The Generalizability of Police Legitimacy: Procedural Justice,Legitimacy, and Speeding Intention of South Korean Drivers

Asian Journal of Criminology - Empirical support for procedural justice theory in criminology is robust in the developed Western countries, whereas the results are mixed for non-Western or...     

Species identification of Papaver by metabolite profiling

This paper analyses and discusses arguments that emerge from a recent discussion about the proper assessment of the evidential value of correspondences observed between the characteristics of a crime stain and those of a sample from a suspect when (i) this latter individual is found as a result of a database search and (ii) remaining database members are excluded as potential sources (because of different analytical characteristics). Using a graphical probability approach (i.e., Bayesian networks), the paper here intends to clarify that there is no need to (i) introduce a correction factor equal to the size of the searched database (i.e., to reduce a likelihood ratio), nor to (ii) adopt a propositional level not directly related to the suspect matching the crime stain (i.e., a proposition of the kind 'some person in (outside) the database is the source of the crime stain' rather than 'the suspect (some other person) is the source of the crime stain'). The present research thus confirms existing literature on the topic that has repeatedly demonstrated that the latter two requirements (i) and (ii) should not be a cause of concern.     

The Present and Future of The Investor-State Dispute Settlement Paradigm

While the World Trade Organization (WTO) system remains faithfulto the long-standing traditional paradigm of state-to-statedispute resolution, dispute resolution mechanisms in the areaof international investment are undergoing a radical change.Traditionally, the paradigm of ‘diplomatic protection’has served as a basis for the settlement of investment disputesamong states. In earlier commercial agreements, including theFriendship, Commerce, and Navigation Treaties (FCNs) concludedfrom 1940s to 1960s, the resolution of international investmentdisputes took the form of state-to-state dispute resolution.This paradigm shifted in the 1970s when direct investor claims,modelled on treaties that European countries had been puttingforward since 1959, were allowed under a series of bilateralinvestment treaties initiated by the United States. This shifthas been reflected in subsequent efforts to reach a multilateralagreement on investment (MAI) and in many free trade agreements(FTAs). Also, in the area of international human rights law,it is an increasing trend to allow an individual to have directrecourse to international human rights protection bodies, suchas the Human Rights Committee established under the InternationalCovenant on Civil and Political Rights, after the exhaustionof domestic remedies. The allowance of direct claims has helpedto make up for the typical shortcomings of the diplomatic protectionmechanism where, the espousing state has frequently exercisedexcessive discretion in deciding whether to advance claims dueto considerations of a political nature, unrelated to the particularcase, so that this mechanism can increase international friction.On the other hand, the strong point of diplomatic protectionhas been its capacity to screen out frivolous or dishonest claimsby individuals. The question whether various international disputesettlement mechanisms may eventually converge into an effectivesystem based on a direct claim procedure is a vexing one. Itis uncertain whether the model of investor-state dispute settlement(ISDS) can play a pioneering role in this ongoing process. Anypertinent answers to such questions require a thorough comparisonof the benefits and drawbacks of such a development. Lessonsfrom the experiences under the ISDS system and its modificationefforts should be fully taken into account so the newly emergingdispute resolution system will not lead to tension between nationsin an area where precedent is scant, but the need is great.     

RECOGNITION AND ENFORCEMENT OF JUDGMENTS BETWEEN CHINA,JAPAN AND SOUTH KOREA IN THE NEW ERA: SOUTH KOREAN LAW PERSPECTIVE

This article discusses the rules for recognition and enforcement of foreign judgments in the Republic of Korea (hereinafter referred to as “South Korea” or “Korea”). Articles 217 and 217-2 of the Civil Procedure Act of Korea and Articles 26 and 27 of the Civil Enforcement Act of Korea provide for the recognition and enforcement of foreign judgments respectively. Korea has not entered into any bilateral or multilateral treaties regarding the recognition and enforcement of foreign judgments and is not a party to the Convention on Choice of Court Agreements. The article also considers the current undesirable status of recognition and enforcement of judgments in the region consisting of China, Japan and South Korea (hereinafter referred to as “Region”) and suggests a course of action to be taken to improve the situation. The author believes that the experts of the Region should embark upon a project to improve the current situation and that the first step should be to exchange and gather information on the current legal regime of the countries in the Region on the recognition and enforcement of judgments. The author looks forward to future cooperation among the experts in the Region on this topic and is confident that the reciprocity requirement, which currently is a major obstacle to the mutual recognition and enforcement of foreign judgments in the Region, will be overcome in the near future.     

Patterns of victim marginalization in victim-offender mediation: some lessons learned

This article discusses issues that restorative justice programs may face during implementation and lessons learned from an exploratory study. We examined various perspectives of multiple participants who experienced a Victim-Offender Mediation (VOM) program in a mid-sized Midwestern city in the U.S. The primary data source comprised 34 interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators, and representatives from referring agencies. Observations complemented the interview data. Findings revealed patterns of victim marginalization during the processes used: victims were not prepared appropriately; were at times pressured by mediators to behave in certain ways; and, occasionally felt intimidated by offenders and/or their families. We discuss some factors that may have influenced the emergence of these patterns. This study revealed gaps between the guiding principles of restorative justice theory and field practices, particularly sensitivity toward victims to meet their needs. We suggest that restorative justice programs should consider using a monitoring system to ensure that the processes used remain consistent with the values and principles of restorative justice.     

The Adoption and Abandonment of Council‐Manager Government

What accounts for patterns of city adoption and abandonment of council‐manager government? Despite dozens of empirical studies, we lack a systematic understanding of these forces over time because previous work has relied on cross‐sectional designs or analysis of change over short periods. This article begins to fill this lacuna by constructing a historical data set spanning 75 years for the 191 largest cities with either mayor‐council or council‐manager governments in 1930. Event history analysis is applied to isolate adoption and abandonment trends and to provide new evidence revealing the forces that have shaped the trajectory of institutional change in U.S. cities. This analysis reveals that social context factors—in particular, economic conditions—generate both adoptions and abandonments.     

Deliberative Democracy,Rational Participation and e-Voting in South Korea

As information and communications technologies (ICTs) have revolutionised private and public lives in many aspects, to what extent and in what way electronic voting (e-voting) can improve citizens’ electoral participation and deepen democracy has become a critical issue in political science. From the theory of deliberative participatory democracy in conjunction with a rational choice perspective, this article examines the prospect of e-voting in the electoral process in South Korea. Prior experiences in the 2002 presidential election and the 2000 and 2004 general elections in South Korea have shown a meaningful, albeit limited and partial, impact of ICTs on citizens’ election-related information consumption, reshaping of their political stance and beliefs, and voter turnout. This article contends that the premises of e-voting can be attained with a higher degree of probability if the National Election Commission serves as an information gateway, bridges the digital divide, and is ready to provide voters and election officers with necessary and accurate information about voting procedures.     

Correspondence

Abstract

In the preface to each of the eight volumes under review, the general editors of the series express dissatisfaction with the existing literature on south Korean development because of its preoccupation with macroeconomic factors such as “monetary, fiscal and foreign-exchange magnitudes and. . . the underlying policies affecting these magnitudes.” It is for this reason that they propose to undertake an investigation of the elements underlying the remarkable growth of the Korean economy and the distribution of the fruits of that growth, together with the associated changes in society and government; and... the importance of foreign economic assistance, particularly American assistance, in promoting these changes.