Collective Security and the Economic Interventionism of the UN--the need for a coherent and Integrated Approach

The scope of the collective security system established underthe United Nations Charter has expanded significantly sincethe end of the cold war to cover new fields. An increasing linkagebetween maintenance of peace and economic reconstruction haslead the United Nations to play an unprecedented role withinthe economic realm, be it by the widening of the range of measuresadopted by the Security Council under Chapter VII of the Charterwith economic consequences or through the direct managementof economies in post-conflict situations as part of a globalstrategy to restore peace in war-torn territories. This evolutionhas brought to light the limits of the existing UN collectivesecurity system as a framework to deal with economic issues.It is submitted that the ‘derogatory’ logic underArticle 103 of the Charter and under WTO law through its exceptionclauses is no longer sufficient to review and assess the UNaction in the economic sphere. The promotion and integrationof a broader set of principles and rules of international economiclaw such as principles of fair competition, non-discrimination,or transparency, would help enhance the legitimacy of actionsof the UN Security Council. Moreover, this article argues thattaking into account international economic law would contributeto achieve UN goals in post conflict situations by paving theway for a stable and safe economic environment in a long-termperspective. The recently established Peacebuilding Commissionmay contribute to develop a coherent and integrated legal approachin this area.     

Juveniles' Competence to Stand Trial: A Comparison of Adolescents' and Adults' Capacities as Trial Defendants

Abilities associated with adjudicative competence were assessed among 927 adolescents in juvenile detention facilities and community settings. Adolescents' abilities were compared to those of 466 young adults in jails and in the community. Participants at 4 locations across the United States completed a standardized measure of abilities relevant for competence to stand trial (the MacArthur Competence Assessment Tool—Criminal Adjudication) as well as a new procedure for assessing psychosocial influences on legal decisions often required of defendants (MacArthur Judgment Evaluation). Youths aged 15 and younger performed more poorly than young adults, with a greater proportion manifesting a level of impairment consistent with that of persons found incompetent to stand trial. Adolescents also tended more often than young adults to make choices (e.g., about plea agreements) that reflected compliance with authority, as well as influences of psychosocial immaturity. Implications of these results for policy and practice are discussed, with an emphasis on the development of legal standards that recognize immaturity as a potential predicate of incompetence to stand trial.     

The Competence-Related Abilities of Adolescent Defendants in Criminal Court

Increasing numbers of youths are being tried in criminal court because of statutory measures that have decreased the use of judicial review as the primary mechanism for transfer. The relative immaturity of adolescents suggests that transferred youths might have impaired competence-related abilities compared to adults. To test this hypothesis, we compared the competence-related abilities and developmental characteristics of a sample of direct-filed 16-17-year-olds charged in criminal court in the state of Florida (Direct File sample) to a sample of 18-24-year-old adults charged in criminal courts (Adult Offender sample) and to a separate sample of 16-17-year-olds charged in juvenile court (Juvenile Court sample). Results indicated that there were few differences between the Direct File youths and Adult Offenders. The differences that were observed suggested that the Direct Filed youths performed slightly better than the Adult Offender group and the Juvenile Court youths charged in juvenile court. These findings suggest that as a group, 16-17-year-old Direct File adolescents do not have significant deficits in competence-related abilities due to age or immaturity.     

Public management: What do we know? what should we know? and how will we know it?

The field of public management draws on a rich and varied trove of intellectual resources. Applying scholarship and imagination, its students can recognize, interpret, and predict the reality of managing governmental organizations with considerable acuity. If the field is to advance, however, researchers must do more than reverently assemble and digest practice wisdom. More emphasis must be placed on disciplined, theory-based inquiry.