Modalities of the exercise of universal jurisdiction in international law

It has become a trend today that states adopt universal jurisdiction in their domestic law. At the same time, the actual exercise of universal jurisdiction has often led to a dispute among states. While there are many ‘international’ aspects relating to this phenomenon, there is still no consensus among international scholars even over the scope of crimes that are subject to universal jurisdiction, let alone the modalities of its exercise. This confusion is caused by the way in which jurisdiction is conceptualized: while prevailing view sees jurisdiction as a right or entitlement attributed by international law, this view is premised on a particular understanding of the legal system of jurisdiction that sees it as a set of permissive rules of international law. However, it may not capture the reality of jurisdiction, where international law does not always regulate the assertion of prescriptive jurisdiction, while the actual exercise of jurisdiction is still subject to several restraint either in relation to other states or with regard to the rights of accused individuals. Against this background, Part I of the dissertation re-examines the legal system of jurisdiction and applies it to the specific framework of universal jurisdiction. First, this study seeks to find the elements that actually restraint the exercise of jurisdiction in general. It concludes that the exercise of jurisdiction should be examined from the perspective of whether and to what extent it may secure effectiveness of enforcement, legitimacy (necessity) of claim, and foreseeability of law and forum. Building on this analysis, this study further seeks for a justifying ground of universal jurisdiction by applying the general framework of jurisdiction. It is suggested that at least the legitimacy (necessity) of claim is provided by the fact that states have been less interested in tolerating impunity for certain types of international crimes and also been more aware of the necessity for the exercise of jurisdiction in order to compensate for the failure of territorial or national states of the offender in the suppression of these crimes With those insights, Part II further explores a framework in which the conflict resulting from the concurrent claims of jurisdiction. The focus is on the idea of subsidiarity, which designates universal jurisdiction as a default mechanism. While this idea has been gaining support, it is pointed out that the feasibility of subsidiarity depends on how situations of inability and unwillingness are identified in a decentralized discourse. Regarding this, this study argues that the notion of obligation to prosecute can play a key role: a state of non-performance of obligation to prosecute can be conceived as an abusive use of power on the part of territorial or national states, thereby vesting the assessment of inability and unwillingness with certain objectivity. This provides a ground for legal discourse between territorial or national states and states exercising universal jurisdiction

Marital Processes and Parental Socialization in Families of Color: A Decade Review of Research

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/73804/1/j.1741-3737.2000.01070.x.pd

Testing Orem’s self-care deficit theory : dependent care agency for duration of breast-feeding

Aims : The purpose of this study was to test of Orem’s theory of self-care deficit. Specifically, limiting factors influencing the duration of breast-feeding were analyzed with Orem model to clarify the ability needed by a mother for continuing breast-feeding. Background : The mean incidence of mothers with breast-feeding, mixtrophic breast-feeding or bottled milk is 52.6%, 43.2%, and 4.8%, respectively until one month after birth. However, the incidence of mothers with breast-feeding decreases to 46.2% just one month after birth. Although midwives instruct the importance of breast-feeding and promote breast-feeding by using various kinds of empirical care, there is not the standardized care with a high effect for continuation of breastfeeding. Method : descriptive study. Design Methodology : One hundred thirty-three mothers who delivered their babies in the University Hospital were included in this research. The hospital experienced around 400 birth in a year. Sixty-nine mothers of them fed a baby with breast milk (the breast-feeding group). The other mothers fed a baby with bottled milk or with bottled milk and breast milk (the mixed group). Results : According to Orem model, comments obtained by interviews were categorized, and we found 3 factors impairing continuation of breast-feeding, “crying of a child”, “inappropriate advice” and “previous experience”. The limiting factors were related to each other, and inexperience of a life with a baby, the time-consuming life without composure, and unskilled responses to the shortage of milk enhanced restriction of adaptability caused by a difference between an imagined baby and a real baby. Conclusions:This study support’s Orem’s model. Factors influencing the duration of breast-feeding were clarifyed by Orem’s limitaitions factors

