Promoting the Information Society: The EU Directive on Electronic Commerce

On 8 June 2000, the EU adopted the landmark 'electronic commerce' directive, a legal framework for the development of information society services. This article examines the rationale and evolution of EU policy for e-commerce and the key features of the directive. These include establishing the responsibilities of service and intermediary service providers, procedures for concluding on-line contracts and redress and enforcement mechanisms. It also explores the extent to which the directive clarifies the national law applicable to cross-frontier transactions and the relationship between the directive and private international law. The directive makes an important contribution to encouraging trust in the new technologies by establishing an EU-wide model for e-commerce, but it is by no means clear that it goes far enough. The continuing divergence of consumer protection policies and uncertainties about jurisdiction, securing redress, the liabilities of service providers and the status of contracts based upon web-site advertisements may continue to discourage the development of e-commerce in the Community.     

Mueller on European Federation: A Reply from the Perspective of Australian Federalism

Dennis Mueller has recently made a significant contribution tounderstanding issues of federalism and confederalism in theEuropean Union – from a particular public choice point of view. Hefurnishes an important and provocative discussion of therelationship between the decision-making rules embodied in aconstitutional convention (or other means of drafting a form ofunion for constituent states) and the decision-making rules whichwill be contained in the constitution which is the outcome of thatconvention. However, Mueller's veiled preference for a certainideal form of federalism for Europe tends to reduce the parametersof his discussion, and gives his article an unrealistic and narrowfocus, despite its ambitious scope. The present article exploressome of the latent complexities in the public choice analysis anddesign of European integration, particularly by drawing on thewider experience of working federations and theory of federalism,using the unique and synthesizing Australian experience as a pointof departure. It argues that Mueller's analysis is biased towardsthe reduction of decision-making costs of European governance, andthus undervalues the external costs that may be imposed throughexcessive central government.     

What Difference Does a Robe Make? Comparing Mediators with and without Prior Judicial Experience

This article reports the results of two studies. The first study, based on the responses of attorneys to questions about the reasons for the success of mediators with and without prior judicial experience, shows that the capacity of the mediator to gain the confidence of the disputants was most important for mediators with and without prior judicial experience. Although certain process skills were viewed as important to the success of both former judges and nonjudges, in general, process skills were significantly more important for nonjudges than for former judges. The capacity to provide useful case evaluations, on the other hand, was significantly more important for former judges than for nonjudges. The second study, based upon attorney responses to questions about unsatisfactory mediators, reinforced the conclusions of the first study regarding the importance of confidence-building attributes. For both judges and nonjudges, the mediator's inability to gain the confidence of the parties was a major reason for his or her lack of success.     

Calling on Jefferson: the ‘custodiary’ as the fourth estate in the Democratic Project

Aimed at reinforcing the democratic values of freedom of speech and increased diversity in civic access to the means of communication, this paper examines the concept of democracy within an information and communication technology-mediated context. Discussion proceeds with an analysis of orthodox views adopted by Jefferson and the architects of the American Constitution. Building on the Jeffersonian tradition, a critique is presented of present-day, non-transparent constraints on the democratic values of freedom of speech, information access and the structural constrains mitigating unfettered public access to critical information and debate on fundamental social and political issues of the day. The proposed ‘custodiary’ model for the new Democratic Project is premised on the development of a constitutional framework which encourages information diversity and freedom of access and expression as a way of bringing back ‘discourse’ into democratic praxis.     

The Effect of ‘Stabilization’ in the Mandates and Practice of UN Peace Operations

Netherlands International Law Review - In the last decade UN peace operations have begun to explicitly seek ‘stabilization’ in the states to which they are deployed. Despite the term...     

Use of an Automated Nested Multiplex Respiratory Pathogen PCR Panel Postmortem in the Pediatric Forensic Setting

Respiratory pathogens have been detected in forensic investigations using multiple techniques; however, no study has examined the use of automated, nested, multiplex polymerase chain reaction (ANM‐PCR), commonly used in living patients, in the forensic setting. This retrospective study assessed the utility of ANM‐PCR in detecting respiratory pathogens in the pediatric forensic setting. Respiratory samples from 35 cases were tested for up to 20 respiratory pathogens. 51.4% of these cases yielded a positive ANM‐PCR result, 20% of which were considered the cause of or contributory to death. The most commonly detected pathogens were rhinovirus/enterovirus and respiratory syncytial virus, and these were the only pathogens determined to play a significant role in cause of death. The sampled sites and postmortem intervals tested did not affect the likelihood of a positive or negative test. ANM‐PCR panels are effective, affordable, and rapid ancillary tools in evaluating cause of death in the forensic pediatric population.