The 2006 Record of the International Court of Justice

This article presents a brief overview of developments relatingto the International Court of Justice during 2006 and reportson certain revisions and additions that were introduced to thePractice Directions and on the latest changes in the Court'scomposition. Finally, a brief outlook is presented on the basisof the status of the Court's docket as on 31 December 2006.     

FORENSIC ECONOMICS IN COMPETITION LAW ENFORCEMENT

This paper delineates the specialty field of forensic industrialorganization (IO) as the application of theoretical and empiricalindustrial organization economics in the legal process of competitionlaw enforcement. Four stages of that process that can benefitfrom forensic IO techniques are distinguished: detection andinvestigation; case development; decision-making and litigation;and remedies, sanctions, and damages. We survey the use of economicsin such aspects as identifying potential forms of anticompetitivebehavior, screening markets for competition law violations,determining causality, advising on appropriate remedies, andassessing antitrust damages. The paper discusses the role ofexpert economic witnesses in competition cases. It calls foran organization of forensic IO within the context of existingforensic institutes.     

The definition of ICT Crime

In the last few years, a lot of attention has been paid to what is usually called ‘ICT Crime’. In this contribution, the term ICT Crime is analysed from both a practical and theoretical legal perspective. It will be argued that it is very difficult if not impossible to define ICT Crime unequivocally. Furthermore, there seems to be insufficient grounds to see ICT criminality as an autonomous legal discipline, as an independent functional discipline or as a specialisation. An important reason for dealing with ICT Crime as if it is a problem area seems to be fear in governmental organisations that new technology could lead to forms of criminality that are outside their reach of control. Furthermore, the application of ICT has led to a reorientation of legal powers with respect to investigation and prosecution. However, these subjects should be dealt with at an international level.     

Normative media theory in the digital media landscape: from media ethics to ethical communication

In this article it is postulated that normative media theory has lost its heuristic value in the new digital media landscape with its ensuing mediatisation of life, society and the world. The reason for this is that normative media theory is based on the principles of media ethics which are mainly concerned with journalism. In the new media landscape the media involves far more than journalism and journalism as the cognitive paradigm for current thinking about media. The media has infiltrated almost every aspect of human communication, it is omnipresent and pervasive. For this reason the principles of ethical communication instead of media ethics are proposed as being more appropriate for normative media theory. This proposition is expanded in the rest of the article with a discussion of “traditional” normative theory as a yardstick for the measurement of ethical media practice and performance against the appropriateness and applicability of “traditional” normative theory in the digital media landscape. Outstanding features of the new media landscape, including the move from mass communication to network communication, and the emphasis on interactivity and interconnectivity contributing to the conversion of the media user into a media producer, are discussed, and presented as a motivation for the proposition to move from media ethics to communication ethics as the epistemological foundation of “new” normative theory.     

Mass media advertisements: Responses to selected advertisements in semi-urban Limpopo

Abstract

This article developed from pilot research in a coursework Master's module in African Languages into combined outcomes of persuasive messages and visual literacy based on semiotics. It tested assertions by various writers about mass media, as applicable to a semi-urban or rural group of (black) South Africans with educational levels ranging from Grade 10 to Honours level. Owing to the fact that interviewees are financially constrained (and therefore cannot always afford television access or the acquisition of magazines), the focus of ‘persuasive messages’ was on billboard advertising in their living and work contexts. It was found that the consumers (respondents to the questionnaire) reacted positively to billboards that supported products on which they have been relying; that once they have been introduced to a product and found it efficient, competitive campaigns do not impinge on their stance; but also that – in this particular semi-urban area – traditional values folklore and usages have to be taken into consideration by advertisers for effective communication.     

Associations between ward climate and patient characteristics in a secure forensic mental health service

Ward climate is associated with patient satisfaction and, potentially, with improved outcomes but increased understanding of its relationship with individual patient characteristics is required. We investigated relationships between patient (N?=?63) gender, perceived risk, risk behaviour, therapeutic engagement (session attendance), psychopathology and ward climate in a forensic psychiatric hospital. Lower security levels were significantly associated with better patient cohesion (PC), experienced safety (ES) and therapeutic hold (TH). Female gender predicted PC and ES. Higher perceived risk was associated with lower PC after controlling for security level and gender. Diagnosis of personality disorder or psychosis was associated with higher ES. Lower levels of engagement predicted greater TH. The relationship between patient characteristics and ward climate in forensic settings is complex. Prospective studies are needed to further establish determinants of ward climate, particularly those aspects of patient risk that are associated with poorer PC.     

Reactions to globalisation by the television industry in post-apartheid South Africa

ABSTRACT

This article discusses the different ways in which the South African television industry has reacted to globalisation forces during the post-apartheid era that started in the early 1990s. Of particular interest is how the local television industry initially planned political and economic reforms aimed at bringing the industry more in line with global trends, but then later reacted mainly to protect the local television production industry against foreign competition and to protect local viewers against perceived cultural imperialism impacts of foreign programs. These protective actions were however not as successful as was intended with regard to promoting local television content production. The paper discusses the underlying dynamics of the globalisation and the various localisation processes that occurred (varying chronologically from primary, to secondary, to tertiary localisation), as well as the ways in which television industries in other parts of the world have reacted to similar global forces. It is contended that the local South African television production industry stands to benefit most in future if broadcasting policy makers respond more pro-actively to opportunities offered by global technological forces operating upon the industry. This is in agreement with the thrust of the latest broadcasting policy process of the Department of Communication. It is concluded that a recent joint initiative by the country's two major broadcasters in which an increased number of both locally produced and other “African” programs are being broadcast via satellite to prospective geo-cultural markets in the rest of Africa, holds promise for the future viability of the South African television industry.     

Political communication and meaning in a climate of cultural contestation: A critical analysis of Zapiro's cartoon of the rape of Justicia

Abstract

Political communication and its relationship to meaning has become a prominent subarea within the subfield of politics and culture. A further development is that in political communication, academic interest has shifted from the production of meaning to the reception of meaning. This emphasis shift requires that future investigations will have to place more emphasis on the receiver of political communication, specifically as regards the reaction to and the interpretation of meaning. Max Weber's conceptual model is used to structure this article and to theoretically define the different cultural environments. The contested Zapiro cartoon of Jacob Zuma is then analysed in relation to political communication within the two contrasting cultural environments. The aim is to demonstrate how different cultural environments in South Africa react differently to the same political communication and its meaning.