The Dematerialization of Print and the Fate of Copyright

This paper contends that copyright is a product of the invention of print. Before that time, writings were seen as part of the common heritage of humanity and if someone copied a book by hand they deserved the right to own the copy. The digitalization of not only print, but also intellectual products such as music, graphics and video has caused problems more deep-seated than many copyright lawyers would admit to. In fact, a paradigm shift has occurred with information at the core. The older paradigm comes from the world of Descartes and Newton and focuses on material things. The legal system of that era correspondingly focused on material things, making it impossible to own, possess or have any other real right in incorporeals. To cover intellectual property a special subsystem of law was designed which is now starting to show the strain. It is argued that information ages quickly and by over-protecting it one loses the value of the asset. Power and wealth will come from transmitting and adding value to information. In this regard personal rights might be more valuable than real or intellectual property rights, unless the latter adapts to change more rapidly.     

The Legal Characterization of the Armed Conflicts in Afghanistan and Iraq: Implications for Protection

This article explores the implications for the protection of civilians and other vulnerable persons, of the requalification of a conflict downwards from international to non-international, focusing in particular on the changes in the characterization of the conflicts in Afghanistan and Iraq from 2001 and 2003 respectively.

Determining the legal character of an armed conflict is rooted in an inherently political interpretation of black letter treaty law. It is generally agreed that when the United States and its coalition allies entered the wars in Afghanistan in 2001, and Iraq in 2003, their operations in those countries were initially subject to the laws of international armed conflict. However the International Committee of the Red Cross (ICRC) has determined that the conflict in Afghanistan became noninternational with the establishment of the United States’ backed government of Hamid Karzai on 19 June 2002 and that the conflict in Iraq became non-international with the establishment of the Iraqi Interim Government on 28 June 2004. The basis for this requalification is Article 2 of the Geneva Conventions read in conjunction with an interpretation of the meaning of ‘state’ (and of its power to authorize a foreign intervention in its own territory) that is inherently, and possibly inevitably, political.

Changes in the legal characterization of a war have profound implications for the protection of both non-combatants and combatants under international humanitarian law, in particular for humanitarian access; for the protection of non-nationals from deportation; for the protection of detainees; for the conduct of hostilities; and for the protection of persons transferred into the hands of local authorities. The practical consequence of a requalification of an armed conflict downwards to non-international is a marked loss of protection for persons that were protected by the Geneva Conventions in the earlier stages of the conflict.

     

The Campesino-to-Campesino agroecology movement of ANAP in Cuba: social process methodology in the construction of sustainable peasant agriculture and food sovereignty

Agroecology has played a key role in helping Cuba survive the crisis caused by the collapse of the socialist bloc in Europe and the tightening of the US trade embargo. Cuban peasants have been able to boost food production without scarce and expensive imported agricultural chemicals by first substituting more ecological inputs for the no longer available imports, and then by making a transition to more agroecologically integrated and diverse farming systems. This was possible not so much because appropriate alternatives were made available, but rather because of the Campesino-a-Campesino (CAC) social process methodology that the National Association of Small Farmers (ANAP) used to build a grassroots agroecology movement. This paper was produced in a 'self-study' process spearheaded by ANAP and La Via Campesina, the international agrarian movement of which ANAP is a member. In it we document and analyze the history of the Campesino-to-Campesino Agroecology Movement (MACAC), and the significantly increased contribution of peasants to national food production in Cuba that was brought about, at least in part, due to this movement. Our key findings are (i) the spread of agroecology was rapid and successful largely due to the social process methodology and social movement dynamics, (ii) farming practices evolved over time and contributed to significantly increased relative and absolute production by the peasant sector, and (iii) those practices resulted in additional benefits including resilience to climate change.     

Widows: Outsiders in rural economy and society in central European villages, 1558–1750

Due to the lack of micro-historical empirical studies, a general account of the situation of women in early modern rural societies of demesne lordship (Gutsherrschaft) is not possible, yet. Previous research has generally assumed that their economic position was difficult. Recent studies, however, aimed to modify this picture by emphasizing, in particular, their independent economic activities, especially with increasing age.This paper will address the position of widows in rural society. It will analyze land transfer contracts for three individual villages of the Northern Bohemian estate of Frýdlant between 1558 and 1750 and contrast the results with normative sources of the same estate. It will particularly deal with the question whether widows could work subject farms and holdings independently and how they secured livelihood after selling their properties.     

Community‐Based Participatory Research as a Tool for Policy Change: A Case Study of the Southern California Environmental Justice Collaborative

In 2000, a regional rule governing maximum individual cancer risk from stationary facilities in Southern California was dramatically altered, reducing allowable risk levels by 75%. This article uses a case study approach to explore the role of a community‐based participatory research (CBPR) partnership, the Southern California Environmental Justice Collaborative, in producing research and helping spearhead policy advocacy leading to this policy change. It also highlights the role of the collaborative in helping to change the framing of the issue from individual to cumulative risk assessment, so that the regulatory agencies began to reflect this broader thinking in their policymaking. The collaborative's structure and methodology, regional focus, relationships with key decision makers, and its reputation as an important source of both credible science and “people power” were seen as contributing to its effectiveness. The role of contextual factors including a recovering and more regulation‐friendly economy also is highlighted, as are key barriers faced. Implications for other community–academic partnerships working to address regional and statewide public policy are discussed.     

Queering it up,strutting our threads,and baring our souls: genderqueer individuals negotiating social and felt sense of gender

This article draws from data of a year-long qualitative study on the lived experiences of genderqueer individuals. Two critical questions helped aide in thinking about the lived experiences of genderqueer individuals: (1) What does it mean to claim a genderqueer identity? and (2) How is genderqueer experienced, embodied, and understood? The principal work of José Muñoz, Gayle Salamon, Gilles Deleuze and Felix Guattari, and Jasbir Puar was used to support the theoretical frame and qualitative data analysis. What makes a person genderqueer is not clearly defined, but is organic and personal, and brings forth negotiations of social and felt sense of gender, and internal and external oppression. Specifically, the ways in which genderqueer individuals negotiate their identity related to the social construction of gender, the felt sense of gender, and gender as becoming are analyzed and discussed.