The Language of the UN: Vagueness in Security Council Resolutions Relating to the Second Gulf War

Over the last few years the diplomatic language of UN resolutions has repeatedly been questioned for the excessive presence of vagueness. The use of vague terms could be connected to the genre of diplomatic texts, as resolutions should be applicable to every international contingency and used to mitigate tensions between different legal cultures. However, excessive vagueness could also lead to biased or even strategically-motivated interpretations of resolutions, undermining their legal impact and triggering conflicts instead of diplomatic solutions. This study aims at investigating intentional vagueness in Security Council resolutions, by focussing on the analysis of the resolutions relating to the second Gulf war. Using the qualitative Discourse-Historical approach (Wodak in Rhetorics of racism and antisemitism, Taylor & Francis Ltd., London [2000]) and quantitative analysis tools (Antconc and Sketch Engine), special attention is given to the historical/political consequences of the vagueness and indeterminacy used in that framework and to the study of vague ‘weasel words’ (Mellinkoff in The language of the law, Little, Brown & Company, Boston [1963]), modals, and adjectives contained in the corpus. The hypothesis of intentional vagueness is further reinforced through an analysis of the US legislation related to the outbreak of the war, to reveal how the US has legally interpreted UN legislation and to understand the purposes and consequences of vague language contained in it. The findings indicate that vagueness in resolutions has triggered the Iraqi conflict instead of diplomatic solutions with the overall legislative intent of using intentional vagueness as a political strategy.     

‘Tesco for Terrorists’ Reconsidered: Arms and Conflict Dynamics in Libya and in the Sahara-Sahel Region

How does arms availability affect armed conflict? What implications does increased arms availability have for the organisation of armed groups involved in war against the state? This article explores these questions by looking into the civil war in Libya and the subsequent proliferation of weapons in the broader Sahel/North Africa region. Its argument is based on secondary sources: online databases, international organisations reports and news media. First, we examine the question of firearms in Libya in order to understand how changing conditions of weapons availability affected the formation of armed groups during different phases of war hostilities (February–October 2011). We highlight that, as weapons became more readily available to fighters in the field during this period, a process of fragmentation occurred, hindering efforts to build mechanisms that would allow control of the direction of the revolutionary armed movement. Next, as security continued to be a primary challenge in the new Libya, we consider the way in which unaccountable firearms and light weapons have affected the post-war landscape in the period from October 2011 to the end of 2013. Finally, we put the regional and international dimensions under scrutiny, and consider how the proliferation of weapons to nearby insurgencies and armed groups has raised major concern among Libya’s neighbours. Short of establishing any causal relationship stricto sensu, we underscore the ways in which weapons from Libya have rekindled or altered local conflicts, creating permissive conditions for new tactical options, and accelerating splintering processes within armed movements in the Sahara-Sahel region.     

Generalized variables for controlling Government Transfer Services with respect to performance measures

The term Government Transfer Services is used in reference to any of the organized streams of public resources that flow into private economic activity. This includes such activities as offshore leasing, Social Security, and NASA technology transfer services. This paper describes a performance measure, empirical results, a theory, and a control model for such services. These are illustrated by a specific example (NASA). An agenda for developing this service control method is also presented.     

Gauging the process of international technology transfer

A Technology Transfer Index is proposed for gauging the process of international technology transfer. The approach is based on the premise that the transferee in the process aims at achieving technological independence through gradual replacement of imported technological components by indigenous resources. By avoiding abstract concepts and concentrating on the end-results of the technology transfer process, the index can be computed from readily available statistics of production costs and international trade. The quantitative measure is expected to be a useful indicator for economic planning, aid program management and project evaluation and assessment.     

Application of Technology Transfer principles to managerial responsibilities

During the summer of 1985, LCDR Robert Cox completed a course entitled “Technology Transfer” at the U.S. Naval Postgraduate School, Monterey, California. The objectives of the course were to enhance the capability of course participants to take advantage of innovations, to move appropriate research and development results into use, and to gain insight into the Technology Transfer responsibilities of managers. LCDR Cox' paper was chosen from among several contributions as an example of the application of Technology Transfer principles to a manager's job.     

