Connecting or Compartmentalizing the WTO and United States Legal Systems? The Role of the Charming Betsy Canon

Litigants before the US courts have frequently attempted toimprove their legal position by relying on the Charming Betsycanon of statutory interpretation under which statutes whichcan be interpreted consistently with international obligationsshould be so interpreted. The argument has effectively beenthat the canon should be permitted to provide the interfacebetween the World Trade Organization Agreements as interpretedby the World Trade Organization tribunals, and national statutesas interpreted by US executive agencies. The ease with whichthe canon can be stated belies the complexity and controversynow associated with its application. Some of the cases are arguablyirreconcilable while academic opinion is similarly polarizedby concerns about both the extent of judicial deference to agencyinterpretations, and about the slightest possibility of a moreinquisitive approach. This article discusses how the canon hasbeen applied and should be applied in domestic cases with aWorld Trade Organization dimension. A re-conceptualization ofthe canon's role in cases of this type is suggested.     

Children's testimony: Research findings and policy implications

Abstract

Traditionally the British legal system has taken a sceptical attitude toward the testimony of children, reflected in the competency requirement, the corroboration rule and the judicial caution. However, recent psychological research has suggested that children, properly interviewed, can provide invaluable testimony in securing convictions in cases of sexual or physical abuse. Research suggests that children's spontaneous accounts of events are generally accurate, and that suggestibility can be greatly reduced by appropriate questioning techniques. Partly as a result of such research, the legal hurdles surrounding children's evidence have been dismantled and procedural innovations, such as the use of the Videolink and videotaped interviews introduced. Empirical research demonstrates the success of the Videolink and a similar evaluation is planned for videotaped interviews. The latter has highlighted the need for a new research agenda which would include the impact of biased or repeated questioning, and requests to children from abusers to lie or keep secrets.     

Victim age,attractiveness and,abuse history as factors in the perception of a hypothetical child sexual abuse case

Abstract

This study examines the effect of victim age, victim attractiveness, the victim's abuse history and respondent gender have on attributions of blame and credibility towards a female victim in a hypothetical child sexual abuse case. A total of 397 respondents from a community sample read a hypothetical child sexual abuse (CSA) scenario in which victim age, victim attractiveness and the victim's abuse history were manipulated. Respondents then completed a 16-item blame attribution questionnaire. Several predictions were made. First, a 10-year-old victim would be deemed less blameworthy and more credible than a 15-year-old victim. Secondly, an attractive victim would be viewed more positively, and attributed less blame, than an unattractive victim. Thirdly, a victim with previous history of being sexual abused—either by the same or different perpetrators—would be deemed more culpable for their own CSA than a first time victims. Finally, female respondents were expected to take a more pro-victim and anti-perpetrator stance than males. Whilst comparatively few differences were found across victim attractiveness and abuse history. Overall findings were broadly in line with predictions. It was concluded that victim age and respondent gender play particularly important roles in the attribution of blame towards victims and perpetrators of child sexual abuse.     

Working on the Ground. A Collective Biography of Feminine Subjectivities: Mapping the Traces of Power and Knowledge

In this paper we map the traces of power and knowledge as we read them at play in our own memories and as we make sense of them from a Foucauldian perspective. Our question here is twofold: how might we use Foucault to read our embodied memories of power and knowledge; and how might we use the analysis of those stories to enable us better to see the implications of Foucault's writing for the analysis of subjects' enmeshment in power/knowledge relations? We use as the ground of our analysis our own embodied memories of achieving ourselves as appropriate(d) subjects (as girls and women, in relation to men--fathers, lovers, and husbands). Our trajectory in this paper is double. First, it has been towards uncovering the ways in which girls and women might be said to be powerful, even when they are complicit in their own subjection. Second, it has been to show that when Foucault defines all acts of power to involve the possibility of resistance and freedom, and he takes the opposite, a state of domination, to arise from 'economic, political, or military means', he has not fully acknowledged the extent to which the repeated, minute accretions of everyday practices can generate sedimentations of lines of force that may also be understood as a state of domination.     

