Policy processes sans frontières: interactions in transnational governance of global health

Policy Sciences - National policy on global health (NPGH) arenas are multisectoral governing arrangements for cooperation between health, development, and foreign affairs sectors in government...     

Eithne Dowds: Feminist Engagement with International Criminal Law: Norm Transfer,Complementarity, Rape and Consent

Feminist Legal Studies -     

Policy reforms in sub-Saharan Africa: Conditions for establishing a dialogue

Third World debt continues to be a critical and intractable issue. A particularly interesting aspect of the story is the effort by external donors and lenders to promote specific policy changes in exchange for assistance in dealing with indebtedness and promoting economic development. This study looks at the interactions between donors and decision-makers in sub-Saharan African countries, an area where donors rather than private banks play a dominant role. Donors have been learning from the uneven response to the reforms and are attempting to tailor the reforms somewhat to different contexts and to encourage more consultations. To succeed in these efforts they need to reexamine their view of analysis as a purely technocratic exercise among experts. They can learn from recent changes in the policy sciences, here called an interactive approach to policy analysis. It makes three assumptions: policy relevant knowledge includes time and space information and is diffused; participants can reason together and learn from each other; and there is a need for procedures and institutions to facilitate interaction and learning. The study explores the assumptions implicit in donor actions and proposes that an interactive approach, with its more open-ended perspective on knowledge, can stimulate greater dialogue and expand the kinds of information that are fed into the process. Louise G. White is associate professor in the department of public affairs at George Mason University, Fairfax VA 22030–4444. Her research is in the general areas of development management and policy analysis. Her most recent books areCreating Opportunities for Change: Approaches for Managing Development Programs, andPolitical Analysis: Technique and Practice. She has recently published articles inPublic Administration Review andWorld Development.     

Legal Professionalism and International Criminal Proceedings

In criminal practice before international tribunals, the boundariesbetween lack of professionalism (serious misconduct) by prosecutionand taking an erroneous position on the law (procedural error)are particularly blurred, if only because the backgrounds andexpectations of all persons involved in the proceedings areprofoundly different and the playing field is still insufficientlydefined. This is illustrated by the Furundija case brought beforean International Criminal Tribunal for the former Yugoslavia(ICTY) Trial Chamber in 1998. In that case the Chamber heldthat the prosecution, by failing to disclose a document to thedefence, had both engaged in serious misconduct and made a seriousprocedural error. Instead, the Lord Advocate and the Crown Agentof Scotland, later consulted by the ICTY Prosecutor, concludedthat there had only been an error of judgment. National caselaw, for instance that of Canadian courts, makes it clear thata good faith decision not to disclose a document, made in theexercise of professional judgment on a difficult and novel issue,may constitute an error of judgment, but certainly does notamount to misconduct.     

Introducing a New Diminished Responsibility Defence for England and Wales

A divisive law from the outset, the diminished responsibility defence has continued to arouse criticism since its inception over fifity years ago under section 2 of the Homicide Act 1957. Increasing pressure from academics, practitioners, and mental health professionals, among others, to restructure the law has resulted in a reformulation of the wording of section 2 under the unassuming auspices of section 52 of the Coroners and Justice Act 2009. This paper examines the new definition of diminished responsibility on two levels: the broader context and structural significance of the Act and section 52's place within it; and, the technical detail of the section itself. In so doing, consideration is given as to whether the new law appeases the critics of the old, in addition to whether the Government has succeeded in bringing to bear its objectives of clarity, fairness and effectiveness.     

Fading lies: applying the verifiability approach after a period of delay

ABSTRACT

We tested the utility of applying the Verifiability Approach (VA) to witness statements after a period of delay. The delay factor is important to consider because interviewees are often not interviewed directly after witnessing an event. A total of 64 liars partook in a mock crime and then lied about it during an interview, seven days later. Truth tellers (n?=?78) partook in activities of their own choosing and told the truth about it during their interview, seven days later. All participants were split into three groups, which provided three different verbal instructions relating to the interviewer’s aim to assess the statements for the inclusion of verifiable information: no information protocol (IP) (n?=?43), the standard-IP (n?=?46) and an enhanced-IP (n?=?53). In addition to the standard VA approach of analysing verifiable details, we further examined verifiable witness information and verifiable digital information and made a distinction between verifiable details and verifiable sources. We found that truth tellers reported more verifiable digital details and sources than liars.     

Challenges in donor–NPO relationships in the context of corporate social investment

ABSTRACT

The purpose of this article is to highlight challenges in the relationship between corporate donors and recipient NPOs within the context of corporate social investment (CSI) in South Africa and to link the relational challenges to problems NPOs face in general. It is theoretically argued that CSI forms an important part of sustainable development and that NPOs, in turn, form an integral part of many organisations’ social investment. The challenges faced by them need addressing for the sake of NPOs, donors and society as a whole. It was found that although the stakeholder relationship generally shows both positive and negative perceptions of the parties involved, the challenges that exist can be traced to challenges in the everyday functioning of NPOs, including resource limitations and dependence; staffing problems; and strategy, management and environmental challenges. These challenges facing NPOs manifest in their relationship with donors and can be seen in the power imbalance in the relationship that favours donors, the lack of transparency by NPOs, divergent views on commitment, the questioned competence of NPOs, time constraints in the execution of activities, a perceived incomprehension by NPOs of the realities of the business world, and an unwillingness on the part of donors to allow NPOs some decision-making power.     

A follow-up study of sex offenders treated by Thames Valley Sex Offender Groupwork Programme, 1995–1999

The following paper is a reconviction study of 183 sex offenders treated by the Thames Valley Project between 1995 and 1999. Some demographic details are provided about the sample. Subjects were monitored for a mean of 3.9 years. A total of 10 subjects (5.4% of total) were reconvicted for a further sexual offence. A further 19 men (10.3%) either had allegations made against them or committed a behaviour that may have involved or been the preparation for further sexual offending, defined here as “recidivism”. Details about post-treatment behaviour were drawn from three sources: two national police databases which indicated any formal sexual reconviction and the files kept on each sex offender registered with Thames Valley Project (TVSOGP), a multi-funded community-based sex offender treatment programme. The pre-treatment re-conviction risk status of each man was calculated using part one of the Risk Matrix 2000 algorithm (static factors). Risk levels were compared for those where reconviction, re-offending or recidivism was identified and those where it was not and a correlation was found in the predicted direction although this was not statistically significant. The advantages and limitations of this kind of follow-up study are discussed, together with some recommendations for future research.