Upgrading the ‘software’: The EU–Korea Free Trade Agreement and sociocultural barriers to trade and investment

Abstract

In October 2010, the European Union (EU) and the Republic of Korea signed a free trade agreement that went into effect in July 2011 and aims to increase levels of bilateral trade and investment by dismantling existing tariff and non-tariff barriers. In this article, we highlight the importance of a third class of barriers: social, cultural and institutional barriers to trade with and investment in Korea that cannot be legislated for under the new agreement but that can serve as ‘hidden stumbling blocks’ to its implementation and effectiveness. We argue that the phenomenon of ‘mismatched globalization’ (in which economic globalization outpaces cultural globalization) is still apparent in Korea, as evidenced by the continuing existence of these ‘soft’ barriers which include, inter alia, the gap between policy and implementation; the lack of predictability, consistency and transparency in the regulatory environment (including IPR protection); education systems; labour militancy; and attitudes towards globalization. These findings resonate with Dent's (2006 Dent, C. M. 2006. New Free Trade Agreements in the Asia-Pacific, Basingstoke: Palgrave Macmillan. [Crossref] , [Google Scholar]) argument that ‘deficient capacity’ in terms of technocracy, industry and/or institutional arrangements can pose problems for developing countries seeking to negotiate and implement bilateral trade agreements with more developed countries. In the case of Korea, the long-term ‘soft’ social, cultural and institutional barriers identified and discussed in this article act as a constraint on the country's institutional capacity functions and thus have the potential to hinder the full and effective implementation of the EU–Korea Free Trade Agreement and reduce the economic benefits that the signatory parties hope to gain from it.     

Political party and party system institutionalization in Southeast Asia: lessons for democratic consolidation in Indonesia,the Philippines and Thailand

Abstract

This article analyses the Kim Dae-jung government's industrial realignment (‘Big Deals’) policy in post-crisis Korea, which offers a valuable insight into the state's role in managing the transition from a developmental state to a free-market economy and into the changing nature of government–business relations. Although Kim was committed to creating a free-market economy in Korea, as the ‘Big Deals’ got under way critics accused him of violating market principles and employing tactics of intervention and coercion used by previous authoritarian regimes. The ‘Big Deals’ experience suggests a further stage in the evolution of the Korean developmental state; the dismantling of state powers and the implementation of neoliberal reforms in the 1990s had led to the emergence of a ‘transformative state’ in which the state acted as ‘senior partner’ rather than ‘commander-in-chief’. The transitional state charged with the task of rebuilding the economy after 1997 regained some of its lost powers and used some familiar methods of achieving its ends. However, it also demonstrated by the nature and scope of its interventions that it was gradually evolving and adapting to meet the changing economic environment. Although Kim's actions prompted allegations from the chaebol and their conservative allies of a return to autocratic economic management by the government, it was clear that the developmental state had not been resurrected. Rather, these criticisms serve to highlight the continuing antagonism in the state–business relationship; neither side had developed new strategies for dealing with each other and their relations were still characterized by mutual mistrust and staunch chaebol resistance to key reforms demanded by the government. Although suspicions of a permanent return to extensive state intervention were unfounded, they nevertheless diminished the prospects for the creation of a cooperative relationship between the state and big business that would be a crucial factor in revitalizing the Korean economy.     

Relationship of School Context to Rural Youth’s Educational Achievement and Aspirations

Though the poverty encountered by many rural youth encompasses numerous developmental challenges and substantially increases the chances for educational problems, the school context is central to promoting and constraining their development. Therefore, the purpose of this study was to investigate the relationship of school characteristics and schooling experiences to the educational achievement and aspirations of youth from high-poverty rural communities. Differences in the relationship of school characteristics and schooling experiences to the educational outcomes of students from high- versus low-poverty rural communities were also examined. Participants included 6,247 high school students from 43 low-poverty and 21 high-poverty rural communities. Approximately 51.7% of participants were female and the sample was racially/ethnically diverse (66.4% White, 9.2% African American, 8.1% Hispanic/Latino(a), 4.4% Native American, and 11.8% Multiracial). After controlling for student and family background, school characteristics (e.g., lower student–teacher ratio) were predictive of achievement for rural youth from high-poverty communities. Schooling experiences (e.g., positive perceptions of their ability, a sense of school valuing and belonging, and preparation for postsecondary education) were predictive of educational achievement and aspirations for rural youth from high- and low-poverty communities. Overall, the study highlights unique ways schools can positively shape the educational outcomes for rural youth despite community poverty.     