Nano‐Industry Operationalizations of “Responsibility”: Charting Diversity in the Enactment of Responsibility

The Collingridge dilemma—the problem of reacting to emerging technology either “too early” or “too late”—is one that is readily recognized by developers and promoters of nanotechnologies. One response can be found in the rise of a discourse of “responsible development” in the science and innovation policy landscape. While a number of commentators have discussed the potential of such initiatives, it remains unclear how responsible development is actually being configured “on the ground,” in private sector nanotechnology. This paper addresses this question by analyzing empirical engagements in Europe and the United States in order to map industry operationalizations of “responsibility” in these contexts. We show that a number of different articulations of “responsibility” are present, including as a response to public lack of trust and perceived public pressure, and as the management of risk. We close by relating these findings to the theoretical literature on responsibility, other contemporary accounts of the ways in which responsible development can be operationalized, and the possibilities that these articulations of responsibility may open up.     

National Assessment by the National Security Council Staff 1968–80: An American Experiment in a British Style of Analysis?

At a time of intense debate over the specific organizational arrangements of American national security agencies with new or refocused intelligence responsibilities, the relative proximity between intelligence producers and consumers is a key issue. Intelligence capabilities may have to be kept separate from decision-making because of organizational economies of scale and scope, but separation alone does not mean intelligence must be distant from decision-making. For example, the British style of analysis involves a much closer relationship between intelligence producers and consumers than exists in the American context. Efforts to improve the integration of intelligence into decision-making by closing the distance between them would do well to study the history and efficacy of this process as they look to create new ways of structuring the relationship between intelligence analysis and decision-making. Specifically, history demonstrates that the US National Security Council staff implemented a process in 1968 through 1980 that approximated the British style of analysis, and this may provide US policymakers with a model for bridging the gap between intelligence analysis and decision-making.     

Intelligence scholarship as all‐source analysis: The case of Tom Bower's the perfect English Spy

Tom Bower, The Perfect English Spy: Sir Dick White and the Secret War 1935–90 (London: Heinemann, 1995). Pp.385, 24 photos, biblio., index. £16.99. ISBN 0–434–0080–9     

Transformation and Decay: the de-institutionalisation of party systems in South America

This article surveys the evolution of party systems in South America in terms of their level of institutionalisation. In recent times political competition in much of South America has become less structured by political parties proper and has moved in the direction of candidate-centred movements and electoral vehicles led by political entrepreneurs. Most countries in South America (Brazil, Chile and Uruguay are exceptions) have experienced party system de-institutionalisation during the 1990s and 2000s, as voters have systematically punished traditional parties, often rendering them marginal or forcing their disappearance. The scale of decomposition varies across cases but it has affected countries with historically well institutionalised party systems (Colombia, Venezuela) and those with inchoate party systems (Ecuador, Peru, Bolivia) alike.     

The marketing of understanding

Richard Clutterbuck, Terrorism in an Unstable World, London: Routledge, 1994. Pp.235, bibliography, index. £30. ISBN 0–415–10340–1

Maxwell Taylor and Ethel Quayle, Terrorist Lives, London: Brassey's, 1994. Pp.233, index. £19.95. ISBN 0–08–041327–70

Yonah Alexander and Dennis A. Pluchinsky, European Terrorism Today and Tomorrow, McLean, Virginia: Brassey's (US), 1992. Pp.208, bibliographies, index. £18.75. ISBN 0–08–041070–7.

Joyce M. Ferley, Law and Procedure of Extradition, Crayford: Shaw & Sons Ltd, 1994. Pp.298, loose leaf, index, case list. £50. ISBN 0–7912–1270–2

Geoff Gilbert, Aspects of Extradition Law, Dordrecht: Martinus Nijhoff, 1991. Pp.282, bibliography, index, case list. £80. ISBN 0–7923–1162–0     

The 2011 presidential election in Peru: a thorny moral and political dilemma

The 2011 presidential elections in Peru was the third one held in the post-Fujimori era. A perusal of the campaign's political dynamics reveals pervasive anti-democratic behaviours, attitudes and rhetoric on the part of key political actors, showcasing the degree to which Peru remains an unconsolidated, precarious democracy. The second round presented a moral and political dilemma insofar as two unsavoury candidates of highly dubious democratic credentials vied for the presidency: Ollanta Humala, a former army lieutenant burdened by accusations of human rights violations who, additionally, led or supported two military uprisings; and Keiko Fujimori, the daughter of a convicted and jailed dictator who unabashedly touted the legacy of her father's authoritarian regime and surrounded herself with tainted fujimoristas. The paradox of this undesirable electoral outcome, which can be read as a popular rebuke of the status quo, is that it took place in the Latin American country posting the fastest economic growth over the past decade.