Ecosystem-based approaches to climate change adaptation: progress and challenges

Resilient ecosystems are vital to human well-being and are increasingly recognised as critical to supporting communities’ efforts to adapt to climate change. The governing bodies of the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change are encouraging parties to adopt ‘ecosystem-based adaptation’ (EbA) approaches, which utilise biodiversity and ecosystem services to support climate change adaptation. These approaches are wide ranging and include mangrove restoration to buffer against storm surges; watershed management to protect against droughts and floods; rangeland management to prevent desertification; and sustainable management of fisheries and forests to ensure food security. This article examines the emergence of EbA in international legal frameworks for climate change and biodiversity and progress towards implementation. The EbA concept is potentially powerful in catalysing international and national commitments to act due to its key defining features of a focus on societal adaptation rather than ecocentricism, and a targeting of the immediate adaptation needs of the poorest and most vulnerable communities who are adversely affected by climate change. However, examination of national policy and practice in two least developed countries, Samoa and Cambodia, reveals that institutional and legal barriers at national level can pose significant challenges to operationalising EbA to achieve adaptation objectives.     

Technology transfer: An overview as related to LDCs

The Technology Transfer issue has aroused much controversy in the last two decades among management researchers. This paper attempts to discuss the problems of Technology Transfer, the debate on this issue and some of the theories concerned. It also presents a suggested theoretical framework to assist the LDCs in determining need for, and receiving of, new technology.     

Policies and Developments Relating to the Sexual Exploitation of Children: The Legacy of the Stockholm Conference

This article begins by noting the huge amount of attention that is now being paid at almost every level – international, European, national and by independent organisations and NGOs – to the growing problem of international child sexual exploitation and considers why this is the case. It then comments briefly on what we mean by international sexual exploitation, noting that different definitions are used. The main part of the article reviews developments in this field, beginning with the main international measure: the 1989 UN Convention on the Rights of the Child and then goes on to review the 1996 First World Congress Against Commercial Sexual Exploitation (the Stockholm Congress). After that some key measures subsequently adopted at international and national level, as well as by the European Union (which is increasingly taking international child sexual exploitation within its remit) are outlined. Lastly, some final thoughts are set out in the conclusion.     

Technology transfer: Water purification,U.S. Army to the civilian community

The Logistics Support Laboratory at the Belvoir Research and Development Center is responsible for the development of water purification equipment for the field Army. Developing water purification systems for military use has led to technological breakthroughs which have benefitted the civilian community. Two examples are the evaluation of the Army's ERDLator for the decontamination of water polluted with asbestos fibers, and design of a plant for the soluble-sulfide precipitation of heavy metals from industrial wastewater.     

Examining the Impact of Proximate Culpability Mitigation in Capital Punishment Sentencing Recommendations: The Influence of Mental Health Mitigators

In spite of the ruling in Atkins v. Virginia (2002), concerns remain that individuals with mental illness and reduced capacity are eligible for the death penalty. When mental illness or reduced capacity is not enough to preclude death-eligibility, these factors are often discussed at the sentencing phase as mitigators. Mitigation remains an under-researched avenue in the sentencing literature, particularly when it comes to the influence of specific types of mitigation. The present study contributes to knowledge on mental health mitigation by examining five mitigators relevant to the mental health and capacity of defendants. Using data from 834 capital sentences in North Carolina, the influence of these proximate culpability mitigators on jury sentence recommendations is examined. Results indicate that acceptance of certain mental health mitigators reduces the probability of death, but acceptance of others is not significantly related to death recommendations. These findings and their implications are discussed.     

Burning,Building, and Burying: Coal Combustion Residual Disposal in North Carolina

The fate of coal combustion residuals (CCRs) in North Carolina and the rest of the United States is noteworthy, particularly in light of the recent spills in Eden, North Carolina, and Kingston, Tennessee. The safe storage of coal combustion residuals should be a priority of the state and the federal government, in order to protect the drinking water of citizens from contaminants, like arsenic, lead, cadmium, selenium, and mercury.¹1 “Coal Ash: The Toxic Threat to Our Health and Environment,” Physicians for Social Responsibility and EarthJustice, http://www.psr.org/assets/pdfs/coal-ash.pdf (accessed September 19, 2015).View all notes Recently, North Carolina has taken steps with the passage of Senate Bill 729, entitled Coal Ash Management Act, and other legislation in order to promote safe storage of CCRs through a capped landfill system, complete with synthetic liners and leachate collection system. This article highlights not only the legislative enactments surrounding the disposal of coal ash in North Carolina, but also the effectiveness of such practices, both in North Carolina and the greater United States as a whole.     

