Desordre Public International under the New York Convention: Wither Truly International Public Policy

Much confusion has revolved around the nature of the publicpolicy defense under Article V(2)(b) of United Nations Conventionon the Recognition and Enforcement of Arbitral Awards (the NewYork Convention) to the point that the French term for publicpolicy, ordre public, ought to be changed to désordrepublic to reflect the general disorder in the discourse on thisparticular subject. This article takes an in-depth look at thepublic policy defense and challenges the notion that enforcementStates are obliged to consider supranational public policy whendeciding whether to recognize or enforce an international arbitralaward, except in only a few cases where certain regional obligationsare involved. Even then, this is not the type of truly internationalpublic policy that is advocated by numerous commentators. Nonetheless,States are free to rely on truly international public policywhen deciding on enforcement. Despite the perceived benefitsto relying on truly international public policy, there are significantreasons to refrain from pushing for such reliance. While relianceon truly international public policy may help mitigate someof the adverse side effects associated with globalization, itis important to ask what is the price we are willing to payto counter these side effects. The price should not be the emasculationof the New York Convention itself.     

Reactions of Boys and Girls to Sexual Abuse and to Sexual Encounters with Peers

Journal of Youth and Adolescence - To understand the etiology and consequences of child sexual abuse it is important to study the victims’ subjective reactions to such incidents. Because...     

Pay for Success: Diffusion of Policy Innovation for Social and Economic Stability

Across the United States, communities struggle with numerous social and environmental issues, while the funding to address these issues continues to diminish. Therefore, actors inside and outside of government are seeking new policy solutions to persistent social problems. Significant hurdles to new policies exist, however, including a lack of funding and a reluctance to take on the risks inherent in implementing new programs. A recent innovation in the policy sphere, pay‐for‐success (PFS) financing, has been able to overcome these hurdles. Policy innovation does not come easily, though, and change within government is often slow and methodical. What catalyzes jurisdictions to engage with PFS? By developing an understanding of the mechanisms and processes of PFS, diffusion scholars and practitioners can facilitate innovation within jurisdictions. Such innovation, which the federal government has an opportunity to facilitate, is necessary to shift business‐as‐usual service provision and enable greater social, environmental, and economic stability.     

Continuities in the Prediction of Human Trafficking: A Research Note

The stated purposes of this paper are twofold: 1) to build upon Bales’ (2007) earlier paper regarding the factors that predict human trafficking by adding transit countries to the analysis, which included origin and destination countries; and, 2) to demonstrate the efficacy of using the Global Programme Against Trafficking (GPAT) database sponsored by the United Nations Office on Drugs and Crime (UNODC) in ongoing trafficking research, especially when the country is the unit of analysis. Bales (2007) and this research used different sets of measures, with some overlap. So it was not surprising that the results were mixed. Both Bales (2007) and this study identified governmental corruption and the percentage of the population under fourteen years of age as the two top predictors of trafficking from a country. This study identified the percentage of the population under fourteen as the primary predictor of trafficking through transit countries, a category Bales did not include in his study. Bales reported that the proportion of the country's population over 60 years old and corruption were the two strongest predictors of trafficking to a destination country. By way of contrast, this study found that the Human Development Index and the total population measure were the strongest predictors of trafficking to a destination country. Overall this study suggested the need to conduct more research with the data currently available in sources like the GPAT before making global policy recommendations.