Whose Reason or Reasons Speak Through the Constitution? Introduction to the Problematics

In the following paper sources of a constitution are put in question in general, and more specifically, the constitutional culture of the European Union Law is being investigated in-depth with regard to principles of deliberative democracy and rulings of the Court of Justice of the European Union. The change of a law application paradigm as well as the change of a legal systems?? nature are taken into account.     

From the Airport to the Surgery to the Courtroom – Private International Law and Medical Tourism

When people wish to take legal action in relation to damage suffered due to medical procedures carried out overseas, they are faced with complex issues. First, in which country can they sue? Second, which country’s laws will govern the dispute? And third, where can a potential favourable judgment be enforced?

This article examines these private international law issues in the context of medical tourism. In doing so, particular emphasis is placed on investigating the private international law issues that would arise if an Australian citizen wanted to take action against a foreign provider of medical services, in relation to services rendered overseas.     

Learning to be cruel?: exploring the onset and frequency of animal cruelty

Few studies have examined how animal cruelty is learned within a specific social context among incarcerated individuals. Using data from 261 inmates, this study specifically addressed how demographic characteristics and childhood experiences with animal abuse may have affected the recurrence and onset of childhood and adolescent cruelty as a learned behavior. Multiple regression analyses revealed that inmates who experienced animal cruelty at a younger age were more likely to demonstrate recurrent animal cruelty themselves. In addition, respondents who observed a friend abuse animals were more likely to hurt or kill animals more frequently. Finally, inmates who were younger when they first witnessed animal cruelty also hurt or killed animals at a younger age.     

“Just Describing is Not Enough”: Policy Learning,Transfer, and the Limits of Best Practices

Despite widespread use in the cultural field, best practices remain theoretically and empirically under-researched. The aim of this article is to achieve better understanding of their use and effectiveness in policy learning and transfer, using a case study of a cross-national policy coordination process in the European Union, the Open Method of Coordination. Using empirical data from interview and participant observation material, the article highlights several fundamental challenges of best practices, such as issues of contextualization, representativeness, and critical analysis. It finishes by offering six critical reflection questions on the use of best practices.     

Development Rights Transfer: Easing the Police-Power—Eminent-Domain Deadlock

The current is running so swiftly in land-use affairs today that choosing a title for an essay on the problems in this turbulent field is perilous, a risk reflected in this essay's reference to the “police-power-eminent-domain deadlock.” Adherents of two trends that recently have attracted national attelltion might well dismiss an inquiry, so styled, as sterile, a throwback to misconceptions of the recent past. The first trend, fueled by the 1973 Council on Environmental Quality publication, The Taking Issue, urges that, short of actual appropriation, public measures that restrict private land use can never constitute a taking. The “deadlock” vanishes, of course, if constitutional notions of compensation as a constraint upon government regulation can be so easily defused. The second, a product of Bernard Siegan's provocative studies in Houston and his dalliance with University of Chicago economics, largely moots the issue by substituting the marketplace for public regulation as the source of land-development controls. With government essentially removed from the land-use picture, defining the proper ambit of uncompensated regulation becomes an intellectual exercise for misguided academics.     

Child Witnesses and the International Criminal Justice System: Does the International Criminal Court Protect the Most Vulnerable?

While warfare has always caused human suffering, modern armedconflicts have been synonymous for the deliberate and systematicattacks on non-combatants, many of whom are children. As theyoften possess the best and sometimes only evidence of a particularcrime, it is likely that children will be asked to testify beforethe International Criminal Court. Given that they are the mostvulnerable of all witnesses, the Rome Statute contains variousprovisions designed to protect the interests of children. Whilethe Court's witness protection regime will help reduce the stressand trauma associated with giving evidence, various improvementscould be made to ensure that children are provided with thenecessary protection that their susceptible status requires.     

Technological Adaptation and “Learning by Cooperation.” A Case Study of a Successful Onshore Technology Transfer in Tierra del Fuego

The paper deals with a successful technology transfer process aimed at developing the detail engineering required to set up an oil plant in Tierra del Fuego. Specifically, it analyzes the relationship between the parties involved throughout the cooperation process by which French technological assistance was provided to Argentine engineers.The study of everyday communication among the participants shows that the translation required for a successful technology adaptation) is achieved when: (1) each partner actually carries out—according to contract the complementary tasks for which he is responsible (specific competence); (2) each party has some basic skills in relation to the specific competences of his partners—in other words, when they share a common technical language which enables communication (generic competence); (3) participants recognize in both senses of the term their partners' idiosyncratic work styles. This is when a relational, socio-cultural competence derived from and effective only with regard to the specific ongoing cooperation process, is developed.     

Is “Contribution to the Host States Development” An Essential Criterion to Define Investment Under International Investment Law?: A Search Through the Lens of Arbitral Awards

Liverpool Law Review - International Investment Arbitration proceedings often deliver its Award in two parts: (i) Jurisdiction and (ii) Merit. One of the most debated and controversial elements in...     

Exploring Justitia Through Éowyn and Niobe: On Gender,Race and the Legal

The image of Lady Justice, a white woman, sometimes appearing with her eyes veiled and other times unveiled, at times bearing scales and/or a sword in her hands, still is a common and popular feature of legal culture in many parts of the world. This is an image of justice that is found everywhere, from courthouses to cartoons. However, one may ask: “Who is this woman?”; Is she really a worthy representative of justice?; Or even a commendable representative of women? Thus, in this article, it is proposed to question the image of Lady Justice and the interpretations that have been associated with it, as well as the standards of conduct required of, and imposed upon, women both inside and outside the legal profession. The article will consider a range of arguments related to such questions, particularly on the issues of gender and race, by using two female characters: Éowyn (from Tolkien’s The Lord of the Rings) and Niobe (from the Wachowskis’s The Matrix). The two characters are women who have some significance in both plots. Through them, I will establish some similarities and differences with Justitia, namely the need to be disguised as men or embrace male attitudes (a similar process concerning women in the legal profession, for example); the use of weapons (specifically, the sword, and, hence, the necessary analysis of women as law breakers, in contradiction to the image of Justitia); and finally some key issues relating to the representation of women of colour.     

Political Culture and Post-Communist Transition—A Social Justice Approach: Introduction

Social Justice Research -     

Securing the Border in Bosnia and Herzegovina: an Exploratory Analysis of the Impact of Training on Officers’ Knowledge and Experiences Related to Sex Trafficking

Across the globe law enforcement agencies are providing training specific to human trafficking in an effort to educate officers about trafficking indicators, techniques for evidence collection, and the provision of culturally sensitive and victim-centered assistance to trafficking victims. The effectiveness of said training, however, remains an understudied area. The primary goal of this study is to examine the influence training programs have on police officers’ knowledge and experiences related to sex trafficking. Utilizing self-report data from 363 border patrol agents in Bosnia and Herzegovina, a series of statistical analyses finds support for the hypotheses that trained officers will have a better understanding of sex trafficking indicators and field investigation techniques as well as more experience with sex trafficking cases. Somewhat unexpectedly, the results indicate that the vast majority of officers, regardless of training receipt, recognized a need for ongoing training and support. Implications of these findings will be discussed.     

Editors’ Introduction to the Special Issue, “Southern Criminologies: Methods,Theories and Indigenous Issues”

Critical Criminology -