THE FORGOTTEN BONDS: THE ASSESSMENT AND CONTEMPLATION OF SIBLING ATTACHMENT IN DIVORCE AND PARENTAL SEPARATION

Attachment theory is increasingly being considered when contemplating post‐divorce parenting plans. Historically, there has been a strong emphasis on assessing the strength of the parent‐child bond as well as a child's attachment style. Surprisingly little research has focused on sibling bonds and the implications for post‐divorce parenting plans. This article provides an overview of sibling attachment theory, sibling attachment considerations in foster care decisions, and the limited research examining sibling attachment in divorce and parenting schedules. Several key questions are offered for mental health and legal professionals to consider when factoring sibling relations into post‐separation parenting plans.     

The neurological determination of death: what does it really mean?

The recent Canadian forum's recommendations regarding "neurological determination of death" claim to have determined a "Canadian definition, criteria, and minimum testing requirements for neurological determination of death." In this review the problems with this statement are discussed. The criterion of neurological determination of death does not fulfill the definition of death, because there is continued integration of the organism as a whole. The tests for neurological determination of death do not fulfill the criterion of neurological determination of death because they do not show the irreversible loss of all critical brain functions. The forum has provided no coherent argument for why neurological determination of death should be considered death. I suggest that one cannot invoke expert opinion to clarify a criterion of death, and tests for this criterion of death, without a clear concept of what death is. The forum has clarified tests for what they call "neurological determination of death," but this is not death itself; rather, it is a neurologically devastating state. Whether this state of "neurological determination of death" is enough to justify the morality of harvesting organs prior to death is the real question. A potential solution to this question is discussed.     

Parallel Proceedings in Investor‐State Treaty Arbitration: Responses for Treaty‐Drafters,Arbitrators and Parties

Parallel investment treaty arbitrations present a demonstrated risk of inconsistent awards. This article examines several ameliorative responses to parallel investment treaty proceedings, executable by treaty‐drafters, arbitrators and parties themselves. The unique jurisdiction mechanics and applicable law in investment treaty disputes frames the responses available. Despite the unique context within which parallel investment arbitrations occur, the challenges they pose to party interests, to principles including legal fairness and to the effective pursuit of dispute resolution closely resemble those posed by parallel proceedings in other domestic and international legal fora.     

REPRESENTATION DISPARITIES AND IMPARTIALITY: AN EMPIRICAL ANALYSIS OF PARTY PERCEPTION OF FEAR,PREPARATION, AND SATISFACTION IN DIVORCE MEDIATION WHEN ONLY ONE PARTY HAS COUNSEL

While other authors have regarded both the presence and the absence of attorneys in family law mediation as cause for concern, little attention has been given to the questions raised when one party is represented and the other is pro se. This article presents data on mediating parties' premediation concerns, fears, and feelings of preparedness, as well as their postmediation satisfaction with the mediation process. The mediating parties are grouped based on each couple's representation status, for example, both represented by attorneys, both pro se, or one attorney‐represented party and one pro se party (mixed representation cases). The data show that mixed representation cases are the most likely to report concern, fear, and unpreparedness. Mixed‐representation cases also reported the lowest levels of satisfaction after the mediation. Some implications for mediation practice are discussed, as are suggestions for future research.     

Long Live Democracy: The Determinants of Political Instability in Latin America

We investigate the underlying causes of political instability in a panel of 18 Latin American countries from 1971–2000. We test whether regime type, regime durability, factionalism, income inequality, ethnic diversity, ethnic discrimination, regional spillover effects, urban growth and macroeconomic variables matter for instability. We find several important results: (1) democracy has a significant negative effect on instability that is robust to several alternative specifications; (2) factionalised political systems experience higher instability; (3) income inequality, ethnic fractionalisation, and urban growth have important nonlinear effects on instability; and (4) of the macroeconomic variables we study, only openness to trade has a significant negative effect on instability.     

Books received

Dependency under Challenge: The Political Economy of the Commonwealth Caribbean. Edited by Anthony Payne and Paul Sutton. Manchester: Manchester University Press, 1984. Pp.xii + 294. £25. ISBN 0 7190 0970 7.

The International Crisis in the Caribbean. By Anthony Payne. London: Croom Helm, 1984. Pp.iii + 177. £14.95. ISBN 0 7099 2052 0.

Grenada: Revolution and Invasion. By Anthony Payne, Paul Sutton and Tony Thorndike. London: Croom Helm, 1984. Pp.x + 233. £17.95. ISBN 0 7099 2080 6.

The Three Worlds: Culture and World Development. By Peter Worsley. London: Weidenfeld &; Nicolson, 1984. Pp.xiv + 409. £16.95 and £8.95. ISBN 0 297 783467 and 78356 4.

Agriculture, Poverty and Freedom in Developing Countries. By Eric Clayton. London: Macmillan, 1984. Pp.x + 277. £15 and £6.95. ISBN 0 333 36100 8 and 36101 6.

Understanding Green Revolutions: Agrarian Change and Development Planning in South Asia. Edited by Tim P. Bayliss‐Smith and Sudhir Wanmali. Cambridge: Cambridge University Press, 1984. Pp. x + 384. £30/$59.50. ISBN 0 521 24942 2.

Kritsman and the Agrarian Marxists. Edited by Terry Cox and Gary Littlejohn. London: Frank Cass, 1984. Pp. 149. £18.50. ISBN 0 7146 3237 6.

