Judicial Supervision of Executive Action in the Commonwealth Caribbean

The following text is taken from the first in a series of lectures in memory of the late Right Honourable Philip Telford Georges. The Right Honourable Mr Justice Michael de la Bastide was invited by the Dean of the Law Faculty, University of the West Indies, to deliver this inaugural lecture in Barbados on 31 March 2006.     

The London Agreement and the cost of patenting in Europe

This paper analyses the consequences for the European patent system of the recently ratified London Agreement, which aims to reduce the translation requirements for patent validation procedures in 15 out of 34 national patent offices. The simulations suggest that the cost of patenting has been reduced by 20–30% since the enforcement of the LA. With an average translation cost saving of €3,600 per patent, the total savings for the business sector amount to about €220 millions. The fee elasticity of patents being about −0.4, one may expect an increase in patent filings of 8–12%. Despite the translation cost savings, the relative cost of a European patent validated in six (thirteen) countries is still at least five (seven) times higher than in the United States.     

The geopolitics of Brazilian soybeans

Soybean plays a major role in the development of Brazilian agribusiness, and in turn in Brazilian geopolitical power as well. It is a pillar of Brazil's insertion into a ‘new multi-polar world order’ as basis for much Brazilian land ownership in neighboring countries, for the extension of political influence in Africa, and it is especially important for balancing trade with Brazil's new primary commercial partner, China. Yet the US dollar and North Atlantic transnational companies still control global soybean markets and production technologies. In a context marked by booming but volatile commodity prices, food crises, riots and revolutions in food-importing countries, a global rush for farmland, and severe droughts and climate change, the soybean agribusiness in Brazil takes on new and crucial geopolitical significance. I trace the geopolitical role it has served in consolidating the ‘green revolution’ in Brazil, and raise questions about the intersection between agroindustrial markets and currencies: could agricultural commodities serve geopolitical functions (and thus contestation) similar to those ‘petro-dollars’ have served since the 1970s? These considerations show how the political ecology of soybean shapes and is shaped by inter-regional and global-scale processes, and reveals new directions for research on the emerging geopolitical landscape of our century.     

The Making of a European Public Sphere: Media Discourse and Political Contention

Territorial autonomy is one aspect of power-sharing in multi-ethnic societies. Nevertheless, the multi-ethnic countries of Central and Eastern Europe are still among the most centralised in the European Union. This article analyses the failure of any attempts to establish (symmetric) federalism or (asymmetric) autonomy, creating self-governed regions by the Hungarian minorities in Romania and Slovakia. The analysis focuses on the positions of the main parties of the ethnic majorities and the Hungarian minority parties in the two countries. In both cases, the parties representing the Hungarian minorities have favoured territorial autonomy along ethnic lines, but this demand has been rejected by the parties of the ethnic majority. Against the historical legacy of unstable borders, the parties of the ethnic majority argue that territorial autonomy or federalisation might be a first step for a revisionist agenda and separatism. Instead, supported by the European integration, the parties have been able to agree on decentralisation as a half-hearted compromise.     

Brand response analysis: a Peircean semiotic approach

The purpose of this article is to organise and simplify the concept of brand response. It is a development of the authors' semiotic approach to the concept of brand, which uses a triadic model based on the Peircean levels of analysis of the sign. The original model distinguishes three levels: identity, object and response. This article briefly describes the first two levels and goes into more depth with regard to brand response. From the theoretical point of view, the authors' approach inverts the survey method used to ascertain positioning, image and value of the brand. Firstly, brand response is associations occurring in the minds of the reporting agent. Associations create awareness, and not the other way round, which is the concept underlying the current theory of brand equity. From the point of view of practice, it is the authors' belief that the main contribution made by the triadic semiotic model applied to brand response is that of the importance of “firstness”, i.e. the most immediate response possible. It is with a concern for ease of application that this article hopes to contribute by making brand analysis and assessment more intelligible. This article should be seen as an exploration into the possibility of simplifying the analysis of brand response. Its originality lies in the effort to return to the very reason for the existence of branding. The authors are convinced that by choosing differentiation as the guiding principle of their approach they have valorised what is essential, which is sometimes lost in more complex modelling.     

Epistemological practice and the social sciences

The object of this article is to examine the proposals for a new sociology of education set out in the work of M. F. D. Young. In particular it examines his discussion of 'knowledge', 'radicalism' and 'politics' and demonstrates that his project for a sociology of the politics of educational knowledge based on the 'phenomenological' sociology of Alfred Schutz is unsuccessful. It is argued that the 'radical' attack on the political character of contemporary education cannot be sustained. It is demonstrated that the concepts in the work of Freire, Illich, Schutz and others to which Young refers do not provide the guidelines for any theoretical advance in the sociology of education, and further, that this 'new' sociology can provide no rigorous theoretical basis for education policy formulation.     

The Dutch Homo-Emancipation Policy and its Silencing Effects on Queer Muslims

The recent Dutch homo-emancipation policy has identified religious communities, particularly within migrant populations, as a core target group in which to make homosexuality more ‘speakable’. In this article we examine the paradoxical silencing tendencies of this ‘speaking out’ policy on queer Muslim organisations in the Netherlands. We undertake this analysis as the Dutch government is perhaps unique in developing an explicit ‘homo-emancipation’ policy and is often looked to as the model for sexuality politics and legal redress in relation to inequalities on the basis of sexual orientation. We highlight how the ‘speakability’ imperative in the Dutch homo-emancipation policy reproduces a paradigmatic, ‘homonormative’ model of an ‘out’ and ‘visible’ queer sexuality that has also come to be embedded in an anti-immigrant and specifically anti-Muslim discourse in the Netherlands. Drawing on the concept of habitus, particularly in the work of Gloria Wekker, we suggest that rather than relying on a ‘speakability’ policy model, queer Muslim sexualities need to be understood in a more nuanced and intersecting way that attends to their lived realities.     

Age estimation by measurements of developing teeth: accuracy of Cameriere's method on a Brazilian sample

Developing teeth are commonly the criteria used for age estimation in children and young adults. The method developed by Cameriere et al. (Int J Legal Med 2006;120:49-52) is based on measures of teeth with open apex, and application of a formula, to estimate chronological age of children. The present study evaluated a sample of panoramic radiographs from Brazilian children from 5 to 15 years of age, to evaluate the accuracy of the method proposed by Cameriere et al. The results has proven the system reliable for age estimation, with a median residual error of -0.014 years between chronological and estimated ages (p = 0.603). There was a slight tendency to overestimate the ages of 5-10 years and underestimate the ages of 11-15 years.