Baker & McKenzie's regular article tracking developments in EU law relating to IP, IT and telecommunications

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that 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. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Public Sector Governance — Future Issues for Australia

Governments in many countries today find themselves in unchartered waters as they attempt to redefine their role, including how they relate to the business and community sectors and to citizens more broadly. There is currently a serious questioning of what are the appropriate structures, institutions, processes and organisational relationships required in an environment placing much more emphasis on collaboration with partners within the public sector and also outside it. Globalisation and the increased importance placed on competition, increased use and variety of information technologies and changes in values and political beliefs have contributed to this new environment (for example, see Davis and Keating 2000; Edwards 2001). Alongside this, and particularly noticeable in Australia, is a public sector facing uncertainties as it attempts to adopt private sector governance practices in the belief that this will lead to greater efficiency in achieving outcomes.     

Are there “women’s crops”? A new tool for gender and agriculture

A “Gender Control Tool” was developed to measure women’s control over decision-making for agricultural production, sales, and use of income. The tool was tested for groundnuts in Eastern Province, Zambia, where mechanisation has increased male participation in groundnut shelling, and for goats in Gwanda district, Zimbabwe, where the introduction of auctions has increased investment and sales. A mixed methods approach was used, that involved focus group discussions (FGDs) and a quantitative household survey. This article compares the results obtained from these two methods and discusses the strengths and weaknesses of the tool in understanding how commercialisation affects women’s control.     

How the News was Made: The Anti-Social Behaviour Day Count, Newsmaking Criminology and the Construction of Anti-Social Behaviour

‘Newsmaking criminology’ is an approach to criminological research characterised by critical engagement with topics being covered by the news media, offering greater engagement with public debate and reflexive critique of the objects of criminological knowledge. Two examples of Brisith criminological researchers taking an identifiable ‘newsmaking’ approach are discussed in this paper: the Anti-Social Behaviour One Day Count, a 24-h comprehensive survey of reports of anti-social behaviour carried out in 2003, and the 24-h Domestic Violence Audit, carried out in 2000. This paper analyses the construction of knowledge of anti-social behaviour through the Day Count, identifying continuities and discontinuities between the Day Count and the Domestic Violence Audit. This leads to a discussion of the strengths and limitations of the ‘newsmaking’ approach, suggesting that it may serve conservative as well as progressive ends.     

Averting Environmental Justice Claims? The Role of Environmental Management Systems

Today, more regulatory provisions are in place for protecting low‐income minority populations who shoulder a disproportionate amount of environmental risk. Recognized as communities of “environmental justice,” industrial facilities located within these areas bear greater legal liabilities for and societal scrutiny of their environmental impacts. The authors offer compelling evidence that, in an effort to avoid regulatory and societal claims that they are disproportionately harming minority and ethnic populations, businesses operating inside environmental justice communities tend to adopt an environmental management system (EMS). The article probes whether industries actually improve the environment as a consequence of EMS adoption or whether such systems are simply used to avoid greater governmental scrutiny without necessarily reducing overall environmental risks.     

Causes of bewilderment: Necessity,sufficiency and facilitating conditions for democratization

Explanations of democratization are often criticized using criteria that cannot feasibly be satisfied. One possible result of this is that all explanations are made to appear woefully inadequate. Another is the misapplication of the criteria to deliver prejudiced judgement on rival accounts. The problems attached to such criteria are outlined. Replacement strategies adopted by different approaches are identified and assessed, stressing the constructive role that values and interests may play in the appraisal of competing explanations.     

Testing the Discourse of Declining Policy Capacity: Rail Policy and the Department of Transport

It has been observed that countries that implemented new public management (NPM) reforms are currently witnessing growing complaints about a decline in the policy capacity of their public services. Australia is a part of this trend with public sector leaders increasingly voicing concern about policy capacity decline within the Australian Public Service (APS). This article sets out to examine whether there is an empirical basis for this discourse and to assess allegations that NPM reforms have contributed to any related shifts. It draws on rail policy and the Department of Transport as its case study. It finds that the reforms transformed role of the department in a way that enhanced strategic policy capacity. However, the reforms also introduced a number of structural impediments that make it difficult for the new role to be effectively executed .     

The Eurafrique Initiative,Ernest Bevin and Anglo–French Relations in the Foreign Office, 1945–1950

This analysis examines the prevalence of Eurafrican thinking in the British Foreign Office throughout the late 1940s. Drawing on British and French diplomatic archives, it reveals the centricity of the Foreign Office, and British Embassy at Paris to a project largely confined to the mental map of the Foreign Secretary, Ernest Bevin. The financial stains facing Britain, often misinterpreted as “decline”, seemed a temporary phenomenon that “multilateral European cooperation” could rectify. Although shelved in 1949–1950, the Eurafrique initiative has seen few historians analyse its strategies across the corridors of power. This analysis reappraises British desires for Western European “co-operation” and a renewed faith in the Entente Cordiale as a geo-political counterweight to growing East–West bipolarity. Discussions of strategies to pool African possessions to recover the European economy were short-lived. Yet they challenged prospects of long-term economic dependence upon the United States in favour of an Anglo–French led European bloc.     

Room 40 and German intrigues in Morocco: re-assessing the operational impact of diplomatic cryptanalysis during World War I

During World War I, Germany sought to provoke numerous insurrections throughout the British and French Empires. Examining the influence of signals intelligence within one of these colonial settings provides an opportunity to measure the operational importance of wartime cryptanalysis. Through a careful analysis of the original intercepts, this article reconstructs the responses of Room 40, the Admiralty’s cryptology department, to Germany’s Moroccan intrigues and highlights the development of intelligence practices. It argues that strategies to deploy diplomatic intelligence emerged gradually, but that Germany’s enduring support for Moroccan dissidents suggests diplomatic cryptanalysis only secured modest results within an operational context.