The perspective of “justice” of international law in the global context

After the Cold War and the quick development of globalization, non-state acts by international organizations, transnational corporations and nongovernmental organizations (NGOs), etc., are becoming more active. Global issues with regard to, inter alia, environment, human rights, terrorism are constantly emerging, which bring great challenge to the Westphalia System that is based on state sovereignty and centered on the national state. At the same time, the values, which include “individualism” and “global justice,” are constantly casting impact on international legal system. Doubtlessly, in the current context of international relations, “justice among states” is still the reasonable positioning of the value of modern international law. However, making “individualism” and “global justice” compatible and modifying “justice among states” is an inevitable trend. At the same time, the rule brought about by the modification on the value of justice must be handled properly.     

Patent Cases in the Court of Chancery, 1714–58

The purpose of this article is two-fold. First, it discusses recent improvements in the cataloguing of Chancery bills and pleadings entered between 1714 and 1758, held in the C 11 series at the National Archives. This has made it much easier to locate cases by subject, and a methodology for doing this is described. Secondly, the article outlines the results of work carried out in C 11 on cases relating to patents for invention. Although there has been significant research into how other forms of intellectual property right were adjudicated in the Court of Chancery, notably copyright, patent law for this period remains obscure. The article shows that Chancery (along with the common law courts) retained the principal jurisdiction in patent law, rather than the Privy Council as was once thought.     

“Legitimacy” of international law: The source, development and the paths to overcome crisis

The source or basis of the force of international law or legitimacy of international law is a basic issue in international jurisprudence and the heart of controversy among scholars pro and con international law. In the development of the discipline of international law, this issue has been extensively discussed along various academic paths. In the background of globalization, the demonstration on the “legitimacy” of international institutions by the school of international institution in the field of international relations, including the “source of legitimacy”, the acquisition of legitimacy or legalization, and even the “legitimationskrise”, sheds helpful light on further study of the “legitimacy” of international law.     

Trends in the proportion of married women of reproductive age in Spain, 1887–1991

Using the Princeton nuptiality index I_m, we analyzed historical developments in the proportion of married women of reproductive age in Spain. We show the internal diversity in nuptiality patterns and offer an explanatory statistical model based on panel data analysis to identify the main variables influencing these changes over more than a century (1887–1991). We found that Spain has been the developed country with the greatest contrasts in its provincial nuptiality patterns (measured by I_m), although this diversity has lessened over the course of time. We also found that some socioeconomic variables (the gross domestic product per capita and the percentage of population living in cities) do not have a linear relationship with female nuptiality but rather have a U shape or an inverted U shape. This may partly account for some of the controversy that has raged on this topic over the past few decades on an international level.     

Correlates of adolescent fire setting: examining the role of fire interest,fire-related attentional bias,impulsivity, empathy and callous–unemotional traits

Little is known about potential correlates of problematic fire setting that could guide risk assessments and intervention. The current study measured aspects of fire-setting behaviour, fire interest, attentional bias towards fire-related words on a modified Stroop task, impulsivity, cognitive and affective empathy and callous–unemotional traits among adolescent fire setters, non-fire-setting antisocial adolescents and age-matched school controls. Results showed that current fire setting was associated with earlier onset of lighter/match play and unsanctioned fire setting. Fire-setting adolescents were also characterised by high impulsivity, callousness, uncaring traits and low cognitive empathy. Fire-setting frequency was best predicted by high impulsivity. Fire interest correlated negatively with accuracy on fire-related words on the fire Stroop task. These findings suggest that impulsivity may be important in the assessment and treatment of problematic fire setting, and encourage further research on modified Stroop tasks as a novel means to assess fire interest.     

