The European Convention as an Invigorator of Domestic Law in the Netherlands

This article examines the impact of the European Convention on Human Rights on domestic law in the Netherlands, with special regard to criminal procedure. The Convention has contributed to slow but profound transformations in the structure of criminal proceedings and to making these proceedings more adversarial and more rights oriented. It has opened up the Dutch system of criminal justice to the world and forced it to adapt itself to international standards of fairness. As a result, this system has become less naïve, more sophisticated, and more mature. Moreover, the case of the Netherlands illustrates how the Convention acts as a motor of convergence between civil law and common law systems of criminal justice.     

Preventing paraffin-related injury

Paraffin (called kerosene in North America and other parts of the world) is the most commonly used fuel in ?non-electrified dwellings worldwide. It is especially popular in Africa and South Asia. Although paraffin ?offers many advantages-especially its comparatively low cost to produce-it poses two major risks of ?injury. First, paraffin poisoning is common, either through ingestion or through inhalation of smoke and ?fumes. Second, paraffin is highly flammable, and poses fire risk through multiple causes. This commentary ?discusses strategies to prevent paraffin-related injury. Prevention of paraffin-related injury must be through ?multiple strategies, and should include policy-oriented change, changes to the safety of home environments, ?and behavioral changes targeting how individuals store and use paraffin and paraffin appliances. We review ?successful prevention strategies in each of these domains and discuss appropriate research and community ?initiatives that should be implemented to improve paraffin safety among at-risk populations. ?     

Damaska and the Faces of International Criminal Justice

Mirjan Damaka 's scholarly publications provide important insightsfor the analysis of systems of criminal justice at the internationallevel. This is particularly true for his major book: The Facesof Justice and State Authority – A Comparative Approachto the Legal Process. The book develops ideal types, or models,of the structure and the function of government. As far as thestructure of government, the ideal types of hierarchical andcoordinate officialdom are contrasted with one another. Withregard to the function of government in society, two other mutuallyexclusive ideal types are developed: the ideal type of the purelyreactive state and that of the purely activist state. In thepurely reactive state all state activities are essentially aform of dispute resolution between individual citizens. Consequently,all proceedings take the shape of a contest between two parties.In the reactive state, on the other hand, all law is an expressionof state policies. This entails that all proceedings are essentiallyan official inquiry enabling the state to implement its policies.The four ideal types call for several observations, one of thembeing that, at the international level, there is no authoritythat can be compared to a state. Setting up international criminal courts requires choices withregard to the structure and function of authority. Internationalhuman rights instruments provide no guidance as to the natureof the choices to be made. In particular, they do not indicatewhether the legal process should be structured as a contestbetween two parties or as an official inquiry. The same is truefor empirical evidence. An analysis of the structures of authority in internationalcriminal courts reveal that they represent hybrids of the hierarchicaland the coordinate ideal types of officialdom. The fact thatthese courts are unitary courts has a profound effect on evidentiaryarrangements. The most important issue raised by the exposition of ideal typesof The Faces of Justice concerns the relationship between thegoals of international criminal justice and the appropriatelegal process to serve their realization. Goals of a conflict-solvingnature are best served by a legal process structured as a contestbetween two parties and goals related to the implementationof policies by a legal process structured as an official inquiry.It is therefore essential to determine what goals are beingpursed by international criminal courts. One may distinguishhere between goals that international systems of justice mayor may not have in common with national systems of criminaljustice. The pursuit of the traditional goals of criminal justicecommon to international and national systems of justice doesnot provide compelling reasons to prefer either a contest modelor an inquest model of the legal process. This is different,however, for the idiosyncratic goals of international criminaljustice that set apart international systems of criminal justicefrom national systems. The pursuit of these goals makes it desirablethat historical facts are established as accurately as is possiblein the given circumstances. They are, therefore, best servedby a legal process that takes the shape of an official inquiry.In the hybrid type of procedure adopted by the ICTY there isinsufficient clarity about the procedural status of the peculiargoals of international criminal justice as well as about theuse of procedural means to pursue them. This entails that itis not really possible to determine whether this hybrid representsa success. Hybrid types of procedure cannot truly exist withoutadopting a view with regard to the impartiality of judges thatis inspired by standards enshrined in international human rightsinstrument rather than those that are characteristic for thelegal process shaped as a contest between two parties.     

Rhetoric and ethics: looking at the marks of our reading/speaking in society

ABSTRACT

This article follows aspects of the current debate on racism as embodied in the AIDS-HIV controversy. It discusses President Thabo Mbeki's AIDS letter to world leaders in terms of the religious reality it invokes and his reaction to opposition at home regarding his stance on the link between AIDS and HIV. His handling of opposition is analysed in terms of Emmanuel Levinas's concept of the Other and J Hillis Miller's concept of the law of the text. The article concludes that the debate on racism is still stifled by essentialist thinking on both sides of the racial spectrum, making it very difficult to transcend the situation.     

From Al‐Aqsa to Aqaba: The Israeli‐Palestinian conflict and the road map to peace

The much‐heralded road map for peace has hardly made a dent in the conflict which shows no signs of abating.     

Cooperation Challenges for the Special Tribunal for Lebanon

While the Agreement between the United Nations and Lebanon providesa solid framework for cooperation between the Special Tribunaland Lebanon, Security Council Resolution 1757 (2007) is silenton the duty of third states to assist the Tribunal. As a result,the Special Tribunal will be confronted with a variety of obstaclesand problems in obtaining their cooperation, which may seriouslyhamper its functioning.     

Libya's foreign policy in flux

This article provides a brief assessment of Libya’s oftenunpredictable foreign policy with regard to Africa. The firstsection presents a brief historical background to Libya’sinvolvement on the African continent and Colonel Gaddafi’smilitary interventionism in Africa. The next section assessesthe 1990s and Muammar Gaddafi’s popularity during thisperiod as well as his often extravagant economic involvementin Africa. The third section considers Gaddafi’s ambitiousrole in the African Union and his efforts to secure a unitedAfrica. The fourth section assesses Gaddafi’s dramaticforeign policy shift from rogue criminal to responsible statesman,following his historic decision to relinquish his country’sweapons of mass destruction (WMD) and an almost enthusiasticwillingness to welcome the West back after decades of antagonismand the subsequent wave of international praise as a consequence.Finally, it gives a brief assessment of the future of Libya’sforeign relations.