Conflict of laws and the cloud

Cloud technology offers wonderful potential for users in terms of convenience, ease of obtaining updates etc. However, it presents significant legal challenges. Our laws, largely based on notions of territoriality, struggle to respond to technology in which lines on maps are largely irrelevant. In this article, I articulate some of the specific challenges. The law of contract, tort and national regulation might all apply to a claim of breach of privacy in relation to material uploaded to the cloud. Unfortunately, each of the jurisdictions studied would approach the issues in different ways, potentially creating significant confusion. The article proposes a need for international co-operation and agreement on these matters.     

Partners in clime: Public‐private partnerships and British Columbia's capacity to pursue climate policy objectives

Governments are increasingly using public‐private partnerships (P3s) to draw the private sector into more active participation in infrastructure development. Climate action initiatives have not typically yielded profitable results for the private sector, and might therefore constrain the placing of conditions by governments on P3 arrangements. This article investigates a major P3 infrastructure project in British Columbia – the Canada Line extension to Vancouver's urban rail transit network – and concludes that the P3 organization did not constrain the government's capacity to pursue policy objectives for climate action. This counterintuitive result occurred because public sector leadership enabled an effective engagement with environmental policy priorities.     

Cycles of Jihadist Movements and the Role of Irrationality

The article argues that Islamist terror is driven by irrational forces; it analyzes jihadist values and doctrines that animate Islamic revolutionaries; it then contends that jihadist movements go through a cycle of mobilization, extremism, implosion and recreation. Finally, it assesses the prospects for jihadist revitalization, extremism, and decline in Syria and the Sahel. Examples from the Iraqi and Algerian jihadist campaigns are used for illustrative purposes throughout.     

The discourses of production (part I) ∗ : law,industrial relations and the theory of ideology

This part develops the author's previous effort to produce a Marxist theorisation of the role of legal discourse in democratic capitalist societies that properly acknowledges its ‘relative autonomy’. The paper proceeds by way of a critique of earlier efforts to theorise the non-economic dimensions of productions. It ends with an attempt to theorise the discursive dimension of production so that the effects of the law in the production process may be investigated in a way that overcomes the ‘incommensurability problem’ that otherwise seems to vitiate efforts to provide analyses that work at both the macro and micro levels.     

Afghanistan from 2012-2014: Is A Successful Transition Possible?

The issue is not whether a successful transition in Afghanistan is possible,it is rather whether some form of meaningful transition is probable-a very different thing.The answer is a modest form of strategic success is still possible,but that it is too soon to know whether it is probable.The Afghan government,the U.S.and its allies,and aid donors have not made enough collective progress to assign a clear level of probability.Equally important,it is too soon to know what level of forces they will maintain in Afghanistan through the end of 2014 and beyond,what levels of military and civil aid they will provide,and what level of success Afghanistan can achieve moving forward.     

Books in review

He is the author of Importing Foreign Workers: A Comparison of German and American Policy.     

The nuclear weapons issue in the 1983 British general election

Abstract. In common with many other Western European countries, the issue of nuclear weapons rose to political prominence in Britain in the course of the 1980s. However, whereas the issue was often taken up by newly formed environmentalist parties elsewhere, it differentiated the traditional parties one from the other in Britain. This was made possible by the Labour party's manifesto commitment to unilateral nuclear disarmament. This article details the views of the British electorate on the nuclear issue and assesses its importance for individual voting patterns in the 1983 general election. The electorate shows itself able to distinguish between, and hold opposing views on, nuclear weapons in principle and control over them in practice. Its general support for them, however, means that Labour's perceived hostility to them cost it a considerable number of votes in net terms. These losses could have been mitigated, perhaps even turned into gains, had the party emphasised the security problems stemming from Britain's lack of control over American nuclear weapons on its soil.