The European Union in global environmental governance: Leadership in the making?

For well over a decade, the European Union (EU) has proclaimed its leadership role in global environmental governance (GEG). In this article, we examine both the nature of its leadership and the underlying conditions for ‘actorness’ upon which leadership must depend. The EU’s record in the global conferences as well as its influence on the reform of the Commission on Sustainable Development (CSD) and the United Nations Environment Programme (UNEP) are also investigated. We argue that the EU has frequently sought to shape international environmental negotiations and promote sustainable development as an organising principle of global governance. Despite its inadequate status at the UN and internal problems, it has had a significant effect on the global agenda. However, due to persistent diplomatic opposition from other coalitions, its real, directly visible influence has been more modest. For genuine directional leadership, which goes beyond the defence of self-interest, the Union will have to make internal policy coherence a greater priority. Moreover, apart from relying solely on its weighty presence in the international system or its potential capabilities, the EU needs to achieve a high level of credibility in order to enhance its powers of persuasion.

The European Union Post‐Brexit: Static or Dynamic Adaptation?

The choice facing the leaders of the European Union, after Brexit, is between a static adaptation, leaving the current approach to integration essentially unchanged, and a dynamic adaptation, which recognises the need for radical changes. Dynamic adaptation requires institutional leadership—something apparently incompatible with the basic principle of the equality of all the Member States. The clearest indication of a deficit of leadership is the failure to define the real purpose of the collective activity. This failure is at the root of Brexit, as may be seen from the explicit rejection of the indefinite goal of ‘ever closer union’ by the British prime minister in November 2015. An alternative approach to European integration finds a good theoretical foundation in Buchanan's theory of clubs. The essential principle of a functional organisation at supranational level is that activities would be selected specifically and organised separately. A strictly functional approach to integration could revive an interest in political union in the form of a confederation. As Tocqueville had clearly understood long ago, the weakness of confederations increases in direct proportion to the extent of their nominal power. What is most important today is to distinguish between the general idea of European integration and one particular implementation of that idea, such as the European Union.     

Building in the Imagin(ed)(n)ation: An Essay Inspired by W.B. Yeats' – ``Meditations in Time of Civil War'

Ireland is a country haunted by a past which refuses to remain buried. This past irrupts and interupts in texts as diverse as the Irish Constitution and the poems of W.B. Yeats. This piece ruminates on the representation of the state's violent past in legal texts and in the poetry of W.B. Yeats and Paul Muldoon and attempts to draw links between the personal and the political narration of violence. This revised version was published online in August 2006 with corrections to the Cover Date.     

Are Women Getting (More) Justice? Malaysia's Sharia Courts in Ethnographic and Historical Perspective

Religious law is commonly understood as deeply conservative and unfriendly to women, even when it is reform oriented and “this‐worldly.” This essay challenges that understanding. It does so by engaging the practice and lived entailments of Islamic family law and gender pluralism in Malaysia, based on ethnographic fieldwork conducted since the late 1970s. My research reveals that sharia courts are more timely and flexible in responding to women's claims than in decades past, and that these courts are more inclined to punish husbands who transgress sharia family law bearing on women. In addition, women nowadays have far more access to resources for negotiating marriage, its dissolution, and the aftermath. This is not to say that women and men experience marriage, divorce, or the sharia juridical field as social equals; they do not. But this situation is changing in ways that benefit women as long as they embrace increasingly salient and restrictive codes of obedience and heteronormativity. More broadly, the essay problematizes tensions and oppositions between Islamic law and women's rights that are the subject of considerable scholarly debate and contributes to our understanding of the complex entanglements of religion and law.     

Choice of Law in International Child Support Obligations: Hague or Vague, and Does it Matter?- An American Perspective

This article explores, through American eyes, the choice oflaw rules associated with the child support aspects of the proposedHague Convention on the International Recovery of Child Supportand Other Forms of Family Maintenance. It considers the rolethese rules play in capturing the "construct" that is the "family"for the purposes of child support by implicitly determiningwho is an acceptable claimant and who is an appropriate obligor.In addition, the rules determine which jurisdiction's law willestablish the amount of support and thus, implicitly, they determinewhich jurisdiction sets the standards for family "performance".American constitutional law demands a connection between theindividual to be burdened and the jurisdiction imposing thatburden. The proposed rules seem designed to take this into account,but doing so requires the scheme to abandon a preference forrelying on the law of the creditor's habitual residence. Americanchild support proceedings use pre-established guidelines todetermine the amount of any child support award. These guidelines,which are premised on economic conditions in the individualstates, are not suited to dealing with international disputes.The cases suggest that American courts are reluctant to abandonthe efficiency of the guidelines in favor of detailed fact basedanalysis, even if the result is an "inappropriate" order –certainty comes at a price.     

The wild mammals (protection) bill: A parliamentary white elephant?