Sociodemographic and diagnostic characteristics of homicidal and nonhomicidal sexual offenders

The aims of this study were to compare the prevalence of psychiatric disorders and "psychopathy" in homicidal and nonhomicidal sexual offenders and to investigate the specificity of previous studies on psychiatric morbidity of a sample of sexual murderers. Information from court reports of 166 homicidal and 56 nonhomicidal sex offenders was evaluated using standardized instruments (SCID-II, PCL-R) and classification systems (DSM-IV). Sexual murderers were diagnosed more often with a personality disorder (80.1% vs. 50%; p < 0.001), especially schizoid personality disorder (16.3% vs. 5.4%; p < 0.05), as well as with sexual sadism (36.7% vs. 8.9%; p < 0.001) and sexual dysfunctions (21.7% vs. 7.1%; p < 0.05). Additionally, they had more often used alcohol during the offense (63.2% vs. 41%; p < 0.05). The results indicate that sexual murderers have more and a greater variety of psychiatric disorders when compared to nonhomicidal sex offenders.     

“IF I COULD TELL THE JUDGE SOMETHING ABOUT ATTACHMENT. . . .” PERSPECTIVES ON ATTACHMENT THEORY IN THE FAMILY LAW COURTROOM

This article gathers diverse attachment specialists in a far reaching conversation about the utility of attachment assessment and theory for complex family law decision making, and reflections on the thorny question, “If I were the judge . . .?” Inge Bretherton, Professor Emerita, Developmental Psychology at Wisconsin University, is one of a few attachment researchers in the Bowlby/Ainsworth tradition to have completed studies in the divorce field. Seligman, a psychoanalyst and clinical psychologist, Solomon, a clinical psychologist and researcher, and Crowell, professor of psychiatry and psychology, take on some large controversies, and offer well over 100 years combined experience of applying attachment knowledge in complex family matters.     

The CSI effect and the Canadian and the Australian Jury

Television shows, such as CBS's CSI and its spin-offs CSI: Miami; CSI: Las Vegas; and CSI: New York, have sparked the imagination of thousands of viewers who want to become forensic scientists. The shows' fictional portrayals of crime scene investigations have prompted fears that jurors will demand DNA and other forensic evidence before they will convict, and have unrealistic expectations of that evidence. This has been dubbed the "CSI effect." This phenomenon was explored using results from a Canadian study based on 605 surveys of Canadian college students who would be considered jury-eligible and Australian quantitative and qualitative findings from a study that surveyed and interviewed real posttrial jurors. Information about the way jurors deal with forensic evidence in the context of other evidence and feedback about the way in which understanding such evidence could be increased were gained from both these studies. The comparison provides insights into the knowledge base of jurors, permitting adaptation of methods of presenting forensic information by lawyers and experts in court, based on evidence rather than folklore. While the Canadian juror data showed statistically significant findings that jurors are clearly influenced in their treatment of some forensic evidence by their television-viewing habits, reassuringly, no support was found in either study for the operation of a detrimental CSI effect as defined above. In the Australian study, in fact, support was found for the proposition that jurors assess forensic evidence in a balanced and thoughtful manner.     

Performance Testing of the New AMPAC Fire Debris Bag Against Three Other Commercial Fire Debris Bags(*)

Abstract: Fire debris evidence is collected and stored in a wide range of containers, including various polymer bags. Four different polymer bags have been investigated, including the NYLON, DUO, ALU, and AMPAC bags. The latter is the successor of the Kapak Fire DebrisPAK^?. Microscopy and infrared spectroscopy were used to elucidate the composition of the bags. Gas chromatography/mass spectrometry was used to investigate performance parameters such as background volatiles, leak rate, cross‐contamination, recovery, and sorption. The NYLON bag was susceptible for leakage and cross‐contamination and showed decreased recoveries. The DUO and ALU bags showed some background volatiles, sorption, and poor recoveries. The AMPAC bag performed excellent: low background, no leakage or cross‐contamination, good recoveries, and only traces of sorption. Heat sealing proved to be the best method of closure. Preliminary studies on AMPAC bags showed that polyethylene clamps are easy to use on‐site and preserve ignitable liquids adequately for a limited period of time.     

Neurobiological determinism: human freedom of choice and criminal responsibility

Several authors have argued that criminal behavior is generally caused by neurobiological deficits. This assumption not only questions the concept of free will and a person's responsibility for his or her own actions but also the principle of guilt in criminal law. When critically examining the current state of research, it becomes apparent that the results are not sufficient to support the existence of a universally valid neurobiological causality of criminal behavior. Moreover, the assumption of total neurobiological determination of human behavior and the impossibility of individual responsibility are characterized by both faulty empiricism and methodical misconceptions. The principle of relative determinism and the analysis of the offender's behavior at the time of the offense thus remain the central and cogent approach to the assessment of criminal responsibility.