International Law and Its Others

Netherlands International Law Review -     

State, administration and governance in Germany: competing traditions and dominant narratives

The article explores the evolution of competing views on state, administration and governance in Germany from an historical perspective, with an emphasis on the last five decades. To understand the governance discourse in Germany one has to start from different notions of the state. The first part therefore offers a brief, somewhat polemic, overview about different state traditions in Germany in the twentieth and twenty–first centuries. The second part looks at how discourses about the proper role, the appropriate structures and processes of the public sector and its interactions with its environment have changed during the history of the Federal Republic. The analytic focus is on the different narratives about administrative policies, understood as the various scenarios, assumptions and arguments on which competing policy–suggestions for the public sector have been based. The article argues that it is not sufficient to interpret the ups and downs of different discourses and Leitbilder as more or less erratic, post–modern fashions and fads. Instead, the line up of the central catch–phrases, from democratic via active and lean to the activating state, reflect learning processes, driven above all by the political competition creating a continuous demand for 'better', more appropriate narratives to guide and explain current policies.     

Incentives for pollution abatement: Regulation,regulatory threats,and non‐governmental pressures

In the last decade, voluntary efforts by firms to reduce their environmental impacts have received increasing attention from both policymakers and scholars. This article discusses polluters' incentives to reduce their releases. In particular, using data from Canada's National Pollutant Release Inventory, it examines the impacts of conventional regulation, threats of regulation, and non‐governmental pressures facilitated by public dissemination of information about pollutant releases. The vast majority of reductions reported to the inventory to date were found not to be voluntary, as has often been assumed, but are, rather, the result of direct regulation of a relatively small number of polluters. Strong effects of federal regulation were found among other sources, as well, with much weaker responses to the mere threat of regulation. However, of concern are the growth of less visible waste streams—such as land disposal and underground injection—as well as transfers of wastes to other communities. Finally, evidence is reported that some waste streams are increasing in toxicity, an effect that may outweigh the benefits of reductions in releases. © 2003 by the Association for Public Policy Analysis and Management.     

Combined Collection and Analysis of Inorganic and Organic Gunshot Residues

Gunshot residue (GSR) analysis and their interpretation provide crucial information on a criminal investigation involving the use of firearms. To date, several approaches have been proposed for the implementation of a combined sampling and analysis of inorganic (IGSR) and organic GSR (OGSR). However, it is not clear at this stage if concurrent analyses of both types of residue might be detrimental to the analysis of IGSR currently applied in forensic laboratories. Thus, this work aims to compare and evaluate three different protocols for the combined collection and analysis of IGSR and OGSR. These methods, respectively, involve the use of a modified stub (with two halves, one for the detection of IGSR and the other for the analysis of OGSR); the sequential recovery of GSR with two stubs mounted with different adhesives (double-sided carbon tape and Tesa® TACK) and the sequential analysis of IGSR and OGSR from a single carbon stub following carbon deposition. The detection of IGSR was carried out using SEM-EDX, while OGSR analysis was performed using ultra-high-performance liquid chromatography–tandem mass spectrometry (UHPLC-MS/MS). Obtained results for experiments performed using Geco Sinoxid^® ammunition indicated that sequential analysis was the most suitable protocol for the combined collection and analysis of both IGSR and OGSR. A higher number of inorganic (characteristic and consistent) particles and higher concentrations of ethylcentralite, N-nitrosodiphenylamine, diphenylamine, and nitroglycerin were recovered with this method.     

Do Political Similarities Facilitate Interlocal Collaboration?

This research examines the extent to which political similarities—that is, homophily between political actors at the local level—affect patterns of interorganizational collaboration in an emergency response situation. While the field of emergency management has focused on implementation‐oriented arrangements among key stakeholders, few studies have systemically investigated the creation and development of interorganizational collaborations led by political actors, especially following catastrophic events. The analysis reveals that a dyadic tie with political homophily boosts local responders’ ties with other agencies during emergencies. Findings indicate that political solidarity, formulated by chief elected officials of municipalities and council members, can broaden the scope of interorganizational collaboration by mitigating institutional collective action problems at the local level. This research presents a critical recommendation for emergency managers that interlocal collaboration for timely response to a disaster is attributable to political similarities that facilitate frequent interlocal interactions through formal and/or informal agreements.     

Privileged Exclusion in Post-Soviet Kazakhstan: Ethnic Return Migration,Citizenship, and the Politics of (Not) Belonging

This article explores issues of citizenship and belonging associated with post-Soviet Kazakhstan’s repatriation programme. Beginning in 1991, Kazakhstan financed the resettlement of over 944,000 diasporic Kazakhs from nearly a dozen countries, including Mongolia, and encouraged repatriates to become naturalised citizens. Using the concept of ‘privileged exclusion’, this article argues that repatriated Kazakhs from Mongolia belong due to their knowledge of Kazakh language and traditions yet, at the same time, do not belong due to their lack of linguistic fluency in Russian, the absence of a shared Soviet experience, and limited comfort with the ‘cosmopolitan’ lifestyle that characterises the new elite in this post-Soviet context.     

Single Nucleotide Polymorphism Assay for Genetic Identification of Lophophora williamsii*

Lophophora is a member of the Cactaceae family, which contains two species: Lophophora williamsii and L. diffusa. Lophophora williamsii is an illegal plant containing mescaline, a hallucinogenic alkaloid. In this study, a novel method based on a single nucleotide polymorphism (SNP) assay was developed for identifying L. williamsii; this assay reliably detects SNPs within chloroplast DNA (rbcL, matK, and trnL-trnF IGS) and was validated for identifying Lophophora and L. williamsii simultaneously. The chloroplast DNA sequences from four L. williamsii and three L. diffusa plants were obtained and compared using DNA sequence data from approximately 300 other Cactaceae species available in GenBank. From this sequence data, a total of seven SNPs were determined to be suitable for identifying L. williamsii. A multiplex assay was constructed using the ABI PRISM^® SNaPshot™ Multiplex Kit (Applied Biosystems, Forster City, CA) to analyze species-specific SNPs. Using this multiplex assay, we clearly distinguished the Lophophora among 19 species in the Cactaceae family. Additionally, L. williamsii was distinguished from L. diffusa. These results suggest that the newly developed assay may help resolve crimes related to illegal distribution and use. This multiplex assay will be useful for the genetic identification of L. williamsii and can complement conventional methods of detecting mescaline.     

Simplified Direct PCR Method for Reference Buccal Samples Using a Non-FTA Card by Omitting the Pretreatment Step

When using non-FTA cards in commercial multiplex STR kits for direct PCR, pretreatment steps with specific buffers are recommended. Here, we designed a rapid direct PCR method utilizing a non-FTA card, Oral Cell Sampling Kit, by omitting the pretreatment step involving Prep-n-Go™ Buffer, and it showed compatibility with the GlobalFiler™ Express PCR Amplification Kit, GlobalFiler™ PCR Amplification Kit, and PowerPlex^® Fusion system. To optimize the PCR conditions, we tested the method with different final PCR volumes and cycles. Finally, we conducted a performance test using 50 Korean buccal samples and confirmed the high performance of the method, detecting more than 90% of the samples with full profiles when using GlobalFiler™ PCR Amplification Kit and PowerPlex^® Fusion system at 29 cycles in a 10 μL final PCR volume. Thus, we report a simple direct PCR set-up to analyze reference samples collected using a non-FTA card manufactured in Korea.