China,the Chinese Representative,and the Use of International Law to Counter Japanese Acts of Aggression: China’s Standpoint on UNWCC Jurisdiction

This article discusses China’s influence on the United Nations War Crimes Commission (UNWCC). It describes China’s participation in the discussion of war crimes investigation and punishment, emphasizing the particular influence of Chinese Representative Wellington Koo. The article examines Koo’s application of international law to address Japanese atrocities committed towards China, particularly in using the UNWCC as a means of ensuring that Japanese aggression did not go unpunished. Despite the inability to hold many Japanese war criminals accountable, the author emphasizes China’s remarkable impact on the UNWCC, and maintains that China continues to remain a strong force in international law.     

Penal and Prison Policy on the “Sunny Side of the Alps”: The Swan Song of Slovenian Exceptionalism?

The article considers penal and prison policy in Slovenia by illustrating and confronting the roots, development and main features of Slovenian vis-à-vis Scandinavian penal “exceptionalism”. It first explores economic, social and political developments that made both Scandinavian and Slovenian penal regimes, in terms of stability and leniency of penal policy, low imprisonment rates and quality of prisoner treatment, to some degree exceptional if confronted with regimes of the vast majority of western countries. Further, the authors explore what consequences and implications the recent punitive tendencies have for Slovenian exceptionalism and whether they jeopardize or perhaps even threaten mild penal order, which the country on the “sunny side of the Alps” has been building since the 1970s. Finally, the authors try to find out whether, in spite of the declining welfarism and rising punitiveness, Slovenian-style penal exceptionalism has a chance to revive and endure.     

“The Unnamed Third”: Roberta Kevelson's Legal Semiotics and the Development of International Law

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Reinforcing the family: The role of gender,morality and sexuality in Irish welfare policy, 1922–1944

Irish legislators had to negotiate rigidly defined gender roles, strict moral codes and contradictory sexual behaviour when implementing welfare policy in the early decades of the twentieth-century. Despite traditional and unforgiving attitudes to male and female sexuality, the debates surrounding welfare policy in Ireland reveal a more complex sexual landscape and an overriding concern regarding child protection and family welfare. Faced with real fears regarding the viability of the Irish family and the degree of child poverty, Irish legislators opted to use welfare policy to direct limited state resources towards the children of vulnerable and/or large families resulting in an apparently inconsistent approach to gender ideals.     

The Consequences of Social Inequality for the Health and Development of India’s Children: The Case of Caste,Sanitation, and Child Height

Social Justice Research - The links among social inequality, economic inequality, and health have long been of interest to social scientists, but causal links are difficult to investigate...     

Defending the Accused: The Impact of Legal Representation on Criminal Trial Outcomes in Victoria,Australia 1861–1961

Access to legal representation by accused felons was entrenched as part of the adversarial system from the early nineteenth century, but a substantial minority of defendants remained undefended at superior court level well into the twentieth century. Using a sample of criminal trials collected across a crucial hundred-year period that saw the development of incipient legal assistance schemes, this article seeks to examine what effect the presence of defence counsel had on individual trial results. It is shown that there was a significant association between defence status and a variety of outcomes, including pleas, verdicts, trial length, bail status and sentencing. This relationship was to some extent affected by the specific offence with which the accused was charged, but remains evident across various other factors, including defendant ethnicity, sex, occupation and age, and lawyer assigned to the case. The results suggest that representation was highly desirable for defendants throughout this period.     

The Fragility of Law: Anti-Jewish Decrees,Constitutional Patriotism,and Collaboration Belgium 1940–1944

In October and November 1940, the German Military Command which ruled conquered Belgium, introduced a series of measures aimed at the identification and exclusion of the Jews of that country. The Belgian government of the day refused to allow the measures to be incorporated into Belgian law, but did permit, under their reading of the Hague Convention, government departments and local administrations to assist in implementing the German anti-Jewish Decrees. The Brussels Bar, Prosecutors and Court of Cassation refused to accept the authority of the Occupier to violate basic rights guaranteed under the Belgian Constitution. Officials in Antwerp, on the other hand, struck all lawyers identified as "Jews" from the Roll. This article examines these instances of "constitutional patriotism" and "constitutional betrayal" by these actors in the Belgian legal system, and offers some preliminary discussion of important questions about our historical and current understandings of legality, legitimacy and citizenship in light of this part of the Belgian experience of law under Nazi occupation. This revised version was published online in July 2006 with corrections to the Cover Date.     

