Human rights in the overseas territories: in policy but not in practice?

Since the late 1990s emphasis has been placed by the UK government on enhancing human rights in its Overseas Territories. Some early changes were enforced, but more recently persuasion and capacity building have been prioritised. However, due to the complexity of the bilateral relationships and the cultural diversity that exists, fostering and embedding reform is difficult. These challenges are seen most clearly in two examples: the rights of the child to be protected from sexual exploitation, and the securing of equality in relation to sexual orientation with reference to LGBT rights. The article analyses the constitutional and legal changes that have been made in regard to these two issues, and whether the creation of stronger human rights principles has led to enhanced rights in practice.     

A Mediator's Dilemma: Acknowledging or Disregarding Stance Displays

Mediators must strike a balance. On the one hand, they must direct participants' talk toward possible agreement. On the other hand, they must be sensitive and responsive to participants' evident stance (including affect and point of view) toward what is happening. In a case study of a videotaped, actual small claims court mediation session, several moments in which these competing constraints appear evident in the talk are analyzed. One participant (the landlord in a housing dispute) provides repeated indicators of his stance. The mediator disregards several of these. Finally, in a private caucus session, he acknowledges the landlord's stance. Understanding how talk works in such moments can help mediators respond sensitively to participants while maintaining impartiality and guiding the mediation process.     

Fathers Who Kill Their Children: An Analysis of the Literature

Abstract:  Roughly half of filicidal acts are committed by fathers, though the majority of the literature focuses on maternal filicide. This paper reviews the existing literature on paternal filicide with the goal of identifying characteristics common among these fathers. Fathers who killed their children were, on average, in their mid thirties. The mean age of their victims was five. They may have multiple victims. Sons and daughters were killed in equal numbers. Reasons included death related to abuse, mental illness (including psychosis and depression), and revenge against a spouse. The method often involved wounding violence. Suicide following the act occurred frequently. After being tried for their crimes, filicidal fathers were more frequently incarcerated than hospitalized. Given the range of those capable of this act, mental health professionals must be alert to the possibility of filicide in a variety of fathers. Considering this risk, clinicians should inquire about thoughts of harming children, partners, and themselves.     

Norms from the periphery: tracing the rise of the common but differentiated principle in international environmental politics

Abstract

Over the last three decades, constructivist scholars of international relations have created a rich body of literature on the influence of global norms. Until recently, the vast majority of that work focused on norms originating in the developed world and neglected the ideational impact of developing countries. This article confronts this oversight in the literature by tracing the rise of the “common but differentiated responsibility” (CBDR) norm in international environmental politics. The CBDR principle traces its origins to the developing world and today it is part of the framework principles of international environmental agreements. Thus, it represents a global norm promoted by, rather than diffused to, the developing world. In the process of tracing this norm’s rise, this article generates a set of hypotheses about the conditions under which developing countries create global norms.     

Can Trade Green China? Participation in the global economy and the environmental performance of Chinese firms

How does participation in the global economy influence the pollution management practices of firms in a developing country? Research on trade and the environment leads one to anticipate that integration into the international economy should enhance domestic firm environmental behavior. Integration facilitates access to cleaner technology, exposes domestic firms to global norms of corporate environmentalism, and compels developing country firms to meet trading partners' environmental standards or risk losing market access. This article tests these propositions by exploring the environmental compliance of internationally oriented firms in China—a country whose rapid economic expansion and increasingly prominent role as a foreign investor have considerable implications for protection of the global environment. It finds that there is only modest market-induced enhancement of environmental performance among Chinese companies. In terms of their compliance with environmental law, Chinese firms with connections to the global economy are either no better than domestically oriented companies or, in the case of firms that export heavily, are worse.     

A visualization approach to prioritizing insurance claims from complex,multi-PRP Superfund sites

Abstract

The severity of environmental insurance claims related to large multi-PRP Superfund sites has grown over the last 30?years. When an insured files a Superfund-related claim, allocated costs to the insured are typically unknown. Assessing the insured’s likely share of future cleanup costs is challenging. This article proposes a simple approach that allows claims professionals to visualize where their insured stands relative to other PRPs' potential allocation of cleanup costs. The resulting color-coded “heat map” allows claims professionals to easily assess and prioritize potential insured losses. It also provides a starting point for settlement negotiations, thus reducing frictional costs.     

The Menzies Government,the American Alliance and the Cuban Missile Crisis

This paper questions the traditional view of the Australian‐American relationship: that Australian dependency entailed unequivocal support for American foreign policy. It uses a particular Cold War event — the Cuban Missile Crisis — to examine the extent to which the reaction of the Australian government conformed to the general perception of immediate and absolute endorsement of the Kennedy administration's position. The paper will argue that the actual response of the Menzies government, as distinct from its public pronouncements, was constrained rather than unconditional, considered rather than reflexive, and shaped by strategic calculations of Australian interests.