The European Trips-Plus Model and The Arab World: From Co-Operation to Association— A New Era in the Global IPRS Regime?

The advocation of stronger and higher levels of Intellectual Property Rights (IPRs) protection has been on the rise in recent years, particularly since the establishment of the World Trade Organisation (WTO) in 1995. Although its establishment signalled the beginning of a new phase in the protection of IPRs internationally, no more than a decade later, it is seen that such a regime is still undergoing a number of significant changes. In this regard, the rise of bilateralism and the retreat of multilateralism resulted in the so-called ‹TRIPS-Plus’ recipe in which developing countries are increasingly giving way to the demands of the industrialised countries through incorporating higher levels of IPRs protection domestically. Although the USA has often been viewed as the primary advocator and enforcer of the TRIPS-Plus recipe globally, this article shows that in fact the European Union (EU) advocated the TRIPS-Plus recipe long before the USA. Thus, this article discusses the case of the European TRIPS-Plus model with the Arab World as a clear demonstration of such a trend. Developing and Arab countries are now faced with two determined superpowers acting at both the unilateral and bilateral levels to achieve their desired higher standards of IPRs protection worldwide. This will further erode the flexibilities of the TRIPS Agreement, and will entail grave repercussions for both the developing and Arab countries. LLM, PhD, Lecturer in Law, University of Central Lancashire (UCLAN), UK. The author may be contacted at mel-said@uclan.ac.uk     

De-radicalisation interventions as technologies of the self: a Foucauldian analysis

De-radicalisation has become increasingly prevalent in the UK as a strategy for tackling the threat of religiously inspired violence/extremism. Recent events, such as the tragic murder of Lee Rigby in May 2013, British citizens fighting in Middle Eastern conflicts, and the emergence of the Islamic State of Iraq and Sham, have rekindled the preoccupation of policymakers with the radicalisation of British Muslims. Indeed, the work of the Prevent strategy in UK counterterrorism post-2011 has primarily been recalibrated towards a greater focus on de-radicalisation interventions, which is perceived by policy-makers to be a more streamlined and effective way of dealing with radicalised/extremist individuals. And, yet, despite the greater attention paid to de-radicalisation, the discourse on de-radicalisation is characterised by the absence of detailed research, little or no empirical evidence for policy development, and confusion surrounding its conceptual framework. This article therefore offers an alternative conceptualisation of de-radicalisation to the one found in the Prevent strategy. Drawing on the works of Foucault, I argue that de-radicalisation is best understood as a “technology of the self”. This article will enumerate the interplay between the three major types of technologies that constitute the technologies of the self: discursive, disciplinary, and confessional technology. It is argued that conceptualising de-radicalisation as a technology of the self allows us to reframe it beyond the narrow confines of counterterrorism policy and places it within wider governmental relations.     

Social Protection Policy or a Political Largesse: Disability Fund Efficacy Assessment and Roadblocks to Sustainable Development Goals

ABSTRACT

Social protection policies have been tools for fighting social exclusion, inequality and reducing poverty incidence among vulnerable populations in developing countries. In this regard, the government of Ghana through the institution of the disability fund has demonstrated a commitment to advancing the cause of people with disabilities. In assessing policy efficacy, the realities on the ground, as well as policy challenges, 130 persons with disability (PWDs) and 10 Key Informants (KIs) were recruited from across five regions. In addition to conducting face-to-face interviews with PWDs, the study conducted a number of interviews with key informants (KIs). The study findings concluded amongst other things that, the policy is plagued with challenges such as limited information about the fund, fund access difficulty and disbursement delays. It was also revealed that; the policy is saddled with opacity and partisan politics. To ensure efficiency and expedite the achievement of Sustainable Development Goal (SDG) 1, the research proposed for policy restructuring. In addition to introducing financial literacy and management training for beneficiaries, the study proffers decoupling the fund management from political structures to help meet the objectives for which it was incepted.     

Beyond polarity in Zanzibar? The ‘silent’ referendum and the government of national unity

On 31 July 2010 the Revolutionary Government of Zanzibar held a referendum to decide on the government of national unity so as to end the impasse between the two main political camps, each dominating one of the two islands of Unguja and Pemba. The outcome of the referendum was that the majority of Zanzibaris voted in favour of the government of national unity. This article revisits how the referendum was carried out in terms of observing the basic principles of a democratic referendum and whether the referendum would be a panacea for the polarisation between the two islands. The main argument held here is that the referendum fell short of observing some of the basic principles of a democratic referendum since it systematically suppressed the voices of those who opted for a ‘No’ vote. Besides this, the government of national unity created after the referendum was in essence the unity of the two major political parties, namely the Chama Cha Mapinduzi (CCM) and the Civic United Front (CUF). Relatedly, some of the fundamental issues causing polarisation are yet to be tackled, a situation which, if not addressed in time, would make this polarity a likely facet of Zanzibar's future politics.     