The Emergence and Development of Statutory Process for the Compulsory Purchase of Land for Transport Infrastructure in England and Wales,c.1530–1800

Before 1539, highway improvement in England and Wales (other than the clearance of illegal obstructions) was achieved only by crown licence following a satisfactory inquisition ad quod damnum. Magna Carta chapter 39 recorded that ‘that no free man is to be?…?disseised?…?except by?…?the law of the land’, but in the wake of other wide-ranging reforms in the 1530s, amid a growing sense of the common weal and desire for ‘improvement’, parliament overcame this obstacle to economic infrastructural development by adjustment of ‘the law of the land’, assuming prerogative power and delegating by statute the authority for the compulsory purchase of land. In this case it was for river navigation at Exeter, and not until 1662 was the power extended to roads. Compensation was always to be paid, but legislation rarely stipulated the explicit outright purchase of freehold. Parliament was willing to grant these powers to trustees or other public bodies, or indeed to private individuals, but only if it was considered that doing so served the public interest.     

A New Paradigm of Customary International Criminal Law: The UN War Crimes Commission of 1943–1948 and its Associated Courts and Tribunals

This article focuses on the United Nations War Crimes Commission’s significant contribution to the development of customary international criminal law defined by the development of international legal standards and proceedings to combat impunity and promote justice. It draws on the Commission’s official history and its increasingly open archives in order to provide an overview of the UNWCC and its work, its members and its legacy for the contemporary era of international criminal law. The article firstly places the Commission in its historical context through the events and agreements that led to its creation and provided the legal character of the UNWCC. The defining characteristics of the Commission are afterwards described: the nations involved, the committee structure it formed and the sub-commission located in the Far East. Lastly, the accomplishments of the Commission are emphasised and criticisms of its work are presented. The article concludes with a discussion on the legacy of the Commission’s work and a possible future research agenda.     

The Time Path of Legislative Party Switching and the Dynamics of Political Competition: The Italian Case (1996–2011)

Political competition is more realistically described as a dynamic process rather than as a series of static stages in which parties compete over policy and government formation. This paper focuses on legislative party switching as the main manifestation of this endogenously evolving process, linking individual switching behaviour to policy and office incentives that are assumed to evolve throughout the life of the entire legislature. Using a new data set tracking the timing of MPs’ changes in party affiliations between 1996 and 2011 in Italy, it is found that switching is mainly motivated by policy reasons and that it is more likely during government formation periods and budget negotiations. These results are a consequence of the interplay between MPs’ ambition and the alternation of key phases in the legislative cycle.     

Rural Development and the “POSEI” Regime for European Islands: Between Remoteness,Subsidiarity and the “Delivery Model”

Liverpool Law Review - European islands and other remote territories areas have specific features and constraints and they thus require a targeted assistance at EU level. As a result, the EU has...     

The Scope for and the Significance and Desirability of the Use of the Term ‘Genocide’ by Politicians: Joint Advisory Report by the Netherlands Advisory Committee on Issues of Public International Law and the External Advisor on Public International Law (March 2017)

Netherlands International Law Review -     

The role of the Portuguese parliament based on a case study: The discussion of the budget, 1983–95

