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21051. Data Protection and Transborder Data Flow in the European and Global Context

Author:
Lingjie Kong
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
Very similar to trade barriers, data protection has been an obstacle to free global data flow. The European legal system on cross-border data flow set up by Directive 95/46/EC prohibits transfer of personal data to third countries which do not have an adequate data protection level. With enormous international implications, such a regionally oriented system is heavily dependent on effective monitoring of cross-border data transfer. Due to a lack of proper supervision on data transfer, it encounters many challenges, which forces the European Commission to adopt the contractual model and the corporate law model. Meanwhile, compared with issues like free trade and environmental protection, not much international consensus has been reached on cross-border data protection. As a result, bilateral, regional, and multilateral collaborations between national sovereignties are to be strengthened, to facilitate transborder data flow and to safeguard individuals' right to data protection.
Political Geography:
Europe

21052. Incorporating Traditional Knowledge in an International Regime on Access to Genetic Resources and Benefit Sharing: Problems and Prospects

Author:
Gurdial Singh Nijar
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
The Seventh Meeting of the Conference of the Parties (2004) of the Convention on Biological Diversity established a mandate for the negotiation of an international regime on Access to Genetic Resources and Benefit Sharing arising from their utilization. Negotiations have been proceeding and have entered the final phase. Seven working group meetings have been held to date and there is expectation that an instrument will emerge by the final deadline – the Tenth Meeting of the Conference of the Parties in Nagoya, Japan in October 2010. A key component singled out for inclusion in the international regime relates to the recognition and protection of the rights of indigenous and local communities (ILCs) over their traditional knowledge (TK) associated with genetic resources. The Ninth Meeting of the Conference of the Parties (2008) established a Group of Technical and Legal Experts to assist the Working Group to deal with this issue. The Group met in India in June 2009 and has submitted a report. This article reflects on the key outcomes of this Expert Group report. In particular, it identifies the key issues that need to be considered and resolved for TK associated to genetic resources to form an integral and viable component of the proposed international regime.
Political Geography:
Japan

21053. The International Law of Economic Migration. Toward the Fourth Freedom

Author:
Marion Panizzon
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
At the outset of the 21st century and most recently since the UN High Level Dialogue on Migration and Development of 2006, the conviction has emerged that 'migration, if managed carefully, can help to raise the living standards in poor countries' (at 7). In his new book The International Law of Economic Migration, Joel Trachtman analyses political economic constraints to counter forceful, but ill-founded, evidence against opening borders to migrant workers. The book achieves a quantum leap for labour migration research, as it starts its analysis where most books end theirs.
Political Geography:
United Nations

21054. Weapons and the Law of Armed Conflict

Author:
Dr. Daniel Heilmann
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
The law concerning the means of warfare (i.e. weapons or weapons systems in armed conflict) is arguably one of the most important areas of ius in bello. In the last 50 years, the issue of controlling the production and prohibiting the use of certain weapons has taken on an increasing urgency since technological and industrial progress has made possible the development of new types of weapons which are far more devastating than any means of warfare which existed in former times. However, there are not as many publications dedicated to this important topic as one might think. William Boothby's monograph, Weapons and the Law of Armed Conflict takes on the difficult task of giving an overview of all relevant aspects in not much more than 400 pages. The study primarily focuses on the humanitarian law aspects of the use of weapons, but to some extent also touches on aspects concerning disarmament. The dividing line between humanitarian and disarmament rules is increasingly blurred anyway, as is evidenced for example by Article 36 of Additional Protocol I to the Geneva Conventions (AP I), which advocates a preventive approach by requiring contracting parties to determine whether the study, development, or acquisition of a new weapon would be contrary to the provisions of Additional Protocol I.

21055. The Law of Command Responsibility

Author:
Dr. Daniel Heilmann
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
The doctrine of command responsibility is one of the most important concepts which has been developed in international criminal law since the advent of that legal discipline post-World War II. Most of the very problematic issues which had originally been raised have, in the meantime, been resolved by the work of the ad hoc Tribunals and a clear structure of the elements of this mode of criminal liability has evolved. However, some aspects of the doctrine still remain highly disputed. Mettraux, in his book The Law of Command Responsibility, endeavours to give an account of the state of the doctrine in light of the jurisprudence of the International Military Tribunals (Nuremberg and Tokyo), the ad hoc Tribunals (ICTR and ICTY), and the Hybrid Courts (in particular the Special Court for Sierra Leone).

