The transnational politics of judicialization. Van Gend en Loos and the making of EU polity

This article tracks the genesis of one of the EU's most established meta-narratives, that of Europeanisation-through-case-law. Instead of studying this theory of European integration as an explanatory frame, I consider what is at stake in its genesis as a dominant frame of understanding of Europeanisation. I trace its emergence in the conflicting theorisations of the relationship between law and the European Communities that come along with the ECJ's 'landmark' decisions (Van Gend en Loos and Costa v ENEL). This approach helps seize the genesis of a specific and—at the time—rather unlikely political model for Europe in which a Court (the ECJ) is regarded as the very locus of European integration's dynamics as well as the best mediator and moderator of both Member States' 'conservatism' and individuals' 'potential excesses'.     

The Current Status and Prospects of the 'Strategic Partnership' between the EU and China: Towards the Conclusion of a Partnership and Cooperation Agreement

Abstract: This article aims to evaluate legal aspects of the content and implementation of the ‘strategic partnership’ between the EU and the People's Republic of China. In the absence of a category of ‘emerging countries’ in international economic law, the Union must adapt its foreign policy with regard to this major economic and commercial power. Relations between the European Community and China are currently governed by a second‐generation agreement from 1985. However, a new dynamic has been set in motion since 2003, by the drawing up of preparatory documents by both parties and joint declarations at annual summits bearing on the ‘strategic partnership’. Seen in a long‐term perspective, this partnership helps provide a measure of predictability in relations between the two partners, through combining elements of ‘soft law’ and ‘hard law’. If the insertion of political dialogue into the strategic partnership seems to alter the coherence of the Union, notably with regard to the difficulties of implementing the dialogue on human rights, the added value of the partnership lies essentially in its economic and commercial aspects, through not only the putting into place of non‐binding ‘economic dialogues’ which cover a large spectrum of the relationship, but also by the multiplication of sector‐based accords in numerous areas (maritime transport, customs cooperation, etc.). This constant development has thus allowed parties, at the last annual summit, to envisage the conclusion of a new framework agreement: this is the origin of the mandate given to the Commission in December 2005 to conclude a partnership and cooperation agreement. This article will sketch out a forecast of the legal framework, measured against the yardsticks of Asiatic regional reconfigurations and the law of the World Trade Organisation (WTO). The commercial risks of the relationship could imply the integration of the domains known as ‘WTO plus’ into the future agreement, notably in the field of investments and intellectual property rights, which would introduce a greater variety into the agreement. That being the case, the negotiations risk being equally fragile at the political level, in particular concerning the insertion of a clause of democratic conditionality in the future agreement. Also, any clash between the values and the interests of the EU would be uncomfortably highlighted during negotiations.     

Factors Influencing the Filing of Complaints,Their Investigation,and Subsequent Legal Judgment in Cases of Sexual Assault

In Geneva, examination of victims of sexual assault is performed by a gynecologist and a medical examiner. 48% of the victims file a complaint and we wanted to investigate the factors leading to file a complaint, those leading the Prosecutor to go to trial, and those influencing a conviction. Between 2006 and 2012, 676 victims of sexual assault were investigated (averaged age 26 year, mean 22). Information on injuries, perpetrators, and circumstances of the assault was collected and analyzed. The attacker being the ex‐spouse or a friend and the presence of semen were factors leading to file a complaint. The assailant being a family member or ex‐spouse and the presence of genital/anal lesions were factors influencing the Prosecutor. The presence of nongenital lesions, the assailant being known by the victim, influenced conviction. This study shows that the medical examiner plays a vital role in the investigation of cases of sexual assault.     

Black Politics: How Anger Influences the Political Actions Blacks Pursue to Reduce Racial Inequality

Political Behavior - Although Blacks are homogeneous in their support for racial equality, research shows that they are conflicted about the political strategies their group should adopt to advance...     