Barely studied, the Portuguese parliament is a young institution which has undergone numerous and deep changes in its first 20 years of democratic existence. This article looks into those changes during a fundamental period of Portuguese political life: from 1983 to 1995, after the so‐called transition to democracy, in the years that Portugal became a member of the European Union and in the period that saw the occurrence (and repetition) of an absolute majority. To understand the changes in parliament's role, a case study has been chosen: the consideration of the budget bill. This article is based on three main aspects: procedural rules, debate styles and votes. The analysis of the budget discussions shows how the Portuguese parliament has undergone a strong rationalisation process, as well as a change in the role of parliamentarians; from a loss of decisional power, the parliamentarians found new ways of exercising influence in Portuguese politics. The votes on the budget bill and its amendments are an excellent indicator of the role of parliament in policy making, showing a very strong institution in the years preceding the absolute majority. Simultaneously, the votes are also revealing of the determinant position, during the IVth legislature, of the short‐lived Renewal Democratic Party (PRD). Finally, this article looks at data showing the existence of stronger links between Portuguese MPs and their constituencies than is generally expected.     

Taking Care of Strasbourg: The Status of the European Convention on Human Rights and the Case-Law of the European Court of Human Rights in Kosovo’s Domestic Legal System

This paper addresses the position of the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR) case-law in Kosovo’s domestic legal order. To begin with, it reviews the background of the issue of human rights in Kosovo highlighting its distinct position and perspective. This article then analyses the position held by the European Convention on Human Rights and its protocols in Kosovo’s legal order while also addressing the ECHR’s constitutionalization, its direct effect and the constitutional review on basis of it. The paper then examines whether the case-law of the ECtHR is binding in Kosovo, whether it is directly effective, and whether Kosovo’s Constitutional Court can use it as a ground in the conduct of constitutional reviews. This paper argues that the ECHR and the case-law of the ECtHR both hold a privileged status under Kosovo’s constitutional law, despite Kosovo not being a party to the ECHR and, therefore, having no international liability to implement the ECHR. In addition, the paper offers certain arguments regarding the relative positions of the ECHR and the case-law of the ECtHR within the current practice of Kosovo’s judicial system. This paper concludes with the argument that the ECHR and the case-law of the ECtHR hold a privileged status in the context of Kosovo’s domestic legal order—one which could serve as a precedent in respecting human rights and freedoms.     

Extradition on the Two Sides of the Atlantic: The U.S. Model as Blueprint for the European Arrest Warrant?

This article compares the EU’s enhanced extradition model, in the form of the European Arrest Warrant, with the more mature American interstate extradition mechanism. The US Constitution’s Extradition Clause mandates interstate extradition and, after a slow start-up, has led to a smooth and obligatory procedure. In the EU, the European Arrest Warrant, based on the principle of mutual recognition, has made a number of significant changes to traditional extradition and has simplified extradition between EU member states. Yet, it does not operate without problems and the first decade has revealed what the difficulties with extradition on the basis of mutual recognition are. The comparison with the US seeks to draw lessons from the US experience. The main finding is that in a number of areas the US example can direct the EU toward further improving its extradition scheme, while at the same time it is not realistic to expect that the EU will achieve a similar degree of harmony as in the US, required for an obligatory extradition scheme. The article argues that it is important to recognise these limits in order to make the European Arrest Warrant a success.     

Institutional Ableism,Critical Actors and the Substantive Representation of Disabled People: Evidence from the UK Parliament 1940–2012

This study is concerned with the substantive representation of disabled people (SRDP) in legislative settings; in other words, addressing disabled people's needs and concerns in policy and lawmaking. Mixed methods analysis of post-1940 Acts of the UK Parliament, backbench MPs' use of early day motions (EDMs) and written parliamentary questions (WPQs) reveals long-standing institutional ableism. This is the situation whereby systemic practices disadvantage individuals based on their abilities. Inter alia, the findings show that although recent years have seen some progress, there remain significant party differences in the prioritisation of the SRDP – with gains largely dependent on the parties of the left, as evidenced in the data on lawmaking, and use of EDMs and WPQs. Importantly, the findings also support recent theorising on ‘claims-making’ by revealing the pivotal role played by ‘critical actors'. These are parliamentarians (disabled and, crucially, non-disabled) who, compared with their peers, are disproportionately influential in promoting the SRDP.