Vorauseilender Gehorsam? Zur Begründung der Zuständigkeit des Umweltsenats qua Vorrang des Unionsrechts

Nach Auffassung des VwGH verlangt das Unionsrecht, dass der Umweltsenat auch über Berufungen in Umweltvertr?glichkeitsprüfungsverfahren für Bundesstra?en und Eisenbahn-Hochleistungsstrecken entscheidet. Um zu diesem Schluss zu gelangen, musste der VwGH in seinem Beschluss vom 30. September 2010 zum einen von einem unionsrechtlich determinierten Gebot ausgehen, dass einem nachprüfenden Gericht in Umweltvertr?glichkeitsprüfungsverfahren volle Tatsachenkognition zukommt (und somit eine Beschwerdem?glichkeit an den VwGH nicht ausreicht). Zum anderen musste der VwGH den Vorrang des Unionsrechts dahingehend deuten, dass sekund?res Unionsrecht auch zust?ndigkeitsbegründend wirken kann und sich nicht darin ersch?pft, zust?ndigkeitshemmendes innerstaatliches Recht zu verdr?ngen. Da beide Annahmen aus unionsrechtlicher Sicht eine substantiierte Untermauerung vermissen lassen, w?re der VwGH nach der hier vertretenen Auffassung verpflichtet gewesen, den EuGH im Rahmen eines Vorabentscheidungsverfahrens anzurufen.     

The fate of the chemical warfare agent during DNA extraction

Forensic laboratories do not have the infrastructure to process or store contaminated DNA samples that have been recovered from a crime scene contaminated with chemical or biological warfare agents. Previous research has shown that DNA profiles can be recovered from blood exposed to several chemical warfare agents after the agent has been removed. The fate of four toxic agents, sulfur mustard, sodium 2-fluoroacetate, sarin, and diazinon, in a lysis buffer used in Promega DNA IQ extraction protocol was studied to determine if extraction would render the samples safe. Two independent analytical methods were used per agent, selected from GC-MS, 1H NMR, 19F NMR, (31)P NMR, or LC-ES MS. The methods were validated before use. Determinations were carried out in a semi-quantitative way, by direct comparison to standards. Agent levels in the elution buffer were found to be below the detectable limits for mustard, sarin, sodium 2-fluoroacetate or low (<0.02 mg/mL) for diazinon. Therefore, once extracted these DNA samples could be safely processed in a forensic laboratory.     

Innovation capital

In this paper we compare the relationship between a firm’s innovation capital and the likelihood that a firm will commercialize an invention. Our index of innovation capital is the product of the firm’s human capital, social capital, and reputational capital. We find from our empirical experiment, which uses Small Business Innovation Research data, that innovation capital is a statistically more important entrepreneurial input to the innovation output of commercialization than any of its components.     

South African–Swaziland relations: A constructivist reading

There are several accounts of the past relations between Swaziland and South Africa. Some are set in the realist school of international relations scholarship. These studies portray Swaziland's policy behaviour as ‘submissive’ because of ‘immutable structural forces’. The neo-Marxian analyses locate the relations exclusively in class/ideological setting. Other accounts depict the ‘kaleidoscopic’ nature of the relations. The post-apartheid understanding of this relationship is largely gleaned from regional studies – the dominant view of which is that South Africa is reluctant to exercise hegemony in its relations with regional states. This article critiques the one-directional thrust of the realist and Marxian accounts. While endorsing multidirectional and multidimensional accounts of policy behaviour, the article shows that they lack an over-arching theoretical framework. A similar charge is directed at the post-apartheid literature. The position of this article is that constructivism offers analytical tools needed to understand the relations between the two states and how South Africa can reorder them.     

