Police Prosecution Service Relationship within Criminal Investigation

The article concentrates on the police role in the investigative stage in various criminal justice systems and the relationship with each national prosecution service. It is shown that in this respect the police function varies significantly from country to country. According to its legal competencies and factual procedural possibilities, the article will give a short overview of the national differences but also show that similar mechanisms are developed.     

The Effect of a Standard to Improve Person Descriptions by Children

This study examines whether or not using a person as a standard/comparison improves the ability of a child witness to provide more accurate detail about a previously observed person. Study participants included 135 children who observed a male stranger and were then later asked to describe and answer various questions about that person using a third-person standard/comparison. Despite the fact that one-half of participants were exposed to a standard/comparison, neither participants’ gender or exposure to the standard/comparison improved recollection outcomes. However, the gender of the standard/comparisons - especially where female - did have a significant effect on the recall ability of male participants.     

Case law of the EPO Boards of Appeal in 2006

Legal context: The article reviews significant decisions handed down by theBoards of Appeal of the European Patent Office (EPO) in 2006,concentrating on decisions of the Enlarged Board and the Boardsof Appeal issued in 2006 and published or to be published inthe OJ EPO. Key points: The article discusses the application of Art. 24 EPC on exclusionand objection to members of the boards of appeal in the lightof the following decisions: G 1/05, T 281/03 and J 15/04; referralspending before the EBA on the subject of divisional applications(Art. 76 EPC and R. 25 EPC) and exclusion from patentabilityunder R. 23d(c) in conjunction with Art. 53a EPC; and decisionsof technical boards of appeal on exclusions from patentability(Arts. 52 (2)(3) and (4) EPC), the requirement of industrialapplicability (Art. 57 EPC) and re-establishment of rights (Art.122 EPC). Practical significance: The article provides an overview of the 2006 case law of theboards of appeal which is particularly useful since most ofthe decisions discussed have not yet been published in the OJEPO. The author is critical of the recent case law on the applicationof Art. 24 EPC (exclusion and objection to members of the boardsof appeal) and reports on several decisions of particular legalinterest.     

The Invisible Hand: Financial Pressures and Organisational Convergence in Multilateral Development Banks

This paper investigates how the unique financial model of multilateral development banks – dependent largely on issuing bonds in private capital markets to raise lending resources – came about in the early history of three different MDBs, and how this in turn shaped their operational characteristics. Historical research demonstrates that the World Bank, Inter-American Development Bank (IADB) and Andean Development Corporation (CAF) converged on organisational and operational arrangements very different to what their founders had intended, and much closer to one another, as a direct result of the need to secure sufficient resources to function as viable development lenders. The findings indicate that in the absence of governments willing or able to provide significant financing out of their budgets, MDBs tend to converge towards a single organisational model in order to maintain access to international capital markets. All three MDBs examined here modified their lending and financial policies in unexpected ways and, in the case of the IADB and CAF, even restructured their original membership, specifically for the purpose of securing adequate financial resources.