The securitization of cyberspace governance in Singapore

ABSTRACT

Drawing from securitization theory and Critical Discourse Analysis (CDA), this article examines how the Singaporean government has “securitized” cyberspace governance. It contributes value-add to the existing literature on securitization theory by evaluating the specific backgrounds and preexisting beliefs that securitizing actors bring with them to the securitization process. Taking the case of Singapore, this paper focuses on the military elites turned civilian politicans and policymakers that have been tasked with cyberspace governance. A discourse analysis shows how terminologies describing cyberspace as an “existential” issue and key personnel appointments with significant military backgrounds reflect the prevalance of military elites, terminologies, strategies that have become embedded within domestic cybersecurity governance structures. The use of military-style concepts such as “digital ranges” and “war games” in Singapore mirrors global financial industry trends where military-derived terminology has become widespread in preparing for cyber-attacks on critical information infrastructure. Two key focus areas of cyberspace governance are evaluated: online content regulation of Internet and social media networks, and legislation to protect critical information infrastructure. The paper concludes by discussing a range of concerns raised by the target “audience” of securitization processes, such as civil society and information infrastructure providers.     

‘But most of all mi love me browning’: The Emergence in Eighteenth and Nineteenth-Century Jamaica of the Mulatto Woman as the Desired

One of the most common threads in the Caribbean tapestry races which have populated the region over the last five centuries largely through forced or voluntary migration, is that there have emerged mixtures of the different racial groups. A large proportion of Caribbean women and men are referred to euphemistically as ‘mixed race’. The terms used to describe people of mixed race vary by territory and have been incrementally added to or changed over time. The original nomenclatures such as sambo, musteephino, mulatto, creole, etc. have been replaced at present to include terms like brown skin, mulatto, clear skin, light skin, red-nigger, dougla and browning. The title of the article comes from a contemporary dancehall song in Jamaica in which the black singer, Buju Banton, unwittingly echoes an unspoken yet shared notion of female desirability in the Caribbean: a preference for ‘brown’ as opposed to black women or unmixed women. In the ongoing constructions of femininity in the region, class and skin colour have intersected with race to produce hierarchies and stereotypes of femininity based on racial mixing. Drawing on some of the historical data available, particularly that of the pioneering research in this area produced by Lucille Mathurin in 1974, this article interrogates some aspects of miscegenation in the Jamaican past, to configure these with gender, race and class relations in the present. The article does not attempt to arrive at conclusive findings but to contribute to the ongoing process in the region, and elsewhere, of differentiating the category ‘woman’ in historiography and sociology.     

Reforming policy roles in the Jordanian policy‐making process

The aim of this diagnostic analysis is to identify the weaknesses in the process of reforming policy in Jordan. This study will first present a diagnostic analysis of the characteristics of administrative reform in Jordan. Following this, weaknesses will be identified with a focus on policy roles in the policy‐making process. Administrative reform has long been an area of interest and development in Jordan since the early 1980s. Conferences were held, political and technical committees formed, and expertise and resources invested. The outcomes of these programs have been below expectations, with inadequate impact. This investigation paid attention on how Jordan can best invest its resources to maximize efficiency in the public sector, specifically the process of reforming policy. This study concludes that the primary factor impacting efficiency, accountability, and responsiveness is the degree of authority at both national and organizational level. Recent efforts in Jordan to tackle these issues could create more conflicts that threaten the Jordanian government's stability. Other resources have been dedicated to reviewing the rules and values that govern the relationship between state and society.     

Is Terrorism a Crime or an Aggravating Factor in Sentencing?

Common law systems, in criminal cases, distinguish between theguilt/innocence proceedings and the sentencing stage. This isnot the case in civil law systems where criminal trial consistsof a single phase, combining the inquiry into guilt with sentencing.Under common law practice many facts relevant for sentencingare considered irrelevant at the stage of finding guilt forthe commission of the crime. Aggravating elements, therefore,address a fundamental distinction of substantive criminal lawbetween guilt and dangerousness: guilt is a determination ofresponsibility for a prior wrongdoing; dangerousness is a speculativefuture determination. The intensification of terrorist activityin the past few years has made terrorism one of today's mostpressing problems. But is terrorism a crime or an aggravatingfactor in sentencing? In this article, the author challengesconventional wisdom regarding the meaning of ‘terroristcrimes’, by providing a conceptual understanding of ‘terrorism’,as well as articulating a theory of guilt. Terrorists seldomexpress ‘guilt’. The word ‘terrorism’describes, instead, an overriding motivation, a way of acting,rather than the objective circumstances of acting. Terrorismis nothing but common crimes although committed with an overridingmotivation of imposing extreme fear on the nation as such. Theauthor presents the conceptual grounds of the phenomenon ofterrorism as it has evolved through history, before enquiringinto the meaning of ‘terrorist crimes’: the overridingmotivation associated with the concept of terrorism constitutesthe degree of cognate dangerousness of terrorist crimes.