New Technology and Researchers’ Access to Court and Tribunal Information: the need for European analysis

We discuss the limitations and rights which may affect the researcher’s access to and use of digital, court and administrative tribunal based information. We suggest that there is a need for a European-wide investigation of the legal framework which affects the researcher who might wish to utilise this form of information. A European-wide context is required because much of the relevant law is European rather than national, but much of the constraints are cultural. It is our thesis that research improves understanding and then improves practice as that understanding becomes part of public debate. If it is difficult to undertake research, then public debate about the court system – its effectiveness, its biases, its strengths – becomes constrained. Access to court records is currently determined on a discretionary basis or on the basis of interpretation of rules of the court where these are challenged in legal proceedings. Anecdotal evidence would suggest that there are significant variations in the extent to which court documents such as pleadings, transcripts, affidavits etc are made generally accessible under court rules or as a result of litigation in different jurisdictions or, indeed, in different courts in the same jurisdiction. Such a lack of clarity can only encourage a chilling of what might otherwise be valuable research. Courts are not, of course, democratic bodies. However, they are part of a democratic system and should, we suggest – both for the public benefit and for their proper operation – be accessible and criticisable by the independent researcher. The extent to which the independent researcher is enabled access is the subject of this article. The rights of access for researchers and the public have been examined in other common law countries but not, to date, in the UK or Europe.

Tephra-linked peat humification records from Irish ombrotrophic bogs question nature of solar forcing at 850 cal. yr BC.

This paper investigates evidence for palaeoclimatic changes during the period ca. 1500-500 cal. yr BC through peat humification studies on seven Irish ombrotrophic bogs. The sites are well-correlated by the identification of three mid-first millennium BC tephras, which enable the humification records at specific points in time to be directly compared. Phases of temporarily increased wetness are suggested at ca. 1300-1250 cal. yr BC, ca. 1150-1050 cal. yr BC, ca. 940 cal. yr BC and ca. 740 cal. yr BC. The last of these is confirmed to be synchronous at five sites, suggesting external forcing on a regional scale. The timing of this wet-shift is constrained by two closely dated tephras and is demonstrated to be distinct from the widely reported changes to cooler/wetter conditions associated with a solar minimum at 850-760 cal. yr BC, at which time the Irish sites appear instead to experience drier conditions. The results suggest the possibility of either non-uniform responses to solar forcing in northwest Europe at this time, or the existence of unrelated climate events in the early first millennium BC. The findings caution against the correlation of loosely dated palaeoclimate data if the effects of forcing mechanisms are to be understood.

Problems with identifying the '8200-year cold event' in terrestrial records of the Atlantic seaboard: a case study from Dooagh, Achill Island, Ireland.

The Northern Hemisphere cooling event 8200 years ago is believed to represent the last known major freshwater pulse into the North Atlantic as a result of the final collapse of the North American Laurentide ice sheet. This pulse of water is generally believed to have occurred independently of orbital variations and provides an analogue for predicted increases in high-latitude precipitation and ice melt as a result of anthropogenically driven future climate change. The precise timing, duration and magnitude of this event, however, are uncertain, with suggestions that the 100-yr meltwater cooling formed part of a longer-term cold period in the early Holocene. Here we undertook a multiproxy, high-resolution investigation of a peat sequence at Dooagh, Achill Island, on the west coast of Ireland, to determine whether the 8200-year cold event impacted upon the terrestrial vegetation immediately downwind of the proposed changes in the North Atlantic. We find clear evidence for an oscillation in the early Holocene using various measures of pollen, indicating a disruption in the vegetation leading to a grassland-dominated landscape, most probably driven by changes in precipitation rather than temperature. Radiocarbon dating was extremely problematic, however, with bulk peat samples systematically too young for the North Atlantic event, suggesting significant contamination from downward root penetration. The sustained disruption to vegetation over hundreds of years at Dooagh indicates the landscape was impacted by a long-term cooling event in the early Holocene, and not the single century length 8200-year meltwater event proposed in many other records in the North Atlantic region.

Genocide and the International Court of Justice: Finally, a Duty to Prevent the Crime of Crimes

The International Court of Justice has issued its long-awaited decision in the suit filed by Bosnia and Herzegovina against Serbia and Montenegro with respect to the 1992–1995 war. The decision confirms the factual and legal determinations of the International Criminal Tribunal for the former Yugoslavia, ruling that genocide was committed during the Srebrenica massacre in July 1995 but that the conflict as a whole was not genocidal in nature. The Court held that Serbia had failed in its duty to prevent genocide in Srebrenica, although—because, the Court said, there was no certainty that it could have succeeded in preventing the genocide—no damages were awarded. The judgment provides a strong and authoritative statement of the general duty upon states to prevent genocide that dovetails well with the doctrine of the responsibility to protect.