Development without Destruction: The UN and Global Resource Management

Netherlands International Law Review -     

The Precautionary Principle: A Thrill Ride on the Roller Coaster of Energy and Climate Law

The International Energy Agency has reported that, in 2007, fossil fuels were the source of 66% of global energy production, while the Intergovernmental Panel on Climate Change has found that 60% of all anthropogenic greenhouse gas emissions in 2004 were carbon dioxide emissions from the stationary energy sector. This article relies on recent case law in Australia to assess the extent to which the precautionary principle is a relevant consideration for development consent authorities determining applications for energy-generation facilities, including coal-fired power stations, coal mines, wind farms and uranium mines. What emerges is that there is really no certainty that the precautionary principle will be applied consistently by Australian courts to determine the legal responsibilities of decision makers assessing energy projects. In this sense, the precautionary principle has taken a thrill ride on the roller coaster of energy and climate law in Australia .     

The meaning of anger for Australian Indigenous offenders: the significance of context

The problem of overrepresentation of Indigenous offenders in Australian prisons highlights the need for effective tertiary intervention programs within correctional settings as a way of reducing Indigenous reincarceration. This study seeks to explore meanings of anger within an Indigenous context that might inform the development of more acceptable and potentially more effective rehabilitation programs. A methodology that acknowledges the importance of narrative, context, and culture was devised to explore how anger as an emotion is understood and experienced by a group of Indigenous men in a South Australian prison. Although some of the major themes reflected experiences of anger common to many offenders, it was evident that for these Indigenous men, anger was experienced within a broad social and political context that imbued the experience of anger with layers of culturally specific meaning. It is suggested that these layers of meaning constitute sufficient difference to warrant further exploration.     

Is it time for a progress report on violence against women in Ghana?

Ghana, like many African countries, continues to grapple with domestic violence issues. Ghana's 1992 Constitution mandates provisions that should eradicate the scourge of violence against women and children. In this paper, two main questions are asked. First, will the 1992 Constitution ultimately lead to victories over discrimination and violence against Ghanaian women? Second, has progress been made in eradicating violence against women in Ghana to date? In that regard, have governmental and non-governmental organizations supported Ghanaian women to arrive at relative stability, empowerment and freedom from violence? Progress thus far is encouraging. Presently, there are several holistic or organic approaches being used to combat domestic violence in Ghana. however, an epidemiological examination of custom and a psychosocial approach towards domestic violence may facilitate permanent meaningful solutions.     

Breaking up Is Hard to Do: The Dissolution of Judicial Supervision of Public Services

Public services in many states have been placed under federal court supervision. In our 1991 PAR article, we examined the implications of the federal judicial decisions in supervising the Kansas City Metropolitan School District for the "new triumviate" governing public services—public officials, legislators, and judges. In this article, we examine judicial decisions affecting the same school district a decade later to reveal the impact of judicial supervision on the school district and to discern the implications for policy termination. We find that, once begun, judicially mandated federal court supervision of public institutions is not readily terminated, even pursuant to the wishes of the United States Supreme Court.     

Prospective Links Between Ethnic Socialization,Ethnic and American Identity,and Well-Being Among Asian-American Adolescents

Ethnic socialization and ethnic identity have been related to positive outcomes, but little research has examined these associations longitudinally. This three-wave study prospectively linked socialization messages at Time 1, ethnic identity and American identity at Time 2, and self-esteem and depressive symptoms at Time 3 in 147 (58 % female; 25 % first-generation) Asian-American adolescents. The results indicated positive links between cultural socialization messages and ethnic and American identity, though the latter association was significant only for females. Ethnic identity was positively related to self-esteem, and mediated the positive effect of cultural socialization on self-esteem. The promotion of mistrust was positively linked to self-esteem and negatively related to ethnic identity, though this latter association was significant for foreign-born youth only. Our findings highlight the importance of elucidating prospective links in identity development, and examining gender and generational differences within them.