Italy and the Comprehensive Agreement on Investments: disappointment over the process

Asia Europe Journal - The formal conclusion of the Comprehensive Agreement on Investments (CAI) has drawn much criticism. Criticisms for member states did not always recognise the same critical...     

The Universal Declaration of Human Rights at Seventy: Rejuvenate or Retire?*

This lecture marks the seventieth anniversary of the Universal Declaration of Human Rights (UDHR) with an analysis of the Declaration's contemporary relevance. It considers whether, in today's turbulent and fractured political environment in which human rights abuses remain widespread, the UDHR still has a role to play. A case is made that the UDHR was, in fact, written precisely for a moment like now. The lecture starts by considering the important legal impact of the UDHR, whilst acknowledging that the legal enforcement of human rights sometimes overshadows the emotions of care and empathy that lie at the heart of both the Declaration and the whole concept of human rights. It then emphasises the significant role the UDHR has played in giving individuals a voice to hold states accountable. Finally, it explores the UDHR's ethical and inspirational vision that helped to create a baseline of norms and standards aimed at promoting diversity, mutual respect and peace. For all these reasons, the UDHR most certainly needs to be rejuvenated rather than retired.     

Decapitation due to car accident

The occurrence of complete decapitation as a consequence of car accident is an extremely rare event. This fatality is generally seen in pedestrians run over by trains and also in motorcyclists who impact against the tailboard of trucks. Moreover, complete transection of pedestrians and occupants of cars has been described in road accidents especially in case of vehicles traveling at a high speed. We present a case of decapitation with complete degloving injury of the neck in a patient involved in a traffic accident, and we briefly discuss the possible mechanisms producing this injury.     

Psychopathology and weapon choice: a study of 103 perpetrators of homicide or attempted homicide

Bone marrow (BM) analysis is of forensic interest in postmortem toxicological investigation in case of limited, unavailable or unusable blood samples. However, it remains difficult to determine whether a drug BM concentration is therapeutic or represents overdose, due to the lack of studies on this alternative matrix. Given the variations in BM composition in the body, sample location was suggested to be a relevant factor in assessing BM concentration. The aim of the present study was to compare postmortem caffeine concentrations in various BM sample locations and secondly to consider the correlation between BM and blood concentrations. Six BM samples (right and left side: proximal and medial femur and 5th rib) and a blood sample were collected from 21 forensic autopsies. Gas chromatography coupled to tandem mass spectrometry was performed. Blood caffeine concentrations ranged from 60 to 7591ng/mL. Femoral and rib BM concentrations ranged from 51 to 6171ng/g and 66 to 7280ng/g, respectively. Blood concentrations were always higher than BM concentrations. As a good correlation was demonstrated between blood and rib BM and between blood and the average of the four femoral BM concentrations, blood caffeine concentrations could be correctly extrapolated from BM concentrations. BM caffeine concentration was found to depend on sample location. Rib BM caffeine concentrations appeared to be systematically greater than averaged femur values and concentrations were much more variable between the 4 femur BM samples than between the 2 ribs. From a practical point of view, for caffeine analysis, rib BM appeared more relevant than femoral BM, which requires multisampling to overcome the concentration variability problem.     

Remedying the Inequalities of Economic Citizenship in Europe: Cohesion Policy and the Negative Right to Move

European supranational citizenship draws the boundaries of a community of citizens, sharing the status of economic actors in the single market. The specter of inequality threatens however the resulting promise of shared membership: economic citizens face profoundly different opportunities for economic involvement, depending on their nationality and residence within the Union. Free movement rights open up a narrow way out of inequality by enabling European citizens to relocate; however, they cannot alone solve the inequality problem that economic citizenship poses. In the quest for alternative remedies to this problem, this article explores the potential of European cohesion policy. It argues that cohesion policy, by addressing gaps in wealth throughout the Community, draws the traits of a negative right to move, which adds to the protection of European economic citizenship. Through the cohesion lens, the premises are laid for a renewed assessment of the project of shared economic citizenship.     

Allele sharing in first-degree and unrelated pairs of individuals in the Ge F I AmpFlSTR Profiler Plus database

Eleven Italian forensic laboratories participated in a population study based on the AB Profiler Plus loci with proficiency testing. The validated database, including 1340 individuals, is available on-line. Tests for Hardy-Weinberg equilibrium, gametic unbalance, and heterogeneity of gene frequency were generally not significant. Gene frequencies at each locus were consistent with those of two previously published Italian studies, but different from a third. Individuals of each subsample were paired, and the total number of alleles shared across the nine loci was determined in each pair. The analysis was replicated over the total sample. In addition, two samples of mother-child pairs (N=315) and full-sib pairs (N=91) were subjected to allele sharing analysis. The resulting distributions were sufficiently distinct from the sample of unrelated pairs as to be of practical usefulness.     

Vulnerability as a normative argument for accommodating “justice” within the AFSJ

Vulnerability is a concept that stems from ethics and legal theory. It has progressively gained momentum in international human rights law, in particular in the European contextof the European Court of Human Rights adjudications. Also, the European Union is sensitive to it.By the introduction of competences in the Area of Freedom, Security and Justice (AFSJ) we are witnessing a progressive “vulnerabilisation” of EU law. This article intends in the first place to outline such a problematic notion and then to highlight the normative effects of vulnerability. In particular, this article will put forward the argument that such notion could serve to revamp the profile of “justice” of the AFSJ, which has been neglected so far, calling for the development of a more sophisticated ethics of State duties.     

Do public grants to American theatres crowd-out private donations?

This paper examines the relationship between public support and private donations by disaggregating the crowding effect into two components: one determined by level of public support and one determined by changes in public support levels. The analysis of a panel of American non-profit theatres shows that the crowding effect induced by the level of public support takes an inverted U shape: at low levels public support crowds-in private donations while at higher levels it displaces them. The change in total public support in the past year produces a constant crowding-in effect on the level of private donations. The paper finally illustrates how federal and state support have a crowding-in effect at all levels, while local support has a similar impact to total public support.     

European Citizenship and EU Immigration: A Demoi‐cratic Bridge between the Third Country Nationals' Right to Belong and the Member States' Power to Exclude

European citizenship entails, for EU nationals, a right to belong across borders. This article questions the implications of this latter right for the status of third country nationals in the EU. It contributes to address a gap between the literature on European citizenship and the literature on the admission and civic integration of third country nationals. The article begins by tracing a disconnect in the rules and narratives on admission and naturalisation of third country nationals in the EU. This is a disconnect between logics of individual rights protection, which European citizenship infiltrates, and logics of state sovereignty and governmental discretion, which otherwise dominate relevant rules and narratives. The article relies on the political science literature on mutual recognition and demoicracy to reinterpret European citizenship's norm of belonging across borders so as to reconcile the disconnect. Ultimately, the theoretical bridge that the article draws between citizenship narratives and immigration narratives offers a novel perspective on the tension between liberal values and integration discourses in Europe. It also sets out a possible frame to begin rethinking rules of engagement and cooperation in the context of the EU common immigration policy.