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To understand why some international institutions have stronger dispute settlement mechanisms (DSMs) than others, we investigate the dispute settlement provisions of nearly 600 preferential trade agreements (PTAs), which possess several desirable case-selection features and are evoked more than is realized. We broaden the study of dispute settlement design beyond “legalization” and instead reorient theorizing around a multi-faceted conceptualization of the strength of DSMs. We posit that strong DSMs are first and foremost a rational response to features of agreements that require stronger dispute settlement, such as depth and large memberships. Multivariate empirical tests using a new data set on PTA design confirm these expectations and reveal that depth – the amount of policy change specified in an agreement – is the most powerful and consistent predictor of DSM strength, providing empirical support to a long-posited but controversial conjecture. Yet power also plays a sizeable role, since agreements among asymmetric members are more likely to have strong DSMs due to their mutual appeal, as are those involving the United States. Important regional differences also emerge, as PTAs across the Americas are designed with strong dispute settlement, as are Asian PTAs, which contradicts the conventional wisdom about Asian values and legalization. Our findings demonstrate that rationalism explains much of international institutional design, yet it can be enhanced by also incorporating power-based and regional explanations. 相似文献
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Johanna Pretsch Natalie Ehrhardt Lisa Engl Björn Risch Jürgen Roth Stefan Schumacher Manfred Schmitt 《Social Justice Research》2016,29(1):119-138
School can be regarded as an important factor in the development of children’s values and attitudes. Given this great importance of justice experiences for students’ development, this study aimed at examining the influence of perceived injustice in school on students’ emotions, well-being, and behavior with an experimental longitudinal design. In total, 196 students participated in this study and came to the university with their classes to receive extra teaching once a week for six consecutive weeks. To manipulate justice perceptions, a scenario of arbitrary privilege was chosen to lead students of the experimental group to experience injustice from a beneficiary perspective. We found that students in the experimental group reported higher well-being and a higher appreciation of the opportunity to learn than the control group did. Additionally, they showed an increase in justice-related negative emotions over time; that is, they expressed more of a bad conscience and stronger feelings of anger the more they became aware of their privilege. This study shows that even subtle experiences of injustice in school can have an impact on students’ outcomes. These results are discussed with regard to practical implications. 相似文献
24.
Schmitt Manfred Behner Robert Montada Leo Müller Lothar Müller-Fohrbrodt Gisela 《Social Justice Research》2000,13(4):313-337
Two cross-sectional questionnaire studies were conducted to replicate and extend previous research on the existential guilt reaction. In Study I, gender was considered as a privilege. Male student participants (N = 141) were confronted with the low proportion of women in high-ranking positions and asked to appraise this situation. Self-reported behavior, behavioral intentions, and appeal to authorities aimed at advancing equal opportunities for both genders served as criterion variables. Path analyses were performed to explore the correlation structure among the variables. Self-reported behavior depended most strongly on behavioral intentions and on belief in control. Behavioral intentions depended most strongly on existential guilt. This effect accords to previous existential guilt research. Ethnicity and education were considered as privileges in Study II. Privileged Paraguayan students (N = 80) were confronted with the disadvantageous living conditions of Indians and Campesinos. They were asked to appraise the situation. Behavioral intentions and appeal to authorities directed at improving the living conditions of Indians and Campesinos served as criteria. As in Study I, existential guilt was the strongest predictor of behavioral intentions. Study II revealed the role of values in the process of existential guilt and prosocial behavior. This is a new research finding. Indirect effects of the two values of universalism and benevolence on behavioral intentions were obtained. The effect of universalism was mediated by existential guilt and moral outrage, the effect of benevolence was mediated by injustice and existential guilt. Tradition had a negative indirect effect on behavioral intentions. This effect was mediated by justification of deprivation and probably means that adherence to tradition eases the justification of traditionally existing social inequalities in a society. 相似文献
25.
Manfred Burgstaller Roland Kier Marcus Klamert Martina Eliskases 《Juristische Bl?tter》2011,133(10):678-680
26.
