Offence Definitions in the European Sourcebook of Crime and Criminal Justice Statistics and Their Influence on Data Quality and Comparability

Reaching a high conformity of reported data for different offence groups with the standard definitions provided for these offences is a crucial issue in order to improve comparability of crime and criminal justice data from official sources between countries. Based on data and metadata collected for the European Sourcebook of Crime and Criminal Justice Statistics (ESB), this article takes a close look at the offence definitions used in the 4th edition Sourcebook. After an overview on ESB methodology, namely on questionnaire design and data validation procedures, the general structure of offence definitions in the ESB context is shown and changes compared to earlier editions are explained. Afterwards, ESB data and definition metadata are used to check the quality of the definitions used. Overall and item conformity rates for each offence definition are calculated and assessed. Missing data rates as another indicator for quality problems of definitions are also evaluated. Then, variation coefficients for the different offence groups are compared and critically assessed. The final part of the article contains a view on the distribution of conformity with definitions across Europe. Altogether, offence definitions in the ESB turn out to work very well. Conformity rates tend to be high and variation coefficients are mostly quite uniform for the different offence categories. However, some problematic offence definitions can be identified. As a result of regional analysis it can be shown that conformity rates across Europe do not vary randomly, but follow a certain pattern.     

Participatory system dynamics modelling for dairy value chain development in Nicaragua

The use of system dynamics tools can add valuable insights when identifying and evaluating priorities for pro-poor value chain upgrading. However, to better understand the complex systems in agricultural value chains and to develop useful models, a participatory modelling process is important. This article highlights the group model building process of the dairy value chain in Matiguás, Nicaragua, one of a few examples of participatory model building in developing countries. The results confirm several benefits with participatory system dynamics modelling, including team learning, a greater understanding of the value of modelling, and a tool for decision-making and priority setting.     

Free choice of legal fee shifting rules?

In every country in the world parties to private litigation are subject to a predetermined fee shifting regime. While there are no institutionalized opt-out provisions so far, we demonstrate that such provisions could improve welfare. We argue that private negotiations are not a viable alternative to such opt-out provisions. We derive the conditions under which welfare improvements occur and suggest an applicable design for such an opt-out scheme.     

AGAINST THE SPIRIT OF LOCAL GOVERNMENT: THE MAKING OF TASMANIAN TOWN AND COUNTRY PLANNING LEGISLATION

Abstract: Town planning as part of a wider program of postwar reconstruction gained support in Tasmania in the 1940s. This support resulted in the passage of the Town and Country Planning Act 1944, the first major major piece of town planning legislation in Tasmania. This article examines the background to this statute, focusing on the deliberations of a joint committee of parliament appointed to hear the views of interested parties on town planning. Particular attention is devoted to the dispute over whether municipal councils or a town planning board with wide powers should regulate town planning. The land use planning reforms introduced in 1993 are also assessed.     

The Optional European Code on the Basis of the Acquis Communautaire—Starting Point and Trends

Abstract:  The idea of creating a European Code for contract law, though recent, has gathered pace. Although most work towards this goal has so far assumed that the principles should be constructed through critical comparative law studies of the existing contract laws of Member States, it is argued here that the acquis communautaire provides a modern and democratically endorsed collection of principles, which can be quite well systematised, that should provide the starting-point for scholarly endeavours towards the construction of a code of contract law.     

Der Umweltbericht in der Strategischen Umweltprüfung nach dem neuen UVPG

Das neue Gesetz über die Umweltvertr?glichkeitsprüfung (UVPG) setzt die Anforderungen der Richtlinie über die Umweltprüfung von Pl?nen oder Programmen (Plan-UP-RL) mit etwa einem Jahr Versp?tung in bundesdeutsches Recht um. Für die Strategische Umweltprüfung (SUP) besteht damit nun zumindest auf Bundesebene ein einheitlicher gesetzlicher Rahmen. Die Inhalte der Strategischen Umweltprüfung sind in einem sog. Umweltbericht zu dokumentieren. Der Beitrag gibt einen überblick über die Anforderungen, die an einen solchen Umweltbericht vor dem Hintergrund des neuen § 14g UVPG zu stellen sind.     

Proportionality and balancing in WTO law: a comparative perspective

This article discusses the concepts of proportionality, necessity and balancing in the World Trade Organization (WTO) legal framework. These concepts are increasingly important in the context of services and establishment regulated by the General Agreement on Trade in Services. The role and meaning of proportionality, necessity and balancing are not clear. The emerging WTO case law is analysed in this article, which adopts a comparative approach, drawing upon proportionality and balancing tests in different national and international legal orders. It discusses how these tests could influence the interpretation and application of WTO law. A main argument is that trade-offs among competing norms and values are unavoidable in WTO dispute settlement, and that the proportionality analysis could contribute to making this process more transparent, rational and predictable.