Marianne’s liberty in jeopardy? A French analysis on recent counterterrorism legal developments

ABSTRACT

This article analyses two recent French counterterrorist legislations (Law No. 2016–386 – hereafter OCT&F law and the Law No 2017–1510 – hereafter the OCT&Flaw) through the lens of distinct yet complementary theoretical frameworks. Combining the State of Exception thesis of Giorgio Agamben, the Enemy Penology as framed by Günther Jakobs as well as the more recent scholarship contributions on Pre-Crime, the article seeks to contribute to the scholarly debate on the use and the consequences of the use of criminal and administrative law in the fight against terrorism. In view of the numerous terrorist attacks that France has faced in recent years, the article aims to provide deeper knowledge of the French case by drawing substantially from the unfamiliar French scholarship. The article argues that the measures recently adopted seem to deepen the exceptional and pre-emptive logic in which potentially dangerous subjects have to be identified as “the enemy” as soon as possible in order to then be contained and dealt with.     

The organisational and geographic diversity and innovation potential of EU-funded research networks

The Journal of Technology Transfer - Public funding of research improves the systemic conditions of entrepreneurial ecosystems. It provides early-stage financing to technologies that form the basis...     

Climate Change Sceptical Frames: The Case of Seven Australian Sceptics

Climate change sceptics are known for their resistance to proactive climate response policies, especially policies aimed at restricting greenhouse gas emissions. It is often assumed that scepticism about the science behind climate change would lead directly to outright rejection of all proactive climate policies aimed at mitigating emissions and adapting to climate‐induced changes already under way. This article demonstrates the variability among the climate policy views of seven well‐known Australian climate change sceptics in the period 2007–2012. Using the lens of frame‐analysis, we unpack some key sceptic rationales and narratives. The analysis shows that sceptics share a master frame that privileges individualist‐libertarian‐progress‐social order values, which are thus likely to conflict with the values implicit in conventional climate policy remedies. The analysis also shows that sceptical pre‐occupations diverge at more detailed framing levels, with various practical concerns and fears often at the centre of sceptical argumentation     

‘My Neighbour Drinks Clean Water,While I Continue To Suffer’: An Analysis of the Intra-Community Impacts of a Rural Water Supply Project in Mozambique

Rural water planners assume the positive impacts of community water projects are spread evenly across the population. We test this assumption by looking at the distribution of benefits within communities that received handpumps in rural Mozambique. Using survey and qualitative data we analyse the characteristics of those groups who benefited from the handpumps and also explore household decision-making processes. Handpump use was determined by distance, availability of other sources, perceptions of water quality, political affiliation, and wealth. We argue that the handpumps reinforced existing social divisions related to income and political affiliation and created new geographic divisions within communities.     

How policies become contested: a spiral of imagination and evidence in a large infrastructure project

This article investigates how framing processes lead to polarization in the public debate on a large infrastructure project. Drawing on an analysis of newspaper articles about the “Oosterweel connection” in Antwerp (Belgium), it concludes that imaginative framing (appeals to emotions via symbolic language) and framing through evidence (appeals to rationality via factual language) mutually reinforce each other. Because of the mutual reinforcement, we talk of a spiralling motion. When evidence backs up appeals to the imagination, such as when facts back up metaphors, these appeals are endowed with authority and hence legitimacy. While this strengthens appeals that have been “proven” to be true, it also makes actors backing these appeals increasingly frustrated with other parties that still refuse to accept them. Because of their frustration, the former are spurred to launch new imaginative appeals conveying their anger and to seek new evidence to substantiate these new appeals. Going back and forth between imaginative appeals and appeals to evidence, all parties in a conflict develop their own vision of the contested issue and their own evidence base for the policy position. Over time, their tolerance for ambiguity decreases and the debate polarizes.     

Quantitative indices for anti-human trafficking policies: based on reports of the U.S. State Department and the Council of Europe

Quantitative ratings of policies of national governments are an important tool for the monitoring of compliance with international standards in many domains. In this article we present a global index of anti-human trafficking policies developed by a research consortium using the TIP country reports of the U.S. State Department (the 3P index) and an index based on the reports of the monitoring body of the Council of Europe Convention against Human Trafficking (GRETA). Although the global 3P index gives more favorable ratings to most European countries than the GRETA-based index, a moderately strong correlation was found between the two indices. This is an encouraging result lending support to the validity of the assessments of both monitoring mechanisms as well as to their transformation into quantitative scores. We also demonstrate that the detailed GRETA-based index can be used to identify best practices in anti-trafficking policies and specific areas where these policies are most in need of improvement, e.g. legal aid and compensation for victims. Our analyses of the relationships between the various items of the index revealed positive correlations between the existence of units of specialized prosecutors and the numbers of convictions of traffickers. Our paper, then, demonstrates the potential of quantitative indices of counter human trafficking policies as tools for both effective monitoring of the implementation of international standards and for analytical purposes.     

Legal aspects of text mining

“Text mining” covers a range of techniques that allow software to extract information from text documents. It is not a new technology, but it has recently received spotlight attention due to the emergence of Big Data. The applications of text mining are very diverse and span multiple disciplines, ranging from biomedicine to legal, business intelligence and security. From a legal perspective, text mining touches upon several areas of law, including contract law, copyright law and database law. This contribution discusses the legal issues encountered during the assembly of texts into so-called “corpora”, as well as the use of such corpora.