Warum die Kontrolle abgeben? Die Delegation von Migrationskontrolle aus der Prinzipal-Agent-Perspektive

More and more, management and control of immigration is conducted in an exterritorial form that is beyond the territory of destination countries. The visa procedure in embassies and the reliance on carrier sanctions as well as the cooperation with countries of transit or within the EU’s Schengen area aim at conducting control before migration flows reach the respective country of destination. As all these control practices require the delegation of control measures, the paper identifies four types of exterritorial migration control by relying on a principal-agent framework and develops an analytical frame for studying this type of migration management. Within the visa procedure, exterritorialization is achieved by delegation between different agencies and ministries of countries of immigration. The delegation of control to transport enterprises enables exterritorialization by incorporating private actors. Delegation between sovereign nation states is the mechanism for both the cooperation with countries of transit as well as within the EU’s Schengen area. From a principal-agent perspective, the paper analyzes the logics of delegation, the actors’ rationales as well as the resulting costs of shifting migration control to places beyond national territories.     

Transnistria’s Order of Friendship: Legitimacy Through Diplomatic Practice

Abstract

What strategies do de facto states employ in conducting their diplomacy? This article examines Transnistria’s Order of Friendship, a state award that primarily targets foreigners, by analysing the profiles of all known award recipients. The Order is found to be a political tool to enhance Transnistria’s domestic and external legitimacy in the absence of recognised sovereignty. The findings confirm the literature on Transnistria’s ‘bandwagoning’ with Russia, indicate that a patron’s support must be actively sought rather than taken for granted, and—since many awardees are from jurisdictions other than the patron state Russia—point to the need to examine the foreign policy of de facto states more holistically.     

Against the one-way-street: analyzing knowledge transfer from industry to science

Knowledge flows from industry to science have mostly been neglected by empirical studies. This work aims at contributing to this issue by analyzing differences in the factors that influence the probability of knowledge transfer within industry and from industry to science in the biotechnology sector. In order to model these knowledge flows we conduct a citation analysis on the basis of patent data. We then estimate a weighted bivariate probit model on the citation probability of industry and science on the basis of a combined sample of citing and cited patent pairs and an equal number of control patent pairs. The empirical results suggest that there are considerable differences in the citation probability. Cultural closeness for instance has a positive effect on the citation probability from industry to industry while the citation probability of scientific institutions is not affected by cultural distance.     

Judicial Interpretation or Judicial Activism? The Legacy of Rationalism in the Studies of the European Court of Justice

During the last two decades, law as a factor in European integration has attracted great scientific interest. Numerous studies and theoretical analyses have been published that have undertaken the task of examining and explaining the role of law in the progress of integration. The European Court of Justice (ECJ) in particular, as Europe's judiciary body, draws much attention in this context. However, the inflexible, mechanistic and universalistic notion of rationality that these works employ leads to serious misinterpretations and unjustified criticism regarding the role the ECJ takes in the course of integration. Within the frameworks of contemporary approaches, the Court is perceived as just one more political player among other actors and institutions, able to shape the EU in the pursuit of its own rational interests. By outlining the theoretical concept of context rationality, this article shows that the logics of law and judicial lawmaking are based on a non‐trivial and non‐political rationality and cannot be understood appropriately without paying attention to the context of European law.     

Death in a fold-away bed

The term "death in abnormal body position" refers to deaths caused by a position-induced impairment of the vital functions of respiration and circulation. In the described case from the autopsy material of the Berlin Institute of Legal Medicine (CCM), the 82-year-old woman died in a folded up fold-away bed in a fixed head-down position. Death was caused by the combined effect of neck compression, traumatic asphyxia and head-down position.     

Forensic veterinary radiology: ballistic-radiological 3D computertomographic reconstruction of an illegal lynx shooting in Switzerland

The most popular handgun in Brazil is the single round-barrel caliber 0.38 revolver. In recent years, however, owing to the modernization of police arms and their availability on the legal and illicit markets, pistols have become increasingly popular and currently represent about 20% of police seizures. In a previous paper we presented a novel collection method for gunshot residues (GSR) using a sampling procedure based on ethylenediamine-tetraacetic acid (EDTA) solution as a complexing agent on moistened swabs with subsequent detection using sector field-high resolution-inductively coupled plasma-mass spectrometry (SF-HR-ICP-MS). In the present paper, we discuss the capability of this methodology to identify antimony (Sb), barium (Ba) and lead (Pb) on the hands of volunteers after shot tests with 9 mm and 0.40 in. caliber pistols. Two types of munitions were tested: 9 mm Taurus and clean range. The use of a technique with high sensitivity, such as SF-HR-ICP-MS, permits the identification of low concentrations (less than 1 microg/L) of metals in firearm residue and constitutes a powerful tool in forensic science. We also discuss the importance of the sampling procedure, including collection from a different body part than the gun hand of the suspect. Comparison of the analytical data obtained allows clear discrimination between samples from the hands of shooters and non-shooters.     

Identification of mammal species using species-specific DNA pyrosequencing

In forensic casework it is highly relevant to be able to deduce the species origin of an unknown biological sample. For such a purpose we have designed and developed an assay for species identification based on DNA sequencing of two short mitochondrial DNA amplicons. In short, partial 12S rRNA and partial 16S rRNA fragments (approximately 100bp) are amplified by PCR followed by direct sequencing using pyrosequencing technique. Due to properties of the chosen targets, the same PCR conditions and primers were used irrespective of the true species of an unknown sample. A total of 28 different mammals present in the European fauna were sequenced both for the partial 12S rRNA and the partial 16S rRNA sequences for accuracy verification. Together the two sequences showed to have a high divergence factor, discriminating almost all mammals. Furthermore, the human reference nucleotide sequences were always at least nine nucleotides different compared to the other sequenced species both at the partial 12S rRNA and the partial 16S rRNA sequences.     

Application of 3D documentation and geometric reconstruction methods in traffic accident analysis: with high resolution surface scanning, radiological MSCT/MRI scanning and real data based animation

The examination of traffic accidents is daily routine in forensic medicine. An important question in the analysis of the victims of traffic accidents, for example in collisions between motor vehicles and pedestrians or cyclists, is the situation of the impact. Apart from forensic medical examinations (external examination and autopsy), three-dimensional technologies and methods are gaining importance in forensic investigations. Besides the post-mortem multi-slice computed tomography (MSCT) and magnetic resonance imaging (MRI) for the documentation and analysis of internal findings, highly precise 3D surface scanning is employed for the documentation of the external body findings and of injury-inflicting instruments. The correlation of injuries of the body to the injury-inflicting object and the accident mechanism are of great importance. The applied methods include documentation of the external and internal body and the involved vehicles and inflicting tools as well as the analysis of the acquired data. The body surface and the accident vehicles with their damages were digitized by 3D surface scanning. For the internal findings of the body, post-mortem MSCT and MRI were used. The analysis included the processing of the obtained data to 3D models, determination of the driving direction of the vehicle, correlation of injuries to the vehicle damages, geometric determination of the impact situation and evaluation of further findings of the accident. In the following article, the benefits of the 3D documentation and computer-assisted, drawn-to-scale 3D comparisons of the relevant injuries with the damages to the vehicle in the analysis of the course of accidents, especially with regard to the impact situation, are shown on two examined cases.