21056. The Gender of Reparations. Unsettling Sexual Hierarchies while Redressing Human Rights Violations

Author:
Chandra Lekha Sriram
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
Reparations are increasingly being offered, or at least recommended, in transitional justice processes, and the literature examining them has grown concomitantly. At the same time, practitioners of both peacebuilding and transitional justice have begun to recognize that the needs of women and girls have been dealt with inadequately. This volume, edited by Ruth Rubio-Marìn, a foremost expert on gender and reparations, promises to fill a critical gap, with three categories of contributions considering, as the title indicates, 'the gender of repara¬tions'. The first set of chapters examines the ways in which violations during violent conflict are gendered, targeting or incidentally affecting women and girls, but also in some cases specifically designed to emasculate men and boys. The second set of chapters considers the ways in which reparations programmes have to date failed to address the range of harms suffered, largely by females, from such violations. Finally, several of the contributions seek to offer specific recommendations for reparations programmes, including microfinance and symbolic recognition, which could better respond to those harms.

21057. The Effectiveness of Domestic Human Rights NGOs. A Comparative Study

Author:
Wolfgang S. Heinz
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
While international human rights treaties define obligations of states and subjective rights of people living under their jurisdiction, and beyond (extraterritorial obligations of human rights treaties), it has become increasingly evident that civil society activities are crucial to helping establish a strong effective human rights system in any given country. NGOs collect critical information, advise victims how to complain, complain themselves publicly about weaknesses of state agencies, and even support legal cases before national, regional, and international expert committees and courts. In a national context, this can lead to political tension with the government in power and state agencies, because human rights issues are sometimes perceived as political or politicized by those in power. In addition questions of accountability, financing, and the internal democracy of NGOs may be critically raised – sometimes to distract from the human rights criticisms initially raised by the NGOs concerned.

21058. Die EU im GATT/WTO-System

Author:
Dr. Nikolaos Lavranos
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
The first edition of this book, written by Peter Hilpold, professor at the University of Innsbruck, instantly became an important reference book on the relationship between the EU and the WTO, particularly on the German language market. With this third edition, Hilpold has updated the book without changing its main structure, a decision to be welcomed given that this structure, with each chapter opening with a historical perspective, is fundamental for understanding this complex topic. The book is divided into nine major chapters, which deal with the most important aspects of WTO law and its interaction with Community law. In addition, the book contains several indexes, including a useful index of persons.
Political Geography:
Europe

21059. The Free Movement of Capital and Foreign Direct Investment. The Scope of Protection in EU Law

Author:
Fernando Losada Fraga
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
Despite the fact that it is part of the economic freedoms on which the European integration project is said to be built, free movement of capital has never attracted the attention it deserves – at least as far as the English literature is concerned. This was understandable until the late 1980s, since this freedom was not politically fostered until then. However, two decades later just a couple of monographs are devoted exclusively to the matter, and not too many others deal with it within a broader context. The monograph under review from now on will be an indispensable reference on the matter: first, because of the depth of Hindelang's effort: it is his purpose to analyse foreign direct investment and fully to explain its scope and breadth. Therefore, he studies in detail the legal regime of the free movement of capital and its recent evolution; in fact, he scrutinizes the European Court of Justice's (ECJ) case law, which constitutes a major contribution to the debate in a field immersed in a series of continuous developments. In addition, the main importance of this book is the fact that it brings to the English literature on free movement of capital the intense and sharp German debate on economic law, and on the legal regime of capital movements in particular; and it does so acutely distinguishing the stances – and their nuances – of each relevant author towards each particular aspect of the legal regime.
Political Geography:
Europe

21060. The Last Page

Author:
Jake Marmer
Publication Date:
05-2010
Content Type:
Journal Article
Abstract:
No abstract is available.