Positive Obligations and the International Criminal Tribunals’ Law of Detention: Funding Family Visits and the ICC Presidency’s Ngudjolo Decision

This article addresses the issue of whether the international criminal tribunals are under an obligation to fund family visits for indigent detainees. It examines the concept of positive obligations and its relation to the detention situation and describes the practice of funding family visits as it has developed at the International Criminal Court. It further analyses relevant developments in the Court’s case law. It argues that the Court is indeed obliged to fund family visits. In this regard, the mere recognition of a detainee’s right to family visits in the tribunals’ legal frameworks andin international soft-law penological standards can be said to inadequately reflect the particularities of international detention.

     

The impact of preferential trade agreements on governmental repression revisited

Previous research suggests that most treaties are ineffective in ensuring countries’ compliance with human rights standards. It has been argued, however, that preferential trade agreements (PTAs) including ‘hard’ human rights standards can withhold economic benefits and, thus, can have a real potential to substantially reduce human rights violations. The following article questions this as existent work on the effects of PTAs on human rights standards neglects a selection process underlying the implementation of these treaties. Countries being aware of the ‘shadow of the future’ already take into account what may happen at the succeeding enforcement stage when establishing a particular PTA. This implies that states agree on ‘hard’ human rights standards in PTAs only if they have a general propensity to abide by human rights in the first place. For testing the empirical implications of their argument, the authors collected new data on PTAs in 1976/77-2009, and employ genetic matching techniques. The results support the theoretical argument that PTAs are unlikely to affect human rights compliance when controlling for the outlined selection problem.     

Violent behavior and the factors associated with the decision to report it: a retrospective study

An ample volume of research evidence supports the conclusion that severe mental illness is correlated with violent behavior. While episodes of violent behavior are included in medical notes, not all episodes of violent behavior are officially reported to the police, even when they are actual crimes. We conducted a retrospective study on the already existing clinical files of four public psychiatric outpatient facilities, based in Southern Italy, in order to assess how many cases of violent behavior are actually reported and which variables are more frequently connected with the decision to report. The data shows that the episodes known to the health services, in number and seriousness, vastly outnumber the complaints actually made towards their patients.     

Death scene evaluation in a case of fatal accidental carbon monoxide toxicity

Exposure of humans to high concentrations of carbon monoxide can result in death, due to the formation of carboxyhaemoglobin (COHb), which impairs the oxygen carrying capacity of the haemoglobin. Carbon monoxide is responsible of a great number of accidental domestic poisonings and deaths throughout the world, particularly in homes that have faulty or poorly vented combustion appliances. A case is reported, in which a 21-year-old woman was found dead, due to carbon monoxide poisoning from a gas water heater, despite the puzzling evidence that the heater has been used for more than 10 years without any problem. An evaluation of the exposure to CO was performed, by measuiring the rate of production of CO from the heater, and using the Coburn-Forster-Kane equation to describe the kinetics of the poisoning process. The death was attributed to an accidental poisoning from carbon monoxide due to a sum of unfortunate circumstances.     

Feminism and science

Ruth Bleier (ed.), Feminist Approaches to Science (Pergamon Press, The Athene Series) New York, 1986.     

Voters' party preferences in multiparty systems and their coalitional and spatial implications: Germany after unification

How should party preferences of voters in a multiparty system be measured, compared and aggregated? We use city block metric of distances between the pairwise comparisons of the five German parties (1995 survey data for West and East Germany). Neither in West nor in East Germany, a party gains the absolute majority of voters' preferences. We derive coalition preferences from the party rankings; the governing coalition of CDU/CSU and FDP is not the winner, compared with other feasible coalitions of the German party system. But the party rankings of the CDU/CSU-FDP coalition leaners are more homogeneous than other groups of coalition leaners. In the second part of the article, we analyze the common structure of all consistent party rankings. Do voters apply the same criteria to evaluate the political parties? Although only a slight majority of individual rankings fit the often used ideological left-right scale, there does not exist a competing one-dimensional order of the parties that would capture more voters. The joint scale of individual party rankings is interpreted as the collective order which facilitates political orientation of voters. This collective order is more pronounced in West than in East Germany where individuals are almost as consistent in their party rankings but where the rankings fit the collective order less well than in West Germany.

