The Russian case for military intervention in Georgia: international law,norms and political calculation

Abstract

The Russian military intervention in Georgia in August 2008 has raised significant questions about Russian thinking and practice on the legitimate use of military force abroad, especially in relation to neighbour states. The arguments advanced by Russia to justify this campaign show how Russian interpretations of customary international law as well as norms related to the use of force have served as an instrument of state policy, rather than being rooted in any broader international consensus. The Russian discourse in this context about sovereignty, self-determination and the legitimacy of recognising South Ossetia and Abkhazia as states appears similarly to be strongly influenced by political self-interest and Russian views about its entitlement within the Commonwealth of Independent States (CIS) region. Among Russian claims, Moscow's commitment to support its ‘citizens’ abroad has been particularly controversial. This article examines these issues and also the possibility that, through its justifications for waging war against Georgia, Russia is more broadly contesting the interpretation of certain international norms, that it regards as essentially constructed by Western states. Some potential implications of these legal and normative arguments for future Russian policy in the CIS region, including Ukraine, are also examined.     

Consociational settlements in deeply divided societies: the liberal-corporate distinction

Consociationalism is often proposed for societies deeply divided along ethnic lines, yet its recommendation remains contentious. Critics argue that it has a low rate of adoption, results in political immobilism, and entrenches the divisions it seeks to alleviate. Overlooked in much of the criticism, however, is the distinction between liberal and corporate forms of consociationalism, alternatively premised on the self-determination or predetermination of the ethnic groups involved in power-sharing. The article considers whether the critiques apply equally to both versions. Corporate consociation freezes a particular inter-group configuration in time, leading to drawn-out executive formation and, in some cases, to a cementing of divisions. However, liberal consociation runs into its own difficulties: consociational settlements are generally negotiated at the very point at which group identities are most politically salient and divisive. Under these conditions, groups are unlikely to settle for anything other than a guarantee of their share in power, thus making liberal consociationalism less likely to be adopted in negotiated settlements. The article also considers the factors enhancing the adoption of liberal consociational rules.     

Applying Black's theory of law to crack and cocaine dispositions

Since crack cocaine first appeared on the streets of the United States, the criminal justice system has been overwhelmed with poor, minority drug offenders. This situation can be attributed in part to the existence of mandatory minimum sentences that treat violations associated with crack cocaine more harshly than those associated with powder cocaine. Using data from New York City, the present study uses Black's theory of law to help understand discrepancies in crack and cocaine dispositions. Results show mixed support for Black's propositions. Racial minorities are more likely to be charged with a felony and receive longer prison sentences compared to Whites. Implications of the study and directions for future research are discussed.     

A tribute to Earl A. Thompson and, in his own words, a summary of his general economic and social theory

Brilliant but little known, in part because his style was dense and crucial papers unpublished, Earl Thompson reformulated standard theory to achieve policy relevance, focusing on significant rent-seeking inefficiencies stemming from private information and transaction costs. Drawing on history, he showed a vast array of institutions to be efficient which economists had previously found to be inefficient, modeled governments and their nature, defined government’s functions, and showed why dominant states rise and fall.     

The evaluation of human hand odor volatiles on various textiles: a comparison between contact and noncontact sampling methods

The focus of this study is to compare contact and noncontact human scent collection procedures across an array of textiles (cotton, rayon, polyester, and wool) to determine an optimized collection method for human scent evidence. Six subjects were sampled in triplicate for each textile and collection mode, and the samples were then analyzed through headspace solid-phase micro-extraction in combination with gas chromatography/mass spectrometry (SPME-GC/MS). Contact sampling with cotton material has been shown to be the collection method that yielded the greatest number of volatile compounds and the highest scent mass amounts. Through Spearman rank correlations, it was shown that an individual's scent profile is more reproducible within samples collected on the same textile type than between different materials. Furthermore, contact sampling with cotton fabric demonstrated the greatest reproducibility producing the lowest amount of type I and type II errors with 90.85% of the samples distinguished at the 0.9 match/no match threshold.     

Self-Reported False Confessions and False Guilty Pleas among Offenders with Mental Illness

Persons with mental illness may be at risk for false admissions to police and to prosecutors because of the defining characteristics of mental illness, but potentially because of heightened recidivism rates and increased opportunities. We surveyed 1,249 offenders with mental disorders from six sites about false confessions (FCs) and false guilty pleas (FGPs). Self-reports of FC ranged from 9 to 28%, and FGPs ranged from 27 to 41% depending upon site. False admissions to murder and rape were rarely reported. We also examined differences between those claiming false admissions and those not. Minorities, offenders with lengthier criminal careers, and those who were more symptomatic were more likely to have self-reported false admissions than their counterparts.