A decision support system model for technology transfer

Technology transfer is the process by which technology originating at one institutional setting is adapted for use in another. A major impediment to the implementation of new technologies to assist with mangerial decision-making problems is a lack of communication between the technology and management communities. Development of a tool designed to bridge the technology transfer gap was the goal of this research. The result is a prototype software package which may be used on an interactive computer terminal by a manager for assistance in designing a decision support system (DSS). The four primary research tasks were:

1. Develop a conceptual model of the DSS design process.
2. Select and adapt, or create, appropriate software to mechanize the model.
3. Develop a knowledge base to describe the interactiveness of various organization variables and managerial decision-making needs.
4. Collect and analyze interview data and implement resultant production rules on the model.

Tasks 1 and 2 were accomplished first to establish the feasibility of this effort. An interview instrument was developed for Task 3. And, corporate managers from several firms were interviewed to accomplish Task 4. Using this data, a prototype production rule model (called DECAIDS for DECISION AIDS) was constructed which supports managerial decision-making from the EMYCIN production rule system used at Stanford University. The purpose of this article is to introduce the need for a Decision Support System Model. A complete copy of this research can be obtained through University Microfilms International, 300 N. Zeeb Road, Ann Arbor, Michigan 48106, from the Naval Postgraduate School, Monterey, California 93940, or the Defense Technical Information Center, Cameron Station, Alexandria, Virginia 22314. The title is “An Interactive Decision Support System for Technology Transfer Pertaining to Organization and Management”, 1980.     

Assuring space shuttle orbiter subcontractor compliance with the NASA new technology clause

NASA's Charter demands that innovations arising from the agency's work receive the widest possible dissemination to bring about a transfer of the technology to the public welfare. This Spinoff from the Space Program is now a predictable event because of analyses done over the years by NASA and economists. However, the initial identification of innovations must be done through disclosures from NASA, prime contractor and subtier contractor employee innovators. Although NASA provides innovators with nominal cash awards for published innovations and inventions, a problem exists for NASA in assuring that all valuable innovations and inventions get promptly identified, reported and disseminated. This paper describes the technique developed by NASA's prime contractor for Shuttle Orbiter (Rockwell Space Division), which has successfully captured over 1200 innovations for NASA-JSC. Aspects of the Program described include the contract requirements, motivational techniques, results, problems, and a discussion of the results. An order of magnitude increase in innovation reporting resulted from Rockwell's activities primarily accomplished using an inexpensive four-step process implemented at about 200 subcontractor's facilities.     

The linkers contribution to technology transfer

The role of an individual known as a ‘linker’ is examined and the similarities between his role and those of ‘gatekeeper’, ‘opinion leader’, and ‘innovator’ are discussed in detail. Not only are the similarities among these roles pointed out but also the unique characteristics of the ‘linker’ are clarified. A Linker Model for Technology Transfer is presented showing the value of a ‘linker’ to the parent and users organizations. Managerial endeavors to understand and promote technology transfer can be facilitated by the in-depth research presented.     

Factor similarity of the Conflict Tactics Scales across samples,spouses, and sites: Issues and implications

Wide variations in prevalence estimates of marital aggression point to the absence of a uniform and adequate definition of marital aggression. To focus on the construct validity of Straus' (1979) Conflict Tactics Scales, the most frequently used measure of marital aggression, two studies were conducted. Based on responses to the Conflict Tactics Scales, two consistent factors (viz. Physical and Psychological Aggression) emerged in separate samples of 187 couples seeking therapy for marital problems, and 398 nonclinic couples in beginning marriages. The factor structure was consistent across clinic and nonclinic samples, sex, geographical sites, time, and socioeconomic status. Implications for the measurement of interspousal physical aggression are raised (e.g., mild, moderate, and severe aggression load on the same factor) and appropriate directions for further research on the construct validity of the Conflict Tactics Scales are suggested (e.g., conducting similar factor analyses on aggressive couples).     

Counterterrorism and Radical Eco-Groups: A Context for Exploring the Series Hazard Model

Objective

This study examines whether radical eco-groups have been deterred by legal sanctions. From a rational choice framework, I argue that members of these groups weigh costs and benefits. I measure an increase in costs, or an objective deterrence effect, through four federal sentencing acts targeted at reducing the criminal behavior of these groups [the tree-spiking clause of the Anti-Drug Abuse Act (ADA), the Animal Enterprise Protection Act (AEPA), the Anti-Terrorism and Effective Death Penalty Act (AEDPA), and the Animal Enterprise Terrorism Act (AETA)] and hypothesize that this legislation decreased the hazard of subsequent attacks.

Methods

This research is a quasi-experimental design utilizing the 1,068 illegal incidents perpetrated in the name of the environment, animal, or both as extracted from the Eco-Incidents Database. Using series hazard modeling, I examine the time until the next incident, serious incident, and ideologically specific incident in relation to dummy variables operationalizing the enactment dates of the above legislation.

