Environmental risks,the judgment-proof problem and financial responsibility

This paper examines a setting in which a firm is liable to pay environmental damages caused by its activity but may not have sufficient wealth for repair of damages. In order to induce the full internalization of the environmental cost, the firm is required to demonstrate a financial guarantee from a solvent party that covers this cost. Since the firm and the guarantor are joint liable for the harm caused by the firm, it is in the interest of the guarantor to design the guarantee contract in order to induce the firm to take an adequate level of prevention. First, I show that financial responsibility regime may achieve the social optimum. Secondly, I identify a particular form of contract in the set of contracts which induce the socially optimal level of prevention. This contract is closed to an alternative risk transfer product referred to as the spread loss treaty.     

The report of The International Commission of Inquiry on Darfur: The question of genocide

The crisis in Darfur (Sudan), which sparked in February 2003, only caught the United Nations’ attention in Spring 2004. Questions emerged as to whether the conflict between the rebels and the government was simply insurgency warfare or, in fact, concealed a genocide carried out by the Arab, Muslim-led government against the Animist and Christian-African population. The issue became so divisive that the Security Council requested the creation of an investigation team, the International Commission of Inquiry on Darfur, which amongst other tasks had to examine whether genocide had taken place. This article analyzes the facts as well as the legal reasoning that guided the International Commission of Inquiry in drawing the conclusion that a governmental policy to commit genocide had not been formed.     

Capitalism without compromise: Strong business and weak labor in Eastern Europe’s new transnational industries

This paper contributes to the debate on the social impact of globalization. It focuses on the mediating role of the sectoral pattern of transnational production relocation to the postcommunist economies of Eastern Europe. We argue that the collapse of the socialist heavy industries and the eastward relocation of traditional light industries initially forced the social conditions of the East European countries to converge at the bottom and deepened the gap between the West and the East. Later, the east-ward migration of high-skilled labor and capital-intensive industries and jobs led to decreasing social disparity between the West and some of the former socialist countries. However, convergence appears uncertain, costly, and uneven, and coincides with increasing social disparity within the group of East European new members and candidates of the European Union.     

A. Tzanakopoulos,Disobeying the Security Council. Countermeasures against Wrongful Sanctions,Oxford University Press,Oxford 2011, xxxii + 243 pp. ISBN 978-0-19-960076-2. doi:10.1017/S0165070X12000083

Netherlands International Law Review -     

Why should trade between Central Asia and China continue to expand?

Trade volume between Central Asia and China has tripled since 2002. This study, which is based on Chinese sources, explains the reasons for this expansion in trade. Even if numerous obstacles remain, Government development policy in China’s western regions has induced trade growth between Xinjiang and Central Asia. Trade flows mainly consist of three blocks: economic activities of the Xinjiang Production and Construction Corps, commerce conducted by traders of the coastal province of Zhejiang, based in Xinjiang, and petty trade notably between Kazakhstan and Xinjiang.     

Personality Profiles in a Group of Battered Women: Clinical and Care Implications

Personality patterns, psychopathological symptomatology, dyadic relationship adjustment, and the characteristics of abuse suffered by a sample of women who attended residential services for battered women in Barcelona (Spain) are evaluated in this study. Over half the women had suffered psychological, physical, and sexual abuse on the part of her partner, mostly of long duration, and this had also been suffered by their children. The results obtained using the MCMI-II show a relatively low presence of anxious or depressive symptomatology and the predominance of a schizoid personality pattern. This means that clinical efforts need to be directed towards countering emotional withdrawal and social isolation. The importance of studying interpersonal patterns amongst battered women with a view to optimizing care and to preventing future victimization is also discussed.     

Law,Sovereignty and the Nation

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -