Hague Case Law — Latest Developments

Netherlands International Law Review -     

Quantifying Hate: The Evolution of German Approaches to Measuring ‘Hate Crime’

This article examines and explains the rise of ‘hate crime’ as a category recognised by the German state. It documents the transition from a fluid and unspecific concern about violence against vulnerable groups in the immediate post-unification years to the formal adoption of ‘hate crime’ and its counterpart ‘right-wing politically motivated crime’ as official statistical categories. It uses theories of policymaking coupled with insights from scholarship on sociological uncertainty and policy transfer to explain the adoption, adaptation, and limitations of the hate crime concept in Germany.     

Food Brexit and Chlorinated Chicken: A Microcosm of Wider Food Problems

This paper situates food safety concerns raised in the Brexit debate since the referendum and suggests that, although the issue of chlorinated chicken entered public discourse, it represents wider concerns about food safety standards. Food safety has had high resonance in the UK since the 1980s, but Brexit shows how it connects to wider concerns also raised about Brexit, such as impacts on healthcare, the effects of austerity on food poverty, the limitations of low waged employment, concerns about migration and labour markets, and regional economic disparities. Brexit’s impact on the UK food system is immense because food has been highly integrated into EU governance. While food standards can be portrayed as a single narrow issue, the paper suggests it provides a useful lens with which to examine, interrogate and comprehend these wider Brexit politics. The complex realities of food politics and wider food system dynamics undermine any simplistic political narrative of ‘taking back control’.     

Nachhaltige Bioenergie – Instrumente zur Vermeidung negativer indirekter Landnutzungseffekte

Indirekte Landnutzungs?nderungen beim Anbau von Energiepflanzen k?nnen die Treibhausgasminderungsbilanz von Energie aus Biomasse herabsetzen und Biodiversit?t sowie Boden- und Wasserressourcen beeintr?chtigen. Um derartige Effekte in rechtliche Regelungen über die Nachhaltigkeit von Bioenergie einzubeziehen, wurden verschiedene Ans?tze vorgeschlagen. Eine überzeugende Methodologie steht bis heute jedoch noch nicht zur Verfügung. Der Beitrag gibt einen überblick über die diskutierten Methoden, bietet eine vergleichende Bewertung und leitet hieraus rechtspolitische Empfehlungen ab.     

Evaluation of amylase testing as a tool for saliva screening of crime scene trace swabs

Amylase testing has been used as a presumptive test for crime scene saliva for over three decades, mainly to locate saliva stains on surfaces. We have developed a saliva screening application for crime scene trace swabs, utilising an amylase sensitive paper (Phadebas^® Forensic Press test). Positive results were obtained for all tested dried saliva stains (0.5–32 μL) with high or intermediate amylase activity (840 and 290 kU/L). Results were typically obtained within 5 min, and all samples that produced DNA profiles were positive. However, salivary amylase activities, as well as DNA concentrations, vary significantly between individuals. We show that there is no correlation between amylase activity and amount of DNA in fresh saliva. Even so, a positive amylase result indicates presence of saliva, and thereby presence of DNA. Amylase testing may be useful for screening in investigations where the number of DNA analyses is limited due to cost, e.g., in volume crime.     

Changing Balance: The Participation and Role of Voluntary Organisations in the Swedish Policy Process

This article focuses on the changing level of participation of voluntary organisations in the policy process between 1964 and 2009 and its implication for the role played by voluntary organisations to the state. Drawing on data from the remiss procedure – one of the most understudied parts of the Swedish policy‐making process – the results implicate a reduced role for voluntary organisations in formal arenas for policy making. While the number of participating voluntary organisations has remained stable, the relative share of participating organisations has declined and an increasing proportion of organisations have abstained from participating. In addition, the shares of conflict‐oriented and member‐benefit‐oriented organisations have decreased while consensus‐oriented and public‐benefit‐oriented organisations appear to have increased slightly. These findings are discussed in the context of changes in the coordination and implementation of public policies, implying that over time the role of voluntary organisations as arenas for deliberation and mediators of individual interests tend to have gradually lost ground in relation to the state while the share of organisations taking direct welfare responsibility has slightly increased. Although it may be premature to speak about a shifting role of voluntary organisations from input to output in the political system, the result suggest an emerging trend in that direction. Further research is needed to clarify whether this changing pattern of participation is evident in other arenas for policy making in Sweden or is an isolated feature explained from the outset of the remiss procedure.