Occupancy rights: life planners and the Navajos

ABSTRACT

This Comment focuses on the limitations of Stilz’s individualist conception of occupancy rights. Her account of occupancy is critical to her attempt to answer the question of where one holds territorial rights as well as related place-related rights like the right of return. Her account appeals to the geographical location of individual life plans. This Comment argues that this fails to distinguish between Indigenous People who are connected historically and in many other ways to a place and individual Life-Planners: it treats the two as equivalent, which I argue is counter-intuitive. I also argue that Stilz’s occupancy account fails to explain the scope of occupancy rights in a number of cases that she appeals to in her examples, such as the Navajos’ expulsion from the area in which they lived. What she needs, I argue, is a group based conception of occupancy rights, in addition to the idea of individual rights of residency.     

Aerial roots

This poem was written at the request of Antomina Rumwaropen for a ceremony held on the shores of Lake Burley Griffin, Canberra, Australia, to mark 40 days after the death of her mother Dina Kayukatui. Antomina left West Papua as a very young woman, and then, because of links to the independence struggle, fled Indonesia as a refugee, first to Holland and then to Vanuatu. She came to Australia in 1989, as a refugee with her extended family. Because of political sensitivities she was unable to return to West Papua before her mother’s death in 1995 in her home village of Ransiki near the Bird’s Head of West Papua. Along with several members of her family, Antomina became an Australian citizen in 1997.     

Waiting for privatization in developing countries: Towards the integration of economic and non-economic explanations

The intention of this paper is to examine the political and administrative limits on the effective implementation of privatization in developing countries and so to present a challenge to the view that slow progress is primarily attributable to economic constraints. After examining these economic aspects, the paper provides an explanatory framework which incorporates those political and administrative processes central to an understanding of what happens to state economic policies in practice. The significance of these processes is demonstrated by drawing on research material from India, Pakistan, Thailand, and Sri Lanka. The conclusion drawn is that responses to pressures for economic reform will be determined, not so much by economic criteria as by the political and bureaucratic resources available to decision makers. Since policy processes in developing countries show considerable variety it is likely that there will be substantial variations in the practical achievement of privatization objectives.     

Dealmaking Disrupted: The Unexplored Power of Social Media in Negotiation

While social media has had profound effects in many realms, the theory and practice of negotiation have remained relatively untouched by this potent phenomenon. In this article, we survey existing research in this area and develop a broader framework for understanding the wider roles and effects of social media on negotiation. Through a series of detailed case studies, we explore how social media can drive important negotiations either off the rails or toward beneficial outcomes—and how savvy practitioners can harness this often‐neglected factor to their advantage, or else find themselves outmaneuvered by more digitally sophisticated parties. Applying the lens of the “3D negotiation” approach developed by Lax and Sebenius, we describe a number of potentially decisive roles that social media can play to enhance actions by negotiators “at the table,” with respect to deal design, and “away from the table.” In this 3D context, we show how social media can help negotiators learn about their counterparts (interests, perceptions, relationships, and networks), directly and indirectly influence the parties, mobilize supporters, and neutralize potential opponents. We show that being proactive—both in cultivating digital influence or allies and in building resilience to threats across online information ecosystems—can provide critical advantages for negotiators navigating a hyperconnected world. We develop a preliminary framework to help identify the full range of platforms, tools, and methodologies appropriate for the use of social media in negotiations, including network mapping software and open‐source intelligence techniques. Throughout our analysis, we stress the importance of ethical and privacy considerations.     

英国公共住房政策和立法的发展及其对中国的启示——以利物浦为中心的案例分析

快速的城市化和工业化给公共住房问题带来了巨大的压力,社会的发展和不同历史时期政治的变化必将导致公共住房政策和立法的不时调整,这其中更多应属延续而非突变,但其中必有一些内在的本质因素属于解决城市公共住房问题所不可忽视的共性基因.利物浦是英国公共住房政策的先锋,以此为主要研究对象予以个案分析,将有助于对英国公共住房政策和立法的成功经验、失败教训予以总结.比较当代中国所面临的公共住房问题的现状,英国公共住房政策和立法的经验教训也许能为中国处理好21世纪的公共住房问题提供借鉴和启发.     

Expert testimony in child sexual abuse cases

We presented participants with syndromal, witness credibility, or anatomically detailed doll evidence to determine (a) whether these different types of expert evidence exert differential influence on participants' judgments and (b) whether the influence of this evidence could be better explained by the relative scientific status or the probabilistic qualities of the research presented. Additionally, we investigated whether a strong or weak cross-examination of the expert would be more successful in discrediting the information provided in the expert's testimony. Findings suggest that participants are less influenced by expert testimony based on probability data (i.e., syndromal evidence) than by expert testimony based on case history data (i.e., credibility of anatomically detailed doll evidence). Participant responses did not differ as a function of the strength of the cross-examination of the expert. As expected, women were more likely to respond in a pro-prosecution direction than were men. Implications for the use of expert evidence in child sexual abuse cases are discussed.     

Putting Principle into Practice: The Role of Human Rights in Foreign Policy

This commentary by Robin Cook reflects upon what was accomplished during his four years as Secretary of State for Foreign and Commonwealth Affairs after the new Labour government in 1997 placed the promotion and protection of human rights at the heart of its foreign policy. The paper emphasises this partnership by introducing a programme of exchanges and secondments between human rights NGOs and the Foreign Office, focusing on the pursuit of human rights in both principle and practice. While discussing the role of the British government the author provides an overview of many of the most important examples of attempts at ethical foreign policy over the last five years. It is argued that that national interest is promoted, not hindered, by a commitment to human rights and suggests new rules for when the UN can intervene to keep peace within states rather than among states.