828 resultados para Legal consistency


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The purpose of this chapter is to examine the effects of legal involvement of crime victims on their psychological adjustment. First, causes of possible effects are described, which may be located within the procedure or the outcome of the legal process. Then, the available evidence is reviewed, most of it suggesting that legal involvement does not strongly affect the victims' psychological adjustment, neither negatively nor positively. The chapter continues with a discussion of whether victims should be advised to report the assault to the police or not, and it describes relevant decision criteria, such as victim adjustment retributive justice, victim compensation, victim security and societal security. Finally, suggestions for future research are outlined, pointing to necessary methodological improvements in the design of future studies on legal involvement.

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Sino-African trade has seen a fifty-fold increase in the years 1999 to 2008. In some African regions, particularly in sub-Saharan Africa, China has even replaced the US as the most important trading partner today. But China holds not a single FTA on the African continent, while other major trading partners of African economies rely on an extensive framework of different trade agreements. What is, thus, the legal basis of the recent increase of Sino-African trade? Interestingly, Sino-African trade has seen a particularly strong increase in countries that have entered into tied aid agreements with China. These agreements are commonly known under the term ‘Angola-Model’ and consist of a multifaceted network of barter-trading-systems, aspects of tied aid and concessions for oil and other commodities linked with a state loan. It is likely that these agreements have an impact on the trade-flows between African countries and China. This paper discusses the legal character of this new form of economic cooperation, or modern version of tied aid. Critical legal aspects related to this form of tied aid refer to violation of the principle of most-favoured nation (MFN), illegitimate export subsidies, market access, public procurement and transparency in the international trading system. However, despite the recent outcry of the foremost Western community against the strategy of the Chinese government on the African continent, the practice of the Angola-Model based tied aid is not entirely new, and neither is it against the law. The case of tied aid is situated in a legal grey area that should be examined thoroughly in order to strengthen the international trading system and to support developing countries in their attempt to gain from tied aid arrangements.

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The presentation proposed here shall focus on international (and as far as possible some cases of national) legal protection of civilians and refugees between the first Hague Convention of 1899 and the Geneva Convention for the Protection of Refugees in 1951. An analysis of international legal texts as well as, if possible, some exemplary national constitutions will form the core of the presentation, which will try to find out, to what extent not only the civilian population remaining close to front-line fighting, but also under occupation was supposed to be protected by legal norms, but also to what extent the issue of forcing civilian to leave their homes became part of the international legal discourse as well as of international legal norms.

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This article examines the determinants of positional incongruence between pre-election statements and post-election behaviour in the Swiss parliament between 2003 and 2009. The question is examined at the individual MP level, which is appropriate for dispersion-of-powers systems like Switzerland. While the overall rate of political congruence reaches about 85%, a multilevel logit analysis detects the underlying factors which push or curb a candidate's propensity to change his or her mind once elected. The results show that positional changes are more likely when (1) MPs are freshmen, (2) individual voting behaviour is invisible to the public, (3) the electoral district magnitude is not small, (4) the vote is not about a party's core issue, (5) the MP belongs to a party which is located in the political centre, and (6) if the pre-election statement dissents from the majority position of the legislative party group. Of these factors, the last one is paramount.

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We consider the problem of nonparametric estimation of a concave regression function F. We show that the supremum distance between the least square s estimatorand F on a compact interval is typically of order(log(n)/n)2/5. This entails rates of convergence for the estimator’s derivative. Moreover, we discuss the impact of additional constraints on F such as monotonicity and pointwise bounds. Then we apply these results to the analysis of current status data, where the distribution function of the event times is assumed to be concave.

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Based on the balance theory (Heider, 1958), we hypothesized that emotions (i.e., schadenfreude, resentment, joy and sorrow) induced by other person’s outcomes function as responses restoring balance within cognitive units consisting of the perceiver, other persons and their outcomes. As a consequence, emotional reactions towards others’ outcomes depend on the perceiver’s attitudes in such a way that outcomes of a well-liked person rise congruous responses (sorrow after failure and joy after success), while outcomes of a disliked other lead to incongruous responses (schadenfreude after failure and resentment after success). Our participants recalled a situation from their past in which somebody they liked or disliked had succeed or failed. Additionally, we manipulated whether the outcome referred to a domain where participants’ self-interest was involved or not. We analyzed the participants’ average emotional state as well as specific emotions induced by the recalled events. Consistently with expectations we found that balancing principles played a major role in shaping emotional responses to successes and failures of person who were well-liked or disliked.

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This article discusses the tensions between the principle of state sovereignty and the idea of a "humanitarian intervention" (or a intervention on humanitarian grounds) as they resulted from the debate of leading legal scholars in the 19th and early 20th century. While prominent scholars such as Johann Caspar Bluntschli, Gustave Rolin Jaequemyns or Aegidius Arntz spoke out in favour of a form of "humanitarian interventions", others such as August Wilhelm Heffter or Pasquale Fiore were much more critical and in many cases spoke out in favour of absolute state sovereignty.

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Studying individual differences in conscious awareness can potentially lend fundamental insights into the neural bases of binding mechanisms and consciousness (Cohen Kadosh and Henik, 2007). Partly for this reason, considerable attention has been devoted to the neural mechanisms underlying grapheme–color synesthesia, a healthy condition involving atypical brain activation and the concurrent experience of color photisms in response to letters, numbers, and words. For instance, the letter C printed in black on a white background may elicit a yellow color photism that is perceived to be spatially colocalized with the inducing stimulus or internally in the “mind's eye” as, for instance, a visual image. Synesthetic experiences are involuntary, idiosyncratic, and consistent over time (Rouw et al., 2011). To date, neuroimaging research on synesthesia has focused on brain areas activated during the experience of synesthesia and associated structural brain differences. However, activity patterns of the synesthetic brain at rest remain largely unexplored. Moreover, the neural correlates of synesthetic consistency, the hallmark characteristic of synesthesia, remain elusive.