The Present and Future of The Investor-State Dispute Settlement Paradigm

While the World Trade Organization (WTO) system remains faithfulto the long-standing traditional paradigm of state-to-statedispute resolution, dispute resolution mechanisms in the areaof international investment are undergoing a radical change.Traditionally, the paradigm of ‘diplomatic protection’has served as a basis for the settlement of investment disputesamong states. In earlier commercial agreements, including theFriendship, Commerce, and Navigation Treaties (FCNs) concludedfrom 1940s to 1960s, the resolution of international investmentdisputes took the form of state-to-state dispute resolution.This paradigm shifted in the 1970s when direct investor claims,modelled on treaties that European countries had been puttingforward since 1959, were allowed under a series of bilateralinvestment treaties initiated by the United States. This shifthas been reflected in subsequent efforts to reach a multilateralagreement on investment (MAI) and in many free trade agreements(FTAs). Also, in the area of international human rights law,it is an increasing trend to allow an individual to have directrecourse to international human rights protection bodies, suchas the Human Rights Committee established under the InternationalCovenant on Civil and Political Rights, after the exhaustionof domestic remedies. The allowance of direct claims has helpedto make up for the typical shortcomings of the diplomatic protectionmechanism where, the espousing state has frequently exercisedexcessive discretion in deciding whether to advance claims dueto considerations of a political nature, unrelated to the particularcase, so that this mechanism can increase international friction.On the other hand, the strong point of diplomatic protectionhas been its capacity to screen out frivolous or dishonest claimsby individuals. The question whether various international disputesettlement mechanisms may eventually converge into an effectivesystem based on a direct claim procedure is a vexing one. Itis uncertain whether the model of investor-state dispute settlement(ISDS) can play a pioneering role in this ongoing process. Anypertinent answers to such questions require a thorough comparisonof the benefits and drawbacks of such a development. Lessonsfrom the experiences under the ISDS system and its modificationefforts should be fully taken into account so the newly emergingdispute resolution system will not lead to tension between nationsin an area where precedent is scant, but the need is great.     

Patterns of victim marginalization in victim-offender mediation: some lessons learned

This article discusses issues that restorative justice programs may face during implementation and lessons learned from an exploratory study. We examined various perspectives of multiple participants who experienced a Victim-Offender Mediation (VOM) program in a mid-sized Midwestern city in the U.S. The primary data source comprised 34 interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators, and representatives from referring agencies. Observations complemented the interview data. Findings revealed patterns of victim marginalization during the processes used: victims were not prepared appropriately; were at times pressured by mediators to behave in certain ways; and, occasionally felt intimidated by offenders and/or their families. We discuss some factors that may have influenced the emergence of these patterns. This study revealed gaps between the guiding principles of restorative justice theory and field practices, particularly sensitivity toward victims to meet their needs. We suggest that restorative justice programs should consider using a monitoring system to ensure that the processes used remain consistent with the values and principles of restorative justice.     

The Adoption and Abandonment of Council‐Manager Government

What accounts for patterns of city adoption and abandonment of council‐manager government? Despite dozens of empirical studies, we lack a systematic understanding of these forces over time because previous work has relied on cross‐sectional designs or analysis of change over short periods. This article begins to fill this lacuna by constructing a historical data set spanning 75 years for the 191 largest cities with either mayor‐council or council‐manager governments in 1930. Event history analysis is applied to isolate adoption and abandonment trends and to provide new evidence revealing the forces that have shaped the trajectory of institutional change in U.S. cities. This analysis reveals that social context factors—in particular, economic conditions—generate both adoptions and abandonments.     

Deliberative Democracy,Rational Participation and e-Voting in South Korea

As information and communications technologies (ICTs) have revolutionised private and public lives in many aspects, to what extent and in what way electronic voting (e-voting) can improve citizens’ electoral participation and deepen democracy has become a critical issue in political science. From the theory of deliberative participatory democracy in conjunction with a rational choice perspective, this article examines the prospect of e-voting in the electoral process in South Korea. Prior experiences in the 2002 presidential election and the 2000 and 2004 general elections in South Korea have shown a meaningful, albeit limited and partial, impact of ICTs on citizens’ election-related information consumption, reshaping of their political stance and beliefs, and voter turnout. This article contends that the premises of e-voting can be attained with a higher degree of probability if the National Election Commission serves as an information gateway, bridges the digital divide, and is ready to provide voters and election officers with necessary and accurate information about voting procedures.     

Parental Demandingness and Executive Functioning in Predicting Anxiety among Children in a Longitudinal Community Study

Journal of Youth and Adolescence - Theoretical models and empirical studies of anxiety have predominately focused on the main effects of various predictors such as executive functioning deficits on...     

A Three-Step Latent Class Analysis to Identify How Different Patterns of Teen Dating Violence and Psychosocial Factors Influence Mental Health

Although multiple forms (i.e., physical, threatening, psychological, sexual, and relational abuse) and patterns (i.e., perpetration and victimization) of violence can co-occur, most existing research examines these experiences individually. Thus, the purpose of this study is to investigate: (1) homogenous subgroups based on victimization and perpetration of multiple forms of teen dating violence; (2) predictors of membership in these subgroups; and (3) mental health consequences associated with membership in each subgroup. Nine hundred eighteen adolescents in the 9^th or 10^th grade at seven public high schools in Texas participated in the survey (56?% female, White: 30?%, Hispanic: 32?%, African American: 29?%, others: 9?%). A three-step latent class analysis was employed. Five latent teen dating violence classes were identified: (1) nonviolence; (2) emotional/verbal abuse; (3) forced sexual contact; (4) psychological?+?physical violence; and (5) psychological abuse. Females, African Americans, and youth who had higher acceptance of couple violence scores and whose parents had less education were more likely to members of dating violence classes compared with the nonviolence class. Adolescents who experienced multiple types of dating violence reported greater mental health concerns. Prevention programs may benefit by identifying the homogenous subgroups of teen dating violence and targeting adolescent teen dating violence accordingly.     

Detection of phentermine in hair samples from drug suspects

Phentermine (PT) has been widely used as an anti-obesity drug. This drug has to be used with caution due to its close resemblance with amphetamines in its structure and toxicity profile. Recently, PT is in distribution by illegal modes and is found to be available through sources such as the internet, thus their misuse and/or abuse is threatening to be a serious social issue. In the present study, 32 cases of drug suspects were observed for PT abuse, detected using hair samples for drug analysis. PT and other amphetamines, such as methamphetamine (MA), amphetamine (AP), 3,4-methylenedioxyamphetamine (MDMA) and 3,4-methylenedioxyamphetamine (MDA), were extracted using 1% HCl in methanol for 20 h at 38°C. The extracts were derivatized with trifluoroacetic anhydride (TFAA) and analyzed using gas chromatography/mass spectrometry (GC/MS). Among the 32 cases of PT abuse, MA and its main metabolite, AP were identified in seven cases and MDMA and its main metabolite, MDA were detected in two other cases.