Transferring Health Technology to South Africa: The Importance of Traditional African Culture

The transfer of new health technology to South Africa is occurring despite the fact that North American and European health care planners and entrepreneurs have a very limited understanding of traditional Black South African cultures which condition the health-related behaviors of the majority of the population. Consequently, relatively few people of African descent in this very diverse nation are, at least initially, benefiting from the new imported medical technology. This study gives an overview of traditional Black medicine in South Africa and, through the presentation of several case studies, discusses its implications for the societal adoption of new health technology received from the United States and other industrialized nations. The example of the successful application of cervical cancer exams in rural and urban clinics of the Eastern Cape is analyzed and institutional mechanisms that support successful transfer are identified.     

Exploring the agency of Africa in climate change negotiations: the case of REDD+

Emerging climate change regimes, such as the mechanism for reducing emissions from deforestation and forest degradation (REDD+), are increasingly aiming to engage developing countries such as those in Africa, in sustainable development through carbon markets. The contribution of African countries to global climate negotiations determines how compatible the negotiated rules could be with the existing socioeconomic and policy circumstances of African countries. The aim of this paper is to explore the agency of Africa (African States) in the global climate change negotiations and discuss possible implications for implementing these rules using REDD+ as a case study. Drawing on document analysis and semi-structured expert interviews, our findings suggest that although African countries are extensively involved in the implementation of REDD+ interventions, the continent has a weak agency on the design of the global REDD+ architecture. This weak agency results from a number of factors including the inability of African countries to send large and diverse delegations to the negotiations as well lack of capacity to generate and transmit research evidence to the global platform. African countries also perceive themselves as victims of climate change who should be eligible for support rather than sources of technological solutions. Again, Africa’s position is fragmented across negotiation coalitions which weakens the continent's collective influence on the REDD+ agenda. This paper discusses a number of implementation deficits which could result from this weak agency. These include concerns about implementation capacity and a potential lack of coherence between REDD+ rules and existing policies in African countries. These findings call for a rethink of pathways to enhancing Africa’s strategies in engaging in multilateral climate change negotiations, especially if climate change regimes specifically targeted at developing countries are to be effective.     

Child,early, and forced marriages (CEFM) in the Commonwealth: the role of the judiciary

Forced marriage, especially that involving children, is one of the greatest challenges facing individuals around the world and is integral to the full realization of universal human rights, women’s rights, and the rights of the child. This paper examines the effects of child, early and forced marriages (CEFM) within the Commonwealth, with a specific focus on East Africa, and highlights how to best address the issue using international, regional, and national legal norms and judicial processes currently in place. The East African countries examined are Kenya, Rwanda, Uganda and Tanzania. The paper begins with a general introduction of why combating CEFM is an important topic for consideration by the Commonwealth Secretariat and the efforts being made to address it. The introduction is then followed by the background section which gives a historical overview of CEFM at the global level. The paper defines ‘CEFM’, which is crucial since the definitions often vary depending on how CEFM is worded in respective jurisdictions, followed by CEFM’s manifestation within East Africa. Discussing the history of CEFM often helps one understand the hidden challenges that hinder effective implementation of efforts to counter it. The discussion on hidden challenges illustrates how culture and customs play an important role in the prevalence and acceptance of CEFM, as well its damaging effects on education and health. The rest of the paper examines the legal frameworks in place to address CEFM within the four jurisdictions. This includes examination of international instruments such as the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage to regional instruments such as the Protocol on the Rights of Women in Africa to the African Charter on Human and Peoples’ Rights, in an attempt to analyze the legal obligations that arise from these conventions. Considering that the main target audience of this paper are those within the judiciary (most specifically East Africa), it is important also to take a closer look at the national legal frameworks in place, comprising of national constitutions and statutory laws. The paper then concludes with a section on recommendations and finally and most importantly relevant case law in Appendix 1.     

