Law and science: risk assessment and risk management in the WTO agreement on the application of sanitary and phytosanitary measures

Assessing and managing risks relating to the consumption of food stuffs for humans and to the environment has been one of the most complex legal issues in WTO law, ever since the Agreement on Sanitary and Phytosanitary Measures was adopted at the end of the Uruguay Round and entered into force in 1995. The problem was expounded in a number of cases. Panels and the Appellate Body adopted different philosophies in interpreting the agreement and the basic concept of risk assessment as defined in Annex A para. 4 of the Agreement. Risk assessment entails fundamental question on law and science. Different interpretations reflect different underlying perceptions of science and its relationship to the law. The present thesis supported by the Swiss National Research Foundation undertakes an in-depth analysis of these underlying perceptions. The author expounds the essence and differences of positivism and relativism in philosophy and natural sciences. He clarifies the relationship of fundamental concepts such as risk, hazards and probability. This investigation is a remarkable effort on the part of lawyer keen to learn more about the fundamentals based upon which the law – often unconsciously – is operated by the legal profession and the trade community. Based upon these insights, he turns to a critical assessment of jurisprudence both of panels and the Appellate Body. Extensively referring and discussing the literature, he deconstructs findings and decisions in light of implied and assumed underlying philosophies and perceptions as to the relationship of law and science, in particular in the field of food standards. Finding that both positivism and relativism does not provide adequate answers, the author turns critical rationalism and applies the methodologies of falsification developed by Karl R. Popper. Critical rationalism allows combining discourse in science and law and helps preparing the ground for a new approach to risk assessment and risk management. Linking the problem to the doctrine of multilevel governance the author develops a theory allocating risk assessment to international for a while leaving the matter of risk management to national and democratically accountable government. While the author throughout the thesis questions the possibility of separating risk assessment and risk management, the thesis offers new avenues which may assist in structuring a complex and difficult problem

Dialect features indexing hipster identity on social media: the case of the city of Malaga

Identity is a recurrent research interest in current sociolinguistics and it is also of primary interest in digital discourse studies. Identity construction is closely related to stance and style (Eckert 2008; Jaffe 2009), which are fundamental concepts for understanding the language use and its social meanings in the case of social media users from Malaga. As the specific social meanings of a set of dialect features constitute a style, this style and the social (and technological) context in which the variants are used determine the meanings that are actually associated with each variant. Hence, every variant has its own indexical field covering any number of potential meanings. The Spanish spoken in Malaga, as Andalusian Spanish in general, was in the past often times considered an incorrect, low prestige variety of Spanish which was strongly associated with the poor, rural, backward South of Spain. This southern Spanish variety is easily recognised because of its innovative phonetic features that diverge from the national standard. In this study several of these phonetic dialect features are looked at, which users from Malaga purposefully employ (in a textualised form) on social media for identity construction. This identity construction is analysed through interactional and ethnographic methods: A perception and an imitation task served as key data and were supplemented by answers to a series of open questions. Further data stems from visual, multimodal elements (e.g. images, photos, videos) posted by users from the city of Malaga. The program TAMS Analyzer was used for data codification and analysis. Results show that certain features that in spoken language are considered rural and old-fashioned, acquire new meaning on social media, namely of urbanity and fashion. Moreover, these features, if used online, are associated with hipsters. That is, the “cool” social media index the “coolness” of the dialect features in question and, thus, the mediatisation makes their indexical fields even more multi-layered and dynamic. Social media users from Malaga performatively employ these stylised dialect features to project a hipster identity and certain related stances.

Who Is Influential and Why? The Determinants of Reputational Power

Power is one of the most fundamental concepts in political science, and it is a crucial aspect of decision-making structures. The distribution of power between political actors and coalitions of actors informs us about who is actually able to influence decision-making processes. It is thus no surprise that power is a centerpiece of our assessment of political decision-making in Switzerland. In line with the main argument of this book, Chapter 3 has uncovered important changes in decision-making structures, which resulted in a rebalancing of power between governing parties, interest groups and state executive actors. Conjecturing about the reasons that may account for these changes, we pointed to factors of an organizational and institutional nature. For example, we put forward the decline of pre-parliamentary procedures oriented towards corporatist intermediation as a possible explanation for the weakening of interest groups. More generally, in several chapters it has been suggested that there is a relationship between the institutional design of a decision-making process, the related importance of decision-making phases and an actor's participation in these phases on the one hand, and the power of actors (and coalitions of actors) on the other. In addition, the analyses carried out in Chapters 2 to 5 draw our attention to the differences in power structure across decision-making processes or types of processes.