Regional Arrangements as Agents of the UN Security Council: Some African and European Organisations Contrasted

The increased burden placed upon the UN Security Council in the post-Cold War era in respect of its discharge of its primary responsibility for the maintenance of international peace and security has fuelled calls for the greater use of regional arrangements as agents of the Council, to relieve its burden. However, the various agendas and capabilities of different arrangements make it difficult to adopt a uniform template of the role which regional arrangements can play as conductors of peace support operations authorised by the Security Council. This article attempts to provide a framework against which the potential role of different arrangements as viable agents to which the Security Council can entrust military enforcement operations, before going on to assess how selected African and European organisations fare against this framework. It will be demonstrated that when assessed against this framework, the organisations selected for comparison are remarkably similar.

Research universities as actors in the governance of local and regional development

In the increasingly competitive, knowledge-based economy, universities have a variety of potential roles for stimulating economic development beyond teaching, research and technology development. In this article we focus on universities’ role as actors in the governance of local and regional development. Using recently developed theories about the emergence of heterarchical governance, we discuss the motivations, interests, structural arrangements, and contingent conditions for universities becoming actors and partners in steering regional economic development policy and contributing to regional problem-solving, and explore the how university involvement may increase the effectiveness of governance processes. We test several hypotheses and draw lessons for the design and participation of governance arrangements. Our results suggest that individual leadership initiatives and the quality or interpersonal working relationships among leaders may be more important than the particular structural arrangements for producing effective governance outcomes.     

Regional integration in Central Asia

This paper analyses the interaction of regionalism and multilateralism in the five Central Asian countries’ trade policies. The basic question is why have leaders been willing to sign so many regional agreements, which often include visions of regional trading arrangements (RTAs), and yet so unwilling to implement any preferential trading arrangements? The paper examines the durability of multilateralism and the added incentives for joining the World Trade Organization in light of China’s WTO accession in 2001 and Russia’s expected accession. The final section draws together arguments for multi-dimensional (bilateral, plurilateral, and regional) regional cooperation within a WTO framework.     

Spectator Violence in Sports: A North American Perspective

Spectator violence has long been associated with professional football in Europe. This article examines the issue of spectator violence from a North American perspective. We begin by noting that there is little systematic research into the scope of spectator disorder in North America. Perhaps for this reason there is little consensus about the true scale of the problem on this side of the Atlantic. It does seem clear at least that there is less spectator violence associated with professional sports in North America. After reviewing a number of explanations for this finding, we conclude that it has less to do with criminal justice policies or practices, than the social context surrounding the 'spectatorship' of sports in North America. Perhaps the most important explanation for the variance in crowd behaviour concerns the demographic profiles of sports spectators in European football and North American sports.     

Family systems in central Russia in the 1830s and 1890s

Czap, Moon, and Mironov have suggested that two regional models for the rural family existed side by side in 19th-century Russia. This article approaches the question by examining the rural family as a statistically describable system occurring in a given economic and institutional context. The material applies to 8 local communities representing central Russia in the 1830s and 11 in the 1890s, the majority being the same communities in both cases. The aim is to determine from the household arrangements, economies, and institutional frameworks of these communities the kind of context in which a certain family system occurred. By relating these conclusions to data on the economic circumstances and social structures of the different parts of central Russia, two regional family systems are identified. Czap's “Eastern European family type” predominated in this area in the 1830s. Because the reforms and reorientation of economic activities in the 1860s brought about changes in household arrangements, however, a pattern characteristic of communities with a substantial degree of social stratification became the norm for most of the area.     

Family systems in central Russia in the 1830s and 1890s

Czap, Moon, and Mironov have suggested that two regional models for the rural family existed side by side in 19th-century Russia. This article approaches the question by examining the rural family as a statistically describable system occurring in a given economic and institutional context. The material applies to 8 local communities representing central Russia in the 1830s and 11 in the 1890s, the majority being the same communities in both cases. The aim is to determine from the household arrangements, economies, and institutional frameworks of these communities the kind of context in which a certain family system occurred. By relating these conclusions to data on the economic circumstances and social structures of the different parts of central Russia, two regional family systems are identified. Czap's “Eastern European family type” predominated in this area in the 1830s. Because the reforms and reorientation of economic activities in the 1860s brought about changes in household arrangements, however, a pattern characteristic of communities with a substantial degree of social stratification became the norm for most of the area.     