South African regulation of online casinos licensed in a foreign jurisdiction

Advances in technology brought about new popular gambling activities such as online gambling (sometimes called trans-border e-gaming) in South Africa and abroad, demand new regulatory structures since the current laws on gambling do not have provisions for online gambling. This article addresses the legality of engaging in online gambling within the South African borders by casino operators who are licensed in a foreign jurisdiction, giving rise to the issue of determining the place where the act of gambling takes place between a player who is in South Africa while engaging on the Internet with a server in another country. Although this article deals with the South African perspective, realizing that South Africa is a developing country and the law relating to the Internet might be behind, a reference to the online gambling law of United States (US) is made to showcase a need for attention to regulate online gambling in both developing and developed countries.     

Technology Transfer in Education – Application to Developing Countries

This article reviews key issues and challenges in the transfer of educational technology to developing countries. Based on the literature of experience in education and the transfer of technology across different country settings, the article sets out a 5-stage framework (selection, implementation planning, pilot implementation, going to scale, and sustainability) for planning and implementing transfer of technology in the education sector. The framework also outlines key questions that should be addressed at each stage, as well as tools and techniques for dealing with these questions. The article concludes with a summary of key principles to consider when transferring educational technology to developing countries.     

Technology Transfer Emerging Issues “High Impact Trends”

Using an experienced-based methodology it is possible to “forecast” high impact trends in technology transfer. The results presented in this paper are based upon historical data, the author's professional experience, R&D trend information and the aggregation of responses from experts drawn from a wide range of organizational sectors. The technology transfer trend forecasts may be useful to professionals and organizations in technology transfer as they examine future opportunities.     

List of Contributors

The emergence of regional parliamentary assemblies (RPAs) in Africa has been on the ascendancy since the mid-twentieth century. The essence of these parliaments is to contribute to regional economic and political integration through oversight, legislation and representation. However, the ability of Africa's RPAs to perform these functions has been challenged by institutional and legal factors. Using five regional parliaments (the East African Legislative Assembly, the Economic Community of West African States Parliament, the Inter-Parliamentary Union of Intergovernmental Authority on Development, the Pan-African Parliament and the South African Development Community Parliamentary Forum) as case studies, this paper examines the impact of these challenges on the functionality and viability of Africa's RPAs. It finds that given that these parliaments lack legitimacy of authority and enabling status of operation, they exist merely as deliberative, consultative and advisory bodies rather than independent organs of regional economic communities with full legislative and oversight powers. Consequently, the paper recommends, among other things, the amendment of their constitutive acts to grant them full legislative and oversight functions, and the election of their members by universal adult suffrage in order to give them legitimacy of authority.     

WTO与中国环境标志法律对策

随着世界经济一体化的深入和各国对环境保护问题的日益重视,环境标志成为发达国家新的一种"绿色贸易壁垒",对环境和国际贸易产生重大影响,加入WTO后,中国环境标志面临新的机遇与挑战。我们应大力发展和完善我国的环境标志制度,充分利用WTO的现行规则,在WTO的法律框架内寻求相应的法律对策。     

论我国技术转让法律制度的完善——以美欧在WTO相关诉告为背景

为遏制我国进一步发展,美国和欧盟相继在WTO起诉我国存在“强制技术转让”。在澄清国内法律与WTO规则相符性的同时,我国已意识到完善技术转让法律制度的内生需要与此次美欧起诉具有相关性:我国并未出台专门的技术转让法,有关措施散见于诸多法律条文而妨碍了制度的整体效用。此外,我国未全面利用WTO例外规定对发展中国家的保护,致使本国劣势企业负担过高义务。为创设公平的技术转让法治环境并避免发达国家滥用技术保护,我国需整合有关法律规范,修正过时规定,依据技术转让所涉的贸易和投资不同属性区别立法,并积极通过国际规则寻求优惠待遇。     

Building Technological Capability Through Importing Technology: The Case of Indonesian Manufacturing Industry

This research investigates the critical elements affecting the ability of firms in developing countries to cultivate their technological capability through imported technology. The information obtained from forty-five technology recipient Indonesian manufacturing firms indicate that the cultivation of technological capability is affected by several factors such as a firm's technological absorption capacity in terms of R&D activities and availability of technical personnel; transfer channels; government's involvement; and a firm's learning culture. Also, the acquisition of mature technology just to boost production capacity or improve product quality contributes very little to the development of technological capability.     

