Complementarity, Amnesties and Alternative Forms of Justice: Some Interpretative Guidelines for the International Criminal Court

The question to what extent amnesties and pardons may bar criminalinvestigations or prosecutions under the Statute of the InternationalCriminal Court (the Statute) has been left unresolved by theRome process. This essay seeks to develop some general guidelinesthat may help the Court to address this problem, should it arisein a specific case. It suggests four basic principles to dealwith the issue of amnesties and pardons: (i) the Court has interpretativeautonomy to decide whether an amnesty or a pardon is permissibleunder the Statute; (ii) exemptions from criminal responsibilityfor the core crimes within the jurisdiction of the Court byamnesties or pardons should generally be considered incompatiblewith the Statute; (iii) prosecution by states and by the Courtmay be limited to the most serious crimes and the most responsibleperpetrators (targeted prosecution); (iv) amnesties or pardonsshould, if it all, only be permitted in exceptional cases, namelywhere they are conditional and accompanied by alternative formsof justice.     

Varieties of corporate social responsibility (CSR): CSR meets the “Nordic Model”

Corporate social responsibility (CSR) is increasingly being promoted as an instrument for global governance to address the regulatory vacuum surrounding transnational business activities and as a method for encouraging business to contribute to sustainable development at the national level. Originally a business-driven, American concept, CSR has now been adopted and promoted by a wide range of governments and multilateral institutions. However, the socio-political model underlying CSR is far from neutral and may conflict with existing models in the societies in which it is introduced. In this article a typology of possible governmental interpretations of CSR is developed, and how CSR is transformed and adapted in its meeting with Nordic governments in order to fit the “Nordic Model” of state-market-society relations is analyzed. The analysis suggests that pre-existing political-economic institutions and cultural norms deeply affect the interpretation of CSR, and that this, when combined with ongoing national political processes, leads to a highly transformed concept of CSR.     

Eating Problems and the Self-Concept: Results Based on a Representative Sample of Norwegian Adolescent Girls

The joint role of self-esteem and unstable self-perceptions for eating problems was investigated in a representative Norwegian population sample of girls in 3 age groups (N = 5287; aged 12–19 years). Three scales from the 12-item Eating Attitudes Test (EAT-12) measured eating problems: Restriction, Bulimia-food preoccupation, and Diet. Girls low on all EAT scales were most often characterized by high self-esteem combined with stable self-perceptions, whereas girls high on all EAT-scales were characterized by having low self-esteem and unstable self-perceptions. Bulimic tendencies and dieting were more common in older groups, whereas high scores on all EAT-scales simultaneously were equally common in all ages. The findings gave initial support to the continuity hypothesis in indicating that the age trends for eating problems, except for restrictive tendencies, followed those of eating disorders and in that the risk factors found for eating problems parallel those reported for eating disorders.     

Federal Homogeneity from the Bottom Up: Provincial Shaping of National HIV/AIDS Policy in South Africa

Federal homogeneity is not always imposed from the center; subnationalunits can and do influence national policy from the bottom upby developing innovative policies. In South Africa, provincialpolicies in the area of HIV/AIDS shaped national policies withinthe context of the overarching normative structure of the nationalBill of Rights. The conditions under which this happened were(1) constitutional space for a province to develop an innovativepolicy and practice, (2) the necessary political will to exploitthe constitutional space, and (3) the judicial and politicalimpact of a province's innovative policy on the national policy.While provincial policy informed the court decision, it alsofurthered the political debate nationally. Finally, intergovernmentalcompetition played an important role in countering the monopolistictendency that can be produced by cooperative government.     

公共服务的竞争性外包:比较丹麦和瑞典的政策与执行

本文比较和分析了丹麦和瑞典对公共服务实行竞争性外包的道路。人们通常认为 ,这两个国家不存在或者只有少量的外包现象。但事实正好相反 ,这两个国家都有很长的将公共服务外包出去的历史 ,而且自从 2 0世纪 80年代就开始争论和执行竞争性外包政策了。     

Issue Redefinition, Venue Change and Radical Agricultural Policy Reforms in Sweden and New Zealand

This paper compares radical agricultural policy reforms in Sweden and New Zealand in the 1980s and 1990s to establish which factors bring about such types of policy reforms. Ruling out a number of alternative explanations for reform found in the public policy and political economy literature, we focus on the role of reform strategies. We show that the redefinition of agricultural policy – from a matter of finding the balance between budgetary costs and farmers' income to considering agricultural policy as part of macroeconomic policies – was important, particularly in Sweden. Change of policy venue is the other reform strategy identified, which was crucial to the successful introduction of the reform. In both countries, ministers of finance deliberately shifted agricultural policymaking to arenas in which they were able to control the reform process.     

Passport to Parenthood: Reproductive Pathways In and Out of Denmark

Denmark has become a destination for single women, lesbians, and heterosexual couples wanting donated sperm. At the moment, women from Sweden, Norway, Germany, Italy, and the UK travel to Denmark. Simultaneously, waiting lists for donated eggs and age restrictions are prime motivations for infertile Danish women and heterosexual couples to leave Denmark and travel to Spain, the Czech Republic, the Ukraine, and Greece for egg donation. Informed by Donna Haraway’s notion of “the apparatus of bodily production”, Marcia Inhorn’s development of “reproductive flows”, and the use of Adele Clarke’s “situational analysis”, this paper explores the question: How do global reproductive pathways in and out of Denmark emerge when fertility travellers narrate, negotiate, and cross national borders to go through fertility treatment? Methodologically, we use a multi-sited and multi-modal approach centring on interviews with fertility travellers moving to and from Denmark in combination with ethnographic observations carried out in Danish and Spanish fertility clinics and an analysis of legal regulations. The paper concludes by discussing how the concept of reproductive pathways helps to theorize transnational movements of bodies and contributes to feminist scholarship on transnational reproductive travel.     

What is a service of general economic interest?

European Journal of Law and Economics - The definition of the concept a “service of general economic interest” (SGEI) known from Article 106(2) treaty of the functioning of the European...