Propensity to Apply for Judicial Office under the new Northern Ireland Judicial Appointments System::A qualitative study for the Northern Ireland Judicial Appointments Commission October

The study of representation and participation in the judiciary is hardly novel. There have been substantial studies in a number of countries – often these have preceded the setting up of judicial appointment commissions – which have looked at the continuing problem of female representation in judicial posts. Prior to the setting up of the Northern Ireland Judicial Appointments Commission a study carried out by Dermot Feenan for the Commissioner for Judicial Appointments for Northern Ireland also looked into this topic and produced a large number of recommendations. What differs from the Feenan project, in this project, has been the number of individuals consulted in interviews and focus groups. This has allowed us to provide a detailed qualitative attitudinal perspective to enhance the questionnaire study undertaken as Stage 1 in this research project. Further, we have carried out this study after many of the recommendations made in previous research have been implemented.
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Our interviews and focus groups covered a broad range of individuals – solicitors outwith and within Belfast (private and public service), barristers in private practice and public service and also barristers no longer in practice. We also sought responses from student lawyers. In total there were 71 respondents, with a typical interview/focus group length of 60 minutes. The group included candidates who had little interest in applying for judicial office, those who might consider this in future, and candidates who had applied for one or more judicial posts and who may or may not consider reapplication. We did not seek the views of successful candidates for judicial posts under the new NIJAC process.
The timing of this project, with interviews and focus groups held between December 2007 and March 2008, offers an early perspective on the whether the creation of a NI Judicial Appointments Commission has affected, and if so, in what way, the decision to apply for a judicial post. Generally, we found that there was a significant impact upon attitudes to judicial application which had arisen from the creation of NIJAC and that this was more positive than negative.

Domestic Violence and the Inter-American Commission on Human Rights: Jessica Lenahan (Gonzales) v United States

On 21 July 2011 the Inter-American Commission on Human Rights issued its much awaited decision in the case of Jessica Lenahan (Gonzales) v United States. In a landmark decision the Commission found the United States of America to be in violation of the American Declaration of the Rights and Duties of Man 1948 due to the failure of the state to protect a victim of domestic violence and her children. This paper analyses the Lenahan decision and its significance for the United States. In particular, the substantial influence of the case law of the European Court of Human Rights on the Commission’s reasoning is examined.

Excluding Coexistence of GMOs? The Impact of the EU Commission's 2010 Recommendation on Coexistence

In the midst of the European Union (EU) genetically modified organisms (GMOs) regime, coexistence of GM and non-GM crops alongside each other remains technically within the competence of the Member States. Post EU authorization of a GM crop, Member States may legally take appropriate measures to limit or prevent the presence of GMOs within non-GM crops. In July 2010, as part of a Cultivation Package, the Commission created a new Coexistence Recommendation that supports a flexible approach to more stringent coexistence measures by the States, while attempting to maintain control over the legitimate objectives justifying the measures. This article analyzes the impact of the 2010 Recommendation upon coexistence in the context of the existing practices and the previous 2003 Recommendation, taking into account its status as a soft law document and the ‘domino effect’. It is argued that the 2010 Recommendation may have greater practical and legal ramifications for coexistence than might first be thought. In attempting to create guidelines that allow a more flexible and inclusive approach towards national measures, the 2010 Recommendation may act as a catalyst to eventually exclude GM cultivation within Member States.

Rewarding Merit in Judicial Appointments?: A research project undertaken by the School of Law, Queen’s University Belfast for the Northern Ireland Judicial Appointments Commission

This research involved carrying out an online survey using a number of vignettes/scenarios to explore understandings and attitudes to judicial appointments. This sort of survey is relatively novel in this context and provided a useful way of understanding how a range of factors such as merit and seniority, career paths and connections, as well as gender and visibility, are perceived as operating within the appointments system. The research also involved a series of focus group interviews with a number of individuals with various professional backgrounds and at different levels of seniority. These, and a limited number of individual interviews, afforded an opportunity to explore more closely some of the themes arising from the scenarios as well as a chance to look in some depth at some of the views and concerns of a range of members of the legal professions.

Building upon the previous research project, this work was less concerned with revisiting earlier themes and more interested in exploring how the idea of “merit” as a governing factor in judicial appointment is seen as working in practice, and whether it is perceived as being most likely to be found within particular career profiles. We also investigated issues such as the possible development of formal and informal pathways to a judicial career and practical problems such as how an applicant might become known to the senior judiciary, and the importance of this. Overall our interest was primarily in developing an understanding of how gender is perceived to operate in the appointments process and how any barriers to recruiting women, particularly to the senior judiciary, could be further broken down.

