Structural Reform Policy: Privatisation and Beyond—The Case of Greece

Privatisation, coupled with liberalisation and competition, constitutes one of the most popular policy options to improve the performance of state-owned enterprises. However, in Greece, it was only after 1991 that privatisation started to gain ground in the political and economic agendas of governments. Drawing upon the theoretical underpinnings of privatisation, the paper overviews and critically analyses the new legal framework on denationalisation in Greece. The paper argues that, though the modernisation of the legal regime is welcomed, the Greek government has failed to treat privatisation as part of wider structural reforms aiming at enhancing competition and foreign investment. The paper concludes that wider structural reforms, including regulatory reform and liberalisation, as well as combating corruption and bureaucracy and promoting transparent capital markets, are absolutely necessary in order to create a competitive environment, which would both complement and support privatisation efforts.     

Whose 'Conduct Unbecoming'?: The Shooting of a Handcuffed, Blindfolded Palestinian Demonstrator

The article focuses on the decision of the Israeli MilitaryAdvocate General (MAG) to charge an officer who ordered theshooting of a handcuffed, blindfolded Palestinian demonstrator,and the soldier who executed the order, for ‘conduct unbecoming’.It advances the following propositions: (i) from the perspectiveof the applicable international law, the facts of the case qualifythe shooting as a war crime; (ii) said decision of the IsraeliMAG is indicative of a policy of tolerance towards violenceagainst non-violent civilian protest against the constructionof the Separation Wall; (iii) the implication of such policyis twofold: first, it might transform ‘conduct unbecoming’— which as a matter of law is a war crime — intoa crime against humanity; second, it may well be construed asan invitation to the international community to intervene throughthe exercise of universal jurisdiction.     

The Social Courts in the German Democratic Republic—Bodies of Criminal Justice

[Editor's Note] The author discusses the structure, function, and success of the social courts in the German Democratic Republic.     

Poetry Beyond Good and Evil: Bilhaṇa and the Tradition of Patron-centered Court Epic

The eleventh century poet Bilhaṇa’s magnum opus, his Vikramāṅkadevacarita, quickly became one of the most admired and quoted examplars of a newly emergent genre in second millennium Sanskrit poetry, the patron-centered court epic—an extended verse composition dedicated to relating the deeds and celebrating the virtues of the pet’s own patron. But Bilhaṇa’s verse biography of his patron, the Cālukya monarch Vikramāditya VI, while ostensibly singing his praises, is colored throughout by darker suggestions that Vikramāditya may be less than the moral paragon it proclaims him to be, and that the power of poetry lies precisely in its ability to fabricate royal virtue where none exists, and to wash clean the reputation of any king, regardless of his actual deeds. He makes these insinuatons through a variety of formal and narrative techniques, most strikingly by his persistent suggestions that Vikramāditya has perhaps less in common with Rāma, the archetypal paragon of royal virtue, than with his demonic antagonist Rāvaṇa, and, even more corrosively, that Rāma’s own reputation may owe more to his panegyrist’s skill than to his own virtue.     

The US SOPA and PIPA − a European perspective

According to US House Judiciary Chairman Lamar Smith, ‘the theft of American intellectual property costs the American economy over $100 billion annually?…?and thousands of jobs’. Both houses of the US congress have been working on corresponding bills intending to give the US government and copyright holders more effective tools to curb access to so-called rogue websites that disseminate copyright-infringing content, especially those registered outside the US. Following a wake of protest, the Protect IP Act (PIPA) by the Senate and its counterpart in the House of Representatives, the Stop Online Piracy Act (SOPA), were postponed ‘until there is wider agreement on a solution’. This paper examines how the bills tried to strengthen the ability of US law enforcement and copyright holders to fight online trafficking in copyrighted intellectual property and counterfeit goods. It will also outline the recent developments and assess the implications that the bills have for freedom of speech online and cybersecurity, not only in the US but also in Europe.     

