How can the poor benefit from private investment in agricultural research? A case study from Bolivia

This article evaluates potential mechanisms for facilitating increased private-sector engagement in agricultural research for development and technology transfer (ARDTT), with particular emphasis on Bolivia. It reviews the mixed results of efforts, in developed and developing countries alike, to decentralise ARDTT and to encourage private-sector investment. Potential mechanisms for Bolivia are considered within three broad categories: taxation schemes; co-funding arrangements; and output-based approaches. The constraints to participation in ARDTT by the private sector that arise from concerns over high transaction costs, intellectual property rights, and the legal and regulatory environment are also assessed. The article concludes that compliance, or a hybrid of compliance and a competitive co-funding scheme, is most suited to Bolivia's needs. A flexible approach to intellectual property rights systems is required, although it remains a challenge to identify appropriate taxation regimes.     

BOOK REVIEWS

Gary Paul Nabhan and Stephen Trimble: The Geography of Childhood: Why Children Need Wild Places. Boston, MA: Beacon Press, 1994.

Laura Westra and Peter S. Wenz, eds.: Faces of Environmental Racism: Confronting Issues of Global Justice. Lanham, Md.: Rowman &; Littlefield Publishers, Inc., 1995.

John Gray: Beyond the New Right: Markets, Government and the Common Environment. London: Routledge, 1993

Darrow Schecter: Radical Theories: Paths Beyond Marxism and Social Democracy. Manchester: Manchester University Press, 1994     

Cutting with the Grain: Human Rights,Conflict Transformation and the Urban Planning System—Lessons from Northern Ireland

This article examines how the urban planning system in Northern Ireland served to concentrate segregation and systemic inequalities during the course of the recent conflict. Using documents recently uncovered from the Northern Ireland Public Record Office (PRONI), this article will show how the security forces ‘cut with the grain’ of a planning system that had historically been predicated upon segregation and exclusion in order to better control and manage politically motivated violence leaving a divided city in which systemic inequalities have been built into the fabric of the urban environment. Drawing on developments within regulatory theory this article will outline a way forward for creating an integrated post-conflict planning agenda for Belfast that takes account of the limits of traditional forms of legalism and adds learning to the debate around the relationship between systemic inequalities and the process of conflict transformation.     

Academic judgement,the university Visitor and the Human Rights Act 1998

Students have proved increasingly willing to challenge academic judgements in court, and the passage into law of the Human Rights Act 1998 is likely to have a major bearing on future challenges. The Act will make it unlawful for a public authority (including both a university and the courts) to act in a way which is incompatible with many of the provisions in the European Convention on Human Rights (and the Protocols attaching thereto). It will also permit a victim of such unlawfulness to bring proceedings in an appropriate court or tribunal, whether in the High Court as part of an application for judicial review or as an ordinary civil action for negligence or breach of contract. The court will have the power to grant whatever remedy it considers to be just and equitable, including an award of damages where it feels such an award to be appropriate. This could have significant consequences for the use of the Visitor in chartered universities as the final arbiter in disputes over academic judgements. For the Visitor does not conduct hearings in public and often fails to follow any recognised procedure. It may even be doubted whether the Visitor can be said to be truly independent of the institution against whose decision the student is appealing. In future, therefore, universities may have to be prepared to justify any marks awarded in the public forum of the courtroom.     

Restriction of Hazardous Substances: On the Need for and the Limits of Comitology

This article demonstrates the need for and the limits of the so-called comitology procedure in the area of European waste legislation, using the example of Directive 2002/95/ EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (the RoHS Directive). The RoHS Directive prohibits the use of six hazardous substances in certain electrical and electronic equipment. The Annex to the RoHS Directive, which contains the exemptions from this prohibition, can be amended through the comitology procedure. This procedure is a widely used method in European Community law for the delegation of legislative power from the Council and the European Parliament to the executive branch, i.e. the European Commission. The authors conclude that the use of comitology is indispensable for highly technical issues for which the co-legislators are lacking the time, as well as the resources, to carry out the adaptation of the legislative acts. However, the Commission needs to handle comitology with care; otherwise it runs the risk that its decisions lack legitimacy.     

Quality Control and Contracting Out of Legal Aid

This article reports on an evaluation of a pilot project in the tendering out of legal aid defence services for criminal matters in the Queensland District Court. Comparisons were made on quality and cost between the assignment of matters through competitive contracting and conventional assignment to private practitioners through a panel and scale fee system. Results show no significant differences in case outcomes and client perceptions of quality. In the interests of further cost reductions, any extension of tendering would need to focus on relatively simple, high-volume areas of prescribed crime, where there is less risk that competitive pricing will reduce the quality of service delivery. In addition, the evaluation indicated that greater savings might in future be obtained by enhanced utilisation of in-house (salaried) legal aid practitioners.