The Standard of Review Strikes Back: the US-Korea Drams Appeal

This article contains a brief analysis of how the WTO AppellateBody identified and applied a standard of review in the recentUS–Korea DRAMS Appeal and its implications for this aspectof WTO jurisprudence in the future. Section I discusses theformulation of the objective assessment test and its developmentthrough subsequent cases. Section II sets out the backgroundto the US–Korea DRAMS decision and summarizes the reasoningof the Appellate Body in determining that the panel had notcomplied with its obligations under Article 11 of the DisputeSettlement Understanding. Section III discusses the implicationsof this decision for panels and parties. It is suggested thatthis decision evidences the significant development of the standardof review under the WTO dispute-settlement system. However,it is suggested that the standard is becoming more complex innature, and it may be increasingly difficult for panels to complywith Article 11 without a clear restatement of applicable principlesby the Appellate Body.     

我国行政上诉制度之检讨与完善——由一起具体案件引发的思考

由于现行《行政诉讼法》对行政上诉条件的规定失之于宽,从而增添了许多不必要的诉讼,并引发诉讼费用征收标准及负担原则上的悖论。为避免上诉权的滥用,充分发挥二审程序的制度功能,应从制度上对当事人的上诉予以适当的限制,并完善我国行政裁判的纠正制度。     

Reflections on International Judges and Their Decision-making: A Review Essay on Daniel Terris et al. (eds), The International Judge

In reviewing this valuable book, some reflections were givenconcerning nominations of candidates for judicial posts, aswell as on moral integrity of particular judges in the proceedingsbefore the International Court of Justice on South West Africa(Namibia) between 1950 and 1971. Paradoxically, the controversialJudgment of 1966 had some salutary effects on further developmentof rules of general international law.     

The Employment Appeal Tribunal: October 2002-July 2005

The Employment Appeal Tribunal (EAT) has been governed by theEAT Rules¹ since 1993 (amended in 2001), and in 1996, Sir JohnMummery, the then president, issued a Practice Direction whichenshrined the practice that had been developed and honed overthe 20 years of the EAT existence. The changes over the past3 years have now been reflected in the 2004 amendments to theEAT Rules and by two further Practice Directions, first in December2002, to implement the effect of the changes introduced in practiceas from October 2002 and then in December 2004, once they hadbedded in, to adjust to the amended Rules, which had also reflectedthose changes. This article is written for the purpose of summarisingthose changes and reflecting upon their effect.     

Complex mixtures: A critical examination of a paper by Homer et al.

DNA evidence in criminal cases may be challenging to interpret if several individuals have contributed to a DNA-mixture. The genetic markers conventionally used for forensic applications may be insufficient to resolve cases where there is a small fraction of DNA (say less than 10%) from some contributors or where there are several (say more than 4) contributors. Recently methods have been proposed that claim to substantially improve on existing approaches [1]. The basic idea is to use high-density single nucleotide polymorphism (SNP) genotyping arrays including as many as 500,000 markers or more and explicitly exploit raw allele intensity measures. It is claimed that trace fractions of less than 0.1% can be reliably detected in mixtures with a large number of contributors. Specific forensic issues pertaining to the amount and quality of DNA are not discussed in the paper and will not be addressed here. Rather our paper critically examines the statistical methods and the validity of the conclusions drawn in Homer et al. (2008) [1].We provide a mathematical argument showing that the suggested statistical approach will give misleading results for important cases. For instance, for a two person mixture an individual contributing less than 33% is expected to be declared a non-contributor. The quoted threshold 33% applies when all relative allele frequencies are 0.5. Simulations confirmed the mathematical findings and also provide results for more complex cases. We specified several scenarios for the number of contributors, the mixing proportions and allele frequencies and simulated as many as 500,000 SNPs.A controlled, blinded experiment was performed using the Illumina GoldenGate^® 360 SNP test panel. Twenty-five mixtures were created from 2 to 5 contributors with proportions ranging from 0.01 to 0.99. The findings were consistent with the mathematical result and the simulations.We conclude that it is not possible to reliably infer the presence of minor contributors to mixtures following the approach suggested in Homer et al. (2008) [1]. The basic problem is that the method fails to account for mixing proportions.     

Self-control behind bars: A validation study of the Grasmick et al. scale

Much empirical support of self-control theory is based on the 24-item scale conceptualized by Grasmick and his colleagues. This study examined the dimensionality of the scale. Exploratory factor analysis, confirmatory factor analyses, and a structural equation model (SEM) produced results that are discordant with much prior research. The Grasmick et al. scale was not unidimensional, more complex theoretical iterations failed to meet most goodness-of-fit statistics, and considerable refinement via modification indices was needed before a measurement model that fit the data could be found. Further refinement is required to justify it as the quintessential measure of self-control.     

Don't Mention the War: The Court of Appeal,the Criminal Cases Review Commission and Dealing with the Past in Northern Ireland

Despite the vast transitional justice scholarship relating to prisoner release, amnesties and prosecutions when conflicts end, there is a significant gap in practice and academic literature regarding wrongful convictions. Uniquely amongst post‐conflict societies, Northern Ireland has a body for investigating miscarriages of justice, albeit one designed for ‘ordinary’ appeals. In the absence of a formal truth‐recovery process, criminal appeals are becoming a proxy for addressing the role of the state during ‘The Troubles,’ as well as remedying individual injustices. This article examines the approach of the Northern Ireland Court of Appeal during the conflict. It charts the developments in its decision‐making following the cease‐fires and the establishment of the Criminal Cases Review Commission. It concludes that the current system is unsatisfactory as it ignores the effects of the conflict on the appeal process and offers no insights into the role of the Court during the conflict. Alternative models are suggested.