scholarly journals Criminal Justice and Global Public Goods

2016 ◽  
Vol 80 (5) ◽  
pp. 303-326 ◽  
Author(s):  
Tim J Wilson
Keyword(s):  
Criminal Justice ◽  
Public Goods ◽  
Data Exchange ◽  
Global Public Goods ◽  
Biometric Data ◽  
Cooperation Mechanism ◽  
Stability Change ◽  
Personal Perceptions ◽  
The Uk ◽  
The Eu

This article places sharing forensic biometric data for international criminal justice cooperation purposes within the domain of global public goods. Such cooperation is a rational response to globalisation, but faces several obstacles. These range from sociocultural and political concerns about national legal and criminal justice autonomy to the potential impact of market fundamentalism on scientific standardisation and cooperation mechanism delivery. The significance of such inhibitors will vary as societal and personal perceptions of stability change. These issues are examined by analysing the progress achieved with the EU Prüm forensic biometric data exchange model. Shocks to European stability, such as the increased scale of terrorist crimes and the UK EU referendum result will inevitably test the resilience of Prüm. Combining insights from global public goods and criminal law scholarship, however, may help to identify how reactions to such shocks, including questions about future UK participation in Prüm, might be managed.

The EU and China: Partners in Effective Multilateralism?

2007 ◽  
Author(s):  
LISELOTTE ODGAARD ◽  
SVEN BISCOP
Keyword(s):  
United States ◽  
Public Goods ◽  
The United States ◽  
Economic Power ◽  
Policy Planning ◽  
Global Public Goods ◽  
Rising Power ◽  
The Eu ◽  
Reliable Basis

This chapter considers the EU's ambition to enmesh China in a system of effective multilateralism in pursuit of global public goods. It notes that China's position on both multilateralism and universal goods to be contingent: China favours these engagements and goals to the extent that they restrain and commit others, but is much more conservative if they require restraint or commitment on its own part. China's reservations derive mostly from the behaviour of the United States: if the world's predominant military and economic power is a contingent multilateralist, can the rising power of China do otherwise? Until there is more evidence to the contrary, this chapter concludes that China's commitment to multilateralism cannot form a ‘reliable basis for long-term EU policy planning towards China’.

scholarly journals Prisoner Transfer Within the Irish-UK Common Travel Area (CTA) After Brexit: Human Rights Between Politics and Penal Reform

2020 ◽  
pp. 002201832097752
Author(s):  
Tim J Wilson
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Member States ◽  
Eu Member States ◽  
Penal Reform ◽  
Long Duration ◽  
Domestic Courts ◽  
Uk Government ◽  
The Uk ◽  
The Eu

The UK Government proposed in February 2020 that sentenced prisoner transfers with EU member states should continue after Brexit, but using a more ‘effective’ process than the existing CoE convention. The article analyses, with a particular focus on the Irish-UK CTA, the significance of continued UK human rights compliance for the achievement of this objective and the interrelationship of this issue with extradition/surrender (including the surrender of fugitive prisoners). It is concluded that Brexit has most probably raised the level of formal and institutional human rights compliance (including legal aid/assistance and the direct enforcement of prisoners’ rights in domestic courts) required from the UK for criminal justice cooperation with EU member states. Entering into such undertakings would not assist criminal impunity or the evasion of lawfully imposed penalties. Such undertakings, however, cannot help to resolve many problems inherent in prisoner transfer within the EU. The creation of a truly effective and rehabilitative transfer system would require (a) constructive UK Government participation in inter-governmental (including the UK devolved governments)/EU arrangements capable of incrementally resolving or effectively mitigating criminal justice cooperation problems and (b) acceptance at Westminster that this aspect of post-Brexit readjustment is likely to be intermittent and of long-duration.

scholarly journals Pareto-improving indirect tax coordination and tax diversity

2019 ◽  
Author(s):  
Christos Kotsogiannis ◽  
Miguel-Angel Lopez-Garcia
Keyword(s):  
International Trade ◽  
Nash Equilibrium ◽  
General Equilibrium ◽  
Public Goods ◽  
Global Public Goods ◽  
Tax Reforms ◽  
Tax Coordination ◽  
Pareto Improving ◽  
The Eu

Abstract Coordination in tax matters, in the EU and elsewhere, has been largely driven by the movement of taxes towards some common level and, therefore, towards tax uniformity. Making use of a perfectly competitive general equilibrium framework of international trade in which governments provide global public goods, it is shown that, starting from a Nash equilibrium, there exist strict Pareto-improving multilateral tax reforms that are consistent with tax diversity.

Irish Criminal Trials and European Legal Culture: A Backdrop to Brexit

2020 ◽  
pp. 002201832097753
Author(s):  
Liz Heffernan
Keyword(s):  
Criminal Justice ◽  
Common Law ◽  
Legal Culture ◽  
Fundamental Rights ◽  
Criminal Trials ◽  
The United Kingdom ◽  
The Common ◽  
Shared Commitment ◽  
The Uk ◽  
The Eu

This paper explores select themes relating to legal culture in European criminal justice post-Brexit by focusing on aspects of the common law trial process in the Irish courts. The incorporation of EU law and the ECHR within the domestic legal order has necessitated the nurturing of a constructive co-existence with the country’s longer standing constitutional and common law traditions. Ireland and the United Kingdom have collaborated closely as common law Member States and the departure of the UK from the EU will affect Ireland’s position in EU criminal justice in many and varied ways. Using the examples of victim participation in criminal trials and pre-trial access of suspects to legal assistance, the paper seeks to illuminate trends of consonance and dissonance in Ireland’s relationship with European law. Drawing on the shared commitment to the protection of fundamental rights in the EU and the ECHR, the discussion reflects on some of the longer term implications of Brexit for the common law presence in European criminal legal culture.

