Einzige Ausführung der Nichtigkeitsbeschwerde

§ 285 Abs 1 StPO l?sst ausdrücklich nur eine (einzige) Ausführung der Nichtigkeitsbeschwerde zu. Wird im Fall der neuen Ausl?sung der Ausführungsfrist infolge neuerlicher Urteilszustellung nach Protokollberichtigung (§ 271 Abs 7 letzter Satz StPO) oder Urteilsangleichung innerhalb dieser Frist eine (neue) Ausführung der Nichtigkeitsbeschwerde eingebracht, ist letztere die einzig wirksame. Die frühere (vor Urteilsneuzustellung eingebrachte) Ausführung wird durch die Neueinbringung gegenstandslos und damit unbeachtlich. Nur wenn der Nichtigkeitswerber die Einbringung einer neuen Ausführung unterl?sst oder sich mit der – nicht einer eigenst?ndigen Ausführung gleichkommenden – Erkl?rung begnügt, die bereits eingebrachte Ausführung aufrechtzuerhalten bzw blo? auf diese zu verweisen, beh?lt die frühere (sodann weiterhin einzige) Ausführung Wirksamkeit. In der Ausführung der Nichtigkeitsbeschwerde enthaltene Verweise auf andere Rechtsmittelschriften sind unbeachtlich.     

The right of withdrawal in the treaty of Lisbon: a game theoretic reflection on different decision processes in the EU

The ways of decision-making within the EU have significantly changed in the last decades: The rule of unanimity has been more and more substituted by majority voting in order to speed up decision-making processes in a Union of 27 heterogeneous member states. A third possibility is now offered by the Lisbon Treaty including a constitutional right of withdrawal. A member state encountering a loss in its benefits caused by a decision made by majority voting may now demand compensating transfers by using the right of withdrawal. It might threaten to leave the EU if the compensation is denied. Hence, does this mean that member states now have regained a negotiation power comparable to the right to veto? Using a game theoretic approach we investigate the amount of compensating transfers to be offered under majority decisions with exit option compared to decisions requiring unanimity.     

Order and commerce in turbulent areas: 19th century lessons, 21st century practice

The recent collapse of some states, the proliferation of internal wars and of localized political authorities, so‐called ‘warlords’, challenges the homogeneity of the international system of states at its margins. These new fragmented authorities often rely upon commercial deals with outsiders to consolidate their power. This threatens officials in strong states who depend upon organized states everywhere to control their realms and control their citizens' transactions, including with terrorists and criminals. Widespread direct rule by western powers, as in Iraq, Afghanistan, Kosovo, and Bosnia, is too expensive and politically risky to apply to all disorderly parts of the globe. Instead, officials in powerful states use techniques of indirect control that utilize commercial networks to pacify disorderly areas. This strategy resembles techniques developed in 19th century European relations with stateless areas. Similar problems develop as well. This led in the 19th century to direct rule, while contemporary officials are forced to experiment with more intensive use of commercial relations to pacify unruly areas.     

The Politics of Debt and Development in the New Millennium: an introduction

This article serves as an introduction to this special issue of twq on ‘Debt and Development in the New Millennium’. It highlights the gaps in our knowledge about debt that the following contributions seek to fill and why this is important, both analytically and politically. In doing so, it discusses two core objectives of the special issue: first, to examine the role(s) that debt plays in mediating the underlying tensions of neoliberal-led development and its emphasis on market-led growth and poverty reduction schemes; and, second, to interrupt, contest and deconstruct the dominant economic representations and meanings of debt. Although the contributions draw on different theoretical frames to explore different features of debt across a variety of social spaces, a core hypothesis running through each article is that that there are additional complex and paradoxical dimensions to debt beyond what is represented by its common-sense economic meaning as an amount of money borrowed, voluntarily, by one party from another. This introductory article concludes by providing the reader with an overview of each contribution comprising the special issue.     