A roadmap for marine spatial planning: A critical examination of the European Commission's guiding principles based on their application in the Clyde MSP Pilot Project

The European Commission has developed a set of common principles for marine spatial planning in the European Union. A critical examination of these principles in practice is undertaken through an evaluation of the Clyde Marine Spatial Planning Pilot Project. The principles are found to be lacking in specificity and somewhat inconsistent with the ecosystem based approach, which they advocate. Lessons for new marine spatial planning initiatives, relating particularly to stakeholder participation, governance, data requirements, objective setting, and skills and knowledge needs, are derived from the Clyde Pilot. © 2011.

The indirect effects of biofuels and what to do about them:The case of grass biomethane and its impact on livestock

Grass biomethane surpasses the 60% greenhouse gas (GHG) savings relative to the fossil fuel replaced required by EU Directive 2009/28/EC. However, there are growing concerns that when the indirect effects of biofuels are taken into account, GHG savings may become negative. There has been no research to date into the indirect effects of grass biomethane; this paper aims to fill that knowledge gap. A causal-descriptive assessment is carried out and identifies the likely indirect effect of a grass biomethane industry in Ireland as a reduction in beef exports to the UK. Three main scenarios are then analyzed: an increase in indigenous UK beef production, an increase in beef imported to the UK from other countries (EU, New Zealand and Brazil), and a decrease in beef consumption leading to increased poultry consumption. The GHG emissions from each of these scenarios are determined and the resulting savings relative to fossil diesel vary between -636% and 102%. The significance of the findings is then discussed. It is the view of the authors that, while consideration of indirect effects is important, an Irish grass biomethane industry cannot be held accountable for the associated emissions. A global GHG accounting system is therefore proposed; however, the difficulty of implementing such a system is acknowledged, as is its probable ineffectualness. Such a system would not treat the source of the problem - rising consumption. The authors conclude that the most effective method of combating the indirect effects of biofuels is a reduction in general consumption. © 2011 Society of Chemical Industry and John Wiley & Sons, Ltd.

Potential impacts of climate change on veterinary medicinal residues in livestock produce: An island of Ireland perspective

Residues of veterinary medicines are a food safety issue regulated by European legislation. The occurrence of animal diseases necessitating application of veterinary medicines is significantly affected by global and local climate changes. This review assesses potential impacts of climate change on residues in food produced on the island of Ireland. Use of various classes of veterinary drugs in light of predicted local climate change is reviewed with particular emphasis on anthelmintic drugs and consideration is given to residues accumulating in the environment. Veterinary medicine use is predicted to increase as disease burdens increase due to varied climate effects. Locally relevant mitigation and adaptation strategies are suggested to ensure climate change does not adversely affect food safety via increasing drug residues.

Commission on the Voluntary Sector and Ageing: a policy review

This article comments on the English Commission on the Voluntary Sector & Ageing, a voluntary sector-led initiative aimed at making proposals for voluntary sector leaders and charitable organisations on how to approach the ageing population. By examining the work of the commission, the review contributes to debates on the implications of population ageing for the voluntary sector.

Old truths and new politics:Does truth commission 'publicness' impact democratization?

This article analyzes the relationship between truth and politics by asking whether the 'publicness' of a truth commission - defined by whether it has public hearings, releases a public report, and names perpetrators - contributes to democratization. The article reviews scholarship relevant to the potential democratizing effects of truth commissions and derives mechanisms that help explain this relationship. Work from the transitional justice field as well as democratization and political transition more generally is considered. Using a newly-constructed Truth Commission Publicness Dataset (TCPD), the analysis finds that even after statistically controlling for initial levels of democracy, democratic trends in the years prior to a commission, level of wealth, amnesties and/or trials, the influence of the South African Truth and Reconciliation Commission, and different cutoff points for measuring democratization across a number of models, more publicness predicts higher levels of democracy years after the commission has finished its work. The more public a truth commission is, the more it will contribute to democratization. The finding that more public truth commissions are associated with higher levels of democratization indicates particular strategies that policymakers, donors, and civil society activists may take to improve prospects for democracy in a country planning a truth commission in the wake of violence and/or government abuse. © The Author(s) 2012.