Contemporary Issues in the Law of Treaties

Netherlands International Law Review -     

The Case for a Rational Reconstruction of Consent in Criminal Law

This article argues for consistency in criminal law and the need for 'rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003.     

The Vanishing Victim: Criminal Law and Gender in Jordan

Focusing on the issues of rape and honor killings in the Arab world, particularly Jordan, this article investigates the use of criminal laws as an element in political legitimation. These laws are an arena for contestation not merely over policy choices, but over the nature of the sociopolitical order as well. Recent debates over the alteration or preservation of such laws have highlighted the use of legal codes as an expression of dominant values in a political system. I argue that the use of gendered legal systems to serve legitimation claims has important implications for the prospects of democratization.     

Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights

The Family and Medical Leave Act requires employers to provide job-protected leave, but little is known about how these leave rights operate in practice or how they interact with other normative systems to construct the meaning of leave. Drawing on interviews with workers who negotiated contested leaves, this study examines how social institutions influence workplace mobilization of these rights. I find that leave rights remain embedded within institutionalized conceptions of work, gender, and disability that shape workers' perceptions, preferences, and choices about mobilizing their rights. I also find, however, that workers can draw on law as a culture discourse to challenge these assumptions, to build coalitions, and to renegotiate the meaning of leave.     

Economies of scope and scale in green advocacy

Environmental advocacy is a large and growing activity. Whilst a number of economists have analysed the advocacy process, no systematic attempt has been made to understand the factors influencing the organisation of the sector. We explore the relationship between economies of scale and scope in advocacy. Under the most popular specification of a Tullock-type contest, economies of scope arise when (and only when) the scale of that activity is sufficiently large. The incentives for merger are socially efficient, implying no need for policy intervention.     

“Team Australia”: Cartoonists Challenging Exclusionary Nationalist Discourse

In the context of the “war on terror”, Australian leaders announced that an increased threat of terrorist activity existed within Australia in 2014, which was generated by young people travelling to engage in military activity in the Middle East and returning “radicalised”. The prime minister at the time, Tony Abbott, called on Australians to rally together, in the face of such a threat, as “Team Australia”. This article analyses the responses by cartoonists to this call, focusing on the way the notion of Team Australia is portrayed as a challenge to core aspects of Australianness, such as mateship, multiculturalism and the “fair-go”. Frame analysis is used to explore how the cartoons connect with the broader populace and represent, challenge, reconstruct and rely on implicit and explicit understandings of Australianness. The cartoons frame Abbott’s Team Australia as exclusionary, unfair, politically elitist, anti-multicultural and “un-Australian”, even while pursuing a nationalist project.