Southern African contradictions: Part I,the role of U.S. based multinational corporations (MNCs)

Summary This is the first of two articles which seek to explain how the distorted growth of South Africa has enabled it to dominate and underdevelop the entire southern African region while itself becoming increasingly dependent externally on Western multinational corporations. A simple model provides the theoretical framework for this analysis. A brief historial sketch of the handful of powerful mining finance houses, led by the Anglo American Group involving U.S. and British interests, have joined the racist South African Government to build state capitalism and coerce the black Africn majority to work for less than subsistence wages. In this context, the largest U.S. multinational corporations, many of them linked through their boards of directors and financial ties to each other and high U.S. officials, play an increasingly critical role in providing sorely-needed capital and advanced technology to strengthen South Africa's industrial complex. At the same time, U.S. interests are attempting to influence the South African black trade union movement to acquiesce to the basic structure of the resulting exploitative political economy.The second article will outline the way South African and multinational corporate interests have penetrated the political economies of neighboring countries to obtain low-cost labor, raw materials, and markets for their expanding output of manufactured goods.     

Transferring technology into and within the third world

This article is based on Jordan J. Baruch's talk at the banquet at this year's Technology Transfer Society's annual meeting on the occasion of his being named winner of the society's Thomas Jefferson Award. As recipient of the award, he was cited for outstanding achievements in technology transfer in three categories:1. Exemplary success in managing actual transfer (Baruch invented and managed transfer of many civilian and military technologies in acoustics.).2. Leadership in technology-transfer public policy (He has been a frequent expert in Congressional testimony on such issues as consortia in technology development and commercialization. He also led efforts to develop formal organizations to promote technology transfer between the US and other nations such as Israel, Jordan, India, China, and several African countries.).3. Significant contributions to professional knowledge in technology transfer (Baruch has promoted the use of computer conferencing and was the conceptual and political driving force for the formation of the Center for Utilization of Federal Technology.). Jordan J. Baruch, who has a Ph.D. in electrical engineering from the Massachusetts Institute of Technology (MIT), is a consultant (Jordan Baruch Associates). He served as assistant secretary for science and technology at the US Department of Commerce in 1977–81. A professor at Dartmouth, The Harvard Business School, and MIT, he also was a founding partner of the engineering firm Bolt Beranek & Newman. Baruch is a member of the National Academy of Engineering.     

美国宪政主义与20世纪非洲宪政的发展

非洲历来是美国全球战略锁链上不可缺少的一环 ,非洲的宪政发展很早就受到美国宪政思想和政治体制的影响。 2 0世纪 90年代后期 ,非洲许多国家的宪政随着美国在全球推行政治民主化运动而出现重大转型 ,美国的宪政对非洲国家的宪政影响突出地体现为四个方面 ,即人权观念 ,联邦制 ,总统制与政党制以及司法审查制度等方面。通过分析采纳美国模式的原因和后果 ,可以看出非洲的宪政发展依然任重道远。     

Dilemmas of U.S. export control of technology to China [1]

Technology transfer from the U.S. and its allies to China is basically a combination of West-East and North-South characteristics. China's “unbalanced” development strategy for the past several decades has resulted in some technologically advanced military fields, like strategic nuclear forces, and a strikingly backward civilian sector. This uniqueness confounds U.S. decisions on export control of potential military technology to China, whereas western Europe and Japan can take full advantage of the economic opportunities beginning in the late 1970s. The U.S. relative disadvantage in economic terms as compared with its allies in dealing with China is hypothesized to be more serious than when dealing with the Soviet group. Meanwhile, the U.S. policy to ban some critical technologies to China may also be eroded by China's concerted efforts to get access to them and the informal channels rooted in the extensive Chinese network in the U.S. science and technology community.     

