Breach of Confidence as a Privacy Remedy in the Human Rights Act Era

This article examines the impact of the Human Rights Act (HRA) on the current lack of a remedy for non-consensual publication of personal information by the media. It argues that the action for breach of confidence is now ripe for development into a privacy law in all but name and that the normative impetus for this enterprise can be found in the HRA which will require domestic courts to consider Convention jurisprudence. It will suggest that when Strasbourg decisions are examined in the context of more general Convention doctrines, they may be seen to suggest the need for an effective privacy remedy. Drawing upon approaches from other jurisdictions it seeks to demonstrate that principled solutions may be found to the thicket of legal problems associated with such development. It contends that the main objection to this enterprise, the perceived threat to media freedom, is largely misplaced, as analysis at the theoretical and doctrinal levels reveals that speech and privacy interests are in many respects mutually supportive and the areas of conflict small and readily susceptible to resolution.     

Deploying the Classic 'Community Method' in the Social Policy Field: The Example of the Acquired Rights Directive

The use of the Community method of legislation, in particular the deployment of directives, has for a long time been at the core of EC labour market policy. This article seeks to reflect on the lessons to be learned from the experience of the adoption and operation of one particularly significant directive, namely the Acquired Rights Directive, and on the experience of its transposition in one Member State, Ireland. Among features noted at the EU level are the watering down of the Commission's initial legislative ambitions; the substantial lacunae, failures to address issues and ambiguities incorporated in the text of the directive, the consequent enlarged role for the Court of Justice and the apparent difficulty in changing policy direction in the event of errors being made. As regards the Irish experience of transposing the directive, lessons learnt have included the importance of the means of implementation chosen by the Member State; the obstructive effect which national industrial relations systems may have on the evolution of a common European approach; the significance which attaches to national sanctions and enforcement mechanisms; the importance attaching to the degree of collective organisation in workplaces where the implementing legislation is sought to be relied upon; and the potential which the implementation of a directive has for disruption of the harmony of a national policy approach. Finally, the use of a form of social dialogue in the implementation of employment-related directives in Ireland is also commented upon.     

International marriage in East and Southeast Asia: trends and research emphases

This paper gives an overview on international marriage in East and Southeast Asia. It first reviews the available data on the incidence and trends of transnational marriage. It then discusses the factors generally cited as contributing to the rising incidence of international marriage in the region: the increased mobility of population, particularly with respect to tourism, business travel, short-term employment and international study; and marriage market issues in a number of countries of the region, leading to deliberate and targeted search for spouses in other countries. It also reviews the types of international marriages in the region, including the national, ethnic and social characteristics of spouses in such marriages. Finally, it discusses the issues and problems covered and not (or inadequately) covered in the literature of international marriage in East and Southeast Asia in relation to the questions of rights and of the boundaries and sovereignty of the state.     

Popular Punitiveness? Punishment and Attitudes to Law in Post-Soviet Georgia

Georgia is the only country in the post-Soviet region where incarceration rates significantly grew in the 2000s. Then in 2013, the prison population was halved through a mass amnesty. Did this punitiveness and its sudden relaxation after 2012 impact attitudes to the law? We find that these attitudes remained negative regardless of levels of punitiveness. Furthermore, the outcomes of sentencing may be less important than procedures leading to sentencing. Procedural justice during both punitiveness and liberalisation was not assured. This may explain the persistence of negative attitudes to law. The Georgian case shows that politically-driven punitive turns or mass amnesties are unlikely to solve the problem of legal nihilism in the region.     

Shifting the paradigm of prison suicide prevention through enhanced multi-agency integration and cultural change

This study examines an unusually sustained reduction in suicide rates in a local London prison during the three year period 2008–2011. The likelihood of this reduction taking place by chance was <2:100,000, and its perceived success was such that the prison service recommended an evaluation of its characteristics. This study arose from that recommendation, and it used a retrospective case study multi-method approach (including factor identification, qualitative interviews and triangulation with official documentation) to identify factors which had been associated with the reduced suicide rates. The results endorsed a number of factors which have already been internationally identified as best practice, along with some local innovation factors. Two further pivotal factors emerged through analysis, and they are the key to service improvements. These factors – senior management support for cultural change and cross-professional collaborative working – indicate that positive leadership and multi-agency integration are vital ingredients.