Legal Basis and Scope of the Human Rights Clauses in EC Bilateral Agreements: Any Room for Positive Interpretation?

It is well known nowadays that the European Community includes a so-called human rights clause into the framework agreements that it concludes with third countries. It is also widely recognised that, in virtue of the relevant provisions of the Vienna Convention on the Law of the Treaties, such a clause grants the Community a right to suspend the agreement should human rights and/or democratic principles be breached. The question to be explored in the present paper is whether, in the light of its legal basis, the clause fulfils a mere 'negative' or 'sanctioning' function or, by contrast, there is room for the pursuit of positive measures of active promotion of human rights—that is the granting of technical and financial aid. It is argued here that the clauses present an ideal starting point for the pursuit of a comprehensive human rights policy at the EU level. Such a policy should encompass positive measures in the first place, systematic dialogue in the second, and suspension or negative measures of less extent only as ultima ratio in particularly grave cases which cannot be addressed through ordinary (dialogue and aid) routes.     

Learning Pain: Poetry in Emotion

This paper asks the question; is a poetic response to law and suffering legitimate? It reflects upon Robert Duncan's poem Persephone and imagines the (dis)connections between law, literature and poetry. It muses upon the “Trauma” of the poem and the “wound” considered in the context of both public and private law and considers the politics of sentimentality, dominant within the political agenda of the 21st century. The article uses the poem as a lens which reveals that the law fails to address the question of suffering as the wound of the poem is used by the poet as a pedagogical argument to teach us about loss.

     

Beyond contestation: conceptualizing negotiation in democracy promotion

ABSTRACT

This article presents an analytical framework that guides the contributions to this special issue and, in general terms, aims at enabling a systematic investigation of processes of negotiation in the international promotion of democracy. It first briefly introduces the rationale for studying democracy promotion negotiation, offers a definition, and locates the general approach within the academic literature, bringing together different strands of research, namely studies of negotiation in international relations as well as research on democratization and democracy promotion. The larger part of the article then discusses key concepts, analytical distinctions and theoretical propositions along the lines of the three research questions that are identified in the introduction to this special issue. More specifically, the article (1) offers a typology that facilitates a systematic empirical analysis of the issues that are discussed in democracy promotion negotiations; (2) takes initial steps towards a causal theory of democracy promotion negotiation by identifying and discussing a set of parameters that can be expected to shape such negotiations; and (3) introduces key distinctions and dimensions that help guide empirical research on the output and outcome of negotiations in democracy promotion.     

International Trends in Prison Upsizing and Downsizing: In Search of Evidence of a Global Rehabilitation Revolution

Abstract

Our review of global trends in the use of incarceration reveals that both the number of people incarcerated worldwide and the global rate of incarceration continue to increase in every global region. In addition, there have been sizable global increases in the use of pretrial detention, the proportion of female prisoners, the proportion of foreign prisoners, prison privatization, and prison crowding. After reviewing these global trends, we examine the available data on correctional performance, focusing on global crime trends in the subgroup of countries (n = 20) where three-quarters of the world’s prison population is currently located. While most (17/20) of these countries continued to increase their prison population despite decreases in most crime categories, three countries—the Russian Federation, South Africa, and Pakistan—have reduced their reliance on incarceration (number and rate) while also reducing their crime rates. Compared to other countries with large prison populations, the United States’ overall increase in both the prison population (+14.4% since 2000) and incarceration rate (+2.2) can be described as modest. Our review of global trends in corrections and sentencing policy reforms revealed an emerging focus on offender rehabilitation in both prison and community corrections settings and a growing recognition of the link between community development and crime. Focusing on the potential impact of rehabilitation-rich policy reforms in the United States, we highlight the results of a recent simulation modeling study (Taxman & Pattavina, 2013 Pattavina, A., & Taxman, F. S. (2013). Using discrete-event simulation modeling to estimate the impact of RNR program implementation on recidivism levels. In F. S. Taxman & A. Pattavina (Eds.), Simulation strategies to reduce recidivism (pp. 267–281). New York, NY: Springer.[Crossref] , [Google Scholar]) designed to estimate the impact of expanding our institutional corrections treatment infrastructure. This study reported significant, but relatively small, long-term reductions in prison populations when treatment capacity and treatment quality are increased. These findings suggest that even major improvement in the quantity and quality of prison programming—by itself—will not fundamentally change the life course of prisoners, resulting in continued high return-to-prison rates for these offenders. We conclude that for the United States to significantly reduce its reliance on incarceration, we will need to rethink our approach to crime and punishment. Our global review of corrections and sentencing strategies identified a number of possibilities. Using the global incarceration rate and the global crime rate as benchmark performance “tipping points,” we call for the development of corrections and sentencing policies—and the hiring of corrections personnel—based on the new goal of corrections: individual and community rehabilitation.     

Legislative production and public spending in France

Public Choice - The aim of this article is to help explain the history of the public spending-to-GDP ratio in France by examining the production of laws and regulations. It empirically finds a...     

An Unusual Suicide Inside a Grave with Two Gunshot Wounds to the Head—The Psychological Approach

Abstract: In this report, the authors present a case of suicide committed by a 66-year-old man, inside a grave at the local cemetery, with two gunshot wounds to the head. A multiple-paged, handwritten suicide note was found in an army type bag inside the victim’s car, while a second one was found in his house. Medicolegal examination of the body revealed two typical contact gunshot entrance wounds and one exit wound to the head. Toxicological analysis of the femoral blood was negative for alcohol and drugs. The history, scene and autopsy findings, along with further police investigation, indicated an obvious case of suicide. The literature is reviewed and discussed. We report this case as the place of suicide is extremely uncommon and as there is no mention of a gunshot suicide inside a grave in the current literature.