Cross Border Health Care: An Analysis of Recent ECJ Rulings

Recent rulings of the European Court of Justice show a trend towards a virtual European health-care basket. Four developments underlie this trend. First, the competence of the European Union seems to mature in the field of health care. Secondly, through a variety of authorisation procedures, individual Member States can to a large extent determine the conditions for cross border care. Thirdly, recent court cases indicate that the co-ordination of cross border care increasingly becomes a EU matter. Finally, in particular border regions, more flexible procedures for cross border care are being developed. An analysis of these developments from an (economic) institutional/constitutional point of view shows that potential Pareto-improvements can be expected from recent changes. These improvements depend on the institutional/constitutional framework into which these rules and engagements are embedded. Our analysis suggests that, although the current (increasing) role for the EU seems desirable, diminishing the role that individual Member States can play is not. National authorisation procedures, local/regional arrangements and flexible rulings are mechanisms that can secure an efficient level of output and an optimal size of the jurisdiction responsible for cross border care. This leads to the following recommendations: Current authorisation procedures (which differ per Member State) have to be maintained in order to secure an optimal community size for cross border services and goods; Bilateral agreements and flexible procedures in cross border regions should be stimulated in order to adapt institutional arrangements to the demand for cross border care by (a group of) individuals. The increased competency of the EU in the field of health care can best be used to make authorisation procedures more consistent and stimulate regional cross border care arrangements.     

The Role of UNEP and UNDP in Multilateral Environmental Agreements

This study examines the role of the UN’s programmes for environment and development (UNEP and UNDP) in the genesis and implementation of multilateral environmental agreements (MEAs). This is set in the wider context of the changing dominant focus of the international agenda, from ‘environment’ at the Stockholm Conference in 1972, to ‘environment and development’ at Rio in 1992, and ‚sustainable development’ in Johannesburg in 2002. UNDP is a development organisation strongly rooted in its country office network. Its role is becoming increasingly normative however, particularly since 2002 when UNDP opted to root most of its activities on the Millennium Development Goals. UNEP, as an environmental organisation has been successful at catalysing MEAs at the global and regional level; but without a significant increase in its budget over 30 years, its capacity has been spread very thinly. Many of the institutional arrangements for MEAs have effectively become independent of UNEP resulting in a very loosely and sometimes poorly coordinated network. Two case studies are used to illustrate the current institutional arrangements: UNEP’s Regional Seas Conventions and Protocols, and the Convention for Biological Diversity. These illustrate the fragmentation of current institutions, the need for strengthened technical and scientific support, the importance of addressing problems at their root causes and the need to increase the devolution of global governance to the regional level. Satisfying the identified needs requires actions within the remit of both UNEP and UNDP. It is argued that current institutional arrangements have not kept pace with the requirements of evolving policy. As part of a reform process, one option may be to merge the two programmes into a single structure that conserves and strengthens vital technical functions but enables a balanced and integrated approach to sustainable development.     

Mitochondrial DNA Profiling of Illegal Tortoiseshell Products Derived from Hawksbill Sea Turtles

The hawksbill sea turtle (Eretmochelys imbricata) is a highly endangered species, commonly poached for its ornate shell. “Tortoiseshell” products made from the shell are widely, although illegally, available in many countries. Hawksbills have a circumglobal distribution; thus, determining their origin is difficult, although genetic differences exist geographically. In the research presented, a procedure was developed to extract and amplify mitochondrial DNA from tortoiseshell items, in an effort to better understand where the species is being poached. Confiscated tortoiseshell items were obtained from the U.S. Fish and Wildlife Service, and DNA from 56 of them was analyzed. Multiple mitochondrial haplotypes were identified, including five not previously reported. Only one tortoiseshell item proved to be of Atlantic origin, while all others corresponded to genetic stocks in the Indo‐Pacific region. The developed methodology allows for unique, and previously unattainable, genetic information on the illegal poaching of sea turtles for the decorative tortoiseshell trade.     

