Defense Industries and Global Dependency

The global defense industrial sector is a remarkably accurate indicator of the distribution of power in the post-Cold War international system. However, the defense industrial sector as a policy tool has received relatively little scrutiny, even though it not only reflects the international order, but also provides the United States with the ability to influence the foreign policy behavior of other states. The defense industrial sector is a powerful, if undervalued, diplomatic tool in the United States’ political arsenal.     

South Korea's Faustian Attitude: The Republic of Korea's Decision to Send Troops to Iraq Revisited

South Korea sent troops to Iraq not because of any perceived threat from an Iraqi nuclear programme, but to seek influence over American foreign policy towards North Korea. At no point did the general public support the American invasion and war in Iraq; most South Koreans also opposed sending troops to Iraq. However, the government chose to send first non-combat and later combat troops to Iraq, and the public approved of the former choice and support was growing for the latter. The liberal President Roh Moo-Hyun had to persuade the public on this issue, even in opposition to his core supporters, risking political isolation. What the public and the President aimed at was a peaceful resolution of the North Korean nuclear issue and business opportunities. The national interest that South Korea pursued in sending troops to Iraq was policy influence over the US guarantee not to use military power against North Korea.     

REACH: A Step Change in the Management of Chemicals

The EU has regulated chemicals since the late 1960s using both general and sectoral legislation, and exposure-based, hazard-based and risk-based decisions. A new proposal from the European Commission – on the Registration, Evaluation and Authorization of Chemicals (REACH) – will build on the experiences of the existing legislation and introduce some new concepts in the management of chemicals. This article is aimed at assessing the current chemical control mechanisms in the EU and those put forward in REACH to demonstrate how REACH is a new paradigm in chemicals management. REACH will carry forward today's experience and approach to the management of chemicals in the EU and introduces some novel aspects, such as utilizing market-based mechanisms and putting into operation the 'substitution principle'.     

RICO: The genesis of an idea

In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The 1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define “racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate, try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions. In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages. RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal behavior. William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat. 922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996).     

The Economics of the “Final Solution”*

The economics of the Holocaust is a many‐facetted subject that is an integral part of the Holocaust's history. This paper describes some of the results of the new research since 1990 and discusses the economic rationalities employed by the perpetrators in despoiling the Jews. Economic considerations accompanied the timing and pace of the expropriation of Jewish assets and their “Aryanization.” The new research also shows that there was widespread collaboration in the expropriation of the Jews by private interests both inside Germany and in German‐controlled Europe and that networks of bureaucrats and private interests joined to achieve Nazi goals. The combination of expropriation and mass murder was one of the aspects of the Holocaust that made it unique.