Transfers of undertakings a new meaning?

Defining the meaning of a transfer of an undertaking in the context of outsourcing has led to much litigation. After years of discussion the Acquired Rights Directive, which has been the source of much confusion and misunderstanding, has been amended. Unfortunately, the new Directive does little more than follow the approach of the European Court of Justice and has done little to make matters more certain. This article examines the change of definition and argues that they are inadequate.     

The Panama invasion and the laws of war

This article considers the conduct of armed parties in the invasion of Panama on 20 December 1989 by United States forces, in relation to the standards established by the international laws of war and the Geneva Conventions of 1949. The article confines itself to the conduct of US and Panamanian armed forces from the commencement of hostilities, and does not consider arguments for or against the invasion itself. The authors, on behalf of the US‐based Americas Watch, a human rights monitoring organization, visited Panama in January 1990, and collected information contained in the article. The article concludes that US forces failed in their Geneva Convention obligations with respect to the detentions of Panamanian POWs and civilians. It also concludes that US forces failed to exercise precautions to minimize collateral civilian casualties in the attack on the Panamanian military headquarters. It finds that Panamanian forces put non‐combatant civilians at risk by dressing in civilian clothes and firing from civilian‐occupied structures. It estimates the number of Panamanian civilian dead at approximately 300. The article further considers protection of human rights under the new Endara government, and the plight of refugees left homeless by the invasion.     

Reviews: Editorial commentary

Abstract

Home Truths about Child Sexual Abuse: Influencing Policy and Practice: A reader Catherine Itzin (4) Routledge, London, 2000. ISBN0415 15261 5 (hbk) f55.0O/f18.990415 152623 (pbk) £18.99

Child Sexual Assault: Feminist perspectives Pat Cox, Sheila Kenhaw andJoy Trotter (eds) Palgrave, London. 2000. 248pp. ISBN 0 333 77153 2. (hbk) £45.00

Athletes and Acquaintance Rape Jeffrey R Benedict Sage (Violence Against Women Series). London, 1998. 120pp ISBN 0 7619 0966 4 (hbk) f47.00 / 0 7619 0967 2 (pbk) £19.00

Whistleblowing in the Social Services: Public accountability and professional practice Geoffrey Hunt (ed.), Foreword by Allan Levy, QC Edward Arnold, London, 1998. 278pp. ISBN 0 340 65245 4 (pbk) £18.99     

Clinical assessment of adult sexual offenders with learning disabilities

Abstract

Assessment and treatment of adults with learning disabilities who commit sexual offences presents a number of challenges. Much of the professional forensic and psychiatric literature on work with this group concentrates on the development of interventions based on theoretical models of sexual offending originating from the mainstream criminal justice system and have often been adapted and applied to people with learning disabilities. Currently, there is very little evidence to demonstrate the effectiveness or validity of the adaptation and application of mainstream models to this population. The efficacy of such adapted models used to describe sexual offending in people with learning disabilities clearly has an impact of any intervention informed by them. In particular, some researchers suggest that key factors such as cognitive distortions are evident in sexual offenders with learning disabilities; there is, however, no research relating to the prevalence of these or other key factors within the general population of people with learning disabilities. The present literature review highlights some of the clinical issues with a particular focus on the assessment of deviant sexual interest. Specifically, the literature is confused with inconsistencies relating to the definition of the group, the extent and nature of offending and a lack of standardized methodology for assessment and comparison. Consideration is given to the particular needs of this group and the implications for research and treatment.     

The black male sex offender in prison: Images and issues

Abstract

In this paper it is suggested that White constructions of Black male sexuality may prevent Black male sex offenders in prison from being offered the opportunity to attend offence-focused programmes. Additionally, it is also suggested that the full participation of Black male sex offenders in such programmes may be inhibited by the groupwork environment and the content of these programmes. It is argued that an additional strategy is needed to enable Black male sex offenders to participate in these groupwork programmes.     

