The role of prosecutorial independence and prosecutorial accountability in domestic human rights trials

A prosecutorial organ is always in charge of the investigation and prosecution of crime, which makes this institution a key gatekeeper to the courts. Empowered with prosecutorial discretion, a prosecutorial organ dictates what, when, and whom to prosecute. The institutional design of the prosecutorial organ varies across time and across countries, which raises an important, yet quite understudied question: Does institutional design matter for how states respond to human rights violations and, if so, how? In this article, I develop a theoretical framework that highlights the importance of prosecutorial independence and prosecutorial accountability. I argue that understanding the factors that impact the use of prosecutorial discretion in human rights cases can potentially provide a more complete understanding of why and when states fail to investigate, to prosecute, and to punish human rights violations committed by state agents.     

Acute arsenic poisoning: clinical, toxicological, histopathological, and forensic features

This report describes a suicide case by acute arsenic intoxication via intravenous injection. A 30-year-old woman injected arsenic As (V) (sodium arseniate disodique: Disodium Hydrogena Arsenik RP) in a successful suicide attempt. Three hours following administration, the woman developed severe digestive symptoms. She was admitted to a hospital and transferred to the intensive care unit within 12 h of the massive administration of arsenic. Despite therapeutic efforts, over the next 2 h she developed multiorgan failure and died. A postmortem examination was performed. Pulmonary edema and congestion of liver were apparent. As (V) and As (III) were determined by high performance liquid chromatography and inductively coupled plasma mass spectrometry after mineralization of samples by concentrated nitric acid. Toxicological analysis revealed high concentrations of arsenic in biological fluids as well as in organs. Histopathological examination showed a typical indication of myocarditis. These findings were in agreement with acute arsenic poisoning. The symptoms developed by this young woman (intoxication by intravenous administration) were comparable to oral intoxication. The clinical signs, survival time, and administration type are discussed in light of the literature on acute and chronic arsenic poisoning.     

Laryngeal teflonoma identified by Fourier-transform infrared microspectroscopy after forensic autopsy: an interesting tool for foreign material identification in forensic cases

Forensic pathologists are sometimes confronted with microscopic foreign bodies mixed in with soft tissues surrounding wounds and which are thus difficult to identify. This identification, however, could be primordial in investigating a crime and in determining the weapon used. A case of a fatal respiratory distress syndrome due to conjoining suicidal drug intoxication and laryngeal obstruction by a voluminous foreign body giant cell granuloma is presented. The classical histological examination showed exogenous particles in the vocal cord tumor with birefringent qualities. Their analysis with Fourier-Transform infrared (FTIR) spectrometry coupled with infrared microscope allows the determination of their chemical nature as polytetrafluoroethylene and to the diagnosis of teflonoma. This case report put the emphasis on the forensic interest of the FTIR imaging.     

La répartition du pouvoir de. décision dans ľadministration pubhque: ľapport de la théone de ľorganisation

Sommaire. Dans une première partie, cet article donne un compte rendu des différents concepts reliés au problème de la répartition du pouvoir de décision dans les organisations. ?auteur distingue trois niveaux: la répartition du pouvoir de décision dans les systèmes ?organisations; la répartition du pouvoir de décision au sein ?une organisation; et la participation des employés et des usagers à la prise de décision. La seconde partie discute du degré de centralisation du pouvoir de décision dans ?administration publique. On y traite du pouvoir des organismes gouvernementaux, de la délégation du pouvoir de décision dans les administrations publiques et de ?autonomie des employés. En conclusion, ?auteur discute de la nécessité de décentraliser la prise de décision dans ?administration publique et des conditions nécessaires au succès ?une telle expérience. Abstract. The first part of this paper reviews the many concepts related to the problem of the distribution of decision-making power in organizations. The author distinguishes three levels of analysis: the distribution of decision-making power in systems of organizations; the distribution of decision-making power within an organization; and the participation of employees and clients in the decision-making process. The second part addresses the question of the degree of centralization of decision-making power in the public sector. The author focuses on three aspects: the power of governmental organizations, the delegation of decisionmaking authority in public organizations, and the employees' autonomy. In conclusion, the author discusses the necessity to decentralize the decisionmaking process in the public sector and reviews the conditions under which such an experience could be successful.     

Weber Reading Stammler: What Horizons for the Sociology of Law?

This article asks whether the two studies by Max Weber that form his Critique of Stammler are by now only marginal to a study of Weber's work, of historical interest only, given that Rudolf Stammler has long since been relegated to almost complete obscurity. Or could they still lead to a better understanding of the thought of Max Weber? This article argues that the Critique of Stammler offers a still‐relevant contribution to sociological reflection, particularly about law, and valuable guidance for distinguishing normative legal orders from empirical ones, and measuring the causal influence of the former on the latter.     

Flexibility in the implementation of intellectual property rights in agricultural biotechnology

In this paper I discuss the fact that economists define optimal IP rights as a continuum of options in three dimensions: height, breadth and length. At the operational level we see the impossibility of multiplying rights indefinitely (due to prohibitive transaction costs), as well as the use of a limited number of IP tools which have led to the implementation of flexibilities. These flexibilities are designed to limit certain perverse effects of rights ill-adjusted to the characteristics of some economic sectors (agricultural biotechnologies, pharmacy, etc.). In this context, I analyse how these flexibilities are implemented in TRIPS and TRIPS+ agreements and I study the consequences for Developing Countries.     

Europe wrestling with technology

Postmodernism is currently being debated as if it were a panacea for a range of cultural, political and theoretical ills. This paper argues that postmodernism has possibilities, but that these possibilities are far fewer than either its proponents hope or its opponents fear. Moreover, the paper argues that far too many contributions to debates about postmodernism - both pro and anti - are very careless about the way they construct the politics of postmodernism.     

The age at marriage of migrants during the industrial revolution in the region of liège

The article examines the cities and towns in the Liège region during industrialization in the ninteenth century, focusing on the relationship between marriage, migration, and entry of people into urban areas. The average age at marriage was higher for in-migrants than for natives, but so was the intensity of nuptiality. Thus, the average age at marriage is not the sole statistic through which to approach questions about the socio-demographic consequences of arrival into town. Towns had several, seemingly closed, marriage markets, and it is important to pay attention to differential behaviors by taking this fact into account. Moreover, in-migration to an industrial city created opportunities to contract marriage, for women as well as men. Sometimes marriages occurred in the village, and were contracted to escape the old system and to prepare for the migration to the city of the young couple. Structural as well as life-course approaches must be combined for a thorough understanding of migration to industrializing cities.

Migrations and marriage: a survey

In numerous studies about the relationships between economic growth and demographic expansion, the dyad “migration-marriage” plays a classical role. In his famous thesis on the Austrasian basin, Wrigley (1961)(p. 133) pointed out the high level of overall fertility in industrial regions. Haines (1979)(pp. 245–247) proposed a complex of explanations that linked economic structure, a sex-differentiated pattern of migration, the structure of the matrimonial market, the potential contribution of women and children to the family economy, and differential in infant and child mortality according to occupation. While Haines's study was focused on populations engaged in mining and heavy industry, Desama (1985)(pp. 97–100, 265) analyzed the case of a textile town and concentrated on the effects of changes in age and sex structures on nuptiality. In the wool city of Verviers during the first part of the nineteenth century, the intensity and timing of marriage were negatively affected by migration flows dominated by young women, with the consequence that the total fertility rate declines as immigration grew. Working on nineteenth century English communities, Ben Moshe and Friedlander (1986) systematized these approaches, and concluded that socioeconomic factors remained more important than cultural ones.