The European Court, National Judges, and Legal Integration: A Researcher's Guide to the Data Set on Preliminary References in EC Law, 1958--98

We hope to stimulate more systematic research on all areas of legal integration by making available for free and open use a comprehensive data base on preliminary references in EC law. The Data Set, which has been under construction since 1996, is now online at various websites. The data are not publicly accessible elsewhere. In this article, we provide a brief summary of the data base and its potential uses. We begin by introducing the main features of the Data Set. We then discuss some of the dynamics of legal integration in light of our analyses of the data.     

Garden of Eden? The impact of resettlement on squatters' ‘agri-hoods’ in Fiji

Since the mid 1990s, squatter settlements in Fiji have been expanding at a phenomenal rate, largely due to the non-renewal of agricultural land leases and inadequate urban governance. In response to squatter growth, the government of Fiji has implemented a squatter-resettlement scheme. This scheme threatens the livelihoods of squatters engaged in urban agriculture, or ‘farming squatters’. In this article, interviews with key informants and squatter residents will reveal contrasting attitudes and approaches to the issue of ‘farming squatters’. The article suggests a more participatory process to address the needs of ‘farming squatters’.     

Courts' misplaced confidence in psychiatric diagnoses

In considering psychiatric evidence, criminal justice systems make considerable use of labels from official psychiatric classificatory systems. There are legislated requirements for psychological and/or behavioural phenomena to be addressed in legal tests, however medico-legal use of the current categorical diagnostic frameworks which are increasingly complex is difficult to justify. The lack of validity in large domains of the present classificatory systems is now more openly acknowledged, prompting a critical rethink. Illustrative examples include post-traumatic stress disorder, various personality disorders, and dissociative identity disorder. It follows that the Courts' faith in the present categorical classifications (e.g., DSMIV and ICD10) is misplaced and may be ultimately unhelpful to the administration of justice.     

Of cabbages and King Cobra: Populist politics and Zambia's 2006 election

Zambia's 2006 election was won by incumbent President Levy Mwanawasaand his Movement for Multi-Party Democracy (MMD). However, itis argued here that the most important outcome of the campaignwas the successful articulation of a new populist politics byMichael Sata's Patriotic Front (PF), which won a significantmajority in urban areas. Sata's attacks on foreign investors(particularly from China) for their abuse of the workforce andtheir supposedly corrupt relationship with the MMD resonatedwith urban Zambians, already angered by the negative impactof economic liberalization. PF's campaign injected popular socialdemands into what had become a moribund political debate. TheMMD government is now adopting PF policies in an attempt torestore its own urban support base. The article describes thecampaign and its outcomes, contrasting the political discourseof the MMD and PF and analysing the differences in voting behaviourbetween rural and urban Zambians. It argues that recent reliefof 92 percent of Zambia's international debt, along with therenewed profitability of the copper mining industry, have createdconditions for the re-emergence of a nationalist-developmentalpolitical framework.     

Liberals and Australian Foreign Policy*

Since the Second World War, Liberal governments trying to adapt to a rapidly changing international environment have been mindful of Australian interests, and especially the ongoing search for security. Adapting to declining British power, to militant communism in East and Southeast Asia, and to a new, under‐defined alliance with the United States was no easy task. The Colombo Plan for aid to South and Southeast Asia and the dismantling of the White Australia Policy represented two forms of positive engagement with Asia. Since the 1970s, Liberal governments have played significant roles in the strengthening of the Commonwealth; strengthening ties with key countries in Asia; and maintaining a sometimes problematic security relationship with the United States. On this latter point, however, the most recent Liberal governments have not performed well, in becoming more subservient to the Americans.