scholarly journals Biobordering as a Concept

2020 ◽  
pp. 35-54
Author(s):  
Nina Amelung ◽  
Rafaela Granja ◽  
Helena Machado
Keyword(s):  
Data Exchange ◽  
Large Scale ◽  
Crime Control ◽  
Border Studies ◽  
State Autonomy ◽  
Biometric Data ◽  
National State ◽  
Scientific Technical ◽  
The Eu

Abstract This chapter introduces the concept of ‘biobordering’. Taking the nationally grown crime control regimes into account, we argue that the proposed concept of bioborders is useful in capturing how the territorial foundations of national state autonomy are partially reclaimed (what we call rebordering) and at the same time partially purposefully suspended (what we call debordering). The concept of biobordering is particularly fruitful for understanding how modes of bordering entangle with large-scale IT database infrastructures for the exchange of biometric data in the context of crime control. It highlights in particular the legal, scientific, technical, political and ethical dimensions of data exchange across borders across the EU. The chapter reviews recent insights from border studies and continues by outlining components and dynamics of biobordering that make bioborders more or less permeable for expansive biometric data exchange.

scholarly journals Portugal

2020 ◽  
pp. 105-117
Author(s):  
Nina Amelung ◽  
Rafaela Granja ◽  
Helena Machado
Keyword(s):  
Data Protection ◽  
Data Exchange ◽  
National Policy ◽  
Genetic Data ◽  
Biometric Data ◽  
Dna Database ◽  
Regulatory Frameworks ◽  
Dna Profiles ◽  
Ethical Oversight ◽  
The Eu

Abstract The Portuguese DNA database was established in 2008 and is one of the smallest DNA databases in the EU. Portugal has one of the most restrictive regulatory frameworks in the EU in relation to the criteria for the entry and deletion of DNA profiles. The country started connecting with the Prüm system’s genetic data exchange in 2015. In terms of bordering practices, Portugal serves as an example of latent rebordering dynamics. This is because the requirements of the EU regulations regarding Prüm have been fully implemented in Portugal in terms of techno-scientific and operational infrastructures, yet Portugal simultaneously severely restricts access to biometric data. This situation derives from particularities of Portugal’s national policy regulations on data protection and its judicial traditions as well as regulations on ethical oversight.

scholarly journals Conclusion

2020 ◽  
pp. 137-147
Author(s):  
Nina Amelung ◽  
Rafaela Granja ◽  
Helena Machado
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Justice System ◽  
European Integration ◽  
Case Studies ◽  
Economic Resources ◽  
Forensic Dna ◽  
The Uk ◽  
Empirical Case Studies ◽  
The Eu

Abstract The concluding chapter reviews and compares the modes of biobordering at the EU level and in Germany, the Netherlands, Poland, Portugal and the UK with a particular focus on the transnational exchange of DNA data within the Prüm system. This analysis reveals the multiplicity of heterogeneous biobordering regimes that enact different visions of Europe and nationhood and that have implications for de facto hidden integration and disintegration processes in the EU. ‘European integration’ is believed to be achievable by the harmonization of scientific and technical procedures in different countries. However, the mandatory elements of the Prüm Decisions were politically enforced without taking into consideration the significant differences between EU countries. Thus, hidden disintegration comes as a contingency regarding operational and organizational traditions, legislation, the nature of the criminal justice system, and national variations around the human and economic resources to invest in forensic DNA databases and DNA profiling technologies. The conclusion ends with a proposal of a typology systematizing biobordering dynamics derived from the empirical case studies.

On the Essence and Tipology of International Public Goods

2005 ◽  
pp. 131-141
Author(s):  
V. Mortikov
Keyword(s):  
Economic Policy ◽  
Social Construction ◽  
Public Goods ◽  
Public Good ◽  
Global Public Goods ◽  
Club Goods ◽  
Basic Properties ◽  
International Public Goods ◽  
Regional Public Goods ◽  
Joint Products

The basic properties of international public goods are analyzed in the paper. Special attention is paid to the typology of international public goods: pure and impure, excludable and nonexcludable, club goods, regional public goods, joint products. The author argues that social construction of international public good depends on many factors, for example, government economic policy. Aggregation technologies in the supply of global public goods are examined.

Unlock imagined: arts in criminal justice

2019 ◽  
Vol 1 (2) ◽  
pp. 131-143
Author(s):  
Alison Frater
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Interdisciplinary Approach ◽  
Personal Perspective ◽  
Theoretical Understanding ◽  
The Arts ◽  
Optimistic Picture ◽  
The Uk ◽  
Causes Of Crime

Starting with a personal perspective this piece outlines the place and role of the arts in the criminal justice system in the UK. It paints an optimistic picture, though an unsettling one, because the imagination and reflexiveness of the arts reveals a great deal about the causes of crime and the consequences of incarceration. It raises questions about the transforming impact of the arts: how the benefits could, and should, be optimised and why evaluations of arts interventions are consistent in identifying the need for a non-coercive, more socially focused, paradigm for rehabilitation. It concludes that the deeper the arts are embedded in the criminal justice system the greater the benefits will be, that a more interdisciplinary approach would support better theoretical understanding, and that increased capacity to deliver arts in the criminal justice system is needed to offer more people a creative pathway out of crime.

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