Co-ordination and Co-operation in Respectful Disagreement: General Course on Private International Law

Netherlands International Law Review -     

Cash at Your Fingertips: Biometric Technology for Transfers in Developing Countries*

In recent years, interest has soared in the development potential of well‐designed cash transfer programs. One particular application is the use of transfers by resource‐rich countries (as recently initiated by Iran) to distribute rents across their populations. An emerging body of research suggests that the development impact of such programs tends to be positive and that, especially when received by poor individuals or households, they can unlock constraints on economic activities, allowing a further increase in income. This paper considers the use of biometric technology to underpin transfer programs and how new technology is opening up possibilities for effective transfer programs that, up to now, have only been a theoretical option in the institutional conditions that prevail in many developing countries. Once implemented, biometric identification systems can be used to support a wide range of other development initiatives including banking, voting, health care, and general identification systems. The paper reviews some of the programs using these technologies and how it is enabling poor countries to leapfrog rich ones in the area of identity, much as the cellphone revolution did in the area of communications.     

Liberal republicanism and the role of civil society

This article argues that political liberalism is best placed to accommodate the insights of the civic republican tradition in political theory. Political liberalism is described and its compatibility with certain interpretations of republicanism demonstrated. The reasons why the republican liberal values active citizenship are explained in the context of civil society and the overall theory is defended from the charge that it is an unstable compromise. It is argued that civil society is an essential precondition of liberal democracy.     

Client participation in paid sex markets under alternative regulatory regimes

To help inform the design and review of alternative public regulatory policies towards paid adult sex markets, this study uses economic reasoning to explore the nature of client participation. This is a timely focus given the increasing consideration and movement towards a greater role for demand-side policies and regulation that has emerged in some countries to complement, or, in some cases, even replace elements of supply-side regulation and policy. The analysis is based upon a time allocation model that characterises the nature and balance of incentives facing clients under various public regulatory regimes. The regimes considered range from the status quo in England, Wales and Scotland, to varying levels of state involvement or direction, featuring, inter alia, supplier registration, public health inspections and locational restrictions. All of these are shown to affect in various ways the extent to which risk, income and other factors can influence the pattern and intensity of leisure time usage, which is a key requirement for client participation in paid sex markets.     

Frontier Vigilantism? Australia and Contemporary Representations of Australian Antarctic Territory

This article considers the way in which recent commentators have represented Australia's relationship with Antarctica including current and future challenges. While successive Australian governments from the 1950s onwards have sought inter alia to develop and protect the country's southern oceanic and Antarctic interests, concern has persisted about the activities of other parties. The signing of the 1959 Antarctic Treaty helped to ensure that the territorial status quo prevailed with regard to the Australian Antarctic Territory. The entry of the United Nations Law of the Sea Convention (UNCLOS) into force in 1994 created new opportunities for further expressions of sovereign rights in this region. While mindful of the evolving legal geographies affecting Antarctica, our paper asks a series of questions about this relationship with the far south: how has Australian national identity been informed and influenced by Antarctic engagements? Will UNCLOS actually weaken the Antarctic Treaty System? Finally, do contemporary Australian pronouncements on the Antarctic hint at anxieties reminiscent of the 1950s? We conclude with a warning that nationalistic evocations may well unsettle a delicate balance concerning the Southern Ocean and disputed ownership of Antarctica.     

Location and Assessment of an Historic (150–160 Years Old) Mass Grave Using Geographic and Ground Penetrating Radar Investigation,NW Ireland*

Abstract: Reburial of human remains and concerns regarding pathogens and pollution prompted the search for, and assessment of, a 156-year-old graveyard. To locate this graveyard, historic and anecdotal information was compared to landscape interpretation from aerial photography. To assess and map the contents, surface collapses, metal detector indications, and ground-penetrating radar (GPR) were used. Some 170 anomalies compatible with burials were identified on 200 MHz GPR data, 84 of which coincided with surface collapses, suggesting both noncollapsed ground, subsequent infill, and multiple inhumations. The graveyard was possibly split into Roman Catholic plots with multiple inhumations; Protestant plots; and a kileen, or graveyard for the unbaptized (often children). The work serves as one approach to the location and mapping of recent and historic unmarked graves.