International Efforts Against Trafficking in Human Beings

Following the changing mentality, the efforts to find a common definition,concerning trafficking in human beings, focusing on the issue to harmonisethe national and international legal measures, legal instruments aiming atcombat-ing traffic in human beings, we are witnessing an important segmentof the process towards internationalisation and europeanization of criminallaw and criminal justice.     

On the unification of legal rules in the European Union

Unification of legal rules in Europe is not a new phenomenon. However, nowadays, Europe is still an area with many different jurisdictions. This paper studies the process of unification of legal rules in the European Union within a non-cooperative game-theoretical framework. This paper contributes to the understanding of the process by concentrating on the role of the European Commission. In the law-and-economics literature, it is argued that national legal rules will converge more or less spontaneously through the works of legislators and judges. But legal convergence in the European Union is not inevitable: preferences toward legal rules differ across nation-states; substituting a legal system for another one is costly; a coordination problem may arise. We first study the interactions of two nation-states who choose non-cooperatively their legal rules. We shall argue that the action of the Commission is, at first sight, likely to eliminate the coordination problem (under certain conditions). Two factors are at work. First, the Commission has a certain expertise which enables it to propose new and perhaps more efficient rules (so that the choice of unification does not reduce to select a particular nation-state legal system). Second, the Commission may use a system of fines that induces nation-states to abide by its rules (once these rules are adopted by nation-states). Next, we refine our first model: the process of legal unification is viewed as a game where nation-states choose the game that they will play. They choose if they will try to reach an agreement without resorting to the actions of the Commission, or if they will play the game implicitely proposed by the Commission. This captures more precisely the action of the Commission, its ‘right of initiative’’, the publication of proposals in ‘green’’ or ‘white papers’’. In this second model, a coordination problem may arise. JEL Classification C72 · K00     

The internet and the state: Instrument of social control or subversive tecnology?

Conclusion Technological progress always contains within it the ironic dialectic of liberation and domination. The computer-based information highway is no exception. As a consequence, our own view is that the computer revolution contains the potential for both over-control and subversion of control. Science and technology are not neutral. They are social constructs that exist only within a context of choices of development and application. Therefore, it is not the technology that constrains, or oppresses, or liberates. Rather, the emancipatory potential of this new technology lies in the degree to which those who use it can disseminate it and maintain it as a relatively low-cost communication tool. To date, many of those involved in expanding the Internet frontier have generally been suspicious of and resistant to government intrusion into the Net. While it is often easier to simply dismiss such suspicion as the ranting of conspiracy theorists, history has taught us that such a na?ve faith in the benevolence of the government is unwise. Our intention here has not been to provide a definitive conclusion about the past, present, or future state of technological progress; instead we hope that our discussion will spark further critical analysis of technology and related topics.     

Ḥājji Ratan or Bābā Ratan’s Multiple Identities

This article deals with the complex personality and legacy of a mysterious saint known both as a Sufī (Ḥājji Ratan) and a Nāth Yogī (Ratannāth) and links his multiple identity as well as the religious movement originated from him, to the specific cultural context of the former North-West Indian provinces. The first part is devoted to Ratan in the Nāth Yogī tradition, the second to his many facets in the Muslim tradition, in connection with his dargāh in the Panjabi town of Bhatinda. The third and main part explores a particular movement, the Har Śri Nāth tradition. Presently centered around a “dargāh mandir” in Delhi, this movement, with its two branches issued from Ratan and from his “son” Kāyānāth, was rooted in what is now Pakistan. The influence of location and history has led to many peculiarities which lead us to stress the blurred boundaries between Islam and Hinduism and the essential part played by charismatic figures in the construction of religious identities.