The patriarchy index: a comparative study of power relations across historical Europe

This article stands at the confluence of three streams of historical social science analysis: the sociological study of power relations within the family, the regional demography of historical Europe, and the study of spatial patterning of historical family forms in Europe. It is a first exercise in the design and application of a new ‘master variable’ for cross-cultural studies of family organization and relations. This indexed composite measure, which the authors call the Index of Patriarchy, incorporates a range of variables related to familial behaviour, including nuptiality and age at marriage, living arrangements, post-marital residence, power relations within domestic groups, the position of the aged, and the sex of the offspring. The index combines all these items, with each being given equal weight in the calculation of the final score, which represents the varying degrees of sex- and age-related social inequality (‘patriarchal bias’) in different societal and familial settings. In order to explore the comparative advantages of the index, the authors use information from census and census-like microdata for 91 regions of historical Europe covering more than 700,000 individuals living in 143,000 domestic groups, from the Atlantic to the Urals. The index allows the authors to identify regions with different degrees of patriarchy within a single country, across the regions of a single country, or across and within many broader zones of historical Europe. The unprecedented patterning of the many elements of power relations and agency contained in the index generates new ways of accounting for both the geographies and the histories of family organization across the European landmass.     

Molecular identification of poisonous pufferfishes and cross-atlantic genetic divergence patterns based on the mitochondrial COI gene

The Tetraodontidae is the most speciose family within the order Tetraodontiformes, being characterized by beak-like jaws and the presence of powerful neurotoxins Tetrodotoxin/Saxitoxin associated with soft tissues, inflation behavior under stress, a condition shared with its accepted sister-family Diodontidae. Although several studies, including both morphological and molecular analyses have been conducted in the last decade the phylogeny and biogeography of Tetraodontidae and its species remain under debate. Several fatal intoxication cases had been observed in the last years related with the ingestion of Tetraodontidae species all around the world. Although recent technological advances have facilitated the sequencing of an entire mitogenome (∼16Kb), increasing the use of mtDNA as a phylogenetic marker, several studies primarily focusing on small mtDNA regions are continuously conducted. Therefore, the aim of the present study was to investigate the molecular identification and the cross-atlantic genetic divergence patterns observed from the mitochondrial COI gene of the poisonous genus Sphoeroides based on newly determined and previously published sequences from both North and South Atlantic Oceans.     

东盟跨境医疗服务法律制度研究

东盟成员国通过一系列区域性贸易协定和安排扩大了医疗服务贸易。但是,医疗服务贸易的扩大也给成员国的国内医疗服务市场带来了复杂的影响。从某种程度上讲,东盟成员国的经济社会发展水平与中国类似。东盟的区域性立法和成员国的实践可以为中国的医疗服务制度的完善提供一些借鉴。     

Sampling and statistical considerations for the Suchey–Brooks method for pubic bone age estimation: Implications for regional comparisons

Although the Suchey–Brooks (SB) system is currently the most widely used method for age-at-death estimation from the pubic bone, the system continues to evolve through stepwise improvements. Since the system was developed from a pubic bone sample derived mainly from North Americans, it is unclear how well it performs on populations from other continents. During the last decade, studies of the SB system on pubic bone samples from local populations in Europe and Asia have indicated regional differences in the relationship between age and pubic bone development. However, these studies have for the most part followed different research protocols, which make comparisons between their results less meaningful. It would be most useful if future regional analysis of the SB system were done in a rigorous and uniform fashion, following standard procedures. In this paper, sampling and statistical considerations are outlined that hopefully will help to standardize research on the SB system.     

Japan's Research Whaling Is Not Unlawful and Does Not Violate CITES Trade Rules

This article is a critique of two reports of “independent legal experts” sponsored by the International Fund for Animal Welfare (IFAW); the “Paris Panel” and the “London Panel.” The article shows that the Paris Panel's conclusion that Japan's research whaling in the Antarctic is unlawful and an abuse of rights under the International Convention for the Regulation of Whaling (ICRW) is based on misuse of evidence and failure to properly interpret Article VIII of the Convention and the legal status of recommendatory non-binding resolutions. It also shows that the London Panel's conclusion that the import of humpback whales from Japan's research program in the Antarctic and sei whales from its research program in the North Pacific are a violation of trade rules under the Convention on International Trade in Endangered Species of Wild Fauna and Flora is based on incorrect interpretation of that Convention's trade rules. It is concluded that the two independent legal experts panel reports are, from a legal perspective, seriously flawed, rendering their conclusions invalid and relegating the reports to the status of IFAW propaganda.     

法律全球化与知识产权保护

随着经济全球化进程的加快,法律全球化过程中的知识产权法律制度能否全球化以及在全球化过程中面临哪些问题,是知识产权法学者值得深思的问题.认为知识产权的本质特征是知识产权法全球化的基础和前提,而知识产权法的功能和作用则是其全球化的必然结果,从区域化向全球化不断演变的动态过程则为其实现的途径.在这一过程中,基于各国政治、经济、文化、传统等差异,必然会遇到各种各样的冲突与矛盾,其主要问题表现为发展不平衡、地域性差异、利益冲突和不同的价值取向.     

