Role of Law Put to the Test: The Case of Judicial Rule-Making by Agreement

Netherlands International Law Review -     

Attitudes toward technology and risk: Going beyond what is immediately given

In this paper, perceived risk and attitudes toward technology are considered in a wide contextual perspective. Risk perception data are related to technology and technology attributes, in particular with respect to the possibility of replacing a technology, to the belief that it may have as yet unknown effects, and have effects involving a destructive relationship with Nature. These contextual characteristics of a hazard are shown empirically to add powerful explanatory force to models of risk perception of attitudes toward technology. The risk concept is then further differentiated. Risk as a property of an activity is distinguished from risk as a property of an unwanted consequence (injury), the latter being clearly more important for policy attitudes. It is also found that the operational definition of risk and trust is an important factor in determining the relationship between these two concepts. Detailed study of gene technology and nuclear power showed that these hazards were particularly amenable to mapping with risk perception concepts of the kind applied here. In the case of gene technology it was also found that consumer intentions displayed much the same risk perception dynamics as policy attitudes.     

EU internal security governance: the case of counter-terrorism

There are clear indicators that in spite of the sensitivity of internal security in terms of essential state functions and national sovereignty an EU governance framework with specific characteristics has emerged in the counter-terrorism field. Common threat assessments guide governance responses, and specific institutional structures, cooperation mechanisms, legal instruments, and forms of external action have been put into place to respond to the cross-border nature of the terrorist challenges. However, in line with the general subsidiary role only of the EU as provider of internal security in addition to the Member States, this governance framework remains based on the interaction and cooperation between national counter-terrorist systems and capabilities that remain largely under national control and still enjoy relatively wide margins of discretion in terms of priorities, legal framework, and organization. This analysis concludes that the EU's internal security governance – as evident from the counter-terrorism field – may be best characterized as an advanced institutionalized system of cooperation and coordination between national governance frameworks constructed around a core of common instruments and procedures with a cross-border reach.