The Deep Colonizing Practices of the Australian Royal Commission into Aboriginal Deaths in Custody

This paper demonstrates how legal processes utilized by institutions established to reverse the effects of colonization, can continue the colonizing agenda. The processes reflect 'deep' rather than 'de-'colonizing practices. The Australian Royal Commission into Aboriginal Deaths in Custody (RCIADIC), which tabled its National Report over a decade ago and which was heralded as the inquiry which would transform race politics for Indigenous Australians, is used as an example of a 'decolonizing' institution that inadvertently adopted deep colonizing practices. Using data from interviews with 48 Indigenous and non-Indigenous people who were associated with the RCIADIC, this paper expands Deborah Bird Rose's theoretical construct of 'deep colonizing practices' and illustrates how difficult it is to shift hegemonic legal processes and beliefs, despite intentions to empower and embrace Indigenous views.     

EU update: Baker & McKenzie’s regular article tracking developments in EU law relating to IP, IT & telecommunications

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. Additional commentary is also provided in relation to a few select areas of particular interest. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

The European Union and Belarus: democracy promotion by technocratic means?

Is Belarus an enviable constant in international relations: a maverick, isolated from the West and inseparable from the East? On the surface, there seems to be business as usual: Lukashenko's regime remains unchallenged; Belarus’ relations with the European Union – spasmodic at best; while its absorption into Russia's Eurasian project continues apace. Yet, some critical disjunctures – manifested in government tacit resistance to Russia's influence, and more instructively, in people's growing affinity with Europe – may indicate a sea-change transformation in the very fabric of society. This article, utilizing extensive and subject-focused research, conducted in the country between 2009 and 2013, examines the nature and causalities of the occurring change. It argues that democracy promotion, in Belarus’ case, may work better when depoliticized and inculcated, through norms, regulations, and practices of international order, into the daily lives of individuals. Through its continued technocratic, inclusive, and sector-level engagement, European Union governance, even under the conditions of limited bilateral dialogue, have succeeded in fostering much-needed space for reciprocal learning and critical reasoning, which may have far greater transformative potential than manufacturing a single collective will for democracy building.     

Effects and side effects of European Union assistance on the former Soviet republics

Since the early 1990s the European Union (EU) has been the largest donor to the post-Soviet states. In the last decade it more than doubled development assistance to the region. One of the major purposes of assistance is human rights promotion. At the same time, it is still an open question whether, and under what conditions, assistance can improve human rights in recipient countries. This study applies time-series cross-section (TSCS) analysis to identify effects of external assistance. Using data from 12 post-Soviet states over 20 years, I show that conditions under which states are more likely to display a positive effect are high state capacity and political conditionality attached to economic cooperation agreements. Whereas, when state capacity is lower, assistance might cause a slight deterioration of the human rights situation. In hybrid regimes, assistance is associated with negative effects, indicating that external assistance might induce deterioration of human rights in such regimes.     

Intolerant Policies and Discourses in Northern Italian Cities

In 2008, several local authorities in Italy implemented policies that aimed at limiting the socioeconomic and civil rights of migrants, especially in those regions administered by the North League party. This article analyzes these local policies and the discourses to support or oppose them. It shows that three main intolerant arguments are used by their supporters, which refer to security, welfare provisions, and national identity. In contrast with these dominant discourses, civil society actors construct a counterdiscourse based on respect for human rights.     

Emerging Parenting Coordination Practices Around the Globe: What We Have Learned

Parenting coordination is emerging in numerous countries around the globe as a response to the need to protect children in families whose parents experience high conflict following their separation or divorce. This article describes the different trends in the implementation of parenting coordination programs in Canada, Spain, and Italy and the socio‐legal contexts in which they have evolved. An analysis will also be presented of the unique challenges faced by these countries and the ensuing debates on issues related to the referral process, legal procedures, decision‐making authority, judicial immunity, confidentiality, and professional requirements and training for the appointment of parenting coordinators. The authors will present what has been learned from their respective experiences and make recommendations to promote continued development.