Oltre il "Momento dell'Abolizione":Saggio in memoria di Louk Hulsman

This article is written to celebrate the fine contribution and constant optimism of Louk Hulsman to the debate about penal abolition, the rethinking of popular and political discourses on ‘crime’, and the institutionalised responses of the ‘criminal justice system’. Reflecting on his experiences of incarceration and on his critical analysis of the political economic relations of power, Louk Hulsman talked of the defining ‘moment of abolition’ – his reading of Thomas Mathiesen’s ground-breaking text, The Politics of Abolition. Having considered the key elements of Louk Hulsman’s work and its critical challenge to the criminological enterprise, the article explores the apparent political contradiction in campaigning for humane conditions while seeking abolition within the context of an ever-expanding, global prison-industrial complex.

Mobilizing against neoliberalism? Global affirmative action in context

This article uses the example of Northern Ireland to illustrate how political mobilization may
be deployed to challenge structural forms of inequality. The experience suggests that regulatory
models can be designed for particular contexts to shape approaches that present challenges to
dominant economic and political orthodoxies. The intention is not to overstate the significance
of this specific transitional context but simply to highlight elements that might feature in any
attempt to mobilize successfully around human rights and equality, and against aspects of neoliberal
thinking.

Non-convex dynamic economic/environmental dispatch with plug-in electric vehicle loads

Electric vehicles are a key prospect for future transportation. A large penetration of electric vehicles has the potential to reduce the global fossil fuel consumption and hence the greenhouse gas emissions and air pollution. However, the additional stochastic loads imposed by plug-in electric vehicles will possibly introduce significant changes to existing load profiles. In his paper, electric vehicles loads are integrated into an 5-unit system using a non-convex dynamic dispatch model. The actual infrastructure characteristics including valve-point effects, load balance constrains and transmission loss have been included in the model. Multiple load profiles are comparatively studied and compared in terms of economic and environmental impacts in order o identify patterns to charge properly. The study as expected shows ha off-peak charging is the best scenario with respect to using less fuels and producing less emissions.

Equality, justice and feasibility: an ethical analysis of the WBGU’s budget approach

According to the Budget Approach proposed by the German Advisory Council on Global Change (WBGU), allocating CO2 emission rights to countries on an equal per-capita basis would provide an ethically justified response to global climate change. In this paper, we will highlight four normative issues which beset the WBGU’s Budget Approach: (1) the approach’s core principle of distributive justice, the principle of equality, and its associated policy of emissions egalitarianism are much more complex than it initially appears; (2) the “official” rationale for determining the size of the budget should be modified in order to avoid implausible normative assumptions about the imposition of permissible intergenerational risks; (3) the approach heavily relies on trade-offs between justice and feasibility which should be stated more explicitly; and (4) part of the approach’s ethical appeal depends on policy instruments which are “detachable” from the approach’s core principle of distributive justice.

Young People’s Offending Careers and Criminal Justice Contact: A Case for Social Justice

This article draws on an analysis of young people’s offending careers. The research was initiated against a backdrop of changing discourse around youth justice in Ireland with a shift towards prevention of offending and diversion from the criminal justice system. Locating crime and criminal justice contact within a biographical context indicated that participants’ offending, and lives generally, was bound up in marginalized transitions to adulthood, and embedded within social and economic environments characterized by high deprivation. The findings support a further shift in focus towards addressing social injustice as a necessary prerequisite to tackle the origins of youth offending.

Sporting Justice: An Arbitrator's Perspective

Drawing on my experience of a number of sports dispute resolution tribunals in the UK and Ireland (such as Sports Resolutions UK; Just Sport Ireland; the Football Association of Ireland’s Disciplinary Panel and the Gaelic Athletic Association’s Dispute Resolution Authority) I intend to use this paper to review the legal arguments typically made in sports-related arbitrations. These points of interest can be summarised as a series of three questions: the fairness question; the liability question; the penalty question.

In answer to the fairness question, the aim is to give a brief outline on best practice in establishing a "fair" sports disciplinary tribunal. The answer, I believe, is always twofold in nature: first, and to paraphrase Lord Steyn in R v Secretary of State For The Home Department, Ex Parte Daly [2001] UKHL 26 at [28] "in law, context is everything" – translated into the present matter, this means that in sports disciplinary cases, the more serious the charges against the individual (in terms of reputational damage, economic impact and/or length of sanction); the more tightly wrapped the procedural safeguards surrounding any subsequent disciplinary hearing must be. A fair disciplinary system will be discussed in the context of the principles laid down in Article 8 of the World Anti-Doping Code which, in effect, acts as sport’s Article 6 of the ECHR on a right to a fair trial.

Following on from the above, in the 60 or so sports arbitrations that I have heard, there are two further points of interest. First, the claim before the arbitral panel will often be framed in an argument that, for various reasons of substantive and procedural irregularity, the sanction imposed on the appellant should be quashed ("the liability"). Second, and in alternative, that the sanction imposed was wholly disproportionate ("the penalty").