Regional integration and free-trade agreements in the Balkans: opportunities, obstacles and policy issues

The Balkan states are engaged in a complex and contradictory process of simultaneous regional integration and disintegration. The main instrument of regional integration has been a network of bilateral Free Trade Agreements which the Balkan countries have adopted under the guidance of the Stability Pact for South East Europe, and more recently the extension of the CEFTA free trade area to the region. The bilateral FTAs have been criticised for creating a ‘spaghetti bowl’ of differentiated trade relations, and creating risks of trade deflection and trade diversion. At the same time other arrangements, including the contractual relations of individual countries with the EU, cut across the region and fragment their mutual trade relations. Moreover, Croatia is likely to become an EU member within the next few years, at which point it will suspend its trade agreements with the non-member Balkan states. Therefore, soon after having established a new mechanism of integration, the region will once again be split apart, leaving a rump association of five or six poverty-stricken and politically unstable countries to pursue the vision of regional cooperation. This paper focuses on the prospects for regional integration among these remaining countries: Albania, Bosnia and Herzegovina, Kosovo, Macedonia, Montenegro, and Serbia. It explores the patterns of their mutual trade, and the opportunities and obstacles to increasing trade between them.     

Regional Trade Agreements and the Neo-Colonialism of the United States of America and the European Union: A Review of the Principle of Competitive Imperialism

The recent proliferation of Regional Trade Agreements (RTAs) in the last two decades raises questions about the paradigm shift from the multilateral trading system of the World Trade Organization (WTO) to bilateral and regional preferential trade arrangements. Even more questionable is the fact that the United States of America (USA) and the European Union (EU), among the other trading powers of the world, are leading the use of RTAs to the detriment and neglect of non-discriminatory trade liberalisation. It has been suggested that neo-colonialism may be the motivation for the use of RTAs by the USA and the EU as their international trade policy of choice within a broader competitive process for imperial domination of their preferential trading partners. This article reviews this suggestion in order to propose an alternative explanation for the RTA practice of the USA and the EU.     

Trafficking in Migrants: Illegal Migration and Organized Crime in Australia and the Asia Pacific Region

The subject of this article is the phenomenon commonly known as trafficking in migrants or people smuggling—the criminal offence of transporting migrants across international borders. This article explores the phenomenon of migrant trafficking and analyses migrant trafficking in the light of recent developments at domestic, regional and international levels. This article examines national legislation dealing with migrant trafficking in criminal law and immigration law in Australia and fifteen countries of the Asia Pacific region: Brunei, Cambodia, People's Republic of China and its Special Administrative Regions Hong Kong and Macau, Fiji, Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Papua New Guinea, Singapore, Solomon Islands, Taiwan, Thailand, Vanuatu and Vietnam. Moreover, international and regional efforts to combat illegal migration and organized crime are outlined and analysed.     

'The Lady Doth Protest Too Much' Kosovo, and the Turn to Ethics in International Law

Most international lawyers approved of the 1999 bombing of Serbia by the members of the North Atlantic alliance. But most of them also felt that it was not compatible with a strict reading of the UN Charter. The article describes the argumentative techniques through which international lawyers tried to accommodate their moral intuitions with their professional competence. The urge to achieve this, the article argues, arose from a general turn to ethics in the profession that has been evident since the end of the Cold War. This has often involved a shallow and dangerous moralisation which, if generalised, transforms international law into an uncritical instrument for the foreign policy choices of those whom power and privilege has put into decision-making positions.     

Subsistence Emissions and Luxury Emissions

In order to decide whether a comprehensive treaty covering all greenhouse gases is the best next step after UNCED, one needs to distinguish among the four questions about the international justice of such international arrangements: (1) What is a fair allocation of the costs of preventing the global warming that is still avoidable?; (2) What is a fair allocation of the costs of coping with the social consequences of the global warming that will not in fact be avoided?; (3) What background allocation of wealth would allow international bargaining (about issues like 1 and 2) to be a fair process?; and (4) What is a fair allocation of emissions of greenhouse gases (over the long-term and during the transition to the long-term allocation)? In answering each question we must specify from whom any transfers should come and to whom any transfers should go. As the grounds for the answers we usually face a choice between fault-based principles and no-fault principles.