Trafficking in persons and victim health in Australia

This article explores the health problems experienced by victims of trafficking in persons in Australia and analyses the domestic support schemes established to assist these victims. It focuses specifically on the health of adult, female victims who constitute the majority of identified victims, and who are the principal recipients of government support services. Domestic experiences and support schemes are reviewed in the light of international law and best practice guidelines. Recommendations are made to improve the health services available to victims of trafficking in persons in Australia.     

Fatal MDMA-intoxication with postmortem diagnosis of hyperthermia

Hyperthermia is one of the main symptoms of the toxic MDMA effect. In a fatal intoxication, the premortal increase in body temperature may lead to a false assessment of the time of death. The problems of drug-induced hyperthermia faced by forensic pathologists and criminal investigators are discussed on the basis of a death from the autopsy material of the Berlin Institute of Legal Medicine (CCM).     

Interpretation of the term "hydrocution"

Based on a literature study, several interpretations of the term "hydrocution" are presented and discussed. It is difficult to differentiate between hydrocution and atypical drowning. Therefore, the history, the pathogenetic mechanism and the autopsy findings must be considered to establish a clear diagnosis when assessing a sudden death in the water. Practicable diagnosis criteria are recommended.     

Jihad: a South African perspective

The India, Brazil and South Africa Dialogue Forum (IBSA) established in 2003 brings together three like-minded, democratic, market economies of multi-cultural and multi-ethnic character, sharing a broadly similar economic, political and development situation. At the time of its formation IBSA was widely regarded as representing a novel form of South-South cooperation, transcending older models rooted in the logic of North-South confrontation in the post-colonial, Cold War world. However, now, as the respective countries prepare for their tenth anniversary summit in India, the forum seems to face a growing sense of irrelevance, perhaps even an existential crisis. There has been a proliferation of other forums—notably BRICS and the G20—which means that IBSA needs to differentiate itself if it is to endure. This paper suggests a common vision for IBSA, based on the concept of international liberalism, implying an open international market, well-regulated capital markets and tailored domestic policies such as social policy, health policy and education policy, may well increase the weight IBSA can gain in different international forums.     

Auslegung oder Anfechtung?

Im Hinblick darauf, ob bestimmte Umst?nde schon unmittelbar im Rahmen der Auslegung von Willenserkl?rungen zu berücksichtigen sind oder ihnen aber blo? insofern Relevanz zukommt, als sie ein Recht zur Anfechtung der Erkl?rung gem §§ 870 ff ABGB begründen, l?sst die Judikatur eine einheitliche Linie vermissen. Demgegenüber vertritt die Rechtswissenschaft nahezu geschlossen ein dogmatisches Konzept, nach dem sich das Rechtsinstitut der Auslegung von Willenserkl?rungen von jenem ihrer Anfechtung klar abgrenzen l?sst und das in gewissem Umfang zu einer Vorrangigkeit der Anfechtung von Willenserkl?rungen vor ihrer Auslegung führt. Letzteres freilich zu Unrecht, wie im Folgenden dargelegt wird.     

Zur Zulässigkeit der Änderung von allgemeinen Teilen durch den Wohnungseigentümer – Flugdach über Terrassentür

Der Begriff des "wichtigen Interesses" in § 16 Abs 2 Z 2 WEG 2002 ist besonders unter dem Gesichtspunkt zu beurteilen, ob die ?nderung dazu dient, dem Wohnungseigentümer die dem heute üblichen Standard entsprechende Nutzung seines Objekts zu erm?glichen (hier: kein wichtiges Interesse an einer Lüftungsm?glichkeit bei Wind und Regen).     

Major depression – a study on the validity of clinicians’ diagnoses in medicolegal assessment

Major depression ranges among the most frequently diagnosed psychiatric disorders. Accordingly, diagnoses of depression are often underlying insurance, compensation or disability claims. This report evaluates the validity of clinicians’ diagnoses of major depression in a sample of claimants. In 2015, n = 127 consecutive cases were examined for medicolegal assessment. For all of them, a diagnosis of major depression had been established by clinicians. All testees underwent a psychiatric interview, a physical examination, they answered questionnaires for depressive symptoms according to DSM-5, embitterment disorder, post concussion syndrome (PCS) and unspecific somatic complaints. Performance and symptom validity tests were administered. Only 31% fulfilled the diagnostic criteria for DSM-5 major depression according to self-report, while none did so according to psychiatric assessment. Negative response bias was found in 64% of cases, feigned neurologic symptoms in 22%. Symptom exaggeration was indiscriminate rather than depression-specific. By self-report, 64% of the participants qualified for embitterment disorder and 93% for PCS. In conclusion, clinicians’ diagnoses of depression seem often confounded by improper assessment of the diagnostic criteria, confusion of depression with bereavement or embitterment and also by response bias.     

Political Finance Regimes in Southeast Asia: Introduction

ABSTRACT

The three articles in this themed collection investigate the interplay between political finance regimes and the quality of democracy in Southeast Asia. Andreas Ufen's piece on political finance in Malaysia and Singapore argues that the semi-authoritarian regimes in both states have blocked the reform of campaign and party funding regulations in order to keep their opposition in check. The article on Indonesia, authored by Marcus Mietzner, showcases the country's dysfunctional political finance system as a major hurdle toward further democratization. In their contribution on Thailand, Napisa Waitoolkiat and Paul Chambers show that weak political finance regulations have contributed significantly to the shallowness of Thai parties. Overall, the collection demonstrates that without meaningful political finance reforms, Southeast Asia's democratic stagnation is likely to persist for many years to come.     

Laissez-faire versus Strict Control of Political Finance: Hegemonic Parties and Developmental States in Malaysia and Singapore

ABSTRACT

This article compares the financing of political parties and candidates in two Southeast Asian countries. In Malaysia, some political finance regulations exist only on paper, and political financing is for the most part not restrained at all. In contrast, the financing of candidates and parties has always been tightly circumscribed in Singapore. These different strategies, “laissez-faire” versus “strict control,” are the consequence of various factors. In Malaysia, the New Economic Policy has effected a close, often economically unproductive linkage between the state, the ruling Barisan Nasional coalition, and business. The rise of businesspeople has resulted in the commercialization of competition within (the United Malays National Organisation. Additionally, increasing competition between the ruling coalition and the opposition has resulted in growing expenditures for electioneering in the form of advertisements and electoral patronage. The laissez-faire style of regulation has been compounded by the difficult-to-control practices in East Malaysia (Sabah and Sarawak), where vote buying, electoral patronage based on the largesse of oligarchs, and obvious nonobservance of the rules have been typical. In contrast to Malaysia as a whole, the costs for parties and candidates are still relatively low in Singapore. As a cadre party, the PAP (People's Action Party) is relatively autonomous from private business interests, and intraparty competition is not commercialized; the developmentalist state is highly productive, and the ties between the state, the PAP, and business are not characterized by cronyism. Moreover, electioneering is not very commercialized because the opposition is still relatively weak.