Mályusz V Schmidt M Simeoni E Poetsch M Schwark T Oehmichen M von Wurmb-Schwark N 《Archiv für Kriminologie》2007,220(1-2):25-35
Autosomal STR typing alone seems to be no sufficient tool for resolving deficiency cases (e.g. cases of questioned paternity or half-sibships). Therefore, we investigated whether the additional analysis of RFLP single locus probes can improve the solution of such complicated kinship cases. We analyzed 207 children and men from 101 families using the AmpFlSTRIdentifiler multiplex PCR kit and three RFLP single locus probes. A comparison between each child and all unrelated men resulted in 11,023 man / child pairs. Less than three excluding STRs were found in 125 child / unrelated man pairs (1.13%). Additional analysis of RFLP results reduced the number of ambiguous cases to 35. Half-sibling pairs were simulated using STR results from 20 cases with high paternity probabilities (group 1) and relatively low paternity probabilities (group 2). Using a commercially available computer program we calculated probabilities for 778 half-sibling pairs. In 35 pairs (4.49%) half-sibling probabilities over 90.0% could be calculated. Additional investigation of RFLP single locus probes did not lead to a more reliable evaluation of these results. The combined investigation of autosomal STRs and RFLP single locus probes can satisfactorily solve deficient paternities but does not contribute to the solution of questioned half-sibships. 相似文献
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Klintschar M Schwaiger P Regauer S Mannweiler S Kleiber M 《Forensic science international》2004,139(2-3):151-154
Forensic Y-chromosome typing applies Y-chromosomal polymorphisms to the analysis of male/female mixed stains such as vaginal swabs in rape cases. The sensitivity of this approach exceeds that of cytological techniques combined with autosomal DNA typing. Y-chromosome typing is based on the assumption that Y-chromosomal DNA found in tissue or secretions of women must originate from a male individual, usually the perpetrator. Nevertheless, it was shown recently that fetal cells can migrate into the female body during pregnancy and can persist for decades ("persisting fetal microchimerism"). The body of a woman after a pregnancy with a male embryo can thus display a small fraction of fetal cells with Y-chromosomes. Using high sensitivity PCR protocols (reamplification with nested primers and up to 60 PCR cycles) fetal cells were previously identified in a number of maternal tissues including skin, blood, muscle and solid organs. It is, however, not clear at present, whether these cells can occur in vaginal secretions, and whether they are capable of producing false positive results in forensic Y-chromosome typing. To evaluate these questions, 66 blood samples of women with at least one son and nine vaginal swabs of women without sexual intercourse in the last 2 weeks were amplified for a stretch of the SRY gene. Eight thyroid gland tissues with already established male fetal microchimerism were used as positive control samples. Blood samples of 10 young girls without history of pregnancy were used as negative controls. Using a PCR with 10 ng of extracted DNA and 30 PCR cycles ("routine sensitivity assay") none of the samples yielded positive results. However, in a PCR with 200 ng of extracted DNA and 45 PCR cycles ("high sensibility assay"), 14% of the blood samples of mothers and 33% of the vaginal swabs amplified for SRY. Our results thus show that increasing the sensitivity of the PCR method and the amount of template DNA produce positive results while protocols used for routine Y-chromosomal typing with small amounts of DNA (approximately 10 ng of DNA) and with a limited number of PCR cycles (approximately 30) can clearly eliminate this peril. 相似文献
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M. Nastainczyk S. Schulz M. Kleiber U.D. Immel 《Forensic Science International: Genetics Supplement Series》2009,2(1):53-54
Analysis of short tandem repeat (STR) markers currently represents the most useful instrument in the field of forensic genetics. The problem with forensic material is the degradation of the sample material. In recent years, several papers have demonstrated that short amplicon STR (miniSTR) represents one of the most useful tools for analyzing degraded DNA samples.In the present study, we attempted to develop a short amplicon STR multiplex system (autosomal and y-chromosomal) for analyzing degraded DNA using some newly designed primer sets for a multiplex polymerase chain reaction (PCR) systems for typing.An assay of degraded DNA samples using the designed multiplex systems, including artificially degraded samples and degraded forensic casework samples, proved remarkably effective. Comparing the multiplex with commercial kits, first results show a well success rate. 相似文献