     

Veldt fires in South Africa: Implications on osteometry and the biological profile

Standard operating procedures for forensic anthropological analyses dictate that thermally altered remains should not be measured, hindering the creation of a biological profile. Few studies have addressed estimating biological parameters from burned remains, with the greatest focus of this research area being on cremated remains. However, veldt fires are more common than cremation in the South African forensic context. The aim of this study was to explore the degree of structural changes observed in domestic pig (Sus scrofa) bones associated with thermal destruction and the potential impact on the estimation of a biological profile using standard osteometric methods. A total of 96 pig femora were divided equally into two categories: fresh and dry. Within each category, equal samples were exposed to different durations of burning, namely, 5, 10, and 20 min. Ten standard femoral anthropological measurements were collected before and after burning. Technical error of measurement and Wilcoxon signed-rank tests were used to assess changes in the femoral dimensions before and after burning. Most measurements were significantly different after burning, with the fresh bones decreasing in size by up to 7.8% and the dry bones decreasing in size by up to 4.0%. The magnitude of post-burning measurement changes for both burn conditions was similar to, or smaller than has previously been reported for observer measurement errors of commonly used variables investigated for standard osteometric studies. Veldt fires are less intense than cremation, thus causing less shrinkage.     

The Institutionalised Participation of Management and Labour in the Legislative Activities of the European Community: A Challenge to the Principle of Democracy under Community Law

The legislative procedure established by Articles 138-139 of the Amsterdam Treaty is sensitive with regard to democratic prerequisites, but does not, in the final analysis, breach the formal principle of democracy established under Community law. Although the establishment of a parliamentary right of consultation is desirable, sufficient democratic legitimation is nonetheless supplied by virtue of Council and Commission participation within the legislative procedure and by their unlimited right to examine and reject substantive provisions designed by management and labour. By the same measure, the participation of management and labour in the Articles 138-139 legislative process is not of itself sufficient to create democratic legitimation. However, although management and labour organisations might never claim to represent the public of Europe as a whole, they can contribute to the 'substantive' legitimacy of European social law-making where they are adequately representative of persons and groups affected by EC legislative acts and take positive steps to ensure that the interests of such persons are reflected in secondary EC law. Accordingly, the Commission and the Council should review the representative nature of organisations engaged in European social law-making, paying particular attention to under-represented interests and, if necessary, should also make use of their right of rejection where privately negotiated agreements neglect these interests.     

Female criminals—It's not always the offender!

Numerous crimes (including murder), all having a common denominator, occurred in Germany and Austria between 1993 and 2009. All of these cases presented with identical female DNA traces being found at the crime scene. The crimes committed differed markedly, as did the suspects involved, which were of varied origin. Many of these cases could be solved. However, none of the suspects could identify an involved female. Fourteen of these cases (including one murder) occurred in Upper Austria.A special task force of the Austrian police, together with the Institute of Legal Medicine in Salzburg, began systematically searching for errors in the investigative process after the cases became more and more incoherent and nebulous. In the end, the DNA trace evidence was shown to be contaminated. A woman involved in the manufacture of the cotton swabs turned out to be the source of the female DNA profile.Following this, several products of other manufacturers were tested for contamination with DNA. It was noted that cotton swabs which had been sterilised with radiation were often contaminated. As a result, it is recommended that the manufacturing process, as well as the products themselves used in collection of DNA trace evidence, should be re-evaluated with the emphasis on preventing contamination.     

Trade at the margin: Estimating the economic implications of preferential trade agreements

Preferential Trade Agreements (PTAs) have become the most prevalent form of international trade liberalization in recent decades, even though it remains far from clear what their effects on economies and their key units, firms, are. This paper evaluates the distributional consequences of trade liberalization within industries differentiating two distinct aspects in which trade liberalization could result in higher trade flows: the intensive vs. the extensive margin of trade. In particular, we analyze whether trade liberalization leads to increased trade flows because either firms trade more volume in products they have already traded before (intensive margin) or because they start to trade products they have not traded previously (extensive margin), or both. We test these arguments for the Dominican Republic–Central America–United States Free Trade Agreement (CAFTA-DR) and exporting firms based in Costa Rica for the time-period 2008–2014. The results of our study suggest that the effects of CAFTA-DR depend not only on whether we analyze the extensive versus the intensive margin of trade but also whether the product in question is homogenous or differentiated and whether the exporting firm under analysis is small or large. In particular, we find support for the theoretical expectation that firms exporting heterogeneous products, such as textiles, gain from trade agreements, such as CAFTA-DR, in that they can export more varieties of their products. Yet at the same time, they tend to lose at the intensive margin by a reduction in their trade volume while the opposite pattern occurs for firms exporting homogenous products.