EU–US Trade Disputes about Risk Regulation: The Case of Genetically Modified Organisms

The cultivation of crops increasingly employs genetically modified organisms worldwide. The nature and the probability of side and latent effects of the mass use of genetic engineering are, at present, unforeseeable. A trade-off between risks and benefits is therefore hard to define. The precautionary principle is a globally known though not undisputed approach to handling such uncertainties. Its application is the focus of a World Trade Organisation (WTO) dispute settlement case between the US and the EU about the approval of genetically modified seed in Europe. The competent Panel (Panel in European Communities – Measures Affecting the Approval and Marketing of Biotech Products, WT/DS291, WT/DS292 and WT/DS293) was scheduled to close the case at the end of 2005. I argue that the dispute is not about the recognition of the precautionary principle in itself, but about different cultural preferences of dealing with risk, leading to disagreement over how the precautionary principle should apply in practice. I suggest that the WTO ought to respect the cultural foundation of risk perception and integrate it into its legal system.     

A novel understanding of experimentation in governance: co-producing innovations between “lab” and “field”

What do experiments do for governance? Along with pragmatist and performative conceptions, we argue that they do not test already existing conditions of governing, but actively transform such conditions. Experiments help to realize specific models of governance by co-producing collective knowledge and material practices. We analyze a series of experiments with “emissions trading” in the USA between 1968 and 2000. The historical perspective shows how different types of experiments worked together: experiments in the laboratory and in the field supported each other in creating epistemic and political authority. This “ping-pong between lab and field” produced subjects and objects, facts and values, knowledge and power and aligned them in a new socio-material configuration, thus realizing emissions trading as a new form of governance.     

What does Brexit Tell Us about Our Understanding of European Identity?

This paper reports on a number of Eurobarometer surveys undertaken by the European Commission as a way of reflecting on Brexit and the challenges it poses to European identity. Our work with the surveys has been undertaken in the context of developing an educational game (RU EU?) which will explore European identity. European citizenship and identity have been strongly promoted by the EU but, while they appear to have been accepted at an elite level, the EU—and the UK in particular—have so far not constructed a narrative which has been supported by ‘ordinary’ citizens. Brexit has therefore exposed the failings of European elites in this regard. That said, there is some evidence that the complexities of Brexit have led to a strengthening of European identity in the other EU 27 countries.     

Brexit,Fisheries and Scottish Devolution: An Intergovernmental Disruption

With the UK set to leave the EU, the Common Fisheries Policy (CFP) will no longer apply and an alternative legislative framework will need to be put in place, simultaneously navigating the devolved settlement. However, aspects of fisheries management fall under the area of international negotiation which is reserved to the UK government. Disagreements between the UK and Scottish governments over where the line between devolved and reserved lies in this matter has led to difficulties in formulating a post‐Brexit fisheries framework. This dispute has exposed weaknesses in relations between the two governments.     

The influence of institutions and culture on health policies: different approaches to integrated care in England and The Netherlands

The concept of integrated care has assumed growing importance on the policy agendas both in England and The Netherlands and elsewhere. It is characterized as health and health care-related social care needed by patients with multi-faceted needs. This article compares policy approaches to integrated care in England and The Netherlands. Differing political strategies and conditions for integrated care correspond to the dissimilarities in the institutional structure and culture of their health care systems. Health care systems are understood as specific national and historical configurations. We review the last decade's relevant policy processes, using the concepts of hierarchy, market and network. The state health care system in England relies mainly on hierarchical steering, thus creating tight network structures for integrated care on the local level. The Netherlands, with its health care system in a public-private mix, has set incentives for voluntary, loosely coupled and partly market-driven cooperation on the local level. Implications for success or failure are mixed in both configurations. Policy recommendations have to be tailored to each systems' characteristics.     

Exploring Lawyer–Client Interaction

Personal injury victims involved in compensation processes have a worse recovery than those not involved in compensation processes. One predictor for worse recovery is lawyer engagement. As some people argue that this negative relation between lawyer engagement and recovery may be explained by lawyers’ attitude and communications to clients, it seems important to investigate lawyer–client interaction. Although procedural justice and therapeutic jurisprudence had previously discussed aspects relevant for lawyer–client interaction, the client’s perspective has been rather ignored and only few empirical studies have been conducted. In this qualitative study, 21 traffic accident victims were interviewed about their experiences with their lawyer. Five desirable characteristics for lawyers were identified: communication, empathy, decisiveness, independence, and expertise. Communication and empathy corresponded with aspects already discussed in literature, whereas decisiveness, independence and expertise had been addressed only marginally. Further qualitative and quantitative research is necessary to establish preferable lawyer characteristics and to investigate what would improve the well-being of personal injury victims during the claims settlement process.     

Does the Wage Tax System Cause Budget Deficits A Macro-Economic Experiment

In this paper we investigate experimentallythe economic functioning of a wage taxsystem for financing unemployment benefits in aninternational economy, in particular inreaction to budget deficits and taxadjustment. Our results support the hypothesisthat due to out-of-equilibrium priceuncertainty producers are reluctant toemploy inputs. We also observe a downward pressureon wages exacerbated by an over-supply of labor by consumers. Theseobservations can explain the budgetdeficits found. Furthermore, we find that taxadjustments in order to facilitate abalancing of the budget has strong adverse effects onunemployment and real GDP.     

Can Money Symbolize Acknowledgment? How Victims’ Relatives Perceive Monetary Awards for Their Emotional Harm

Legal systems differ markedly on how they treat the emotional harm suffered by close family members of crime or accident victims. This paper reports the results of two empirical studies examining how citizens whose child, partner, or parent was killed or seriously injured as a result of violent crime or tort (secondary victims) perceive a monetary award for their own non-economic harm relating to the death or injury of their loved one. The objective of our research was to test the Dutch legislator's assumption that a (modest) monetary award for secondary victims' emotional harm can have a meaningful symbolic value by providing recognition and satisfaction. Until then, no compensation was available for such harm under Dutch law. In addition, we examined whether victims' relatives preferred standardization or individuation in determining the amount of the award, how they evaluated the amount, and the manner in which such awards might be offered. In a first quantitative survey study conducted in the Netherlands, 726 secondary victims were asked for their evaluations of such awards for the emotional harm they suffered as a result of the death or injury of their family member. We also asked our representative sample about their actual experience of the legal process in order to put their evaluations of such awards into context. In a second qualitative study, conducted in Belgium, interviews were held with 14 secondary victims who had actually received an award for their own emotional harm under Belgian law (study 2). Results suggest that secondary victims regard an award for emotional harm as a positive gesture and may interpret it as helping to satisfy relatives' psychological concerns by seeing it, for example, as an acknowledgment of loss and responsibility. Overall findings suggest that victims' relatives may be seeking acknowledgement of their emotional losses and the norm violation.     

Dynamics of decapitation after falling in a self-tightening rope noose

In decapitation by dropping into a slip noose, it is in principle justified to doubt that suicide is involved. It must hence always be checked whether the dynamics to be inferred from the concrete facts can result in decapitation. Essential characteristics of the dynamics are the deceleration forces (tractional force of the rope) that are determined by the height of the drop, the directional force of the rope and the body mass of the victim as well as the density of the lines of centripetal force acting on the neck. However, the appropriateness of the dynamics must at all events be corroborated by compatible autopsy and scientific criminological findings with regard to the characteristic wound morphology, the intravital signs, the trace analysis and the topography of the fiber ablation traces on the rope that are due to the effect of heat.