The repentant defendant and the potential of international criminal justice

ABSTRACT

Repentant defendants are a more common feature of the international criminal trial than commonly thought, and offer interesting opportunities to conceptualize the possibility of restorative justice within what is otherwise a conventionally retributive framework. Repentance may arise at different stages of the trial and is an inherent part of the assessment at the plea bargain and sentencing stages. It must be understood as a particular performance from the accused, one that individualizes guilt and performs the sort of moral agency on which international criminal law is otherwise premised. Its force lies potentially in its power to break down some of the constitutive dichotomies of international criminal justice, including those between perpetrator/victim, international/domestic, and retributive/restorative justice. One needs to account, however, for the potential ambiguity of repentance and the fact that it may be subtly exonerating, as well as the fact that international criminal tribunals have reasons to encourage it that have nothing to do with restorative justice. Only if the sincerity of repentance can be ascertained and if it can be addressed to victims may the restorative potential of international criminal justice be realized.     

Fair value of international economic law in globalization

With the fast growth of economic globalization in international economy, the liberalization-oriented lawmaking has emerged, which resulted in a preliminary orderly mechanism in the global free market, but fair value is lost in the rule making of international economic law, hence resulting in a crisis of legitimacy itself. For this subject, it is necessary to find out the theory of restructuring fair value in the dispute on the essence of justice within the contemporary theory of free capitalism, and the theory of Rawls’ plural justice offers some hints. Of course, it is also quite basic for developing countries and China to anchor their roles properly and make strategic selections in restructuring fair value of international economic law.     

Assessing the potential of bacterial DNA profiling for forensic soil comparisons

A pilot study was undertaken to evaluate DNA profiling of the bacterial community in soil as an alternative to geological methods for forensic soil comparisons. Soil samples from three different ecosystems were compared, and the variation within and between ecologically different sites was determined by using terminal restriction fragment (TRF) analysis of 16S ribosomal DNA. Comparison of TRF profiles revealed that samples from within a specific ecosystem (e.g., a field) showed a significantly higher similarity to each other than to those from another ecosystem (e.g., a forest). In addition, some profile features were unique to specific ecosystems. These features may allow the determination of characteristic profiles that will facilitate identification of ecologically different sites, so that a given sample collected from a suspect could be identified as originating from, for example, a field, rather than a forest. The implications of these preliminary findings for forensic investigations are discussed.     

Discrimination and deprivation: The effects of social comparisons

This article deals with relative deprivation with regard to wages, particularly the effects of gender and occupational sex-type on justice evaluations and on the perception of individual and fraternal deprivation. Underlying this analysis of the factors that allow perceived discrimination to be translated into feelings of deprivation is the basic assumption that workers in different occupational and gender categories report different levels of relative deprivation primarily because of their diverse comparison criteria for evaluating their rewards. The empirical findings point to systematic gender and occupation-type differences in choice of comparison others and in justice considerations.This is a revised version of a paper presented at the 1988 meetings of the Social Justice and Societal problems convention, Leiden, The Netherlands.     

The effectiveness of international environmental agreements

Many argue that international environmental agreements (IEAs) can alter states’ cost-benefit analyses by providing crucial information about the costs of environmental degradation. Thereby, IEAs may help to effectively curb environmental pollution. However, previous attempts to empirically measure institutional effectiveness found it difficult to provide credible estimates because they have missed to produce convincing counterfactuals. This study empirically estimates the effectiveness of one prominent example of an international environmental institution, the Long Range Transboundary Air Pollution agreement (LRTAP). It sets forth a transparent identification strategy in light of latest advancements in the causal inference literature and presents evidence for the non-effectiveness of the LRTAP in changing member states’ behavior in terms of anthropogenic emissions of two substances (NO _x and SO₂). By deriving and illustrating the use of difference-in- differences (DID) design in the context of IEAs, this study provides a general methodological tool kit to drawing causal inferences about the effectiveness of international environmental institutions.     

