Reviews and Commentary

Managing the secret war in Laos

Timothy N. Castle: At War in the Shadow of Vietnam, U.S. Military Aid to the Royal Lao Government, 1955–1975. Columbia University Press, New York, 1993,257 p., $15.00 p.b.

The angry intriguer with a marble pulse

Albert Glotzer

Lars T. Lih, Oleg V. Naumov, and Oleg V. Khlevniuk, eds.: Stalin's Letters to Molotov, 1925–1936

Yale University Press, New Haven, 1995, 276 p., $25.00.

The NKVD in Spain

Herbert Romerstein: Heroic Victims: Stalin's Foreign Legion in the Spanish Civil War The Council for the Defense of Freedom, Washington, DC, 1994, 127 p., $7.95 (paper).     

Going privately: partnership and outsourcing in UK public services

Public private partnerships provide an important illustration of the way the traditional role of government as employer and service provider is being transformed. While policy–makers argue that the growing role of the private sector is not driven by ideological thinking – that, in fact, both public and private sector organizations can benefit from working together in partnership relations – in practice it is the norms and rules of private sector management that underpin reforms. This paper assesses evidence from two detailed case studies of partnerships and demonstrates, first, that there is little evidence of mutual gains from partnership arrangements and, second, that because of an imbalance of power between public and private sector partners, any gains achieved are not distributed equitably. These results suggest that current reforms need to be refocused around building on the distinctive qualities of services provision in the public sector, rather than expanding the private sector world of markets and contracts.     

Licences in OHIM practice

Legal context: Despite the commercial importance of licences, the Regulation40/94 contains relatively few provisions on licences. As faras these refer to licences granted to CTMs or their recordalat OHIM, they are beyond the scope of the article, which dealswith the case law emanating from OHIM in inter partes proceedings,where licences have played a role. Key points: This article considers the legal requirements licensees mustmeet when filing opposition and cancellation proceedings beforeOHIM. It reviews when use under licence is regarded as genuineuse, or valid for the purpose of establishing acquired distinctivenessor reputation. It also deals with OHIM decisions regarding licenseesfiling the licensors' trade marks in their own names. Practical significance: With respect to the standing of licensees as opponents or applicantsfor invalidity, this article explains the procedural requirements,mentioning also points to be considered when drafting trademark licences. The article also explains to what extent a licenceneed be proven where the opponent or cancellation applicanthas not used the earlier mark himself but wishes to rely onuse made by someone else. On the issue of a licensee filingthe licensed mark in his own name, the article gives an introductionto the criteria applied by OHIM and deals with his fiduciaryposition, resulting in a greater likelihood of his having actedin bad faith.     

The EU and the Peacebuilding Commission

What can the world hope for from the Peacebuilding Commission, given the record of the United Nations in this area? And what contribution can the European Union (EU) offer, given its own record in engaging with countries emerging from violent conflict? The essential task in peacebuilding is to restore a war-torn society's capacity to manage its own conflicts. The priority for the Peacebuilding Commission should be to develop international support and legitimacy for this task, avoiding muddying it with the foreign policy objectives of donor states. The EU has much to offer and much to gain from establishing this growing area of global governance on sound principles and internationally accepted lines. The paper argues that the EU can and should play a leading part in developing the Peacebuilding Commission. It reflects on principles that could be applied and practices that should be avoided.