The Rule of Law in Today’s Africa∗

This article is based on the recent decision of the Supreme Court of Nigeria in a case involving illness resulting from the consumption of a bottled drink which contained a dead cockroach. The main issues considered were manufacturers' duty of care; the liability of a retailer in negligence; burden of proof; and causation. Evidence showed that the drink manufactured by the second respondent was sold by the first respondent to the appellant in the same condition in which it left the second respondent. The Court held that in the circumstances of the case, only the second respondent was liable to the appellant.     

Traffick jam: a policy review of the United States’ Trafficking Victims Protection Act of 2000

The United States enacted the Trafficking Victims Protection Act (TVPA) of 2000 to combat organized networks specializing in the illicit transport of human beings across political and geographical boundaries. This response has engendered conflicting definitions and competing agendas attributable to the definition set forth by the TVPA, which divides the crime into ‘sex’ verses ‘labor’ trafficking. The European Union (EU) adopted a different and detailed definition introduced by the United Nations. This paper explores the disparity in anti-trafficking policies of the United States and the EU. By contrasting these efforts, recommendations to strengthen U.S. policy by adapting certain EU practices to an American context are suggested.     

Rethinking Leadership for the Public Sector

Leadership and management are best thought of as a matter of competencies. Or are they? The paper challenges the current orthodoxy in Australia on this question, and suggests that leadership and management need to be regarded as reflecting opposing values. The paper also distinguishes between charismatic and collective forms of leadership, and proposes the latter as likely to be of greater value in a public sector context. A challenge for public sector organisations is how to strike and maintain a suitable balance between management for ongoing operations and leadership for deep–reaching change. Strategies for developing collective leadership capability are suggested.     

Plan and counterplan: Notes on moving beyond the crisis in planning theory

Conclusions In developing a working class perspective of planning theory, I have suggested that neither bourgeois nor Marxist planning theories can incorporate the dissensus tactics that are at the heart of working-class movements. Neither can they deal with the class nature of planning nor the class composition of planners. As the current social, political and economic crisis was forced on capital by the struggles (plans) of the working class, it follows that working-class counter-plans should deepen the crisis so that benefits will accrue to our side. The development of our successful counter-plans will throw their planning theory deeper into crisis. Ultimately, crisis resolution must be on the terms of the (ex-)working class.     

‘Kat Mai Ploi’ – bite and don't let go: motherhood and pursuits of justice in Thailand

This article examines the long-term struggles of two Thai mothers to define and attain their visions of justice: one to recover land flooded by a state dam project and the other to defy a municipal order to demolish her house for a vehicle turn-around. In particular, it studies how tropes and institutions of motherhood and human rights articulate with, and provide social and political resources to one another as these two women fight to lay claim to traditions of rights specific to Thai society.     

EU DEVELOPMENTS IN IP, IT AND TELECOMMUNICATIONS LAW

This is the latest edition of Baker & McKenzie’s column on recent developments in EC law relating to IP, IT and Telecommunications. This article is updated for each edition of this Journal to reflect those developments on a European level which are considered important for practitioners, students and academics in a wide range of information technology, E-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. For clarity, developments are not always kept on the table once finalized, readers should revert to earlier issues/academic texts for legislation which is more than six months old. This is a reference guide, and links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.