The liability issue usually breaks down into two further questions. First, what is the nature of the legal duty upon a sports body in exercising its disciplinary remit? Second, to what extent does a de novo hearing on appeal cure any apparent defects in a hearing of first instance? The first issue often results in an arbitral panel debating the contra preferentum approach to the interpretation of a contested rule i.e., the sports body’s rules in question are so ambiguous that they should be interpreted in a manner to the detriment of the rule maker and in favour of the appellant. On the second matter, it now appears to be a general principle of sports law, administrative law and even human rights law that even if a violation of the principles of natural justice takes place at the first instance stage of a disciplinary process, they may be cured on de novo appeal. Authority for this approach can be found at the Court of Arbitration for Sport and in particular in CAS 2009/A/1920 FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA at para 87.

The question on proportionality asks what, aside from precedent found within the decisions of the sports body in question, are the general legal principles against which a sanction by a sports disciplinary body can be benchmarked in order to ascertain whether it is disproportionate in length or even irrational in nature?

On the matter of (dis)proportionality of sanction, the debate is usually guided by the authority in Bradley v the Jockey Club [2004] EWHC 2164 (QB) and affirmed at [2005] EWCA Civ 1056. The Bradley principles on proportionality of sports-specific sanctions, recently cited with approval at the Court of Arbitration for Sport, will be examined in this presentation.

Finally, an interesting application of many of the above principles (and others such as the appropriate standard of proof in sports disciplinary procedures) can be made to recent match-fixing or corruption related hearings held by the British Horse Racing Authority, the integrity units of snooker and tennis, and at the Court of Arbitration for Sport.

A hybrid harmony search with arithmetic crossover operation for economic dispatch

Economic dispatch (ED) problems often exhibit non-linear, non-convex characteristics due to the valve point effects. Further, various constraints and factors, such as prohibited operation zones, ramp rate limits and security constraints imposed by the generating units, and power loss in transmission make it even more challenging to obtain the global optimum using conventional mathematical methods. Meta-heuristic approaches are capable of solving non-linear, non-continuous and non-convex problems effectively as they impose no requirements on the optimization problems. However, most methods reported so far mainly focus on a specific type of ED problems, such as static or dynamic ED problems. This paper proposes a hybrid harmony search with arithmetic crossover operation, namely ACHS, for solving five different types of ED problems, including static ED with valve point effects, ED with prohibited operating zones, ED considering multiple fuel cells, combined heat and power ED, and dynamic ED. In this proposed ACHS, the global best information and arithmetic crossover are used to update the newly generated solution and speed up the convergence, which contributes to the algorithm exploitation capability. To balance the exploitation and exploration capabilities, the opposition based learning (OBL) strategy is employed to enhance the diversity of solutions. Further, four commonly used crossover operators are also investigated, and the arithmetic crossover shows its efficiency than the others when they are incorporated into HS. To make a comprehensive study on its scalability, ACHS is first tested on a group of benchmark functions with a 100 dimensions and compared with several state-of-the-art methods. Then it is used to solve seven different ED cases and compared with the results reported in literatures. All the results confirm the superiority of the ACHS for different optimization problems.

Re-embedding economic and social constitutionalism:Normative perspectives for the EU

Introduction Tensions between the economic and the social dimensions of European integration are being perceived as increasing, and so is the potential for conflict between national and European levels of policy-making. Both are well illustrated by a highly controversial line of Court of Justice of the European Union (ECJ) cases on industrial relations: Viking and Laval have become symbols for the continuing dominance of the economic over the social dimension of European integration and for an increasing tendency of the EU to diminish national autonomy. As one consequence, demands to protect Member States’ social policy choices from EU law pressures arise. For such demands to be tenable, isolation of national and EU policy-making and of economic and social dimensions of European integration would have to be possible. This is arguably not the case. Economic and social dimensions of integration will thus have to be reconciled across EU and national levels, if the EU and its Member States are to maintain the ability of enhancing social justice against the pulls of economic globalisation.

BOOK: Property Rights and Human Rights in a Global Context

Property as a human rights concern is manifested through its incorporation in international instruments and as a subject of the law through property-related cases considered by international human rights organs. Yet, for the most part, the relationship between property and human rights has been discussed in rather superficial terms, lacking a clear substantive connection or common language. That said, the currents of globalisation have witnessed a new era of interrelation between these two areas of the law, including the emergence of international intellectual property law and the recognition of indigenous claims, which, in fundamental ways, speak to an engagement with human rights law.

This collection starts the conversation between human rights lawyers and property lawyers and explores analytical approaches to the increasing relationship between property and human rights in a global context. The chapters engage with key theoretical and policy debates and range across three main themes: the re-evaluation of the public/private divide in the law; the tensions between the market and social justice in development and the balance between the rights of individuals and those of communities. The chapters adopt a global, comparative perspective and engage in case studies from countries including India, Philippines, Brazil, the United States, the United Kingdom and includes various regions of Africa and Europe.

