Humanitarian Emergencies and the International Criminal Court (ICC): Toward a Cooperative Arrangement between the ICC and UN Security Council

Erratum . International Studies Perspectives 6:4, 431-466
This article analyzes the role of humanitarian intervention in bringing together the International Criminal Court (ICC) and the UN Security Council. It argues that a framework for cooperation between the ICC and Security Council is needed to facilitate a coordinated response to humanitarian emergencies. One of the concepts explored is a mutual legitimacy push, or how the ICC and Security Council can lend effective assistance to one another when responding to humanitarian emergencies. Such a push will not only serve to enhance a response to humanitarian disasters but also close the "critical gap" between the moral legitimacy of international humanitarian action and the legality of the UN Charter. The article concludes that a cooperative relationship will not politicize the ICC, and that the ICC and the Security Council, can, through institutional re-engineering, achieve mutual political benefits.     

On the economics of plagiarism

Cheating and plagiarism can involve the transgression of intellectual property rights across many areas of life. When a direct financial benefit from such practices is identifiable, the opportunity to seek legal redress is available via civil court action. When it is undertaken by a public official it may constitute malfeasance. Yet in the case of breaches of university regulations (from the growing number of student cheating and plagiarism incidents) subsequent legal intervention may be characterised by situations where the university is the defendant and the alleged plagiarist is the plaintiff (seeking compensation for interrupted study and/or tarnished reputation). University defences can flounder around the issue of proving intent to deceive. What can they do to try to prevent such occurrences? This paper uses economic analysis to examine such issues. Economic models of plagiarism motivated primarily by (i) time-saving and (ii) dishonesty are developed to help frame the discussion. Both model approaches overlap in their implications, namely, ensuring that sufficient resources are devoted to monitoring coursework (to increase the probability that cheating and plagiarism are detected) and of providing sufficiently clear and severe institutional penalties (to counter-balance any expected benefits that the student may perceive to be available from cheating and plagiarism). Policy proposals are raised for further debate and consideration.     

Corporate Ownership and Control in the UK: The Tax Dimension

While generally the impact tax has on patterns of corporate ownership and control has received little attention in the relevant academic literature, this paper argues that tax is potentially an important determinant of ownership patterns in large companies. The paper focuses on historical developments in Britain, where an 'outsider/arm's-length' system of corporate governance took shape during the twentieth century and became fully entrenched by the end of the 1970s. Taxes imposed on corporate profits, taxation of managerial and investment income and inheritance taxes help to explain why during this period blockholders sought to exit and why there was sufficient demand for shares among investors to permit ownership to separate from control.     

Toleration and Recognition

The author asks: Is there a case for redefining toleration as the recognition of excluded identities? He is inclined to answer no. Liberal democratic states, should of course recognise disfavoured groups by registering the normality of their members and the justice of their claims but must resist recognition in any stronger sense. Appropriate recognition consists in confronting the live contemporary issues of exclusion and of ethnic and national injustice by compensatory policies and constitutional innovations.     

Transcending Dualistic Thinking in Conflict Resolution

Dualism, a doctrine espousing that everything in the universe is divided into polar opposites, is a defining characteristic of social discourse around the world. This article examines this phenomenon and suggests that dualism's centrality in language, thought, and action produces divisiveness and limits conflict resolution options. This essay proposes that more dynamical systems of interpretation originating from a broad range of disciplines including linguistics, the physical sciences, and Eastern religions can be useful in a variety of conflict resolution situations because they encourage more complex and creative thinking.