The legal effect of EU Regulations

The EU institutions are increasingly addressing harmonisation by means of regulation rather than the traditional use of directives. This is particularly impacting areas such as data protection, financial services regulation and European standardisation in Information and Communications Technology. More broadly, using directly applicable regulations which may have horizontal and vertical direct effect rather than directives has important administrative and constitutional implications for their application in national law and impacts on Member States' discretion to implement supplementary legislation which falls within the remit of the regulation in question. This is of particular concern where governments implement policies which might be in contravention of these rules. This may be the case in relation to the UK government's public procurement policy which mandates royalty free standards rather than royalty bearing standards with the option for the licence holder to licence royalty free.     

‘Modernising’ data protection Convention 108: A safe basis for a global privacy treaty?

Proposals for the reform or ‘modernisation’ of Council of Europe Data Protection Convention 108 have now been forwarded from the Convention's Consultative Committee for consideration by the Council of Ministers. This article assesses the changes proposed, which strengthen the obligations of Parties to implement the Convention as a matter of effective practice, not just as a law on paper. It tightens most of the existing data protection principles, and adds new ones which better align the Convention with the EU Directive (and proposed Regulation). The Convention Committee will have explicit new functions including assessing candidates for accession, and periodically reviewing implementation by existing parties. However, the proposals concerning the required standard for data export limitations are in some respects ill-defined and dangerous for data subjects. The existing standard that personal data can only be exported if the recipient provides ‘adequate’ protection has been abandoned for an undefined requirement of ‘appropriate’ protection. The article situates the risk of abandoning meaningful data export restrictions in the context of the USA's push for ‘interoperability’ of very different data protection standards.     

Are internet robots adequately regulated?

The robots.txt protocol allows website owners to specify whether and if so, what bots may access their sites. On the one hand, websites owners may have good reason to fend off bots. The bots may consume too much capacity, they may harvest data that are not suitable for presentation elsewhere on the web, or the owner may have reasons for disallowing bots that lie in the relation with user of the bot. On the other hand, search engines, aggregators and other users of bots may provide social beneficial services based on the data collected by bots, i.e. data that are freely available to anybody visiting the site manually. How should the law regulate disputes that arise in this context? Two legal regimes (trespass to chattels and unauthorised access) have been examined. Based on the characteristics of the disputes at hand, a number of desirable characteristics for an ideal form of regulation are identified. When testing the two regimes they are found to be lacking. A structure for a form of regulation is presented that allows the law to develop in a way that does more justice to the disputes at hand.     

Mainstreaming Gender in Politics in Bangladesh: Role of NGOs

‘Gender mainstreaming’ has been regarded as one of the strongest approaches to deal with the issue of equality policy for women. In order to mainstream women in the political process, a number of NGOs have been carrying out different programs in Bangladesh for building awareness among women so that they could opt for participation in the political process. The paper analyzes the role of NGOs in the process of mainstreaming gender in politics in Bangladesh in general and in the enactment of the Local Government (Union Parishad) (Second Amendment) Act of 1997 in particular. Based on empirical data collected through an open-ended structured questionnaire and available secondary data, the study findings reveal that despite having no formal access to the policy process, NGOs augment participation of women in the political process through informal means as is exemplified by their training programs that enhance women's social and economic status.     

Pakistan,India, China,and the United States: Energy,Climate Change,and National Security

This article focuses on the interplay of energy, climate change, and national security issues in Southwest Asia, using the newer definition of “national security” to include energy security, economic development, and climate change, as well as traditional security focusing on the military aspects.