The law and practice of international organizations’ interactions with personal data protection domestic regulation: At the crossroads between the international and domestic legal orders

The development and overlap of legal frameworks on personal data protection, on the one hand, by states and regional frameworks like the EU General Data Protection Regulation, and on the other hand, by International Organizations, raises fundamental questions about their coexistence and interaction, including questions concerning the interaction between the domestic and the international legal orders.This article considers how these different legal frameworks come into interaction and tension with each other, as well as how these tensions are addressed in the law and practice of International Organizations and in domestic laws.It reveals the pragmatism of a resulting approach which seeks to ensure effective protection of the fundamental right to personal data protection while respecting the need for IOs to be able to perform their mandate under international law in full independence.     

The Jewish population and family in the Polish–Lithuanian Commonwealth in the second half of the 18th century

The sources that can be employed to examine demographic aspects of the Jewish population and family in 18th-century Poland–Lithuania are sparse and mostly fiscal in origin. Since this source material has been preserved only for some periods and regions, few generalizations can be made. First, the authors have referred to the most comprehensive census that was carried out in 1791 by household in Cracow province (województwo krakowskie). It does not allow for detailed family reconstitution, however. Although extended/multiple family households might have been fairly common, the two-generational conjugal family unit seems to have prevailed, and no more than four nuclear families lived in one house. In addition, the age at first marriage was influenced only to a limited extent by the traditional practice of early marriage.     

The meaning of “the public interest” in communications policy,part I: Its origins in state and federal regulation

In the United Kingdom, a super-injunction is an interim action that prevents those against whom it is issued and any third parties who have notice of the injunction – including members of the media – from communicating about the subject in question. The media are not allowed to even reference the fact that there is an injunction in place. Often, the proceedings are anonymised, meaning the identities of the applicant and respondent are unknown, with initials replacing names. Super-injunctions and anonymised orders create tension between freedom of the press and privacy and deviate from fundamental principles of open justice. This article examines the role of super-injunctions in English media law, the tension between individual privacy and the need for an open justice system, and the implications of social media sites such as Twitter in the super-injunction process.     

‘The Right to Shoot Himself’: Secession in the British Commonwealth of Nations

The ultimate test of whether an association is voluntary or not is if you can leave it. It is difficult, at this remove, to appreciate how live an issue secession from the British commonwealth of nations was in the 1920s and 1930s. It occupied an inordinate amount of time and negotiation for a doctrine that had been ostensibly conceded in 1920. Yet, much as with the case of the appeal to the judicial committee of the privy council, once the dominions sought to take advantage of the freedom which had been guaranteed by official statements, they found a formidable amount of diplomatic pressure and legal opinion brought to bear to indicate that no such right could be officially declared. This article traces the evolution of the arguments about the right to secede in the 1930s, and examines how the right came eventually to be exercised in the case of the new commonwealth countries in the 1940s. It concludes by examining how the doctrine of secession as developed in the 1930s was abandoned in order to retain Indian membership in the commonwealth.     

Developments in household patterns in three towns in Navarre,Spain, 1786–1986

Contrary to what has been observed in other regions of Spain, the households of Sangüesa, Yesa, and Lesaca have undergone a set of transformation in their composition and structure in the last 200 years. These changes are closely linked to the economic changes that have taken place in Navarre during this period. The chief characteristic of the developments over the past two centuries has been the rise of the household with a simply structure (married couples with or without children), to which category most households now belong. A further noteworthy features is the fact that domestic servants have now almost completely disappeared.     

Developments in household patterns in three towns in Navarre,Spain, 1786–1986

Contrary to what has been observed in other regions of Spain, the households of Sangüesa, Yesa, and Lesaca have undergone a set of transformation in their composition and structure in the last 200 years. These changes are closely linked to the economic changes that have taken place in Navarre during this period. The chief characteristic of the developments over the past two centuries has been the rise of the household with a simply structure (married couples with or without children), to which category most households now belong. A further noteworthy features is the fact that domestic servants have now almost completely disappeared.     

