Reforming the United Nations: New Proposals in a Long-Lasting Endeavor

Netherlands International Law Review -     

The Reliability of Facial Recognition of Deceased Persons on Photographs

In humanitarian emergencies, such as the current deceased migrants in the Mediterranean, antemortem documentation needed for identification may be limited. The use of visual identification has been previously reported in cases of mass disasters such as Thai tsunami. This pilot study explores the ability of observers to match unfamiliar faces of living and dead persons and whether facial morphology can be used for identification. A questionnaire was given to 41 students and five professionals in the field of forensic identification with the task to choose whether a facial photograph corresponds to one of the five photographs in a lineup and to identify the most useful features used for recognition. Although the overall recognition score did not significantly differ between professionals and students, the median scores of 78.1% and 80.0%, respectively, were too low to consider this method as a reliable identification method and thus needs to be supported by other means.     

The Principle of Full Compensation in Tort Law

According to the principle of full compensation, tort law seeks to put the victim in the position he was in before the tort. This position is generally considered to be the situation where the victim does not suffer any harm at all. We consider an alternative interpretation. If an injurer takes due care, the victim is faced with expected harm. This can be considered the victim's expected harm in the situation he was in before the tort. Thus conceived full compensation requires a negligent injurer to pay damages which bring the (potential) victim ex ante in the same position as the victim was in the case where the (potential) injurer takes due care. We investigate the consequences of this restated negligence rule. For due care levels larger than efficient care, the standard negligent rule may lead to excessive care, whereas the restated negligent rule always leads to efficient care. Furthermore, the activity level under the restated negligent rule is greater than the activity level under the standard negligent rule, which itself is greater than the efficient activity level. Social welfare under the restated negligence rule can either be higher or lower than social welfare under the standard negligence rule.     

Sympathy for the devil: state engagement with criminal organisations in furtherance of public policy

Governments have long relied on non-state actors to assist in the implementation of public policy. Legitimate elements of civil society have become familiar instruments of governance. States have also engaged criminal actors to this end. This article will note examples of state collaboration with criminal interests, from pirates turned privateers during the 17th and 18th centuries, to the patriotic hackers of today. It will discuss the strategic considerations giving rise to such engagements, the pitfalls that may beset them, and the ethical considerations that might inform the decision by a state to enlist the services of illicit organisations.     

On the Undecidability of Legal and Technological Regulation

Law and Critique - Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through...