Early-term birth and hypoglycaemia

Background : The effect of early-term birth on the development of hypoglycaemia in large-for gestational-age (LGA) neonates is yet to be clarified. This study aimed to clarify the association between hypoglycaemia and early-term birth in LGA neonates. Methods : This single-centre retrospective cohort study evaluated LGA neonates born at term at Tsurugi Municipal Handa Hospital, Japan. Blood glucose levels were measured immediately and at 1, 2, and 4 hours after birth. The association between early-term birth and hypoglycaemia was evaluated using logistic regression analysis. The prevalence of severe hypoglycaemia and hypoglycaemia according to its timing of development was analysed using Fisher’s exact test. Results : In total, 295 neonates were included. Among them, 113 neonates (38.3%) were born at early term and 91 infants (30.8%) had hypoglycaemia. Logistic regression analysis showed a significant association between early-term birth and hypoglycaemia (adjusted odds ratio [95% confidence interval] : 2.691 [1.597 to 4.535]). However, there was no significant between-group difference among those with severe hypoglycaemia. Conclusions : Among LGA neonates, early-term birth is positively associated with neonatal hypoglycaemia. This indicates that among LGA neonates, those born at early term require more careful observation for hypoglycaemia than do those born at later term

Relationship between mammary gland structures during pregnancy and breast-feeding

Study Purpose Diagnostic indices for prediction of breast milk production and assessment of care necessary for mammary gland structure during the pregnancy period were investigated. Methods Development of mammary gland during the pregnancy period was examined via ultrasound methodology. Each subject underwent three measurements once per trimester. Quantity of post-partum breast milk production was also measured ; furthermore, the relationship between mammary gland image and production quantity was evaluated. Results and conclusion As previously reported, mammary gland reaches a certain level of development during the course of pregnancy. Four distinct types of developmental pattern were observed. Mammary gland exhibited remarkable development up to the 15th week of pregnancy in comparison with non-pregnant adult females in type 1. In type 2, mammary gland displayed significant development from the 16th to the 35th week of pregnancy. In types 3 and 4, mammary gland tissue development, which was apparent from 35 weeks, was characterized by gland thickness of > 20 mm and < 20 mm, respectively. Among these four types, type 1 mammary gland demonstrated the largest level of breast milk production. Therefore, we suggest that understanding with respect to mammary gland structure during pregnancy contributes toward individual support in breast-feeding following childbirth

Basic study of new diagnostic modality according to noninvasive measurement of the electrical conductivity of tissues

The purposes of this study were to estimate the electrical conductivity of tissues by non-invasively measuring the electrical bio-impedance, to develop a new method for tissue diagnosis, i.e., electrical impedance tomography (EIT). Tissue models were first designed taking into consideration the distribution of the fat tissue, muscle and bone in the human forearm, and then the intra-tissue distributions of electrical potential and field, and the electrical impedance in the models was theoretically analyzed by the three-dimensional finite element method. The electrical impedance of both forearms was measured in healthy human subjects, and estimated the electrical conductivity of individual local tissues. The results of the analysis showed that the distributions of electrical potential and field were affected by the presence of fat tissue but not by the presence or absence of bone. In addition, as a result of calculation of the electrical resistance of the extracellular fluid (Re) in each model, it was found that the value of bio-impedance was influenced by the presence of fat tissue, and the value of bio-impedance was increased by the intervention of a fat layer. The electrical conductivity estimated by fitting the observed values to the values obtained by finite element analysis was 0.40 S/m and 0.15 S/m for male muscle and fat tissue, and 0.35 S/m and 0.11 S/m for female muscle and fat tissue, respectively. The sex difference in the slope of linear approximation in the estimation of electrical conductivity of the males and females was thought to be due to sex differences in the properties and structure of fat tissue. These results suggest that local tissues can be diagnosed differentially and electrically by percutaneous measurement of local bio-impedance and subsequent estimation of the electrical conductivity of each tissue