Information society policy in the developing world: A critical assessment

The Global Information Society (GIS) has in recent years been high on the political agenda of Western countries. These countries have been concerned with the development of Information Infrastructures in order to achieve the Information Society. In the West there has been a broad consensus about the framework in which the development of the GIS needs to take place. On both national and international levels a framework has to be established which supports competition, encourages private investment, supports flexible regulatory framework and allows for open access to networks. Recently this dominant scenario has been transposed as the appropriate scenario for the development of Information Infrastructures in the developing world. This article sets out to give an overview of GIS policy in a developmental context. It elaborates on recent policy initiatives in the area. At the international level it critically analyses changes in the communications industries and in the global economy. At the national level it critically analyses the assumptions of the dominant scenario and its proposed strategy for achieveing the GIS.     

Partner similarity for self-reported antisocial behaviour among married,cohabiting and dating couples: the Generation R Study

Abstract

From a criminological perspective, romantic relationships are supposed to decrease the risk of antisocial behaviour (Laub, Nagin, & Sampson, American Sociological Review, 63, 225–238, 1998). However, the effects of these relationships probably depend on the romantic partner's behaviour. In the current study we examined partner similarity for antisocial behaviour in an ethnically heterogeneous community sample of 4135 married, cohabiting and dating couples from Rotterdam, the Netherlands, using self-reports. Spousal correlations were consistently positive for antisocial behaviour but differed in strength according to the type of antisocial behaviour. Associations between spouses remained strong after adjusting for age and educational level depending on the type of antisocial behaviour. In addition, antisocial behaviour was positively associated between partners across marital status and ethnicity, but the strength of this association varied to some extent. Results are discussed in light of the phenotypic assortment, the socialization and the social homogamy hypotheses.     

Why does bureaucratic corruption occur in the EU?

Why does bureaucratic corruption occur in the EU system? Several examples suggest that bureaucratic corruption exists and that the Commission’s anti-fraud agency, OLAF, is not a fully independent authority. We thus develop a novel interpretation of the principal-supervisor-agent model to cope with non-independent anti-fraud units. This model shows that corruption is likely to occur when the expected value to the client from bribing the agent is larger than the expected value to the principal of truth-telling by the supervisor. Overall, this analysis points to the risks of flawed incentives and the lack of institutional independence among principal, agent, supervisor and client. Our main policy recommendations as a result of these findings are that OLAF should be placed outside the Commission, and that whistleblowers should receive adequate protection.     

Fathers’ patenting behavior and the propensity of offspring to patent: an intergenerational analysis

In this paper we show that the patenting behavior of innovators is correlated with the patenting behavior of their fathers. Our argument for exploring this relationship stems from established theories of entrepreneurial behavior, specifically theories on intergenerational behavior. Our empirical analyses are based on survey data collected from MIT’s Technology Review (TR) winners.     

How Can the European Union Contribute to a COP-6 Agreement? An Overview for Policy Makers

During the 6th Conference of Parties (COP-6) in The Hague, the Netherlands, November 2000, crucial progress on a number of outstanding issues related to the Kyoto Protocol will have to be made to open the way for its early ratification, if not to save it from complete failure. Given the present lack of internal US political support for the Kyoto Protocol, the EU may play a pivotal role in making the Kyoto Protocol agreement a reality even without initial ratification of the US, if its able to provide sufficient leadership. In this overview article we discuss the main issues under negotiation, the problems of finding agreement and opportunities for the EU to catalyse a compromise agreement at COP-6, building on key scientific papers as included in this issue and discussions at the European Forum on Integrated Environmental Assessment Climate Policy Workshop in Amsterdam. Key elements are the inclusion of sinks, the use of the Kyoto Protocol mechanisms as a supplement to domestic action and the international compliance system. Domestic implementation of climate policy is a major factor for the EU's credibility.     

Barriers Inhibiting Industry from Partnering with Universities: Evidence from the Advanced Technology Program

This paper describes a small, unique set of project data that was assembled as part of a larger study on universities as research partners. Herein, we summarize, to the extent possible, our interpretation of what the project data reveal about barriers, intellectual property (IP) concerns in particular, inhibiting industry from partnering with universities.