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《Justice Quarterly》2012,29(3):336-359
The European Police Office (Europol) is an international police organization that was formed to promote cooperation among law enforcement agencies in the European Union. Framed within the context of the Treaty of the European Union, Europol’s mandate includes all serious forms of international crime, including international terrorism. This paper offers an analysis of the organization of Europol’s counter‐terrorism operations in the context of the history and dynamics of international police cooperation. More specifically, on the basis of the bureaucratization theory of policing, Europol is reviewed to exemplify the dual forces of political control over the organization via the regulative bodies of the European Union, on the one hand, and the institutional autonomy and professional expertise of participating police agencies, on the other. The outcome of these dual forces can be expected to determine the course and outcome of counter‐terrorist policing in the European Union in years to come.  相似文献   

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This paper explores the forces that have to date impeded thedevelopment of a multilateral set of rules on investment. Thepaper chronicles the policy- and rule-making debates that tookplace in the World Trade Organization’s (WTO’s)Working Group on Trade and Investment (WGTI) and advances anumber of political economy reasons that contributed to thederailment of investment discussions under the Doha DevelopmentAgenda (DDA). The paper highlights elements of a development-friendlyinternational investment regime and identifies various scenariosfor imparting forward movement to international negotiationson investment issues at the bilateral, regional and multilaterallevels.  相似文献   

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One of the reasons sometimes given in support of internationalcompetition rules is the need to curb export cartels. Exportcartels, however, are not necessarily competition or welfarereducing. They are just as likely to enhance competition andwelfare. The evidence reveals that opinions are quite divided.However, there is one constant: no country has a strong incentiveto ban export cartels unilaterally. The reason for this is thatmost of the adverse effects generated by the cartel are experiencedabroad, not locally. Therefore, if there is a case for curbingexport cartels, the alignment of incentives means that an internationalagreement is probably necessary. This article suggests one possiblearrangement.  相似文献   

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Common law systems, in criminal cases, distinguish between theguilt/innocence proceedings and the sentencing stage. This isnot the case in civil law systems where criminal trial consistsof a single phase, combining the inquiry into guilt with sentencing.Under common law practice many facts relevant for sentencingare considered irrelevant at the stage of finding guilt forthe commission of the crime. Aggravating elements, therefore,address a fundamental distinction of substantive criminal lawbetween guilt and dangerousness: guilt is a determination ofresponsibility for a prior wrongdoing; dangerousness is a speculativefuture determination. The intensification of terrorist activityin the past few years has made terrorism one of today's mostpressing problems. But is terrorism a crime or an aggravatingfactor in sentencing? In this article, the author challengesconventional wisdom regarding the meaning of ‘terroristcrimes’, by providing a conceptual understanding of ‘terrorism’,as well as articulating a theory of guilt. Terrorists seldomexpress ‘guilt’. The word ‘terrorism’describes, instead, an overriding motivation, a way of acting,rather than the objective circumstances of acting. Terrorismis nothing but common crimes although committed with an overridingmotivation of imposing extreme fear on the nation as such. Theauthor presents the conceptual grounds of the phenomenon ofterrorism as it has evolved through history, before enquiringinto the meaning of ‘terrorist crimes’: the overridingmotivation associated with the concept of terrorism constitutesthe degree of cognate dangerousness of terrorist crimes.  相似文献   

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Use of acids and other caustic substances in destroying the human body to avoid personal identification is drawing great deal of attention in recent times. With rapid industrial growth, incidence of industrial disasters has increased. In an event of chemical industry disaster, human identification can become a challenge. Embedding bar codes and other electronic means for identification in denture have proved to be a novel innovation in identification of edentulous patients. However, the validity of this method in events of chemical extremes has not been assessed. Hence, the study was undertaken to know the effect of different acids on dentures embedded with quick response codes. Results of this study indicate that simple bar code can be readable up to 33 h after acid treatment. With minimal armamentarium, bar code can be generated incorporating large data into it, providing it to be a cheap and reliable means of denture identification.  相似文献   

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This article examines the connections between mental illness and terrorism. Most social scientists have discounted a causal relationship between mental illness and terrorism. This is not necessarily always the case within terrorism studies, the media, or political circles where the psychology of terrorism is often expressed in the language of mentalisms, and theories of pathologisation continue to exist. This article reaffirms the view that apart from certain pathological cases, there is no causal connection between an individual's mental disorder and engagement in terrorist activity. The individual terrorist's motivations can be explained by other factors, including behavioural psychology. However, there may be a connection between an individual engaging in terrorist activity and developing a mental disorder[s]. Certain stressors that occur because of terrorist activity may result in psychological disturbance in terrorist individuals. These factors may partially explain terrorist group instability and should be taken into account when detaining and interrogating terrorist suspects.  相似文献   