The practice of burden sharing in European crisis management operations

ABSTRACT

If a European organisation decides to deploy a military force in Mali or a police mission in Afghanistan, member states probably believe that collective security is a public good that benefits them all. But who will lead the mission? Who will staff it? Who will pay for it? Who will risk casualties? While rational-choice theorists expect little burden sharing, constructivists expect a great deal more insofar as normative pressures are brought to bear on governments. The problem is that it is hard to find countries that systematically eschew their responsibilities or, contrariwise, systematically contribute their fair share out of a sense of moral obligation. In this article, we analyse burden sharing as an anchoring practice, shedding light on the social logic of burden sharing rather than abstract interests or norms. Established after the end of the Second World War, the field of European security has given birth to a “community of security practice” around the more or less routine task of determining national contributions to crisis management operations. Based on interviews with practitioners from the UK, France, Germany, Norway and Ireland, we analyse the impact of intersubjectivity, power and strategic culture on the practice of burden sharing.     

The Potential of Isotope Ratio Mass Spectrometry (IRMS) and Gas Chromatography‐IRMS Analysis of Triacetone Triperoxide in Forensic Explosives Investigations

Studying links between triacetone triperoxide (TATP) samples from crime scenes and suspects can assist in criminal investigations. Isotope ratio mass spectrometry (IRMS) and gas chromatography (GC)‐IRMS were used to measure the isotopic compositions of TATP and its precursors acetone and hydrogen peroxide. In total, 31 TATP samples were synthesized with different raw material combinations and reaction conditions. For carbon, a good differentiation and a linear relationship were observed for acetone–TATP combinations. The extent of negative (δ¹³C) fractionation depended on the reaction yield. Limited enrichment was observed for the hydrogen isotope (δ²H) values of the TATP samples probably due to a constant exchange of hydrogen atoms in aqueous solution. For oxygen (δ¹⁸O), the small isotopic range and excess of water in hydrogen peroxide resulted in poor differentiation. GC‐IRMS and IRMS data were comparable except for one TATP sample prepared with high acid concentration demonstrating the potential of compound‐specific isotope analysis. Carbon IRMS has practical use in forensic TATP investigations.     

More Money,More Problems: Quality Assurance in Higher Education in Chile (2006–2018)

Since the radical neoliberal reforms to Chilean higher education of the 1980s, the creation of a quality regulatory system has been gradual and unfinished. It was only in 2006 that a law created the National Commission for Accreditation and two instruments: programmes and institutions accreditation. This article analyses the design and implementation of the latter policy instrument using mixed methods, including in-depth interviews with key actors. Our findings show that, although regulations have introduced quality assurance as a key element in higher education policy, the link established between accreditation and financing has generated incentives that dangerously weaken these quality mechanisms.     

How Liberalism Kills Democracy or Sen's Theorem Revisited

First, a general qualification rule based on individualpreferences is proposed which allows any given coalition todistinguish among its members some individuals who are said tobe qualified by it since sensitive in preferences withall individuals of this coalition. A particular qualificationrule, the liberal one, is then introduced as a ruleconferring the power to qualify or disqualify any individualon the individual himself. Now, since each preference propertycorresponds to a qualification property, the liberalqualification rule is precisely characterized by individualpreferences. Second, a delegator, that is a mappingdescribing a subset of delegates within the society, isdefined to justify the standard notion of decisiveness.The idea of delegation allows us to generalize Arrow-Senframework. This is done by means of a collective rationalitypostulate such that a coalition must be competent, i.e.includes all delegates, to be decisive. Then, we prove that(1) there exists a delegate who is qualified by any coalitionhe belongs to, (2) such a delegate is a dictator iff thequalification rule is liberal, (3) the qualification rule isliberal iff the preferences are selfish.     

The Effectiveness of a Racialized Counterstrategy

Our article examines whether a politician charging a political candidate's implicit racial campaign appeal as racist is an effective political strategy. According to the racial priming theory, this racialized counterstrategy should deactivate racism, thereby decreasing racially conservative whites’ support for the candidate engaged in race baiting. We propose an alternative theory in which racial liberals, and not racially conservative whites, are persuaded by this strategy. To test our theory, we focused on the 2016 presidential election. We ran an experiment varying the politician (by party and race) calling an implicit racial appeal by Donald Trump racist. We find that charging Trump's campaign appeal as racist does not persuade racially conservative whites to decrease support for Trump. Rather, it causes racially liberal whites to evaluate Trump more unfavorably. Our results hold up when attentiveness, old‐fashioned racism, and partisanship are taken into account. We also reproduce our findings in two replication studies.