Governing international freshwater resources: an analysis of treaty design

International rivers create complex relationships between their riparian states, which can contribute to economic, political, and social losses. Treaties provide a means for states to coordinate their actions in managing international river disputes to minimize these losses. However, there is little knowledge about treaty content and the factors influencing treaty design. We test whether a relationship exists between the challenges of negotiating, complying, and distributing the gains in bilateral, multilateral, and basin-wide negotiation contexts and the depth of cooperation along with the degree of institutionalization. While the great challenges confronting multilateral or basin-wide negotiations can produce treaties that focus on joint gains and shallow cooperation to secure the signature of riparians, we find that they can also provide opportunities for deeper, more behavior-altering, cooperation. To manage the difficulties of maintaining multilateral cooperation, we find a higher degree of institutionalization. We also find that bilateral negotiations provide states with opportunities for deeper cooperation, but a lower degree of institutionalization.     

The efficacy of foot patrol in violent places

Objectives

This study examines the effectiveness of foot patrol in violent micro-places. A large urban police department deployed foot patrol in micro-places (hot spots) for a period of 90 days for two shifts each day. Our objective is to determine whether this activity impacted violent crime in these hot spots and whether spatial displacement of crime occurred.

Methods

Eight eligible foot beat locations were set by examining crime rates for previous years in order to identify micro-places of high criminal activity. We employed a quasi-experimental design comparing the four treatment to the four control areas, estimating panel-specific autoregressive models for 30 weeks prior to and 40 weeks after the treatment.

Results

Time series models revealed statistically significant reductions in violent crime in the micro-places receiving foot patrol treatment, while no such reductions were observed in the control areas. The deterrent effect, however, was short and dissipated quickly. Control areas did not experience any crime prevention benefit during this time period. No evidence of crime displacement to spatially contiguous areas was detected.

Conclusions

This contributes to the growing body of knowledge that focused police strategies within hot spots impact violent crime. Specifically, the implementation of foot patrol in high crime hot spots led to measurable reductions in aggravated assaults and robberies, without displacing crime to contiguous areas.

     

Retrieving administrative data to assess long-term outcomes: a case study of the 23-year follow-up of the Milwaukee domestic violence experiment

Objectives

To describe how social scientists, criminal justice practitioners, and administrative agencies collected administrative data to follow-up a criminological experiment after two decades. To make recommendations that will guide similar long-term follow-ups.

Methods

A case study approach describes the processes of and sociological benefits to collecting administrative data to assess criminal justice and life-course outcomes.

Results

While maintaining experimental integrity, we developed, executed, and verified processes to retrieve arrest, mortality, and residential data for the experimental subjects, which enabled us to complete the longest ever follow-up of a criminal justice experiment.

Conclusions

When experiments have policy implications, administrative data may be preferable to survey data for assessing primary effects. Successful social science research can be conducted in conjunction with multiple administrative agencies.

     

Structuring Judicial Discretion in China: Exploring the 2014 Sentencing Guidelines

In recent years, a range of western jurisdictions has introduced reforms designed to restrict and guide judicial discretion at sentencing. The reforms enacted include mandatory sentencing laws and guiding statutes prescribing sentencing purposes and principles as well as important aggravating and mitigating factors. However, formal guidelines are the most promising and well-studied innovation. We may now add China to the growing list of countries that have recognized the utility of guidelines. Over the past decade, China has slowly developed sentencing guidelines for its courts. The new guidelines contain both general directions with respect to the determination of sentence as well as specific numerical guidelines for common offences. The guidelines do not follow the approach taken by the US schemes, many of which employ a two-dimensional sentencing grid. Instead, China has adopted a strategy consisting of “Starting Point” sentences which are then adjusted by the court to reflect relevant mitigating and aggravating factors. This approach is much closer to the guidelines developed in England and Wales and those proposed but not yet implemented in New Zealand and Israel. In this article, we explore the new Chinese guidelines and provide a limited comparative analysis with guidelines in other jurisdictions. England and Wales is selected as the principal comparator since it has developed and implemented a comprehensive system consisting of both offence-specified guidelines as well as generic guidelines.     

The International Crimes Tribunal in Bangladesh and International Law

The International Crimes Tribunal in Bangladesh was re-established in 2010 in order to hold the perpetrators of the 1971 War accountable for international crimes; namely, war crimes, crimes against humanity and genocide. The Trial has already begum to operate and has been dealing with various challenges. The basis of the trial proceedings is the International Crimes (Tribunal) Act 1973. The Parliament of Bangladesh enacted the Act in accordance with international law shortly after the War. This paper assesses the key legal issues that arise from the context of the 1973 Act, and will provide a reflection on trial proceedings in light of international law. It concludes that any initiatives to address the impunity of perpetrators and offer redress to the victims of gross human rights violations should be applauded, while any trial proceedings that do not follow appropriate standards for a fair trial and offer the right of due process should be deprecated.     

United Nations Mission to Kosovo: in Violation of the Right to Life?

