Korea's technological development

Abstract

Indigenous peoples’ rights, including the right to self-determination, are increasingly codified in international law and policy and disseminated globally by international organizations. These norms mark a profound change in the ideals of citizenship promoted by the international community, away from linguistically and institutionally homogenous citizenship in centralized states to group-differentiated citizenship in decentralized, multi-level and multi-lingual states that use local and regional autonomy for the accommodation of indigenous peoples. Essential to realizing these norms is the devolution of some degree of autonomy to sub-central state units substantially controlled by indigenous communities. Because the transfer of powers to indigenous peoples is crucial to their accommodation, protection and participation in modern states, and because decentralization programs are an important component of reform agendas in most developing countries, it is important to understand how these emerging norms are integrated into real-world decentralization processes.

This article analyzes the application of the World Bank's safeguards policy for indigenous peoples within the institution's support to decentralization reform in Cambodia. The analysis demonstrates that under certain circumstances, the policy not only fails to translate into effective protection but leads to outcomes diametrically opposed to its objectives. In its current design, Bank support to decentralization contributes to the marginalization of indigenous peoples in Cambodia and undermines the institutional, cultural and natural resources upon which their empowerment and participation depends. In environments in which full compliance might be unrealistic to accomplish by individual projects, safeguard obligations lead to a strategy on the part of Bank projects of avoiding geographical and policy areas that are likely to trigger the safeguards policy, in order to reduce projects’ vulnerability to non-compliance claims. The article discusses how more effective application of the safeguards policy might be achieved and how strategies for the empowerment of indigenous peoples can more effectively draw on decentralization frameworks.     

Advanced Framework for Digital Forensic Technologies and Procedures*

Abstract: Recent trends in global networks are leading toward service‐oriented architectures and sensor networks. On one hand of the spectrum, this means deployment of services from numerous providers to form new service composites, and on the other hand this means emergence of Internet of things. Both these kinds belong to a plethora of realms and can be deployed in many ways, which will pose serious problems in cases of abuse. Consequently, both trends increase the need for new approaches to digital forensics that would furnish admissible evidence for litigation. Because technology alone is clearly not sufficient, it has to be adequately supported by appropriate investigative procedures, which have yet become a subject of an international consensus. This paper therefore provides appropriate a holistic framework to foster an internationally agreed upon approach in digital forensics along with necessary improvements. It is based on a top‐down approach, starting with legal, continuing with organizational, and ending with technical issues. More precisely, the paper presents a new architectural technological solution that addresses the core forensic principles at its roots. It deploys so‐called leveled message authentication codes and digital signatures to provide data integrity in a way that significantly eases forensic investigations into attacked systems in their operational state. Further, using a top‐down approach a conceptual framework for forensics readiness is given, which provides levels of abstraction and procedural guides embellished with a process model that allow investigators perform routine investigations, without becoming overwhelmed by low‐level details. As low‐level details should not be left out, the framework is further evaluated to include these details to allow organizations to configure their systems for proactive collection and preservation of potential digital evidence in a structured manner. The main reason behind this approach is to stimulate efforts on an internationally agreed “template legislation,” similarly to model law in the area of electronic commerce, which would enable harmonized national implementations in the area of digital forensics.     

The new science and engineering management: cooperative research centers as government policies,industry strategies,and organizations

Cooperative research centers (CRCs) are key mechanisms for national and subnational governments and private industry for achieving social and economic outcomes with science and technology. Despite growing policy and scholarly interest in the management and productivity of CRCs, their complex and variegated nature has led to limited and inconsistent understanding of CRCs. In this introduction to this Special Issue of The Journal of Technology Transfer, we discuss the impetuses for and embodiment of CRCs as government policies, industry strategies, and organizations and thus address a number of unexplored aspects of CRCs that are important to decision making for both policy and management. Of note, we discuss the lack of definitional clarity regarding CRCs and introduce criteria for distinguishing CRCs from other organizations. We conclude by introducing the article contributions, which are international in scope and address CRCs from multiple theoretical perspectives and levels of analysis, and by discussing areas for future research.     

Competition and Coordination in Bank Regulation: The Financial Crisis of 2007–09

The ability of businesses to shift regulatory jurisdictions has long raised questions about whether this generates a regulatory race to the bottom (RTB). Prior to the Financial Crisis of 2007–09, the structure of U.S. federal bank regulation raised similar questions, as banks could choose their regulator and regulators received fees for assessing banks. I investigate this question, through the theoretical lenses of bureaucratic structure, regulatory capture and bureaucratic reputation. Relying on quantitative and qualitative data, I find that the initial regulatory structure did induce a regulatory RTB, but once the Financial Crisis had begun, reputational fears on the part of federal agencies reversed the race, as the regulators strengthened standards and brought more enforcement actions. The paper ultimately shows that multiple theories help to explain what is going on with regulatory RTBs.     

American standards: definition and differentiation through nonprofit regulation

Nongovernmental organizations are deeply enmeshed in global governance, as promoters and, increasingly, subjects of regulation. Focusing on the proliferation of self-regulatory initiatives, this article asks: Why do NGOs adopt governance initiatives? Do their subsequent regulatory experiences match their expectations? It investigates these questions through the analysis of InterAction, the American international NGO alliance, and its PVO Standards. Based on interviews with NGO leaders, it emphasizes collective meaning over material benefit: American NGOs constitute themselves as American NGOs through standards, with which they underscore their professionalism and market orientation. These gains do not accrue equally, however, with large, central organizations perceived to benefit most from regulation.     

The hidden persistence of witchcraft

Today, we have come full circle from the Salem Witchcraft Trials—accusations of deviant behaviour; an ever-widening investigation conducted in an atmosphere of increasing hysteria; investigation procedures that assume the outcome and encourage accusations, leading to accusations of increasing numbers of individuals for a growing and ever more varied pattern of deviant behaviour; collapse, either before or after the initiation of the criminal process, of the ensuing web of accusations; and, finally, the emotional, financial, or reputational ruin of the accused with no possibility of redress.Underlying the legal conundrum that these Satanic abuse episodes pose is the problem of power—the power to make our world that is an attribute of our social existence, and the potentially corrupting influence of that power. The problem of power is that it threatens the autonomy the hierarchical structure toward which society inevitably tends (in however fluid a manner) and from the power exercised by the loose and shifting majoritarian consensus that often dominates a community.The dilemmas inherent in our legal world arise from two paradoxical circumstances—that we, as politically autonomous, liberty-endowed individuals, are nevertheless socially constructed, and that the law, though it must be autonomous of collective values in order for individual freedom to be possible, must nevertheless reflect who we are in order to command our assent. The problem of false accusations expresses these dilemmas in an especially acute way, and the law must address these dilemmas more carefully if individual rights and collective power are to be maintained in tolerable tension.The Frances Lewis Law Centre of Washington & Lee Law School generously provided support for the research that underlies this essay. The author gratefully acknowledges the helpful comments of David Caudill, Alison Kitch, and Judith McMorrow.