Examining one unsuccessful private members’ bill (PMB) ‐ Kevin McNamara's Wild Mammals (Protection) Bill which would have prohibited hunting ‐ this case study examines many of the non‐legislative functions of the British Parliament. Even unsuccessful PMBs ‐ and this was a PMB whose failure was preordained ‐ have many consequences for both parliament and the wider political system of which it is an integral part. PMBs can perform an important ‘exit’ function, taking the decision away from a reluctant executive. They can help to set the agenda of political debate, generating publicity for parliament (as a body), the issue itself and the member promoting the bill. They generate correspondence between represented and representatives, helping to inform and educate. They can be used as a party‐political weapon and may have electoral consequences. They may also affect the legitimacy of the political system. PMBs are far from parliamentary white elephants.     

Reflections on Punishment from a Global Perspective: An Exploration of Chehtman’s The Philosophical Foundations of Extraterritorial Punishment

In this review essay, I offer reflections on three themes. I begin by exploring Alejandro Chehtman’s expressed methodological commitments. I argue that his views move him closer to Lon Fuller and away from the thin accounts offered by HLA Hart and Joseph Raz. Moreover, to make sense of his views, he must offer a more normatively robust theory of law. Second, I turn to his use of Raz’s theory of authority. I argue that Chehtman fails to distinguish between Raz’s views and his own, but more importantly, I maintain that his discussion of Raz is superfluous: in the course of “unpacking” Raz’s views, he leads us back to his own core theses. Finally, I explore Chehtman’s ability to deal with perennial worries that plague any attempt to offer a justification for International Criminal Law in general, and the International Criminal Court in particular (i.e., “victor’s justice”, “show trials”, “peace vs. justice”). I argue that unless Chehtman is able to demonstrate that the enforcement of International Criminal Law is able to impart dignity and security on the most vulnerable, his account will be significantly weakened.     

An Empire of Light?: II: Learning and Lawmaking in Germany Today

German law is commonly assumed to be strongly influenced bylegal scholarship. This was certainly true in the past, andthis article explores whether it is still the case today. Butwhat is actually meant by ‘influence’ in the contextof law? Who exerts it on whom, and how? These questions areanalysed in the first part of the article. It is then shown,by drawing on biographical material, legislative history andcase law, how legal scholarship contributes to both the legislativeand the judicial lawmaking process in Germany—and whereit does not. Finally it is asked how the specific relationshipbetween legal academics and lawmakers in the German legal systemcan be explained and whether this model can be transferred toother systems.     

Retrospection and Perspective of Foreign Investment Legislation in China (1979–2009)

Thirty years have passed for foreign investment legislation in China since the promulgation of the first foreign investment law in 1979. The remarkable achievements in the past 30 years under the China’s reform and open policy have benefited from introduction of foreign investment to a large extent as the result of foreign investment legislation and its changes. This paper starts with a retrospection of foreign investment legislation in China since 1979, followed by a discussion on the features and motives of changes in such legislation, and makes conclusions on the experience and lessons from the legislation, which will be conducive to further improvement of foreign investment legislation in China.     

Treatment as punishment: Forensic psychiatry in The Netherlands (1870–2005)

This article provides an overview of the development of forensic psychiatry in the Netherlands from the late nineteenth to the early twenty-first century. The first part addresses the ways forensic psychiatry established itself in the period 1870–1925 and focuses on its interrelatedness with forensic practice, psychiatry's professionalization, the role of the government, the influence of the so-called New Direction in legal thinking and (Italian and French) anthropology of crime, and the debates among physicians as well as between psychiatrists and legal experts on the proper approach of mentally disturbed offenders. From the mid-1920s on the so-called ‘psychopaths laws’ anchored forensic psychiatry in the Dutch legal system. The second part zooms in on the enactment of these laws, which formalized special measures for mentally disturbed delinquents. These implied a combination of sentencing and forced admission to and treatment in a mental institution or some other form of psychiatric surveillance. The article deals with the meaning, reach and consequences of this legislation, its debate by psychiatrists and legal experts, the number of delinquents affected, the offenses for which they were sentenced and the (therapeutic) regime in forensic institutions. The goal of the Dutch legislation on psychopaths was ambiguous: if it was designed to protect society against assumed dangerous criminals, at the same time they were supposed to receive psychiatric treatment to enable their return to regular social life again. These legal and medical objectives were at odds with each other and as a result discussions about collective versus individual interests as well as about the usefulness and the effects of this legislation kept flaring up. To this day the history of this legislation is characterized by the intrinsic tension between punishment and security on the one hand and treatment and re-socialization on the other. Whether at some point one or the other prevailed was largely tied to the social climate with respect to law, order and authority.     

