Presidential mandates and ministerial institutions: Summitry of the Americas, the Organization of American States (OAS) and the Inter-American Development Bank (IDB)

The periodic Summits of the Americas are the highest form of regional multilateralism in the Western Hemisphere, but summits lack their own means to implement their mandates. Hence, Summit Plans of Action assign many initiatives to existing regional institutions, especially the Organization of American States (OAS) and the Inter-American Development Bank (IDB). But a notable difference exists in the character and degree to which these two institutions have responded to their unfunded mandates, in that the OAS has become “nested” under the hierarchy of summitry, while the IDB has eschewed subordination in favor of a “parallel” relationship pursuing largely convergent activities. Relying on extensive interviews and reviews of open source and internal documents, six variables are found to explain this differential response: ministerial authorities, competing mandates, institutional missions, internal structures, membership and leadership. Yet for both regional institutions there remains a wide gap between the directives emanating from the Summits and what the two regional institutions have been—and could be—accomplishing. The study concludes with recommendations to improve institutional design. JEL codes L31 · F42 · F02 · D73 · F1     

Passports, Mobility, and Security: How smart can the border be?

After September 11, 2001, a great deal of public and policy attention has been devoted to border security, passports, and the global mobility regime. This article examines the context of the global regulation of movement of individuals and the evolution of the passport in particular. It then examines the current American border security architecture. The creation of the Homeland Security Department reflects a sea-change in the view of the border, and these new policies are evaluated in regard to three cases: the U.S./Canada border, the document/examination policies at the American borders, and the European Schengen mobility regime.     

INTERNATIONAL PARENTAL CHILD ABDUCTION: WHY WE NEED TO EXPAND CUSTODY RIGHTS PROTECTED UNDER THE CHILD ABDUCTION CONVENTION

The Child Abduction Convention, an international treaty, protects custody rights internationally among its member states by providing a remedy of return in cases where a child was wrongfully removed in violation of a parent's custody right. There is no such remedy for the violation of a parent's access (or visitation) rights. A ne exeat clause in a child custody agreement restrains a custodial parent from removing a child from a predetermined jurisdiction (such as a particular country) and can be issued when there is a risk that the custodial parent might flee to another country with the child(ren). Currently there is a circuit split within the United States as to whether a ne exeat right coupled with the right of access should equal a protected custody right under the Convention. Most international courts protect the ne exeat right under the Convention; however some do not. A ne exeat right should convey a protected custody right for policy reasons. The beneficial implications of a ne exeat right creating a protected custody right under the Child Abduction Convention clearly outweigh the detriments. While there is no instant solution to the inconsistencies among various courts in interpreting the Child Abduction Conventions’ scope in regard to a ne exeat right, there are ways to resolve the problem. If consistency in judicial interpretation cannot be achieved, a movement needs to be initiated to create a protocol to the Child Abduction Convention to further explain the scope of custody rights and ne exeat rights under the Convention.     

Nord-Süd-Differenzen in der globalisierungskritischen Bewegung?

While the global justice movement has often been said to suffer from notable North-South divisions, survey findings from the World Social Forums 2005 (Porto Alegre, Brazil) and 2007 (Nairobi, Kenya) contradict this notion. Logistic regression analyses show no systematic variation between the political attitudes held by respondents from the global North and those held by respondents from the South. While Southern activists are somewhat more likely to hold radically anti-capitalist views than their Northern colleagues, North-South differences regarding the question of whether capitalism should be abolished or reformed are neither robust, nor statistically significant. Response patterns differ, however, between participants from the world-system’s periphery and semiperiphery, as well as between the majority of Latin American participants in the Porto Alegre survey and the majority of African participants in the Nairobi survey. In short, South-South differences among respondents from different world-systemic zones (periphery versus semiperiphery) and socio-geographic regions (Latin America versus Africa) appear to be more pronounced than the oft-assumed North-South differences. The common North-South dichotomy, while quite popular among authors criticizing the notion of an emerging global civil society as empirically inadequate, turns out to miss the mark.     

Teaching criminal investigation: A critical thinking approach

The purpose of this paper is to explore the “critical thinking” approach to teaching and develop those concepts into meaningful instructional activities in the classroom. The authors offer practical suggestions based on the critical thinking philosophy for implementing an active learning approach. The case study method serves as the foundation for an investigative process course and lead-up activity to the simulated preliminary and follow-up investigation. The instructor presents the critical thinking process and content information that enables students to perform five basic progressions: (1) case studies; (2) the preliminary investigation; (3) follow-up; (4) suppression hearing; and (5) moot court criminal justice simulations.     

Factors Associated with Domestic Violence and Sexual Assault Victimization

This study explored factors associated with a lifetime history of domestic violence and sexual assault in a sample of welfare recipients in Illinois. Results indicate that childhood exposure to domestic violence is a risk factor for both sexual assault and domestic violence victimization, but that childhood physical abuse is only a risk factor for domestic violence. Increased education and employment skills and having more children were also risk factors for domestic violence victimization. Domestic violence was significantly associated with depression, while sexual assault was associated with low social support and a greater perceived need for mental health services. Frequent alcohol and drug use were not associated with either type of victimization. Research implications are discussed.