there was a consensus that some components of the cognitive interview were used more frequently and were believed to be more useful than others. Rated as most useful and most frequently used were establish rapport, report everything, encourage concentration, witness compatible questioning, and mental reinstatement of context. Rated as less useful and less frequently used were recall in different orders, imagery, change perspectives and transfer control. Further responses indicated that the cognitive interview was generally perceived to be a useful procedure that increases correct recall, although officers were still aware that incorrect information can also be generated. However, a major problem for many officers was that they do not have the time to conduct a full cognitive interview.     

Offenders' lies and truths: an evaluation of the Supreme Court of Sweden's criteria for credibility assessment

Abstract

The criteria used by Swedish courts for assessing credibility of plaintiffs' accounts were for the first time scientifically evaluated. Furthermore, unlike much previous deception detection research, we used offenders as participants instead of college students. False and truthful confessions by 30 offenders were analysed, and few significant effects were obtained. Truthful confessions were rated as having a higher degree of clarity than false confessions. Women's truthful confessions were rated as more credible than their false confessions. The offenders who were most experienced in being interviewed by the police gave a stronger impression of talking about something self-experienced in their false than in their truthful confessions; hence, it seems that offenders with more police interview experience have developed a kind of expertise in telling a convincing lie about crime. Overall, the criteria for credibility assessment used by Swedish courts had very limited usefulness in discriminating truthful and false confessions. A critique of the current status of evaluating statements in Swedish courts is provided.