“In the public interest”: The privacy implications of international business-to-business sharing of cyber-threat intelligence

This article reports on preliminary findings and recommendations of a cross-discipline project to accelerate international business-to-business automated sharing of cyber-threat intelligence, particularly IP addresses. The article outlines the project and its objectives and the importance of determining whether IP addresses can be lawfully shared as cyber threat intelligence.The goal of the project is to enhance cyber-threat intelligence sharing throughout the cyber ecosystem. The findings and recommendations from this project enable businesses to navigate the international legal environment and develop their policy and procedures to enable timely, effective and legal sharing of cyber-threat information. The project is the first of its kind in the world. It is unique in both focus and scope. Unlike the cyber-threat information sharing reviews and initiatives being developed at country and regional levels, the focus of this project and this article is on business-to-business sharing. The scope of this project in terms of the 34 jurisdictions reviewed as to their data protection requirements is more comprehensive than any similar study to date.This article focuses on the sharing of IP addresses as cyber threat intelligence in the context of the new European Union (EU) data protection initiatives agreed in December 2015 and formally adopted by the European Council and Parliament in April 2016. The new EU General Data Protection Regulation (GDPR) applies to EU member countries, a major focus of the international cyber threat sharing project. The research also reveals that EU data protection requirements, particularly the currently applicable law of the Data Protection Directive 95/46/EC (1995 Directive) (the rules of which the GDPR will replace in practice in 2018), generally form the basis of current data protection requirements in countries outside Europe. It is expected that this influence will continue and that the GDPR will shape the development of data protection internationally.In this article, the authors examine whether static and dynamic IP addresses are “personal data” as defined in the GDPR and its predecessor the 1995 Directive that is currently the model for data protection in many jurisdictions outside Europe. The authors then consider whether sharing of that data by a business without the consent of the data subject, can be justified in the public interest so as to override individual rights under Articles 7 and 8(1) of the Charter of Fundamental Rights of the European Union, which underpin EU data protection. The analysis shows that the sharing of cyber threat intelligence is in the public interest so as to override the rights of a data subject, as long as it is carried out in ways that are strictly necessary in order to achieve security objectives. The article concludes by summarizing the project findings to date, and how they inform international sharing of cyber-threat intelligence within the private sector.     

Linking the global to the national: an application of the international pathways model to examine the influence of international environmental agreements on Cameroon’s forest policy

Cameroon’s tropical forest cover is one of the largest in the world. It is home to some of the world’s rarest plant and animal species. However, the country has suffered extensive forest loss for many decades as a result of socioeconomic and political factors. The growing global concern for the health of the world’s forests and related global issues has placed pressure on Cameroon to sustainably manage its forests. The intricacies of domestic and international pressures on Cameroon’s forest sector means that policy makers have to take into consideration the dynamics of the domestic-international nexus in developing the country’s forest policies. The increasingly integrated global governance of the world’s forests—international agreements, protocols and treaties, international program, international institutions, international actors, and international norms—together constitute international policy regimes that have influenced the direction of Cameroon’s forest policy. Employing the international pathways framework model, an analytic model which describes how transnational actors and international institutions affect domestic policies and policy making, this paper examines the extent to which international environmental agreements have influenced the direction of Cameroon’s forest policy and policy making. The application of the international pathways model facilitated analytic review and allowed for a better understanding of how Cameroon has utilized the complex global forest governance arrangements to enhance its domestic forest policy.     

The meaning of “the public interest” in communications policy—part II: Its implementation in early broadcast law and regulation

For more than a half‐century, as the cornerstone of federal broadcasting and telecommunications policy, the public interest standard has always been subject to some debate. Questions have regularly been raised about its meaning and the extent of the authority it implies for regulation, particularly in the deregulatory environment of the 1980s and 1990s. Part I of this study demonstrated how a deep reading of the pre‐broadcasting state and federal regulatory history reveals that interpretations of the public interest standard that have emphasized broad, diverse, public service programming have entailed a misunderstanding of its real, underlying meaning. This part of the study shows how another definition—i.e., that the public would be best served by protecting economic viability and technological advancement for private industry broadcasters—developed as the predominant doctrine before adoption of the Radio Act of 1927 and Communications Act of 1934, and how that theme came to be the applied interpretation of the public interest during the first two decades of broadcast regulation.     