Beyond a “Victims’ Right”: Truth-Finding Power and Procedure at the ICC

The drafters of the Rome Statute of the International Criminal Court were presented with a unique opportunity to shape the future of victim participation in international criminal legal proceedings. They were also faced with a critical dilemma – how can the International Criminal Court promote the interests of victims while simultaneously protecting the accused’s fair trial rights? In many respects the final draft of the Rome Statute left the task of defining the parameters of these potentially competing interests to the Court. As a result, a body of case-law has emerged, highlighting textual ambiguities in the Rome Statute and giving rise to novel developments in sphere of victim participation. Amongst the most prominent of these developments is the recognition of the right of victims to introduce evidence at trial. However, viewing this procedure simply as a fixture of the International Criminal Court’s regime of victim participation masks its true significance and potential. This article explores the idea that the Court’s approach to the evidentiary procedure regulating victim participation has given birth to quasi-investigative powers that have the potential to dramatically reconfigure the future of international criminal litigation.     

Beyond Confinement: The Regulation of Girl Offenders’ Bodies,Sexual Choices,and Behavior

Throughout transformations in juvenile justice, control over girls’ bodies, sexual behavior, and reproductive choices has remained a constant focal point among decision makers, with girls infrequently charged with serious law violations and commonly judged in terms of their moral welfare and chasteness. Using interview data with 62 court and correctional decision makers, this article examines how the contemporary juvenile justice system responds to girls’ sexual behavior and explores the policies and procedures used to restrain sexual agency and reproductive choices, both physically and cognitively. This article also investigates the penalties enforced when girls resist such controls as well as intentions toward change and reform in the system.     

Beyond Persecutory Impulse and Humanising Trace: On Didier Fassin’s The Will to Punish

Criminal Law and Philosophy - This essay argues that Didier Fassin’s ‘The Will to Punish’ (2018) reveals the social grounds for a ‘persecutory impulse’ in modern...     

The threat of ‘woolly-haired grandchildren’: Race,the colonial family and German nationalism

The German colonial world was marked by an ostensibly self-evident boundary between the white ruler and the black ruled that situated Europeans and indigenous peoples as diametrically opposed and socially discrete. This situation, however, was problematised by the gendered and sexualised interactions between European and indigenous society. The result was often a slippage between the administrative attempts to create recognisably ‘German’ families (perceived in racial terms), and the antinomian realities of human relationships that transgressed racial lines. This in turn gave rise to reproductive anxieties in the face of a new liminal population of ‘half-castes’ (Mischlinge) that refused the white–black, master–slave dialectic of the colonial ideal. Many historians have recently attempted to link the troubled history of race relations in German Southwest Africa to the later history of Nazi anti-Semitism and genocide, by focusing on the apparent continuities between the Holocaust and the Herero–Nama wars. However, an alternative genealogy for the Holocaust that refutes this genocidal continuity thesis is possible through an investigation of the origins and contents of the debates about the nature of the German colonial family and its relationship to German citizenship between 1904 and 1914.     

The threat of ‘woolly-haired grandchildren’: Race,the colonial family and German nationalism

The German colonial world was marked by an ostensibly self-evident boundary between the white ruler and the black ruled that situated Europeans and indigenous peoples as diametrically opposed and socially discrete. This situation, however, was problematised by the gendered and sexualised interactions between European and indigenous society. The result was often a slippage between the administrative attempts to create recognisably ‘German’ families (perceived in racial terms), and the antinomian realities of human relationships that transgressed racial lines. This in turn gave rise to reproductive anxieties in the face of a new liminal population of ‘half-castes’ (Mischlinge) that refused the white–black, master–slave dialectic of the colonial ideal. Many historians have recently attempted to link the troubled history of race relations in German Southwest Africa to the later history of Nazi anti-Semitism and genocide, by focusing on the apparent continuities between the Holocaust and the Herero–Nama wars. However, an alternative genealogy for the Holocaust that refutes this genocidal continuity thesis is possible through an investigation of the origins and contents of the debates about the nature of the German colonial family and its relationship to German citizenship between 1904 and 1914.     