Socially responsible investment and the development agenda: peering behind the progressive veil of non-financial benchmarking

One of the most striking trends in global development finance has been the growing role of Western-based, institutional investors. Pension funds in particular have played a leading part in supplying capital to publicly traded corporations in emerging market economies. An important feature of this type of financing has been the trend to make investment conditional not only on sound economic fundamentals, but also on a series of non-financial (or social) risk indicators (eg meeting labour standards and human rights). Despite the significance of non-financial benchmarking, these strategies have not been subjected to critical analysis, especially with regard to their wider impact on the reproduction of the mainstream development paradigm. This article addresses this gap by focusing on the benchmarking strategies of one of the world's largest pension funds: the California Public Employees' Retirement System (Calpers). Calpers's rating instrument, the Permissible Country Index (pci), employs both financial and non-financial risk indicators to screen its investments in 27 emerging markets. I argue that, despite its progressive sheen, the pci not only reproduces but also reinforces neoliberal forms of discipline and exploitation in the global South. It does this through coercive measures, such as divestment (ie removing a country from the pci), as well as through the construction of specific forms of knowledge that act to normalise the expansion and restructuring of spaces of capital in the global South.     

The Transnational Debt Architecture and Emerging Markets: the politics of paradoxes and punishment

The Argentine default at the end of 2001 highlighted the ongoing problems plaguing the existing transnational debt architecture, namely the tensions between creditor rights and human rights. While these debates have thrown important light on what needs to be done in terms of improving the transnational debt architecture, few studies have actually attempted to evaluate critically the manner in which transnational debt has been managed since the outset of the Bretton Woods system in 1944. I argue that the postwar informal arrangement governing transnational debt architecture not only helps augment the power of credit to serve as an effective form of social discipline, but that it is also profoundly contradictory. Through an historical survey, spanning the beginning of the Bretton Woods system to the recent Argentine default, I demonstrate that the informal nature of the transnational debt architecture, coupled with the mounting power of global financial capitals over debtor states, has played a major role in bringing about increased levels of volatility and vulnerability in the international credit system.     

Public Sector Commissioning: Experiences of Voluntary Organizations Delivering Health and Social Services

The perceived benefits to users and beneficiaries of voluntary organizations delivering public sector services have been well documented and include the engagement with parts of society that the state cannot reach, personalized service delivery, and improved services. There is a lack of clarity, however, as to whether these perceived benefits are being realized. This article presents the experiences of voluntary sector organizations involved in public sector commissioning. The research suggests that the public sector is limiting the voluntary sector's engagement in service design and performance monitoring. These findings raise questions about the role of the voluntary sector in public service provision.     

Application of operational psychology to assessment of inmates

Abstract

The newly developed actuarial risk instruments, Static-2002 (Hanson & Thornton, 2003a) and Risk Matrix 2000 (RM2000) (Thornton et al., 2003), were cross-validated and compared with Static-99 (Hanson & Thornton, 2000) in a retrospective follow-up study of 304 forensic psychiatrically evaluated sexual offenders (mean time-at-risk=14.8 years). All instruments predicted any sexual, non-sexual violent and any violent recidivism moderately for child molesters [area under the curve (AUC) of the receiver operating characteristic (ROC)=0.67 (95% CI=0.57–0.77) to 0.76 (95% CI=0.68–0.85)] but poorly for rapists [AUCs=0.64 (95% CI=0.51–0.70) to 0.68 (95% CI=0.59–0.77)]. The instruments also predicted severe sexual recidivism moderately for child molesters [AUCs=0.74 (95% CI=0.63–0.86) to 0.79 (95% CI=0.70–0.89)] but were of no value in informing on this outcome for rapists [AUCs=0.58 (95% CI=0.47–0.68) to 0.63 (95% CI=0.53–0.73)]. AUC estimates were generally higher for Static-2002 and RM2000 than for Static-99, but no single instrument demonstrated statistical superiority. The study provides support for implementing actuarial instruments in applied risk assessments of child molesters.