Hague Case Law — Latest Developments

Netherlands International Law Review -     

Five Words for Assisted Dying

Motivated by Lord Joffe’s Assisted Dying for the Terminally Ill Bill, but with one eye on any possible future legislation, I consider the justifications that might be offered for limiting assistance in dying to those who are suffering unbearably from terminal illness. I argue that the terminal illness criterion and the unbearable suffering criterion are not morally defensible separately: that a person need be neither terminally ill (or ill at all), nor suffering unbearably (or suffering at all) to have a right to assisted dying. Indeed: I shall suggest that the unbearable suffering criterion undermines the Bill (or any proposal like it) wholesale. On the other hand, the criteria taken together are defensible, and this defence would be built on a concern for the protection of the vulnerable. However, I also claim that this implies that the law might justifiably—and maybe even properly—aim to prevent a person from gaining access to that to which they have a serious moral right. This seems paradoxical, and, towards the end of the paper, I seek to tease apart the paradox.     

HLA DQ alpha typing of forensic specimens by amplification restriction fragment polymorphism (ARFP) analysis.

The alleles present at the HLA DQ alpha locus may be typed by either allele specific oligonucleotide (ASO) probing or by restriction mapping, referred to here as amplification restriction fragment polymorphism (ARFP) analysis. ASO typing relies upon hybridization principles, whereas ARFP typing relies upon restriction site analysis. Dot-blot ASO typings which are of doubtful interpretation may be directly checked by ARFP analysis. Aliquots of the PCR products amplified using the commercial Amplitype HLA DQ alpha system are digested with suitable restriction endonucleases. Electrophoresis, blotting and detection of biotin-labelled restriction fragments provides a sensitive and robust typing method suited to forensic analysis.     

Legislative Basics of Legal Interpretation

The main purpose of legal interpretation is to create conditions for the effective functioning of law and its components by clarifying their true content, which eliminates any doubts and ambiguities. The purpose of this article is: first, to analyze the provisions of current Ukrainian legislation for identifying the general approaches embodied in it and the principles for the implementation of legal interpretation activities by state power bodies; secondly: presentation on the basis of modern achievements and developments of legal science of the system of measures for standardization of such activity, bringing it in line with the needs of law enforcement practice. The solution of the set tasks was carried out using the method of philosophical dialectics, a system of general scientific and special scientific methods of cognition, which are based on the principles of objectivity, comprehensiveness, complexity. Based on the analysis of the normative material, it is concluded that there is no single harmonized approach in the Ukrainian legislation on the procedure for providing clarifications of the content of normative-legal acts. The authors give arguments on the need to clarify and streamline the legal interpretation activity by state bodies and propose a number of measures to achieve this goal. Based on the conducted analysis of the normative material, the authors outline the main problematic issues of the legislative definition of the basics of legal interpretation and provide specific proposals for improving the current legislation in this area.

     

Obligation-based bribes in Vietnam: A view from the norm of reciprocity

Crime, Law and Social Change - Studies of bribery have been heavily influenced by the cost/benefit calculation, leaving social relationship of the involved parties under-explored. We propose the...     

The Ocean of Yoga: An Unpublished Compendium Called the Yogārṇava

Journal of Indian Philosophy - The Yogār?ava (‘the ocean of yoga’) is a Sanskrit compendium on yoga that has not been published, translated or even mentioned in secondary...     

Does counter-mobilization contain right-wing populist movements? Evidence from Germany

Right-wing populist (RWP) movements have been on the rise in Western democracies. Outside of party politics, such movements regularly organize demonstrations against political elites and minority groups. At the same time, civil society coalitions have mobilized against these movements. Yet we know little about the effect of counter-demonstrations on RWP protest activities. We derive competing theoretical expectations from previous work. On the one hand, counter-mobilization reduces mobilization because the original movement is less likely to achieve its goals (expected utility/costs). On the other hand, clashes and standoffs between opposing movements facilitate mobilization through polarization and anger (identity/emotions). We empirically analyze movement–countermovement dynamics using a new city-level event dataset on street protests by the German Pegida movement and its opponents. In our quantitative analysis, we investigate how counter-mobilization is associated with the onset of Pegida protests, their intensity in terms of participant numbers, and their demobilization. Counter-mobilization does not prevent protest onset, but large counter-demonstrations are associated with larger subsequent Pegida protests, and violence against Pegida supporters reduces the likelihood that they will stop protesting.     

The Legacy of Violence on Post-Civil War Elections: The Case of El Salvador

Over the last several decades, numerous civil wars have ended as a consequence of negotiated settlements. Following many of these settlements, rebel groups have made the transition to political party and competed in democratic elections. In this paper, I assess the legacy of civil war on the performance of rebel groups as political parties. I argue that the ability of rebels to capture and control territory and their use of violence against the civilian population are two key factors explaining the performance of rebels as political parties. I test these hypotheses against the case of the Farabundo Martí National Liberation Front (FMLN) in El Salvador using one-way ANOVA and multivariate regression analyses. In analyzing the FMLN’s performance in the 1994 “elections of the century,” I find that, as a political party, the FMLN benefited both from the state’s violently disproportionate response and its ability to hold territory during the war.     

The COVID Cash Transfer Study: The Impacts of a One-Time Unconditional Cash Transfer on the Well-Being of Families Receiving SNAP in Twelve States

There is growing interest in the use of unconditional cash transfers as a means to alleviate poverty, yet little is known about the effects of such transfers in the U.S. This paper reports on the results of a randomized controlled study of a one-time $1,000 unconditional cash transfer in May 2020 to families with low incomes in 12 U.S. states. The families were receiving, or had recently received, Supplemental Nutrition Assistance Program benefits. We examine the impact of the cash transfer on five pre-registered outcomes (material hardship, mental health, parenting, child behavior, partner relationships) and several secondary outcomes (hardship avoidance, consumption, employment, benefit use). We find no statistically significant effects (powered to detect effects of 0.09 standard deviations) of the cash transfer on any outcomes for the full sample. In pre-specified exploratory analyses, we find significant reductions in material hardship (-0.17 standard deviations) among families with less than $500 of earnings in the previous month, roughly the bottom 50 percent of monthly earnings for the study sample.