Subject for discussion: is sexual abuse of a sleeping person possible or fantasy or simulated?

There have been reports of sexual acts on sleeping women since ancient times. Whether this is possible at all has been under controversial discussion by lawyers and lay people. The paper presents two cases of non-consenting penetrating intercourse with sleeping women and various legal and expert opinions. The authors discuss the possible influence of drugs and alcohol.     

Wildlife Crime: The Problems of Enforcement

Environmental and wildlife crime appear recently to be benefitting from an increasing profile amongst those agencies tasked with their control, as well as receiving growing criminological attention. Despite this, those with responsibilities in this area report that it remains marginalised, receiving limited resources and suffering from a lack of political impetus to push such problems higher up the agenda. This is particularly so for those agencies, such as the police, that may be seen to have many more pressing objectives. This discussion paper considers the problems of relying on an enforcement approach to controlling such offences, taking, as an example, those activities that may be termed ‘wildlife crime’, focusing on the situation in England and Wales. Firstly, the legislative framework that criminalises harm or exploitation of wildlife is presented, alongside the main enforcement methods used. Next, the problems facing an enforcement approach are critically considered, the key issues being: under-resourcing and marginalisation, the large ‘dark-figure’ of wildlife crime, the possibility of corruption, the lack of seriousness with which such crimes are viewed, and the lack of deterrent effect. Finally, responses to the problems of enforcement are presented, categorised as either methods to improve enforcement or, as the author advocates, methods which are alternatives to enforcement (such as adopting a crime prevention approach). The paper concludes with suggestions for future research in this field.     

Developing Administrative Principles in the EU: A Foundational Model of Legitimacy?

This paper argues that administrative legitimacy has been neglected as having the potential to provide a foundation for the legitimacy of the EU institutions. The development of the administrative law‐type mechanisms within the EU is almost exclusively focused on the activities of the Member States as the main implementers of Union law. This has left an administrative gap at the level of the EU institutions, with little evidence of determinative horizontal administrative principles to be found in either the Treaties or the case‐law of two European courts. Where the courts have acted, they have adopted a sectoral and highly circumscribed approach to the development of administrative norms. The paper examines whether administrative principles can be harnessed as a mechanism for increasing the EU's legitimacy and, if so, how these principles fit with the institutions' approach to the legitimacy question. Post Lisbon, can evidence be found within the Treaties that the administrative route to legitimacy has not been entirely foreclosed? This paper proposes a model of administrative legitimacy for the EU level of administration that provides a foundation for the interconnected concepts of good governance and political legitimacy.     

Protectors on trial? Prosecuting peacekeepers for war crimes and crimes against humanity in the International Criminal Court

Allegations of criminal conduct have been made against UN peacekeeping personnel. While only a small number commit criminal offences, these personnel must be held accountable for their actions. Ensuring accountability is difficult due to jurisdictional issues, including in which jurisdiction (host state, sending state, or third state) to prosecute offenders. However, the possibility of the International Criminal Court exercising jurisdiction over peacekeeping personnel (civilian or military) has not really been considered. This article will examine the potential applicability of the substantive law of war crimes and crimes against humanity under the Rome Statute to crimes committed by peacekeeping personnel.     

A Far-Reaching Strategy

<正>The U.S.and Chinese economies are closely intertwined.When China’s economy is strong,ours can prosper as well.When China’s economy falters,theAmerican economy also suffers.We share many common challenges that neither side can address alone,such as the battle to combat global climate change,which already     

Northern theories,Southern movements? Contentious politics in Africa through the lens of social movement theory

ABSTRACT

The article examines the extent to, and the conditions under which theoretical approaches from Social Movement Studies, mainly developed based on empirical experiences from the Global North, are appropriate for analysing contentious politics in the South, particularly in sub-Saharan Africa. In order to answer this question, the article discusses whether social movements in Africa differ fundamentally from those in other world regions. Four main approaches from social movement theory are examined: resource mobilisation, political opportunity structures, framing, and collective identity, to find out how suitable they are for explaining empirical phenomena in Africa. It is argued that social movements in Africa are not principally different from those in other world regions. Approaches from social movement theory prove helpful in explaining phenomena in the South, although they suffer from the same weaknesses and limitations to their scope as they do regarding movements in the North.     

The Effects of Prior Workplace Behavior on Subsequent Sexual Harassment Judgments

A dual processing model of sexual harassment judgments predicted that the behavior of a complainant in a prior case would influence evaluations in an unrelated subsequent case. In the first of two experimental scenarios depicting social-sexual conduct at work, the female complainant's conduct was manipulated to be aggressive, submissive, ambiguous, or neutral. Half of the participants were asked to reflect upon the first scenario after reading it and before answering responsibility questions. The other half simply reviewed the scenario and answered the questions. When the complainant acted aggressively, her behavior in the first scenario caused men who reflected on the fact pattern to find less evidence of harassment. Most interestingly, an aggressive complainant observed in the first scenario caused participants (especially women) to rate lower the likelihood that a neutral complainant in a second independent case was the victim of gender discrimination. Across cases, men found less evidence of harassment than did women.