Managing a New ‘Partnership’

Defence allegations about the malpractice of intermediaries in the Lubanga Case have revealed the ICC’s dependence upon intermediaries. Yet, surprisingly, the role of intermediaries has received relatively little attention in the academic literature. Since 2009, the Registry has been developing a court-wide set of guidelines to manage the Court’s relationship with intermediaries, which, if adopted, will substitute a large measure of standardisation over the disparate policies and practices currently in place across the various ICC organs and units. The Victims Rights Working Group and the Open Society Justice Initiative in conjunction with the International Refugee Rights Initiative are prominent amongst civil society actors that are playing a key role in advocating for the protection of, and support for, intermediaries through guidelines. This article examines the emerging position of intermediaries in international criminal law. It argues that adopting guidelines will inculcate a semi-institutionalised status for intermediaries, which both reflects, and contributes to, ‘professionalization’ in international criminal law. However, ‘professionalization’ is problematic to the extent to which it creates obstacles for the involvement of counter-hegemonic voices in international criminal law. Moreover, whatever gains guidelines may bestow on the Court and intermediaries, it is unclear how they can or will mesh with the emerging judicial response to intermediaries at the ICC. Ultimately, the increased regulation of intermediaries is likely to have a profound impact on relations between the different ICC organs; and it is set to be a touchstone for civil society–ICC relations more generally.     

Anything New Under the Sun? Legal Clarifications as a Polish New Tool for Interpreting Business Law

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The aim of this article is to critically reflect on the Polish transformation taking place in...     

Anger and Aggression: A New Beginning?

Within our civilian population, Intimate Partner Violence (IPV) has become a major health problem. Consequences of anger and aggression have resulted in incarceration rates which place the United States as the world's leader with 2.2 million people in prisons and jails. The current treatment of anger and aggression is based primarily on theories that were developed in the early 1980s. Advances in neuroscientific knowledge have exponentially added to our understanding of the underlying biological basis and neuroanatomy of violence and aggression. Through a binaural sound‐based non‐verbal intervention, we have found a key to unlock long‐term memory (Reconsolidation) that facilitates rapid remediation of anger and violence issues. Within our Pilot Study findings, a number of our combat‐veterans with Post‐Traumatic Stress Disorder (PTSD) experienced a positive transformation in their capacity to evidence empathy, intimacy and social engagement as contrasted with their prior isolative tendencies. We extrapolate how this intervention might positively impact those engaged in Anger Management (AM) and IPV programs.     

Digitised Justice: The New Two Tiers?

Criminal Law Forum - Prevailing conditions of access to justice and due process in the Singapore courts are criticised through McBarnet’s two-tier lens and Carlen’s dramaturgical...     

A New Ethical World of British MPs?

Following a series of financial scandals in the early 1990s, the House of Commons implemented new ethics rules and regulatory procedures, including a Code of Conduct, a ban on paid advocacy, a Parliamentary Commissioner for Standards and a Select Committee on Standards and Privileges. In the absence of hard data about parliamentary integrity and the prevalence or otherwise of unethical parliamentary conduct, this paper explores the possible effects of the new rules and procedures on MPs' attitudes by comparing data from the 2005 British Representation Study with research conducted in the late 1980s. The evidence suggests that there has been some attitudinal change at the aggregate level, although it remains unclear how much of this change can be attributed directly to the Nolan reforms.     

What Could a New Crime Commission Accomplish?

Even though the crime rate in the United States has dropped since the U.S. President's Commission on Law Enforcement and Administration of Justice under President Johnson issued its report in 1967, the total number of serious crimes in the nation has increased, and public concern about the subject remains high. The 1960s Commission did not fully consider several major subjects that have emerged after it reported, including mental illness, immigration, cybercrime and other white collar crimes, indigent defense, crime victims, and evidence‐based crime policy. Many observers believe that the need to deal with these subjects in addition to those discussed by other researchers in this volume warrants an examination of crime and justice by a new commission. Congress has considered proposals for such a study for nearly a decade, but they are yet to be acted on amid ideological disputes over other criminal justice issues. If Congress fails to establish a new commission, it is still possible that one could be formed with the support of state, county, and local governments, as well as with the support of private foundations.     

