Suffering What It Must? Mongolia and the Power of the ‘Weak’

Mongolia is not a hapless object on which the great powers may act at will. Like other small states existing on the periphery of great powers, Mongolia has—and does exercise—political agency. Its policies and actions affect not only the bilateral relationship it has with each of the greater powers, but—as an outgrowth of those bilateral relations—it also exerts some influence on the relationship that the great powers, in turn, have with each other. “… you know as well as we do that right, as the world goes, is only in question between equals in power, while the strong do what they can and the weak suffer what they must.”¹     

Grand Strategy of ‘Restrainment’

With the end of the Cold War, the subsequent global war on terror, the global economic recession, and wars in Afghanistan and Iraq, one would think that the United States would have formulated a grand strategy for dealing with these problems. This, however, is not the case. This article advances a grand strategy of “restrainment,” as a guiding concept for our approach to international politics. It builds from the principle that U.S. policy must seek to restrain—individually and collectively—those forces, ideas, and movements in international politics that create instability, crises, and war.     

The Middle East: Learning from the Past

The effort to bring peace to the Middle East has been an almost century long process. Legions of soldiers, politicians, and diplomats have attempted the political equivalent of transmuting dross into gold. They have failed; none more comprehensively than President Bill Clinton and his Middle East interlocutors. Despite personal energy, intelligence, and creativity, U.S. efforts failed. After a stretch of benign/malign neglect, Washington again is venturing into the swamp by sponsoring renewed Israeli-Palestinian negotiations. There are learnable lessons from what has been (mis)managed in the past. The question remains whether the United States will take counsel from them.     

Some reflections on the duality of regime for software protection in the European Union

Although the framework for protection of computer programs has been established in the European Union more than two decades ago, it has not undergone any major changes. Opinions of Advocate General Yves Bot have convinced the Court to advance the concept of the plurality of copyright regimes applicable to software: source code, object code and documentation would be protected under the Software Directive, whereas interfaces, programming languages, data formats and software manuals are dealt with as literary works under the InfoSoc Directive. In SAS Institute v WPL, the Court also ruled that copyright in a computer program cannot be infringed where the lawful acquirer of the license neither decompiled the object code nor copied the source code of the computer program, but merely studied, observed and tested that program in order to reproduce its functionality in a second program. This ruling paves the way and acknowledges the reverse engineering efforts on the Old Continent.     

A comparison of proposed legislative data privacy protections in the United States

The use of online consumer tracking methods has raised significant privacy concerns for consumers and policymakers for decades. Advertisers using these methods analyze web-viewing habits to predict consumer preferences and actions. The advertising industry in the United States has promoted self-regulatory principles to respond to these concerns. However, in December 2010, the U.S. Federal Trade Commission reported that these efforts “have been too slow and up to now have failed to provide adequate and meaningful protection.” President Barack Obama's administration has supported broader legislation for comprehensive protection of individuals' private data. The leading model for data privacy protection is the 1980 Organization for Economic Cooperation and Development (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. This article examines two leading legislative privacy proposals in the context of the OECD principles. This examination concludes that, although the proposals do not provide sufficient comprehensive privacy protections, they do fill significant gaps in current U.S. privacy laws.     

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.     

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.