The Defense of Community in Peru's Central Highlands: Peasant Struggle and Capitalist Transition, 1860–1940. By Florencia E. Mallon. Princeton, NJ: Princeton University Press, 1983. Pp. xiv + 384. £28.20 and £12.60. ISBN 0 691 07647 2 and 10140; X.

Miners, Peasants and Entrepreneurs: Regional Development in the Central Highlands of Peru. By Norman Long and Bryan Roberts. Cambridge: Cambridge University Press, 1984. Pp.x + 288. £25. ISBN 0 521 24809 4.

The New Bourgeoisie and the Limits of Dependency: Mining, Class and Power in ‘Revolutionary’ Peru. By David G. Becker. Princeton, NJ: Princeton University Press, 1983. Pp.xxviii + 368. £30.20 and £8.60. ISBN 0 691 07645 6 and 0 691 02213 5.

The Pharmaceutical Industry and Dependency in the Third World. By Gary Gereffi. Princeton, NJ: Princeton University Press, 1983. Pp.xiii + 292. £21.60 and £8.65. IBSN 0 691 09401 2 and 02828 1.

Law and Policy of Producers’ Associations. By D.E. Pollard. Oxford: Clarendon Press, 1984. Pp.xii + 372. £30. ISBN 0 19 825480 6.

Inequalising Trade? A Study of Traditional North/South Specialisation in the Context of Terms of Trade Concepts. By John Spraos. Oxford: Clarendon Press in cooperation with UNCTAD, 1983. Pp.ix + 169. £15. ISBN 0 19 828458 6.

Reality and Rhetoric: Studies in the Economics of Development. By P. T. Bauer. London: Weidenfeld &; Nicolson, 1984. Pp.viii + 184. £11.95. ISBN 0 297 78335 1.

Critique and Anti‐Critique: Essays on Dependence and Reformism. By Andre Gunder Frank. London: Macmillan, 1984. Pp.xiii + 336. £20 and £7.95. ISBN 0333 37122 4 and 37123 2.

Participation of the Poor in Development. Edited by Benno Galjart and Dieke Buijs. Leiden: Leiden Development Studies No.2, 1982. Pp.325. NP.

Studies in Rural Participation. Edited by Amit Bhaduri and Md. Anisur Rahman. New Delhi: Oxford &; IBH Publishing Co., 1982. Pp. vii + 229. Rs.85.

Evaluating Population Programs: International Experience with Cost‐effective Analysis and Cost‐benefit Analysis. Edited by Ismail Sirageldin, David Salkever and Richard W. Osborn. London: Croom Helm; New York: St. Martin's Press, 1983. Pp.xxxi + 534. £19.95. ISBN 0 7099 2393 7.

Development Planning Models. Edited by S. Bhagwan Dahiya. 2 vols. New Delhi: Inter‐India Publications, 1982. Pp.xxiv + 392 + xxiv + 270. $60 the set.

Appropriate Products, Employment and Technology: Case‐Studies on Consumer Choice and Basic Needs in Developing Countries. Edited by Wouter van Ginneken and Christopher Baron. London: Macmillan, 1984. Pp. xi + 260. £25. ISBN 0 333 35302 1.

Education and Income Determination in Kenya. By Arne Bigsten. Aldershot, Hants: Gower, 1984. Pp.vii + 156. £14.50. ISBN 0 566 00703 7.

The Impending Crisis in Kenya: The Case for Land Reform. By Diana Hunt. Aldershot, Hants: Gower, 1984. Pp.viii + 314. £17.50. ISBN 0 566 00713 4.

Ibn Khaldun: The Birth of History and the Past of the Third World. By Yves Lacoste. London: New Left Books and Verso, 1984. Pp. 214. £20 and £5.95. ISBN 0 86091 084 9 and 789 4.     

Review essay: Minerva's ‘owl dizzy with success’

Richard H. Ullman (ed.) The World and Yugoslavia's Wars (NY: Council of Foreign Relations Book, 1996). Pp.230, index $18.95. ISBN 0–8760–191–5.     

The Missing Witness? George V,Competence, Compellability and the Criminal Libel Trial of Edward Frederick Mylius

A criminal libel trial in 1911 set the monarch against one of his subjects. Edward Mylius repeated a rumour that accused King George V of marrying Queen Mary when – secretly – the King had previously married someone else and had three children. The criminal charge, the process used to bring the issue to court, the advice to the King of the relevant ministers (including Winston Churchill as Home Secretary) and the trial itself stretched the boundaries of fairness. The legacy of the trial created a lingering problem. Can the monarch ever be required to face the direct scrutiny of examination by being required to appear as a witness in his or her own court to support a personal complaint?     

Rousseau's Critique of Representative Sovereignty: Principled or Pragmatic?

In the Social Contract, Jean‐Jacques Rousseau advanced an impassioned critique of representative sovereignty, yet it is often thought that his objections were merely pragmatic and that he did not consider the question of representation to be a matter of basic political right. This article maintains, to the contrary, that Rousseau did have a principled argument against representative sovereignty and elucidates the nature and bearing of that argument by situating it in response to Hobbesian accounts of representation. Rousseau's argument is shown to have far‐reaching implications, as it entails that the existence of representative sovereignty contravenes two principles central to the legitimacy of modern democratic states: the sovereignty of the people and the moral equality of the citizens.