多焦视诱发电位在法医学客观视野检查中的应用价值

视野是视功能评定的重要指标,其客观评定是法医学鉴定的难点问题。传统视诱发电位(VEP)虽能反映视觉通路整体功能状态,但不能定位、对局灶病变不敏感,应用于客观评定视野受到一定限制。多焦VEP(mfVEP)采用多焦刺激技术,同时间分别刺激视网膜各个不同区域,并将对应部位的局部VEP提取,使客观地定量、定位检测视野成为可能。大量文献显示:mfVEP因与视野检查存在良好相关性、客观性及可重复性,成为了一项在客观视野检查方面极具应用前景的新技术。本文对mfVEP在客观视野检查中的相关研究及其法医学应用、影响因素等方面进行综述,以期为法医学的客观视野评定提供参考。     

The freedom of navigation in international law and the utility of international society discourse

In the international law of the sea, the emergence of new actors and systems influencing relations between states has lead to evolving rules and calls for the redefinition of the traditional issues such the allocation of jurisdiction and rights to states in its maritime zones. In the maritime domain, this is seen thrice in the evolution of the various maritime zones in the United Nations Conferences for the Law of the Sea （UNCLOS I, II and III）. In the maritime domain, there are certain actions that are not dependent on any state＇s consent. One of such is the rule of freedom of navigation. This paper, argues for the possibilities of concomitance between international law and studies in international society based on the growing recognition of the importance of examining the sociological and historical element in rule development. This paper focuses on a rule in the international law of the sea with the aim of determining the extent to which norms have caused changes in rule development, if any. This method, known as the English School method of international relations, acknowledges the benefits of international law positivism in highlighting generality with the benefits of a normative discourse in highlighting alternatives and the utility of compliance. So, although the maritime domain is rooted in a state system, one where the parts interact as a whole, a branching-out analysis towards the normative discourse in the development of this rule will facilitate more understanding, as the case-specificity of most issues in the maritime domain cannot be overemphasised.     

The organizational structure of international drug smuggling

While most group offending is not well organized, it is generally assumed that high levels of organization can be found in group offending that generates revenue, such as white-collar crime, drug sales, and smuggling drugs or humans. The organizational structure of international drug smuggling has typically been viewed as highly rational and formally structured. Employing interviews with thirty-four federal prisoners convicted of smuggling large volumes of cocaine into the United States, this study explored the organizational structure of high level international drug smuggling. The subjects described a general lack of formal structure and depicted the drug smuggling operations as composed of isolated work groups without formal connections among each other. These findings bring into question the idea that these groups are rationally organized around pursuing efficiency and support recent research that suggests network security or minimizing risk are key organizing principles of drug trading organizations.     

Harmonizing the international regulation of embryonic stem cell research: possibilities, promises and potential pitfalls

Despite near unanimous global opposition to human reproductive cloning, the United Nations has been unable to reach a consensus as to how cloning practices should be regulated at the international level. As a result, the U.N. objective of establishing binding international regulations governing cloning and stem cell research has yet to be achieved. Given the lack of consensus that exists within the global community on this topic, it seems that any attempt to harmonize the international regulation of cloning and stem cell science will face important obstacles. This paper seeks to illuminate the particular challenges to harmonizing international laws and policies related to stem cell research and human cloning, and to investigate potential methods for overcoming these challenges. By drawing on two other areas in which regulatory harmonization has been attempted, namely: environmental and human safety aspects of international trade, and pharmaceutical research and development, we study approaches to global regulatory harmonization. We conclude that while the challenges to harmonization are diverse and important, so too are the benefits of establishing uniformity in approaches to stem cell research worldwide. This paper proposes a model for harmonizing the regulation of stem cell research that focuses on broader norms and principles rather than specific rules. It further recommends that such harmonization should occur through a process initiated and developed by an independent international agency marked by diversity, both in terms of the cultural identities and perspectives represented, and the interdisciplinary expertise of its members.