Data protection: The future of privacy

The Art. 29 Working Party (hereinafter “Art. 29 WP”) is an influential body comprised of representatives from the Member State Data Protection Authorities² established under the Data Protection Directive 95/46/EC, has recently issued an opinion with the Working Party on Police and Justice. This is quite significant, since the opinion sets out some of the issues that will need to be addressed in the lead up to the revision of the Data Protection Directive 95/46/EC.³ This comes at a time, when there have been discussions on the current application of the European Data Protection Directive to the internet,⁴ (such as social networking) and the recent European Commission’s consultation on the legal framework for the fundamental right to protection of personal data. Not least, there have been a number of cases brought before the European Court of Justice dealing with the partial implementation of the Data Protection Directive 95/46/EC.⁵The aim of this paper is to consider in detail the issues set out by the Art. 29 WP and the likely challenges in revising the Data Protection Directive 95/46/EC.     

Is Trafficking Slavery? Anti-Slavery International in the Twenty-first Century

Why was Anti-Slavery International (ASI) so effective at changing norms slavery and even mobilizing the support that ended the transatlantic slave trade at the end of the nineteenth century, and why has that success not continued on into subsequent eras? This article claims that ASI's organizational structure is the key to understanding why its accomplishments in earlier eras have yet to be replicated, and why today it struggles to make modern forms of slavery, such as human trafficking, salient political issues. Organizational structure is defined by how an NGO distributes power over agenda-setting (proposal and enforcement power) and its implementation. Those NGOs that centralize agenda-setting and decentralize the implementation of that agenda will be most effective at changing international norms. This paper demonstrates the tractability of that claim with a comparative analysis of ASI past and present to show that changes in organizational structure have led to differences in their effect on international norms, in spite of the fact that slavery in its modern forms persists as a political and social problem.     

Environmental attitudes and concerns of the environmental protection bureaucrats in guangzhou,people's republic of china: Implications for environmental policy implementation

This article analyzes the questions of implementation failure in environmental policy in China. Using empirical data collected in Guangzhou, People's Republic of China, die article documents the environmental attitude of Guangzhou's Environmental Protection bureaucrats. In interpreting the data, the article seeks to assess and evaluate the present state of environmental administration in China. This article provides evidence that although China has made much progress in developing environmental legislation and a regulatory framework, the economic growth and devolution of power unleashed by reforms have also created new environmental stresses and, to some extent, reduced the regulatory capabilities of governments in China.     

Book reviews

Clay G. Westcott (ed.), Key Governance Issues in Cambodia, Lao PDR, Thailand, and Viet Nam (Manila: Asian Development Bank, 2001), 71 pages.

Michael Jacobsen and Ole Bruun (eds.), Human Rights and Asian Values: Contesting National Identities and Cultural Representations in Asia (Surrey, Great Britain: Curzon Press, 2000), 330 pages.

Robert H. Taylor (ed.), Burma: Political Economy Under Military Rules (London: Hurst & Company, 2001).

Satu Kahkonen and Anthony Lanyi (eds.), Institutions, Incentives and Economic Reforms in India (New Delhi: Sage Publications, 2000).

Kyung‐Ae Park and Dalchoong Kim (eds.), Korean Security Dynamics and Transition (New York: Palgrave, 2001), 209 pages.     

Authoritarian Co-optation in the Age of Globalisation: Evidence from Hong Kong

The existing literature on authoritarian survival, implicitly or explicitly, assumes that political challenges faced by authoritarian regimes are all domestic. I argue that globalisation exposes authoritarian regimes to new sources of threat. In particular, capital mobility forces authoritarian regimes to deal with not only those who dare to voice out dissatisfaction, but also those who exit. While repression may be the best strategy to silence the vocal, co-optation would be a more effective tool to retain the runaway. It is, however, often impossible to co-opt all the capital owners. As such, authoritarian regimes have to be selective when choosing co-optation targets. I argue that authoritarian regimes would co-opt renowned firms because these firms yield the greatest demonstration effect. Hong Kong provides an interesting case to illustrate my arguments. Beijing strategically co-opted the stakeholders of renowned firms in Hong Kong in order to solve the city's pervasive confidence crisis prior to 1997. I test my arguments with data on firms listed on the Hong Kong Stock Exchange. I find that firms owned by well-known and prestigious elite families were more likely to build political connections with Beijing. To test the causal linkage more rigorously, I use both the genetic matching and instrumental variable approaches. The empirical results provide strong support to my arguments.     

Spirituality and punitiveness: An exploration of Christian,Buddhist, and non-religious attitudes towards crime

Studies measuring religious views towards crime and punishment have mainly focused on Christianity and its denominations in a western setting. They have also used measures that are exclusive to the Christian faith. Other major religions have largely been ignored. This study attempts to rectify this by exploring the attitudes of Christians, Buddhists and those identifying themselves as non-religious towards crime. The results indicate some apparent contradictory findings as the more spiritual Buddhists are, the more they attribute crime to both individual and environmental causes as well as greater support for both coercive and social intervention measures. When compared to the Buddhists, Christians and the non-religious are more supportive of assistance towards the treatment of offenders in this study.     

Diversion from youth courts in five Asia Pacific jurisdictions: welfare or restorative solutions

Since the 1970s, there has been a trend to move away from punitive and retributive approaches to reintegrative practices. This article provides an account of how young offenders in five Asia Pacific jurisdictions are diverted from being prosecuted in the youth courts and of to where they are diverted. The five cases demonstrate that diversionary measures in the Australasian jurisdictions tend to be more restorative in their practices than are those in Chinese-dominated jurisdictions, which adopt welfare responses. It is concluded that although there is some progress in the areas of decarceration and delegalization, the diversion goals of decategorization and deprofessionalization in Chinese-dominated jurisdictions have yet to be achieved. Such diversionary strategies carry the risk that many more young people committing minor offences may be subject to more intrusive measures and disguised social control in the name of diversion, welfare, or the prevention of future offending.     

Books received 2000–2001

Publications Received

Books received 2000–2001