International organisations are expected to abide to human rights standards in the course of their operations. However, to what standards are transitional regimes held accountable? Should the UN exercising executive powers be held accountable to the same or higher standard than a national government? In this article, the author discusses the legal basis relied upon by a UN internal human rights mechanism, the Human Rights Advisory Panel (HRAP), that declared the UNMIK in violation of its positive obligation to investigate enshrined in Article 2 of the EHRC. A closer look at the opinions issued by the HRAP reveals that it might have misapplied the standard set forth in the relevant jurisprudence of the European Court for Human Rights, and thereby held UNMIK accountable under stricter requirements.     

Asian Criminology’s Expansion and Advancement of Research and Crime Control Practices

Inspired by Professor Jianhong Liu’s article entitled “Asian Criminology—Challenges, Opportunities, and Directions,” published in 2009 in the Asian Journal of Criminology, I attempt to document the expansion of Asian criminology in terms of the numbers of journal articles published, but also to encapsulate some of the unique contributions of original articles published in the Asian Journal of Criminology. To document the expansion of Asian criminology in terms of journal articles, I used the academic search engine, the ISI Web of Science, to identify criminology articles across a variety of Asian countries and time. This led to distinguishing between more traditional criminology and crime control (TCCC) articles and articles focusing on violence against women/children and on trafficking (VAWCT). Second, because it is not yet part of the ISI Web of Science, I read all of the original articles in the Asian Journal of Criminology to account for how Asian criminology is advancing the larger discipline of criminology. The ISI Web of Science data document the rapid expansion of Asian criminology. Some of the specific Asian Journal of Criminology articles are used to exemplify specific examples of how Asian criminology is advancing the field of criminology worldwide through theoretical, methodological and framing designs, and crime control practices.     

Negative Life Events and Maladaptive Behaviors Among Filipino Adolescents: an Empirical Test of the General Strain Theory

Agnew’s general strain theory has been widely tested in other countries and has received general support from most studies. To date, however, there has been limited empirical test of the theory in the Philippines. Thus, this study aims to test the core theoretical propositions of the theory that link negative life events (strains) to negative emotions that in turn encourage maladaptive behaviors or criminal coping. The study uses the Global School-based Student Health Survey (2011) data on a nationally representative sample of 5920 secondary Filipino students. In general, the results support the general strain theory: negative life events (e.g., violent experiences, discrimination, sexual harassment victimization) encourage maladaptive behaviors (i.e., suicidality, substance use, and truancy), and this link is somewhat mediated or attenuated by depression. Further, conditioning factors such as parental care and supervision, social support, and engagement in physical activities moderate the effects of negative life events and depression on maladaptive behaviors. Contrary to the theory, however, some conditioning factors intensify the effects of strain on truancy. Overall, the current findings support the theory but call for further research and theory building—delinquent acts are diverse behaviors, and thus, each may require a crime-specific model of the general strain theory.     

Principal-Agency Theory in Illegal Markets: Cooperation and Conflict Among Chinese Loansharks

There are management and organizational problems common to both legal and illegal businesses, such as moving one party to act in the interest of another rather than his own. In principal-agency theory, the party that wants someone else to do a job on his behalf is called the “principal” and the other party is called the “agent”. Principal-agency theory tries to find solutions to real and potential conflicts that arise from such transactional arrangements. We believe principal-agency theory has great potentials for understanding the operation and interpersonal relationships of criminal enterprises, in addition to the structural arrangements (e.g., a disorganized crime market) and the social network perspectives. Using a case study of Chinese loan sharking and cannabis cultivation in the Netherlands, we seek to make a theoretical contribution to existing literature on organized crime by focusing on how different individuals within a criminal enterprise negotiate the most efficient transactional arrangement in a principal-agent relationship amidst the uncertainties of an illicit market environment. We specifically look at four phases of the criminal enterprise studied: the selection of agents by the principal, attempts to bind these agents to the principal, potential conflicts and finally the solution of any problems. Incidentally, our study also gives insight in the less well-researched topic of loansharking.     

Ambiguity and Conflict in the Implementation of Evidence Law in Criminal Matters: a Study of the United Arab Emirates Jurisprudence

Due the lack of the law of evidence in criminal matters in the United Arab Emirates (UAE), it is important to address the issue of the rules of evidence in the UAE where Sharia criminal law is applied along with enacted law of Criminal Procedural Law. The courts’ decisions contradicted each other because of the differences of opinions among the law schools exist in Islamic law in one hand and between the Sharia criminal law and enacted law in the other hand. Further, the Criminal Procedural Law does not state the rules of evidence in clear manner to judges and individuals. The lack of stated rules and procedures and what evidence could be accepted and what cannot are not definite in the UAE legal system. The article will argue that because of the differences in the opinions related to the admission and acceptance of the evidences exist among the Islamic law schools and between the Sharia law and enacted law, the court decisions have contradicted each other and create ambiguities in the field of the evidence in criminal law. The Islamic jurists have different opinions about evidence in fornication crimes, Qasama evidence in qisas, and women and non-Muslim testimonies. Such differences affect the Union Supreme Court decisions. Therefore, the UAE legislator must enact the law of evidence in criminal matters in order to reduce the contradiction between judges’ opinions, clear ambiguities, and protect individual rights as it did with civil and commercial matter.