Watering Down the Court of Justice? The Dynamics between Network Implementation and Article 258 TFEU Litigation

With the establishment of an administrative network to manage implementation of the Water Framework Directive (WFD), a more consensual approach to judicial enforcement seemed like a natural next step. This anticipation was partially derived from the experimentalist nature of the WFD, requiring concerted action in the specification and application of its open‐ended and broad provisions. This article assesses how important changes in WFD implementation practices shape the role played by the Court of Justice with respect to Article 258 Treaty on the Functioning of the European Union. The examination of the WFD litigation reveals interesting tensions. Network‐based implementation practices keep Member States accountable for the progress of implementation and make a subsequent legal action swifter. At the same time, implementation practices remove from courts those issues that may be better solved by network participants. The results show how the function and exercise of judicial enforcement is influenced by the ways in which legislation is implemented.     

Abstraction Beyond a ‘Law of Thought’: On Space,Appropriation and Concrete Abstraction

Given that one of the defining elements of capitalist society is the ubiquity of forms of abstraction through which social relations are mediated, it is not surprising that a generalised ‘reproach of abstraction’ has taken on a critical orthodoxy within social theory and the humanities. Many of these attacks against a pervasive culture of abstraction have an obvious resonance with longstanding critiques of the abstractions inherent in law. This article explores the critique of the power of abstraction that is a central theme in Henri Lefebvre’s depiction of the ‘abstract space’ of contemporary capitalism. In doing so, it will be emphasised that Lefebvre’s work is not primarily concerned with the rejection of abstraction per se, but with understanding the relationships between dominant forms of abstraction and concrete social practices. Of particular interest here is Lefebvre’s reformulation of the concept of concrete abstraction which extends his work beyond a polemical dismissal of the violence of abstraction into broader theoretical debates about the role of the abstract in the reproduction of social relations. Building on this aspect of Lefebvre’s work, I will argue that the concept of concrete abstraction can provide a means of understanding the relationships between the concrete and the abstract in existing juridico-political relations.     

Violence at Work—The Emergence of a Social Problem

This article analyses trends in violence at work on the basis of victim surveys, work-environment surveys, and press material. It proceeds from the two most common explanations of why violence at work appears to have increased over recent decades. These emphasize shifts in working conditions that have increased employees' victimization risk, and a broadened view of what is regarded as work-related violence. The empirical analyses provide support for both these explanations, and the various dimensions examined—increased reporting propensities, expanded definitions, a reduced tolerance of violence, and altered working conditions—are linked to one another.     

The German Federal Prosecutor's Decision not to Prosecute a Former Uzbek Minister: Missed Opportunity or Prosecutorial Wisdom?

At the end of 2005, reports indicated that the former Ministerof Internal Affairs of Uzbekistan was in Germany to receivemedical treatment. Victims of crimes allegedly committed bytroops under his control filed a complaint against him withthe competent German authorities. Meanwhile the suspect leftGermany. On grounds of his absence the Federal Prosecutor refusedto open official proceedings based on universal jurisdictionin absentia and dropped the case. While this decision mightbe considered prudent in that it foregoes ‘purely symbolicprosecution’, it is problematic in so far it leaves thepursuit of justice at the mercy of considerations of policyand expediency that run counter to the spirit of the GermanCode of Crimes Against International Law.     

Beyond the ‘Natasha’ story – a review and critique of current research on sex trafficking

A review of literature on sex trafficking since 2000 reveals that numerous articles have been published in scholarly journals but few are based on systematic primary data collection. Much of our current knowledge, including statistical estimates and characteristics of the trafficking business, derives from a handful reports issued by government and non-government agencies. With few empirical studies available, imagination seems to have filled the gaps of our knowledge. The problem was further complicated by a manifest (sometimes subtle) moral crusading agenda aimed at a deep-rooted and hotly debated social practice.

Also noticeable in the literature is an increasing number of authors who have begun to challenge the empirical premises claimed by these published reports. These sceptical authors find that many articles of questionable quality have been published in peer-reviewed journals, and claim that the current discourse on human trafficking is driven by mythology rather than empirical research.

Rather than dwelling on gaps in our knowledge or concerns over the moral overtone in academic research, this paper seeks to raise specific research questions and explore possible field strategies that can advance our knowledge on this topic. Regardless of one's moral compass, the future of research on sex trafficking cannot become credible without a solid empirical foundation.