Going privately: partnership and outsourcing in UK public services

Public private partnerships provide an important illustration of the way the traditional role of government as employer and service provider is being transformed. While policy–makers argue that the growing role of the private sector is not driven by ideological thinking – that, in fact, both public and private sector organizations can benefit from working together in partnership relations – in practice it is the norms and rules of private sector management that underpin reforms. This paper assesses evidence from two detailed case studies of partnerships and demonstrates, first, that there is little evidence of mutual gains from partnership arrangements and, second, that because of an imbalance of power between public and private sector partners, any gains achieved are not distributed equitably. These results suggest that current reforms need to be refocused around building on the distinctive qualities of services provision in the public sector, rather than expanding the private sector world of markets and contracts.     

Licences in OHIM practice

Legal context: Despite the commercial importance of licences, the Regulation40/94 contains relatively few provisions on licences. As faras these refer to licences granted to CTMs or their recordalat OHIM, they are beyond the scope of the article, which dealswith the case law emanating from OHIM in inter partes proceedings,where licences have played a role. Key points: This article considers the legal requirements licensees mustmeet when filing opposition and cancellation proceedings beforeOHIM. It reviews when use under licence is regarded as genuineuse, or valid for the purpose of establishing acquired distinctivenessor reputation. It also deals with OHIM decisions regarding licenseesfiling the licensors' trade marks in their own names. Practical significance: With respect to the standing of licensees as opponents or applicantsfor invalidity, this article explains the procedural requirements,mentioning also points to be considered when drafting trademark licences. The article also explains to what extent a licenceneed be proven where the opponent or cancellation applicanthas not used the earlier mark himself but wishes to rely onuse made by someone else. On the issue of a licensee filingthe licensed mark in his own name, the article gives an introductionto the criteria applied by OHIM and deals with his fiduciaryposition, resulting in a greater likelihood of his having actedin bad faith.     

The EU and the Peacebuilding Commission

What can the world hope for from the Peacebuilding Commission, given the record of the United Nations in this area? And what contribution can the European Union (EU) offer, given its own record in engaging with countries emerging from violent conflict? The essential task in peacebuilding is to restore a war-torn society's capacity to manage its own conflicts. The priority for the Peacebuilding Commission should be to develop international support and legitimacy for this task, avoiding muddying it with the foreign policy objectives of donor states. The EU has much to offer and much to gain from establishing this growing area of global governance on sound principles and internationally accepted lines. The paper argues that the EU can and should play a leading part in developing the Peacebuilding Commission. It reflects on principles that could be applied and practices that should be avoided.     

My Experiences of the Region during the Last Century - with Particular Reference to Sino-British Relations

The author describes his early diplomatic experiences as a Chinese language student during the Cultural Revolution, followed by his first posting to Peking. Hong Kong was then a major issue between China and Britain. He examines the tensions and difficulties of those years and the first signs of better days ahead. He details his involvement in the upgrading of diplomatic relations, and the first ministerial exchanges. His final overseas posting was to Hong Kong, first to head the Trade Commission, and then, importantly, to manage the final four years of detailed negotiations with China over the handover.     

The Drafting of ICJ Decisions: Some Personal Recollections and Observations

This paper is a study of the process of drafting of decisionsof the International Court of Justice from the standpoint ofthe Registry, showing on the basis of the author's personalrecollections how the Registry contributes to the process. Thequestion of the legal propriety of such contribution is examined,on the basis of a distinction between the task of decision,and that of expression of the decision. Some remarks are alsooffered on drafting techniques.     

Can General Strain Theory Help Us Understand Violent Behaviors Among People with Mental Illnesses?

Recent work suggests that violence among people with mental illnesses is not simply due to the symptoms and comorbidities that define mental illness. We further this work by examining the extent to which strains or stressors explain the link between mental illness and violence. Specifically, we apply general strain theory (GST) to a longitudinal sample of adults with mental illnesses to investigate the lagged effects on violence of several strain measures, while controlling for mental illness symptoms, substance abuse, past violence, and other key variables. Parental drug abuse from childhood and stressful life events across the life course predict violence in adulthood. In a prospective model, relationship strain from an earlier time period significantly predicts changes in later self-reported violence. The results shed light on the ability of criminological frameworks to explain violence among people with mental illnesses.