Results

All in all, the results are somewhat consistent with a rational choice framework and my hypotheses. The ADA decreased the hazard of another attack (11 %) and environment-only attack (15 %), while at the same time increasing the hazard of a terrorist, damage, and animal-related attack. AETA decreased the hazard of all (47 %), damage (42 %), and the behavior it was aimed at, that of animal-only incidents (52 %). However, neither the AEPA, nor AEDPA had a significant effect on any of the outcomes.

Conclusions

Overall, radical eco-groups were deterred by legal sanctions, but these findings are legislation and outcome specific in addition to including displacement effects.     

Who Is the Client and Who Controls Release of Records in a Forensic Evaluation? A Review of Ethics Codes and Practice Guidelines

Forensic psychologists often refuse to release evaluation records, especially to the evaluee. One justification for this practice is based on the ethical positions that the referral source “is the client” and “controls release of records” (also found in the Specialty Guidelines for Forensic Psychology). To determine whether these ethical positions are shared by the field of forensic mental health, official documents from forensic mental health organizations were used as a proxy for these views. Thirty-four supporting arguments for either position were identified from the literature; it was postulated that official documents would support both positions and utilize supporting arguments. Fifty-four official documents were discovered, and qualitative analysis was used to construct a 17-category model of official views. Neither position was supported by a majority of documents, and few of the supporting arguments were utilized by supportive documents. The positions are unsupported because official documents espouse a wide diversity of views, there are a number of logical flaws in supporting arguments, and even official APA documents hold conflicting views. Ethical arguments are advanced for contrary positions, and the referral-source-control of records release is contrary to law. A more ethical view is that the psychologist may have multiple, possibly conflicting responsibilities to multiple entities; the psychologist’s roles and responsibilities should be clarified with each entity using an informed consent process. Psychologists should release records at the behest of the evaluee, lest they be subject to licensing discipline, Health Insurance Portability and Accountability Act (HIPAA) complaints, and/or civil sanctions. Recommendations are offered for psychologists, future ethics codes and professional practice guidelines, and test security practices.     

NASA Technology Utilization Program: A concept paper on options

The NASA Technology Transfer Program has taken on a variety of roles during the past twenty years. This paper briefly reviews these roles. It presents then several organized approaches that could be adopted to maximize the cost/benefit of technology transfer from NASA to the private sector.     

The dimensions of a transnational crime problem: the case of iuu fishing

Illegal, Unreported and Unregulated (IUU) fishing is a significant transnational crime problem that costs developing nations from $2 to $15 billion in economic losses annually. Perpetrators include established organized crime groups and commercial fishers, while the incidence of IUU fishing is often shaped by public corruption. Various economic drivers, such as the exceptionally high value of some species, and the Flag of Convenience (FOC) system of vessel registration contribute to the significance of the problem. Negative environmental impacts involve the depletion of fish stocks, damage to coral reefs, and stress on marine mammals and birds. Social and economic impacts are severe as well, and are most especially prevalent in developing nations. Theoretically, IUU fishing may be viewed as arising and proliferating due to “criminogenic asymmetries,” especially evident in the uneven patchwork of international laws governing the world’s oceans. A broad range of public and private responses have thus far generated limited success in thwarting IUU fishing.     

Technology transfer in the navy: The historical background

This report reviews technology transfer in light of the Stevenson-Wydler Technology Innovation Act of 1980. Following a brief introduction, a section on “Definitions” explains the several meanings that the phrase “technology transfer” now carries in policy discussions. The next section, on “Passive Technology Transfer”, reviews traditional Department of Defense scientific and technical information programs that relate to technology transfer. A section on “Military Industrial Transfer” examines technology transfer from the Defense Department to private industry, expecially to defense contractors. A section on “The Stevenson-Wydler Act and Active Technology Transfer” describes the principal provisions of the new act and why Congress passed it. The next two sections, on “NASA’s Technology Transfer Program” and “The Federal Laboratory Consortium” outline the two existing Government programs Congress relied upon in developing ideas for the new law. A section on “Implementation of the Stevenson-Wydler Act”, discusses several important issues that must be considered by Navy laboratory management as the new law is put into effect in the Navy. Finally, a brief conclusion emphasizes the major point of the report: That Congress, in passing the Stevenson-Wydler Act, did not fully consider what relationship the new technology transfer programs it was requiring in the Executive Branch should bear to existing programs with similar purposes. If the public interest is to be served, the report argues, the Navy must consciously and carefully determine the proper nature of this relationship.