Is New Zealand's regulation of nanomedical products adequate?

This article investigates the adequacy of New Zealand's regulation of medical products produced by nanotechnology and containing nanomaterials. There is concern that the novel and unique properties of some nanoscale chemical substances will bring unforeseen human and environmental health and safety risks. Given the possible market for nanomedicines and the growing evidence of their potential risks, it is important to have adequate regulation of nanomedicines in order to prevent adverse public health ramifications. This article argues that nanoparticles, invisible to the human eye, are illuminating and exacerbating legislative imperfections in the Medicines Act 1981 (NZ). This Act does not include a pre-market approval process for medical devices, nor does it include provisions for combination products. This approach is inconsistent with international norms. The article proposes amendment of the Medicines Act 1981 (NZ) to address these weaknesses and the novel challenges posed by nanomedicines.     

Revisiting Incapacitation: Can We Generate New Estimates?

A substantial body of empirical research examines how the huge expansion in incarceration in the United States since the early 1970s has influenced crime. These studies merge the effects of three conceptually distinct paths by which incarceration might reduce crime: general deterrence, specific deterrence and incapacitation. This issue of the Journal focuses specifically on the incapacitation path. This Introduction reviews the individual papers and offers the editors’ judgment as to the plausibility of progress using different research strategies. It emphasizes the potential for using individual level data to take advantage of natural experiments.

New Supreme People''''s Court Interpretation on the Arbitration Law

The Supreme People s Courtof the PRC (the“SPC”) has issued its latestInter-pretation on Certain Issues Relatingto the Application ofthe Arbitration Lawon8 Sep-tember2006 (the “Interpretation”). Since the Arbitration Law was adopted in1994, the SPC has…     

Internet of Things – New security and privacy challenges

The Internet of Things, an emerging global Internet-based technical architecture facilitating the exchange of goods and services in global supply chain networks has an impact on the security and privacy of the involved stakeholders. Measures ensuring the architecture's resilience to attacks, data authentication, access control and client privacy need to be established. An adequate legal framework must take the underlying technology into account and would best be established by an international legislator, which is supplemented by the private sector according to specific needs and thereby becomes easily adjustable. The contents of the respective legislation must encompass the right to information, provisions prohibiting or restricting the use of mechanisms of the Internet of Things, rules on IT-security-legislation, provisions supporting the use of mechanisms of the Internet of Things and the establishment of a task force doing research on the legal challenges of the IoT.     

Promoting Democracy without Starting a New Cold War?

Spread of market economy and promotion of democracy are twincomponents of globalization. Both are generally positive phenomenathat are taken by many to be something as obvious as God, motherhoodand apple-pie. However, there is too much naivety and hypocrisy,especially in the process of promotion of democracy. In thecase of societies that lack elementary preconditions for theintroduction of democracy, the remedy may be worse than theillness. The end of the Cold War did not end the attempts touse concepts, such as democracy and human rights, as ideologicaltools to undermine other States. Attempts to change domesticsocial and political systems, especially those of great powersor their allies and neighbours, may lead to a new era of greatpower confrontation that would be especially dangerous becauseof common threats such as terrorism, spread of weapons of massdestruction, environmental crisis and so on.     

Bestialitatis and the New Ethics on “Human” Animals

This article discusses how the legal systems in several Western countries, with a special focus on Italy, address our present day animal rights movement and how these legal systems can faithfully reflect the movement’s values as well as promote them in a manner that will ultimately change the rights themselves and their cultural context: this is an extremely interesting issue for the semiotic study of the “humanization of animals”. Therefore, I will summarize several semiotic arguments using the model of the four ontologies by Philippe Descola and the concept of prospectivism by Eduardo Viveiros De Castro. I expect several important changes will come about thanks to the ties between philosophical animal rights discourse and legal discourse and I also believe that the two most interesting issues will be animal labor and reproduction. I will concentrate on the debate over zoophilia laws in Denmark, Germany and Italy in order to propose a way to understand the threshold which separates humans and animals in our naturalistic ontology. Nowadays, “becoming animals” and “becoming humans” seem to be two central and open-ended semiotic processes: legal rights and animal rights philosophy help bring several issues into focus such as animal subjectivity and informed consent.