‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 1: Developing rules for transitioning custom into law

The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective.     

Is There a Case for Strict Liability?

In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive penalties; and that with respect to tort liability, it is best justified as a means of defining insurance categories.     

Tourism as a Catalytic Force for Low-Politics Activities between Politically Divided Countries: The Cases of South/North Korea and Taiwan/China

Tourism has played a significant role in influencing international relations, political policies and world peace. This study analyzes the relationship of politics and tourism between two pairs of politically divided nations: South/North Korea and Taiwan/China. It compares the impact of tourism on the cross-straits relations between Taiwan and China as well as inter-Korea relations. By applying the Tourism Evolution Model of Butler and Mao, this study finds that the Mt. Kumgang tourism development is a barometer not only measuring the willingness of the two Koreas to engage each other in low-politics activities but also the current status of South-North relations. This article analyzes tourism as a low-politics activity influencing initial reconciliation between governments, and discusses the Mt. Kumgang tourism development as a symbolic joint venture for inter-Korean economic relations. It also compares and contrasts tourism as low-politics activity between China and Taiwan.     

The effects of tax instability on budgeting and financial management in developing countries

Budgeting and financial management in developing countries is made particularly difficult by fluctuations in revenues. This paper considers the variety of factors that underlie such revenue variability, including policy, economic and administrative phenomena. Empirical analysis of government revenue in stability in both Bangladesh and Burk in a Faso is conducted to document the extent of the issue and to suggest how such analysis can shed light on the underlying causes of revenue fluctuations.     

A Requiem for American Counterinsurgency

Counterinsurgency as an operational method employed by the American military to achieve policy aims at a reasonable cost in blood and treasure has failed miserably. The idea that it has worked should be buried in the ground with a requiem stating that counterinsurgency is dead. Unfortunately, a large group of writers over many years have constructed a deeply flawed narrative that suggests that it is alive and well and continues to shape and influence American foreign policy toward and activist use of American military force in the world's troubled spots.     

U.S.-Russian Strategic Arms Reductions: Nonlinear Challenges,Practical Opportunities

The Obama Administration's desire to push forward with strategic nuclear arms reductions during the President's second term requires the navigation of numerous shoals and reefs. U.S. and Russian negotiators will have to overcome both political and military obstacles to accomplish post-New START reductions in long-range nuclear weapons. For example, efforts to reduce offensive nuclear weapons are complicated by U.S. and NATO plans for missile defenses deployed in Europe and by exigencies in U.S. and Russian domestic politics. In addition, the military-technical aspects of cyber war and nuclear deterrence can no longer be treated, analytically or practically, as isolated compartments. This article considers several aspects of the relationships among possible post-START offensive force reductions, advanced conventional weapons including missile defenses, and emerging cyber capabilities.     

Remembering to Forget: A Note on the Duration of Campaign Advertising Effects

Exposure to an Obama campaign ad as part of an Internet survey conducted during the final weeks of the 2012 presidential race produced a substantial 2.8-point increase in intentions to vote for Obama. A post-election follow-up survey found an increase in reported votes for Obama that was only half as large, consistent with the notion that ad effects decay over time. However, a closer look at the pattern of decay indicates that the effect of ad exposure remained virtually constant among people who were undecided or predisposed to support Obama. The reduced aggregate effect was almost entirely attributable to Romney supporters who moved toward Obama in the immediate wake of ad exposure but returned to Romney by Election Day. This divergence is inconsistent with an interpretation of decay as reflecting simple forgetting. Rather, it suggests an active process of motivated reasoning in which short-term persuasive effects are gradually eroded or even reversed by counterarguing among people predisposed to resist them.