State power and diffusion processes in the ratification of global environmental treaties, 1981–2008

There have been many explanations for why countries ratify global environmental treaties. They range from neorealist theory, to hegemony theory, world society theory, and network embeddedness theory. Drawing on hegemonic transition theory, this paper provides evidence that prior to the fall of the Soviet Union, strong and weak countries ratified a treaty if the USA or the USSR ratified the treaty first. After the fall of the Soviet Union, countries’ proximity to world society institutions increased the likelihood of ratifying a treaty, and only weaker countries emulated the ratifications of the USA and Russia. However, weaker countries also emulated economic, religious, and language peers, diplomatic ties, and neighbors as well. In contrast, more powerful countries ratified treaties more independently. We studied the ratifications of eight universal environmental treaties by 166 countries between 1981 and 2008 and showed that as the geopolitical context changed, the diffusion process changed. The paper argues that the hegemonic transition which took place in the late 1980s and early 1990s was an enabling event that helped to explain the new roles that major powers assumed in the 1990s and 2000s and opened the door to the ascendency of global institutions and broader participation in the environmental regime.     

Holding Back the Tide— a Review of Recent Developments in Copyright Law in the United Kingdom

This article surveys recent developments in UK copyright law. It sets these developments in the context of broader trends in copyright law and policy. Significant decisions concerning subsistence of copyright, authorship, infringement, defences, remedies and collective licensing are analysed. The author notes that copyright, and other intellectual property rights, have been given extra force as a result of recent legislative developments. He argues that, against this background, it is possible to discern increasing judicial concern to ensure that such an expansion in monopoly power does not operate against the public interest.     

Developments in electronic money regulation – the Electronic Money Directive: A better deal for e-money issuers?

The recent adoption of the new E-Money Directive by the Council of the European Union has introduced key changes to European e-money legislation. The adoption of the new directive follows the European Commission's review of the original e-money directive and the market that it was intended to facilitate, which found that e-money has yet to deliver the benefits that were anticipated.     

The impact of environmental interest groups in international negotiations: Do ENGOs induce stronger environmental commitments?

Although there is a substantial amount of research that studies how environmental interest groups/non-governmental organizations (ENGOs) influence international environmental negotiations, both the theoretical work and the empirical evidence were not yet able to answer comprehensively if this makes it more likely that states, in turn, commit to stronger environmental agreements. This article seeks to contribute to clarifying this. First, the authors argue that a higher degree of ENGO access to official negotiations and a larger number of ENGOs actively participating during bargaining processes can facilitate outcomes of environmental negotiations. The authors then analyze quantitative data on international environmental regimes and their members’ commitment levels from 1946 to 1998 and obtain robust support for their claims. However, the rationale on the introduced explanatory factors also implies that the impact of ENGO access on states’ commitment levels should vary conditional on the number of ENGOs actively participating. The paper finds evidence for such an interaction, although the results go against our expectations.     

Is it time to highlight the limits of risk-based financial regulation?

The first 150 words of the full text of this article appear below. Key points

• The run on Northern Rock that took place in September2007 has raised some serious questions about the ‘fitnessfor purpose’ of the institutions and techniques of financialregulation in the United Kingdom.
• One defining feature of theFinancial Services Authority (FSA) in the development since1998 of its role as a unitary and integrated financial regulatorhas been its pioneering of ‘risk-based’ and ‘principles-based’regulation.
• The way in which risk-based supervision was appliedto Northern Rock and the way in which risk-based regulationworked within it have been the subject of much public scrutinyafter the run on the bank and some elements of that scrutinyare highlighted here.
• In the light of the real distinctionsbetween risk and uncertainty that have been drawn by scholarsand indeed by the FSA itself in defence of its actions aroundNorthern Rock, this article raises questions about the wisdom. . . [Full Text of this Article]