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The use of mediation in England and Wales is nowadays an accepted and common practice within the alternative dispute resolution industry. Credited professionals have been performing the duties of a mediator in different fields of legal disputes; however, despite the positive perception of mediation, this area remains unregulated. So far, the rules applying to mediation in England and Wales originate from case law and contract between the parties. Such a scenario is not shared by other countries in which mediation has been regulated through an Act covering either private or judicial mediation. This article examines the current mediation scenario in England and Wales to assess whether there is a need to give it a statutory character in a similar manner to other jurisdictions.  相似文献   

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In January 2001, the Government announced its intention to repeal the divorce reforms contained in the Family Law Act 1996. The ‘story’ of the Act is largely one of compromise: between a backward‐looking idealism, casting divorce law in the role of supporting marriage, and a more forward‐facing pragmatism, accepting the necessity of engaging with social reality. The result was legislation that sought both to save and end marriages – although a key reason for proposing the Act's repeal was an alleged failure to save marriages. This national approach to relationship breakdown contrasts sharply with that at ‘street‐level’, where work aims to provide a service catering to the diversity of modern family life. The apparent success of this approach prompts the question of whether there are lessons for national policy. Drawing on a series of interviews with national policy‐makers and street‐level workers, this paper compares national and local perspectives and suggests that a new mind‐set and approach, akin to that operating on the ground, is needed at national level if workable divorce law reform is to be achieved.  相似文献   

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《Women & Criminal Justice》2013,23(3-4):143-165
Abstract

Although the use of force in corrections is a topic of interest, little is known about the factors that influence correctional officers' decisions. In particular, very little is known about similarities and differences between male and female correctional officers in their definitions of and responses to conflict situations. Interviews were conducted with 192 officers at a large southwestern jail. Using a realistic vignette of an inmate disobeying a direct order, 96 female and 96 male officers were asked about their perceptions in defining and responding to conflict. Results indicate that male and female officers react to conflict situations in a similar manner, although it appears that the inmate's sex is a salient factor in the officers' decision on how to resolve conflict.  相似文献   

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This article examines Directive 2004/25/EC on Takeover Bids through a regulatory lens in order to determine its effectiveness as a regulatory mechanism. A central regulatory problem for European legislators is to determine the optimal balance between harmonisation and diversity, and the directive reflects the balance which was struck. The article questions whether the resulting 'light regulatory touch' may have jeopardised the existing efficient self-regulatory regime which operates in the UK (the largest European takeover market), while simultaneously undermining the directive's goal of facilitating takeovers and yielding a level playing field.  相似文献   

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One of the arguments frequently used to limit the liability of financial supervisory authorities is the idea that normal liability rules result in defensive conduct and, therefore, in ineffective financial supervision. The impact of tort law on financial supervisory authorities is, however, highly debated, and no overwhelming empirical evidence exists to support it. This article presents findings from an empirical study on financial supervisors in the member states of the European Union. Targeting senior financial supervisors, the survey presented a series of statements, asking respondents to state their opinions about the impact of financial supervisory liability. In summary, most of the respondents seem to classify the impact of financial supervisory liability as neutral or positive. At most, the evidence from the survey implies an arguably modest degree of deterrence. Because the survey found no significant differences between respondents who perceive the liability of their organization as limited and those who do not, it suggests that limiting financial supervisory liability does not have an impact on the behavior, or at least on the perceptions of the impact of financial supervisory liability, of financial supervisors. Therefore, the study calls into question the widely accepted argument of defensive conduct as a reason for limiting the liability of financial supervisory authorities.  相似文献   

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Based upon a subsample from the National Violence Against Women Survey (NVAWS) this article examines the role of socioeconomic status, relationship investment and psychological abuse in Black and Hispanic women’s decisions to leave or stay in violent relationships. Racial and ethnic differences and similarities were found in the factors related to staying or leaving violent relationships. Black women stayed in violent relationships at a slightly higher rate than Hispanic women. Marital status, presence of other adults in the household, and psychological abuse influenced Black women’s staying/leaving decision. Household income and psychological abuse were factors in whether Hispanic women remained in or exited violent relationships. Recommendations for possible interventions are discussed.  相似文献   

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