Marbury v Madison at 200: Revisionist Scholarship and the Legitimacy of American Judicial Review

Book reviewed in this article:
William E. Nelson, Marbury v Madison: The origins and Legacy of Judicial Review     

Dispute Settlement under the Rome Statute of the International Criminal Court: Article 119 and the Possible Role of the International Court of Justice

This paper examines the dispute settlement procedure establishedby Article 119 of the Rome Statute of the International CriminalCourt, with particular attention paid to whether that provisioncreates any relationship between the International CriminalCourt and the International Court of Justice. The paper firstdiscusses the jurisdictional reach of Article 119, detailingthe types of disputes addressed in its two subsections and themanner in which such disputes are to be handled. Secondly, itfocuses on the possibility of referral of disputes covered inArticle 119(2) to the International Court of Justice. Althoughthe provision expressly contemplates such a referral, it remainsunclear whether the provision adequately supports the jurisdictionof the International Court of Justice in accordance with theStatute of that Court. The paper goes on to suggest ways inwhich the International Criminal Court Assembly of States Partiescan take steps to improve the likelihood that such referralwould be deemed proper in order to enhance the possible andfinal settlement of disputes.     

Kidnap for Ransom in South East Asia

Kidnapping for ransom is not a new phenomenon. According to the Control Risk Group, an international risk consultancy, kidnappings of foreign nationals globally have increased by 275% over the past 10 years. High profile incidents such as the tourist kidnappings in 2000 by the Abu Sayyaf group, operating out of the troubled southern region of the Philippines, show that South East Asia has its own regionalised kidnapping hotspots. It is suspected that a high proportion of kidnappings are perpetrated by economically motivated crime groups but it is not possible to estimate with any degree of accuracy what percentage can be attributed to organised crime. This article will provide an overview of the problem, drawing upon existing literature available in the public domain. A typological discussion will show the critical differences between the various categories of kidnapping. The reliability of existing statistics, categorisation and recording of kidnapping for ransom will also be scrutinised, in particular for their variability across the region, to see whether this presents a barrier to a better understanding of the size and seriousness of the problem. As kidnapping for ransom incidents are becoming increasingly transnational in character, the final section will highlight the desirability of formulating and agreeing upon regional standardised definitions and counting rules for kidnap.     

Mobilising evidence in public policy: The contribution of the evidence provider

This article contributes to the conceptualisation of evidence‐based policy through providing a framework of the key factors that influence research utilisation, including those that shape the quality of evidence provided. We apply this framework to an analysis of public policy to regulate the remuneration of freight truck drivers to improve workplace safety in their industry. Recent policymaking concerning the regulation of truck drivers’ remuneration in Australia provides an opportunity to examine the quality and utilisation of research evidence by external evidence providers in opposing political contexts. This article suggests the need for informed and vigilant scrutiny of the contributions of evidence providers to government policymaking, particularly in the case of wicked policy problems about which there are sustained ideological differences that underpin problematisation, research interpretation, and conceivable policy solutions.