Resolving Deadlock: Why International Organisations Introduce Soft Law

Abstract:  Since the mid-1990s the European Union has introduced a number of policy coordination processes that abstain from delegating or pooling sovereignty. Instead the EU relies on soft law that does not legally bind governments in the same way as the Community Method used to. The literature assumes that soft law is chosen to achieve common objectives given considerable diversity among the Member States. In contrast, this paper suggests that non-binding coordination is first and foremost a means to foster compromises in the absence of substantial agreements. Three case studies demonstrate that international organisations have repeatedly relied on soft law to overcome disagreements among their members. The IMF, the OECD, and the EU introduced soft coordination at times of institutional crisis to prevent a breakdown of negotiations.     

Examination results and autopsy findings in assaults on elderly people

As the percentage of elderly people in the population grows, violence against persons of advanced age constitutes an increasing social problem. The findings of the clinical forensic examinations (CE group) and autopsies performed on elderly violence victims (> or = 60 years) between 1999 and 2008 at the Institute of Legal Medicine of the Hanover Medical School were retrospectively analysed. In all, the study material comprised 55 victims of the CE group (35 females and 20 males, median age 73.5 years) and 55 autopsies (33 females and 22 males, median age 72.7 years). In most of the autopsy cases, the suspect was a family member or partner. In contrast, the alleged perpetrator was a stranger in most cases of the CE group. Blunt force injuries were most often found in the CE group victims (63.6%). Altogether, 38.2% (CE group) and 20.0% (autopsy cases) of the violent assaults were associated with robbery. In the majority of the CE cases, the victims suffered potentially or acute life-threatening injuries. In summary, the analysis shows that elderly people frequently become victims of robbery and blunt force injury. In most homicides of old people, the perpetrator is familiar to the victim. In surviving elderly violence victims, the assault is more likely to be reported to the police if the suspect is a stranger.     

Clinical forensic examination findings in assault cases among adolescents

Child and youth criminality has risen markedly over the past 25 years and causes increasing concern to the general public. The clinical forensic examination cases of youth violence victims examined at the Institute of Legal Medicine of the Hanover Medical School and its Oldenburg Branch between 1999 and 2008 were retrospectively analyzed. In all, 55 adolescents (37 females, 18 males; median age 15.5 years) were examined. In most cases the suspect was a close (40.0%) or passing (23.6%) acquaintance. 16 assaults were committed by two or more adolescents jointly. Most of the juveniles were victims of sexual assaults (56.4%). In 15 victims of sexual offences (51.7%) diagnostic findings were obtained on the basis of anogenital injuries and/or the presence of sperm. In summary, the analysis shows that adolescents frequently become victims of sexual assault. In addition, youth violence is often committed in a group.     

Recovery and identification of the victims of the Ehime Maru/USS Greeneville collision at sea

This paper describes the recovery and identification of crew members lost during a collision at sea. On 9 February 2001, south of Honolulu, Hawaii, the Japanese fishing training boat, Ehime Maru was struck by the USS Greeneville (SSN 772), a Los Angeles-class fast attack submarine. Witnesses estimate that the vessel sank within 5-10 min after the collision. Nine of the 35 crew members remained unaccounted for after rescue procedures were completed. The U.S. Navy attempted the unprecedented procedure of moving the boat from a depth of 610 m (2000 ft) into shallower waters so that the missing could be located and recovered. Eight of the nine crew members were recovered and identified by their dental records.     

How Neopatrimonialism Affects Tax Administration: a comparative study of three world regions

Neopatrimonialism is a concept that has predominately been applied to describe governance in sub-Saharan Africa. Recently, however, it has also been used to describe governance in states from other world regions. However, scholars have rarely attempted systematically to compare neopatrimonial rule in different regional settings. This paper aims to narrow this gap by examining the effect of neopatrimonialism on the tax administration as a core state function in six countries from three different world regions: Argentina, Venezuela, Indonesia, the Philippines, Kenya and Zambia. We conclude that neopatrimonialism is a valuable concept for comparative area studies with the potential to foster dialogue on the ‘state in operation’ across the regional divide. Nevertheless, several indicators are more valid for some world regions than for others. We find that there is no systematic relationship between neopatrimonial trajectories and the strength of tax administration. Individual actor decisions influence the outcomes of neopatrimonialism substantially.     

Prison Populations as Political Constructs: the Case of Finland,Holland and Sweden

Countries such as Finland, Holland and Sweden have witnessed similar economic and social developments and have been affected by similar crime trends. However, over the past 50 years, the daily prison populations in these three Northern European countries have developed very differently. An attempt is made here to discuss these diverse developments in the light of a perspective that treats daily prison populations as political constructs.1 ¹I am grateful to my translator, David Shannon, and two anonymous referees for their helpful comments.      

Viability of Human Articular Chondrocytes Harvested Postmortem: Changes with Time and Temperature of In Vitro Culture Conditions

Different studies of long‐term chondrocytes viability have shown a gradual reduction as a function of time and ambient temperature. The aim of our in vitro study was to establish chondrocyte postmortem viability curves for 4°C, 11°C, 23°C, 35°C during 63 days after the donors' death. Osteochondral cylinders were procured from the knees of 16 male donors (20–47 years), stored in preservation media that was not changed, and analyzed in 3‐day intervals using a confocal laser scanning microscope. A significant influence of time on viability was found from Day 9 (p = 0.0029) and onwards (p < 0.0001). The lowest overall chondrocyte viability was at 35°C, followed by 4°C (p < 0.0001). The conditions used in this in vitro analysis suggest that similar viabilities may occur while in situ in the decedent. Further studies of chondrocyte viability from individuals with known postmortem intervals may show premise to help evaluate time since death in the late postmortem interval.