Liberation(s): The Notion of Release (vimokkha) in the Paṭisambhidāmagga

The Vimokkhakathā, a section of the Pa?isambhidāmagga, expounds the longest list of vimokkhas (releases, deliverances) found in Pali; it also finely elaborates on the notion of vimokkha through a crucial shift in Theravāda exegesis. In order to explore the meaning and nuances of vimokkha in the Pa?isambhidāmagga, this article focuses on its classifications and definitions, discussing their relation to the standard lists found in the Nikāyas. This examination highlights a multifaceted soteriology that supplies meditative practice with a consistent wholesome attitude; I will also demonstrate how various microstructure-levels affect the macrostructure of the Pa?isambhidāmagga, which in turn draws upon the wider structure of the Tipi?aka. In addition, the commentary to the enunciation of the releases (Vimokkhuddesava??anā), translated in Appendix, clarifies the structure of the vimokkhas, and their relationship with the whole Pa?isambhidāmagga.     

What works (or doesn't) in a DUI court? An example of expedited case processing

Purpose

A number of policy efforts have aimed to reduce drunk driving, including deterrence-based policies and specialized treatment courts. This study examines the impact of expedited court processing on the county-wide rate of DUI offenses. It also examines the links between sanction swiftness, certainty, and severity and changes in DUI rates over time.

Methods

This study uses interrupted time series analysis to assess changes in DUI rates in one county over a time period including the introduction of a full-coverage, expedited court docket for DUI. Additionally, the three components of deterrence were examined.

Result

Findings reveal that the program implementation corresponded with a lower rate of DUI case filings, but not with a general reduction in alcohol-involved collisions in the county. Additionally, only sanction swiftness improved over time, while certainty remained stable and severity declined.

Conclusions

Results indicate that the introduction of the expedited court docket does not appear to have produced a deterrent effect on DUI. It may be that DUI offenders require more than expedited processing to overcome the issues that precipitate their offending. Future research and policy should explore both the impact of swiftness of punishment and the provision of appropriate treatment services in addressing DUI offending.     

Structural changes in Central and Eastern European economies: breaking news or breaking the ice?

This paper extends the sparse existing literature on structural breaks in emerging markets in Central and Eastern Europe by analyzing structural breaks in the intercept, trend and variance of monthly key macroeconomic variables, such as industrial production, inflation, monetary aggregates, nominal exchange rates and series related to the labor market. Using the Bayesian procedure developed by Wang and Zivot (2000, A Bayesian time series model of multiple structural changes in level, trend and variance. J Busi Econom 18:374–386), we provide strong evidence in favor of multiple structural breaks in the series under study. As most of the existing empirical literature on European emerging markets does not sufficiently deal with structural breaks, the instability found in this paper has important implications for macro-econometric modeling as well as the ensuing recommendations for economic policy.     

The urban household in Russia and the Soviet Union, 1900–2000: Patterns of family formation in a turbulent century

Starting from census data on co-residence and household composition, the authors analyse principles of family organisation and family formation in twentieth-century urban Russia and the Soviet Union. The article uses an adapted version of the classification of households developed by Peter Laslett and Eugene Hammel to study variation in household structure for successive population censuses. Changes in this variation between cross-sections are explained with the help of additional quantitative and qualitative data and are linked to the fundamental demographic, social and economic shifts which took place in Russian society in the course of the twentieth century. The article finds a family system characterised by a tendency towards nuclear family formation, but incorporating a fairly stable element of household extension. Co-residence of three generations was both an answer to a perennial housing problem and offered important advantages in the sphere of childcare and care for the elderly. Variation and fluctuation in household structure are found to be most pronounced during the turbulent first half of the century. After a period of stability during the post-war decades of Soviet rule, post-Soviet transformations provoke new changes.     

“I (can) see myself… But what for?” On Live Camera Feeds in Courtrooms (from the Perspective of Witnesses)

The paper’s aim is to present and critically discuss a peculiar practice noticed and studied in courtrooms in the Lower Court in Kraków, Poland. In courtrooms where different hearings take place, two cameras are installed on the wall or on the stand near the judge’s bench. One camera is aimed at the center of the courtroom, where non-professional participants such as witnesses or plaintiffs stand while being questioned by judge. The second camera’s view is more general—it covers the rest of the courtroom, including the benches for plaintiffs, claimants, defendants, and their legal representatives, and most notably the general public. Naturally, the mere presence of cameras in the modern courtroom is not surprising. What raises some questions is the presence of TV screens in the Kraków Lower Court’s courtrooms (and in Poland’s courts in general), which display the feed from both cameras during the hearing. Consequently, people gathered in the courtroom, especially people questioned by the judge (such as witnesses), can see themselves “live” in the TV screen. Even without raising the subtle details and differences between individual courtrooms, the system of displaying, in real time, live video feeds from a courtroom into the same courtroom begs for more detailed, critical analysis. For instance, one should address the system’s (presumably intended) functions (e.g. transparency, behavior control, and correction of time perception) and the real consequences for the dynamics during hearings, which are not assumptions or hypotheticals. The paper distinguishes the issues connected with the system and addressees them through the perspective of witnesses who participate in the hearings, using the collected opinions of witnesses.