The Service Sector's Acquisition and Development of Information Technology: Infrastructure and Productivity

The paper explains why the productivity of information technology (IT) in the service sector of the U.S. economy is increased by the provision of infratechnology. The size and growth of the service sector and its investment in IT are discussed, and a key fact and a key inference are developed. The fact: The absorption costs of IT are the vast majority of the IT investment costs to the service sector. The inference: Infratechnology investments are an efficient way to increase both private and social benefits of incurring the cost of implementing IT.     

新媒体时代决策科学化探析

在信息时代,网络、手机等以网络信息技术为基础的新媒体的快速发展,为决策科学化带来了机遇和挑战.决策科学化需要大量的信息和专家咨询,需要民主参与以及有效的反馈和监督机制.新媒体的广泛应用为决策科学化奠定了坚实的技术基础.     

Some recent developments in the legal relationship between parent and child

This article is based on a paper read at the Oxford Round Table Sir William Blackstone Colloquium on Public School Law in Oxford in 2000. Living and working in the 18th century, Sir William Blackstone was one of the most prominent English lawyers of all time, his influence still enduring in England and in many other countries with historical links with England. Because Blackstone regarded the relationship between parent and child as very important, the author therefore traced it through three broad periods: Blackstone's own times, South Africa before 1994 and South Africa after 1994. In preparing the paper, the author realised that many changes had taken place in the legal relationship between parent and child in South Africa since 1994 and that their implications for education management need to be explored. Education law literature in South Africa is certainly still largely dominated by the law as it was before 1994; so are the management implications drawn from it. The article has four sections: first, aspects of the parent-child relationship in South African law before the new Constitutional dispensation; second, relevant developments in South African under the new Constitution(s) and finally, a conclusion.     

Personal Data Protection in Nigeria: Reflections on Opportunities,Options and Challenges to Legal Reforms

The right to personal data protection is, without doubt, an important right in the jurisprudence of rights in the contemporary information society. It is becoming as crucial as other orthodox human rights and also attracting significant attention from academics, lawyers, human rights activists and policy makers. In spite of the growing attention data protection receives at international and regional levels, Nigeria is still lagging behind many competitor states like South Africa in establishing an effective legal framework to protect personal data. Individuals’ personal data is being collected and used without any serious form of control to check against abuse. This paper reflects on opportunities, option and challenges to legal reforms on data protection in Nigeria. It contends that certain legislative and practical challenges stand in the way of an effective legal regime on personal data protection. The paper suggests appropriate legal reforms that are needed to enable prevent the increasing risks of violating the right to data protection in a country that is making rapid advances in Information and Communication Technology but hamstrung by an outdated regulatory framework.     

The EU–ACP development cooperation – governance challenges for non‐state actors: the case of Malawi

The European Development Consensus 2005 contains a broad policy re‐statement of the EU’s world view vis‐à‐vis its internal and external relations. It places poverty eradication and sustainable development at the heart of its policy. The context within which poverty eradication is pursued is an increasingly globalised and interdependent world that constantly creates new opportunities and challenges. Combating global poverty is seen by both parties not only as a moral obligation; rather as a building block for a more stable, peaceful, prosperous and equitable world, reflecting the interdependency of its richer and poorer countries. The EU has in its relations with the African, Pacific and Caribbean countries, past and present, pursued a development agenda via successive aid and development cooperation arrangements starting with the Yaoundé I convention, through Lomé to the Cotonou Partnership Agreement (CPA). In this article I reflect on the CPA, based on a corpus of shared objectives, principles and the Lomé ‘acquis’ in relation to Malawi non‐state actors (NSAs). I reflect on the opportunities and challenges it presents and how contemplated social dialogue between government and NSAs on the one hand and the EU can translate into poverty reduction, sustainable development and integration of the local economy to the global economy. I conclude that unlike its predecessors, Yaoundé and Lomé conventions, the CPA acknowledges the complementary role of NSAs in the development process, however NSAs in Malawi face constraints in terms of organisation and capacity building that affects their participation. What I do not do is to offer a discussion of the CPA as a whole, for that is outside the scope of this article, but rather have focused on the governance aspect vis‐à‐vis NSAs.