A Special Section: Negotiating and Psychoanalysis: Some Common Aspects of Practice

Negotiation Journal -     

Controlling Internal Controls

Two recent examinations of management practices in three federal departments provide contemporary evidence of the need to incorporate procedures like those of the Sarbanes-Oxley Act in the public sector. Although each department established what appeared to be well-designed internal controls, all lacked sufficient monitoring and assessment of the efficacy of those controls. By requiring senior management to attest to the strength of their control mechanisms, as required by the newly revised OMB Circular A-123, the quality of this monitoring should improve. Findings from a recent study of private-sector implementation of these reforms are described, along with suggestions for public administration research and practice at all levels of government.     

The Dissemination of Detainees Awaiting Trial Before International and Internationalized Criminal Tribunals

This paper will focus on the rights attributed to detainees who are facing charges before international and internationalized criminal courts. The question is whether their position merits a different approach compared to the position of detainees who are confronted with domestic criminal trials. In particular, this paper will address the question whether, and to what extent, international human rights have a direct effect on the position of the former detainees. Attention will focus on case law of the European Court of Human Rights vis-a-vis the rights of detainees and the impact thereof on the position of detainees who are held in custody on behalf of international and internationalized criminal courts. The author is Professor of International Criminal Law at Utrecht University (The Netherlands), defence counsel acting before the ICTY, ICTR and SCSL, and a partner of the law firm Knoops & Partners Advocaten in Amsterdam, the Netherlands.