Wounded Spaces: When Planning Degraded Cairo’s Urban Memory

This paper examines the position of planning practices operated under precise guidelines for displaying modernity. Cultivating the spatial qualities of Cairo since the 1970s has unveiled centralised ideologies and systems of governance and economic incentives. I present a discussion of the wounds that result from the inadequate upgrading ventures in Cairo, which I argue, created scars as enduring evidence of unattainable planning methods and processes that undermined its locales. In this process, the paper focuses on the consequences of eviction rather than the planning methods in one of the city’s traditional districts. Empirical work is based on interdisciplinary research, public media reports and archival maps that document actions and procedures put in place to alter the visual, urban, and demographic characteristics of Cairo’s older neighbourhoods against a backdrop of decay to shift towards a global spectacular. The paper builds a conversation about the power and fate these spaces were subject to during hostile transformations that ended with their being disused. Their existence became associated with sores on the souls of its ex-inhabitants, as outward signs of inward scars showcasing a lack of equality and social justice in a context where it was much needed.

Global Systemic Risk and International Regulatory Coordination: Squaring Sovereignty and Financial Stability

In recent years much attention has been given to systemic risk and maintaining financial stability. Much of the focus, rightly, has been on market failures and the role of regulation in addressing them. This article looks at the role of domestic policies and government actions as sources of global instability. The global financial system is built upon global markets controlled by national financial and macroeconomic policies. In this context, regulatory asymmetries, diverging policy preferences, and government failures add a further dimension to global systemic risk not present at the national level.
Systemic risk is a result of the interplay between two independent variables: an underlying trigger event, in this analysis a domestic policy measure, and a transmission channel. The solution to systemic risk requires tackling one of these variables. In a domestic setting, the centralization of regulatory power into one single authority makes it easier to balance the delicate equilibrium between enhancing efficiency and reducing instability. However, in a global financial system in which national financial policies serve to maximize economic welfare, regulators will be confronted with difficult policy and legal tradeoffs.
We investigate the role that financial regulation plays in addressing domestic policy failures and in controlling the danger of global financial interdependence. To do so we analyse global financial interconnectedness, and explain its role in transmitting instability; we investigate the political economy dynamics at the origin of regulatory asymmetries and government failures; and we discuss the limits of regulation.

Using Audio-visual Presentation to Teach Global Mindedness in Social Work Education

Direct experience of social work in another country is making an increasingly important contribution to internationalising the social work academic curriculum together with the cultural competency of students. However at present this opportunity is still restricted to a limited number of students. The aim of this paper is to describe and reflect on the production of an audio-visual presentation as representing the experience of three students who participated in an exchange with a social work programme in Pune, India. It describes and assesses the rationale, production and use of video to capture student learning from the Belfast/Pune exchange. We also describe the use of the video in a classroom setting with a year group of 53 students from a younger cohort. This exercise aimed to stimulate students’ curiosity about international dimensions of social work and add to their awareness of poverty, social justice, cultural competence and community social work as global issues. Written classroom feedback informs our discussion of the technical as well as the pedagogical benefits and challenges of this approach. We conclude that some benefit of audio-visual presentation in helping students connect with diverse cultural contexts, but that a complementary discussion challenging stereotyped viewpoints and unconscious professional imperialism is also crucial.

Gramsci, austerity common sense and the attacks on the welfare state: The need to understand and resist the imposition of the global neoliberal agenda and the role of the social work profession.

During the last 30 years governments almost everywhere in the world are furthering a global neoliberal agenda by withdrawing the state from the delivery of services, decreasing social spending and lowering corporate taxation etc. This restructuring has led to a massive transfer of wealth from the welfare state and working class people into capital. In order to legitimize this restructuring conservative governments engage in collective blaming towards their denizens. This presentation will examine some of the well circulated phrases that have been used by the dominant elite in some countries during the last year to legitimize the imposition of austerity measures. Phrases such as, ‘We all partied’ used by the Irish finance minister, Brian Lenihan, to explain the Irish crisis and collectively blame all Irish people, ‘We must all share the pain’, deployed by another Irish Minister Gilmore and the UK coalition administration’s sound bite ‘We are all in this together’, legitimize the imposition of austerity measures. Utilizing the Gramscian concept of common sense (Gramsci, 1971), I call these phrases ‘austerity common sense’. They are austerity common sense because they both reflect and legitimate the austerity agenda. By deploying these phrases, the ruling economic and political elite seek to influence the perception of the people and pre-empt any intention of resistance. The dominant theme of these phrases is that there is no alternative and that austerity measures are somehow self-inflicted and, as such, should not be challenged because we are all to blame. The purpose of this presentation is to explore the “austerity common sense” theme from a Gramscian approach, focus on its implications for the social work profession and discuss the ways to resist the imposition of the global neoliberal agenda.