Contemporary Issues in the Law of Treaties

Netherlands International Law Review -     

The Case for a Rational Reconstruction of Consent in Criminal Law

This article argues for consistency in criminal law and the need for 'rational reconstruction' of the law where necessary to achieve this. It focuses Parliament's failure to respect the need for consistency by passing a statutory definition of consent in the Sexual Offences Act 2003 which appears to apply only to sexual offences. As a result, the law on consent risks being a patchwork of statute and ad hoc case law, without any overarching principle to deal with new situations and different offences. The consequent lack of certainty, accessibility, predictability and fairness is compared to the standards of the European Convention on Human Rights. The statutory definition of consent in the context of the sexual offences is assessed critically as a model which could be used in offences against the person and property offences. The article concludes that until Parliament responds to the need for certainty and consistency by legislating on consent, there can be no rational reconstruction of consent under the Sexual Offences Act 2003.     

The Vanishing Victim: Criminal Law and Gender in Jordan

Focusing on the issues of rape and honor killings in the Arab world, particularly Jordan, this article investigates the use of criminal laws as an element in political legitimation. These laws are an arena for contestation not merely over policy choices, but over the nature of the sociopolitical order as well. Recent debates over the alteration or preservation of such laws have highlighted the use of legal codes as an expression of dominant values in a political system. I argue that the use of gendered legal systems to serve legitimation claims has important implications for the prospects of democratization.     

Bargaining in the Shadow of Social Institutions: Competing Discourses and Social Change in Workplace Mobilization of Civil Rights

The Family and Medical Leave Act requires employers to provide job-protected leave, but little is known about how these leave rights operate in practice or how they interact with other normative systems to construct the meaning of leave. Drawing on interviews with workers who negotiated contested leaves, this study examines how social institutions influence workplace mobilization of these rights. I find that leave rights remain embedded within institutionalized conceptions of work, gender, and disability that shape workers' perceptions, preferences, and choices about mobilizing their rights. I also find, however, that workers can draw on law as a culture discourse to challenge these assumptions, to build coalitions, and to renegotiate the meaning of leave.     

Economies of scope and scale in green advocacy

Environmental advocacy is a large and growing activity. Whilst a number of economists have analysed the advocacy process, no systematic attempt has been made to understand the factors influencing the organisation of the sector. We explore the relationship between economies of scale and scope in advocacy. Under the most popular specification of a Tullock-type contest, economies of scope arise when (and only when) the scale of that activity is sufficiently large. The incentives for merger are socially efficient, implying no need for policy intervention.     

Community structural predictors of spatially aggregated motor vehicle theft rates: Do they replicate?

Community-level motor vehicle theft (MVT) is not spatially random but is influenced by the structural composition of the community. Work to date did not provide a clear picture of the structural correlates of community-level MVT rates for two reasons. Cross-sectional studies had been limited to a single point in time (one wave design). In addition, studies had not adequately controlled for MVT rates in adjoining communities (spatially autocorrelated rates). The current study addressed these limitations. Drawing on structural correlates highlighted by factorial ecology and past work on motor vehicle theft, it anticipated cross-sectional connections between status, stability, age composition, and racial heterogeneity. It sought to learn if these connections persisted at two points in time spanning a decade. Census block group data from a midwestern city were merged with geocoded vehicle theft data, and a comprehensive spatial lag variable was constructed (Land & Deane, 1992). At both points in time, communities with higher MVT rates had lower socioeconomic status, and were surrounded by other communities with higher MVT rates. Community processes driving the connection between status and vehicle theft were suggested. The strong spatial dependency of MVT rates suggests attributes, events, or longer-term trends located in a section of a city may be affecting the communities located there. Issues for prevention were addressed.     

“What Guarantees Do We Have?” Legal Tolls and Persistent Impunity for Feminicide in Guatemala

Guatemala has one of the highest levels of killings of women and impunity for violence against women in the world. Despite laws created to protect women, Guatemala, like other countries, generally fails at implementation. This article examines justice system obstacles in contemporary Guatemala to processing cases of feminicide—killings of women because they are women in a context of impunity—comparing two recent feminicide cases. It argues that the sociopolitical context in Guatemala, including structural violence, widespread poverty, inequality, corruption, and normalization of gender violence against women, generates penalties, or “legal tolls,” that are imposed on victims' families and contribute to impunity through undermining victims' attempts to navigate the justice system. The analysis focuses on the tolls of fear and time: the need to overcome fear of retaliation and the extraordinary time and effort it takes to do so in a corrupt and broken system.     

Exploring the Impacts of Ordinary Laboratory Alterations During Forensic DNA Processing on Peak Height Variation,Thresholds, and Probability of Dropout,

Impacts of validation design on DNA signal were explored, and the level of variation introduced by injection, capillary changes, amplification, and kit lot was surveyed by examining a set of replicate samples ranging in mass from 0.25 to 0.008 ng. The variations in peak height, heterozygous balance, dropout probabilities, and baseline noise were compared using common statistical techniques. Data indicate that amplification is the source of the majority of the variation observed in the peak heights, followed by capillary lots. The use of different amplification kit lots did not introduce variability into the peak heights, heterozygous balance, dropout, or baseline. Thus, if data from case samples run over a significant time period are not available during validation, the validation must be designed to, at a minimum, include the amplification of multiple samples of varying quantity, with known genotype, amplified and run over an extended period of time using multiple pipettes and capillaries.     

Preclinical Assessment of Safety and Efficacy of Fluorescent Dye for Detecting Dermal Injuries (the injuries were both abrasions and incision) in a Murine Model

Objective documentation of tears and abrasions to the external genitalia after sexual assault is an important part of the forensic examination. A 1% aqueous solution of toluidine blue (TB) dye is often used to highlight injury, but the dye can be difficult to see on dark skin. We evaluated a fluorescent dye for detecting injuries on all skin colors in a relevant preclinical murine model. We compared the ability of trained, blinded observers to detect unstained wounds and wounds stained with 1% fluorescein sodium (FL) and with TB. We also evaluated the cutaneous wound healing response after application of both dyes. The no‐dye group had significantly fewer (p < 0.05) true‐positive identifications compared to all the dye groups. No differences in effectiveness were detected between dye treatments. All groups exhibited statistically similar healing rates. These findings support the evaluation of fluorescein sodium in a future clinical study with human subjects.