The European Union and Mutual Assistance: More than Defence

Abstract

The first activation of the European Union’s “Mutual Assistance Clause”, following the 13 November 2015 terrorist attacks in Paris, demonstrated that this article can be used very flexibly, not just to help defend French territory but also its expeditionary operations. But if flexibility is an asset, improvisation is not. In order to maximise the potential of the clause, the role of the EU institutions needs to be clarified, in addition to that of the member states, and new capacities must be created at the EU level, notably in intelligence and planning.     

Five Areas of Value Judgement in Local Adaptation to Climate Change

Abstract

Climate change has generated several new theoretical and policy challenges, many of which concern how local communities ought to adapt to a warmer climate. This paper identifies and analyses a number of value judgements that come to the fore as local authorities adapt to climate change. Five categories of judgements are discussed: evaluation (how should the consequences of adaptation be evaluated?), timing (when should adaptive action be taken?), distribution (how should the benefits and burdens of adaptation be distributed?), procedures (who should be involved in adaptation decision making?), and goal conflicts (how should goal conflicts in adaptation be dealt with?). For each category, further research is needed to assist decision making at the local level.     

Corruption in the Informal Sector: Evidence from West Africa

Using a unique dataset, this paper analyses the causes and impacts of bribery in the informal sector in West Africa. It investigates the determinants of the incidence of bribery and the magnitude of the bribes actually paid. Our results show that the mechanisms at play are no different than those found for the formal sector by other authors. With respect to the impacts of corruption on a firm’s performance, our findings show that experience of corruption increases business performance, but that this effect is driven by just one category of informal firm: constrained gazelles.     

Measurement of Postmortem Pupil Size: A New Method with Excellent Reliability and Its Application to Pupil Changes in the Early Postmortem Period

Measurement of postmortem pupil width is a potential component of death time estimation. However, no standardized measurement method has been described. We analyzed a total of 71 digital images for pupil–iris ratio using the software ImageJ. Images were analyzed three times by four different examiners. In addition, serial images from 10 cases were taken between 2 and 50 h postmortem to detect spontaneous pupil changes. Intra‐ and inter‐rater reliability of the method was excellent (ICC > 0.95). The method is observer independent and yields consistent results, and images can be digitally stored and re‐evaluated. The method seems highly eligible for forensic and scientific purposes. While statistical analysis of spontaneous pupil changes revealed a significant polynomial of quartic degree for postmortem time (p = 0.001), an obvious pattern was not detected. These results do not indicate suitability of spontaneous pupil changes for forensic death time estimation, as formerly suggested.     

Homicide clearance in Sweden 1990–2013 with special reference to firearm-perpetrated homicides

Studies on homicide clearance in the Scandinavian context are very rare. In this article, we explore the homicide clearance rate in Sweden with special reference to firearm-perpetrated cases. The study is based on homicide research data collected by the Swedish National Council for Crime Prevention, comprising all 2160 homicides known to the Swedish authorities during the period 1990–2013. The annual clearance rate varied between 74 and 90%, with an overall minor decrease since the 1990s. However, there has been a considerable decrease in the clearance rate for firearm-perpetrated homicides. It can be concluded that this decrease is due to a shift in the characteristics of firearm-perpetrated offences, with homicides committed in public places against criminally active male victims having become more frequent. This finding is generally consistent with theories which argue that homicide clearance rates are predominantly affected by case-specific, non-discretional factors beyond the control of the police. The practical implications of the study are that investigative efforts should be more intense in cases where a male has been shot in a public place, and that homicides related to criminal milieus should be investigated by specialized units.     

A formal representation of declaration-related legal relations

A formal language is introduced that contains expressions for the dependency of a legal relation on the claims that the concerned individuals make and on the permissions that they grant. It is used for a classification of legal relations into six major categories: categorical obligation, categorical permission, claimable obligation, grantable permission, claim-dependent obligation and grant-dependent permission. Legal rights may belong to any of these six categories, but the characteristics of a right-holder are shown to be different in each of the six types.     

Putrefaction and wound dehiscence: a potentially confusing postmortem phenomenon

The decomposed body of a 49-year-old man was found at his home address. At autopsy, 3 incised wounds of the lower abdomen and groins were identified, raising the possibility of some form of inflicted injury. Further dissection revealed that the wounds were healing surgical incisions that had been forced open by putrefactive tissue breakdown, swelling, and gas formation. Death was due to ischemic heart disease. Putrefaction is a common problem encountered in forensic practice that may result in considerable distortion and modification of tissues. Unusual skin lesions caused by the disruption and dehiscence of healing surgical wounds may be created by decomposition. This possibility should be considered when symmetrical, cleanly incised wounds are identified.