European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the Journal's feature articles and Briefing Notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Recrganizing fiscal assistance for criminal justice the justice system improvement act of 1979

Although reorganizing the Law Enforcement Assistance Administration had been repeatedly proposed in the past seven years, it was not until January 29,1979 that Senator Edward Kenndy (D-Mass.) introduced the "Justice System Improvement Act" designed to do just that. An examination of this bill, and a comparison of the present LEAA structure and function with that proposed in the Act illustrates that the legislation will serve to improve the effectiveness and efficiency of criminal justice fiscal assistance pro- grams. The suggested course is to separate the research and statistics components from purely assistance functions and giving LEAA the latter responsibility on an exclusive basis. Research and Statistics would be housed in their own individual organizational structures, but within the perview of the Department of Justice.

Two shortcomings, however, could serve to defeat the proposed bill. Although the legislation gives priority to fiscal assistance to state/local jurisdictions, there is no corresponding increase in financial commitment on the part of the Federal Government. In fact, the FY 1980 budget allocates LEAA its lowest funding level since 1972. At a time of growing concern over crime rates, this would certainly serve to soften the impact of the reorganization effort. In addition, maintaining the research function within the,Department of Justice could well prove prejudi- cial to research findings. The recommended course of action is to adopt the proposal which calls for an indepen-dent "National Institute of Justice, to be organized along similar lines as the National Science Foundation.     

Basic Directions of Perestroyka

Three basic directions of the economy's perestroyka (social orientation, uskoreniye of technological readjustment, and restructuring of management in enterprises) are outlined by its leading architect and advisor to General Secretary Gorbachev. The presentation, commencing the first joint Soviet Economy round-table, is followed by questions and comments by American participants relating to sequence, momentum, transition, anticipated consequences and contradictions in the reform. A rejoinder covering such issues as priorities, price formation, adaptation to change, allocation of resources and comparison with the Hungarian and other models, is followed by a concluding exchange of views on competition. Journal of Economic Literature, Classification Numbers: 027, 052, 124.     

Panel on Growth and Technology in Perestroyka

A part of the proceedings of the first joint Soviet Economy roundtable, focused on the pivotal role of modern technology in perestroyka, is presented in the form of questions and answers reflecting a lively debate between distinguished Soviet and American economists. Adaptation to new technologies is analyzed in light of uskoreniye, plan priorities, and a variety of factors influencing economic growth. Also debated are issues relating to enterprises and industries, particularly within the context of contrasts between the civilian and military economies. Specific issues such as the tradeoffs between centralization and autonomy are discussed in some detail. Journal of Economic Literature, Classification Numbers: 052, 124, 621.     

Gorbachev's Economic Strategy: A Preliminary Assessment

Gorbachev's economic strategy for the remainder of this decade is analyzed using the information contained in the Twelfth Five-Year Plan covering the years 1986-1990. The plan calls for an acceleration in the rate of economic growth achieved through a modernization of industry, a restructuring of investment, and increased labor effort on the part of the entire labor force. The economic reforms which accompany the plan are fairly modest. Analysis of the plan shows that it is very ambitious, and probably unachievable, although some improvement in economic performance is not excluded. Journal of Economic Literature, Classification Numbers: 052, 113, 124.     

‘Finishing the Job’: the UN Special Committee on Decolonization and the politics of self-governance

This article examines the modern day role and purpose of the UN Special Committee on Decolonization. Since its establishment in the 1960s the Committee has helped numerable former colonies achieve independence. Today, with very few ‘colonised’ Non-Self-Governing Territories remaining its work appears almost complete. However, serious flaws have always pervaded its decolonisation strategy; which are now more apparent than ever. The Committee retains narrow and outdated understandings of colonialism and, as a result, fails to recognise how widespread and pervasive global colonial forces remain. This makes its goal of universal decolonisation both unsatisfactory and misguided. The Committee’s problematic approach towards decolonisation stems from its participation within the ‘North–South Theatre’, in which antagonism is perpetuated between the world’s developed and less developed states. The paper argues that the Committee has not prioritised colonised peoples in the way it has always claimed, but instead worked principally in the interests of itself and its members.     

Human Rights and Antiterrorism: A Positive Legal Duty to Infringe Freedom From Torture?

In law freedom from torture and ill-treatment is “absolute,” meaning that a state cannot infringe the right for purposes that would seem legitimate such as the protection of national security. However, with the growth in international terrorism, particularly suicide violence, should the freedom remain without limitation? This article considers legitimizing torture by reference to the “positive” legal obligation the right imposes on states to prevent harm to individuals by third parties such as terrorists. Assuming such a legal argument could be made out, it is questioned whether adopting such measures of interrogation would in fact outweigh the negative consequences that would inevitably follow from reversing accepted international standards for the protection of, say, detainees from ill-treatment in state custody.