The debate on a regional arms register in Southeast Asia

Abstract

ASEAN member states are no longer opposed in principle to military information sharing and the ASEAN Regional Forum (ARF) is now actively considering ideas for new confidence‐building measures in this area. The first specific transparency measure supported by ARF was the UN Register of Conventional Arms, whose success in the region has been a result, at least in part, of its flexibility. Because of the limited scope of the UN Register, debate has continued on the possibility of a regional Register. As this debate has proceeded, however, it has become apparent that the creation of such a Register will require a number of complex and difficult issues to be resolved. What additional data should such a Register include? Who should be responsible for operating such a Register? Which countries should be included? Because of these difficulties, the prospects of a regional Register being established in the near future are rather slender. But, as they become more comfortable with the concept of transparency, there is still considerable scope for ARF members to do more to adopt regional ‘best practice’ in their replies to the main UN Register. The Register formula of framework plus flexibility could also be used as a model for the development of parallel transparency arrangements in areas other than arms transfers. The experience of the Register debate suggest that the development of concrete confidence‐building measures in the ARF region is likely to be a gradual process. Progress is possible, but is unlikely to transform levels of national openness on military affairs overnight. The main obstacles to increased transparency may prove to be domestic and political rather than international and military: demonstrating once again the way in which the confidence‐building agenda is linked to broader debates about the necessary political foundations of a secure regional order.     

Book reviews

Indonesia. By J. D. Legge. Prentice‐Hall, New Jersey, 1965. Pp. iii, 184. 40/‐

Pre‐capitalist Economic Formations. By Karl Marx. With an introduction by Eric Hobsbawm. Trans, by Jack Cohen. Lawrence and Wishart, London, 1964. Pp. 153. 25/‐.

Economic Survey of Latin America, 1962. Organization of American States. The John Hopkins University Press, Baltimore, 1964. Pp. 425. 68/‐     

Seasonal Variation of Carcass Decomposition and Gravesoil Chemistry in a Cold (Dfa) Climate

It is well known that temperature significantly affects corpse decomposition. Yet relatively few taphonomy studies investigate the effects of seasonality on decomposition. Here, we propose the use of the Köppen‐Geiger climate classification system and describe the decomposition of swine (Sus scrofa domesticus) carcasses during the summer and winter near Lincoln, Nebraska, USA. Decomposition was scored, and gravesoil chemistry (total carbon, total nitrogen, ninhydrin‐reactive nitrogen, ammonium, nitrate, and soil pH) was assessed. Gross carcass decomposition in summer was three to seven times greater than in winter. Initial significant changes in gravesoil chemistry occurred following approximately 320 accumulated degree days, regardless of season. Furthermore, significant (p < 0.05) correlations were observed between ammonium and pH (positive correlation) and between nitrate and pH (negative correlation). We hope that future decomposition studies employ the Köppen‐Geiger climate classification system to understand the seasonality of corpse decomposition, to validate taphonomic methods, and to facilitate cross‐climate comparisons of carcass decomposition.     

Distress Tolerance and Intimate Partner Violence among Men in Substance Use Treatment

Intimate partner violence (IPV) is overrepresented among men in substance use treatment. Individuals who relapse following substance use treatment report greater IPV perpetration relative to individuals who remain remitted. In addition, distress tolerance has been shown to be an important treatment target in substance use treatment, with distress tolerance predicting relapse following treatment. However, we are unaware of any research that has examined the relationship between distress tolerance and IPV among men in substance use treatment, which may hold important treatment implications. The current study therefore examined this relationship in a sample of men in substance use treatment (N = 138). Results demonstrated that distress tolerance was negatively associated with physical and psychological IPV perpetration. After controlling for age and substance use and problems, distress tolerance remained associated with psychological, but not physical, IPV perpetration. These findings suggest that distress tolerance may be an important component of treatments for IPV, particularly for psychological aggression. Substance use treatment programs that target distress tolerance may concurrently reduce the risk for relapse to substance use and IPV perpetration.