Digital technology uses for sustainable management of natural resources in multicultural contexts

This article questions the notion that the use of digital technologies guarantees better policy development for the sustainable management of natural resources, particularly in multicultural contexts. It is argued that input of digital technologies could positively or negatively affect the geopolitical projects and development strategies pursued by indigenous peoples.     

What determines poverty transition? An investigation of women livestock farmers in Bangladesh

This article evaluates poverty transition using self-assessment in a quasi-experimental framework. Data are drawn from a survey conducted in 2006 of 400 women who were the beneficiaries of a poverty-alleviation programme which involved longer-term interventions towards building the strength of government departments, participating organisations, and beneficiaries. During the survey, when the project was approaching its conclusion, about 50 per cent of these farmers were still in the programme. The article addresses a number of key questions related to pathways out of poverty through livestock-based activities, heterogeneity in livelihood choice and its impact on household welfare, and wider applications.     

论司法鉴定人员职业规则

如何理顺司法鉴定中各个主体的关系,如何规范司法鉴定活动,使司法鉴定活动可以发挥其制度设计中本应具备的职能,是司法鉴定制度进一步完善的重点。在可供选择的多种方式之中,司法鉴定人员职业规则是必不可缺的一环。自从2005年司法鉴定体制改革以来,针对司法鉴定人员职业规则的研究和制定规则的实践均刚刚起步,急需进行系统而具体的探索...     

试论行政问责制的伦理价值

行政问责制是民主政治的重要组成部分,其本身就是一个伦理课题,有着深厚的伦理价值：内含主权在民和平等正义的价值理念,内含对公共利益的追求,能克服经济人＂搭便车＂或机会主义行为,强调行政权力与行政责任的一致性,是政府实现行政责任的一种自律。     

(Non‐)Enforcement of Directors’ Duties in Corporate Groups: Goh Chan Peng v Beyonics Technology Ltd

Corporate groups, a ubiquitous feature of modern business, pose formidable challenges for common law courts relying on traditional corporate law doctrine. Arising out of a corporate group's recent bid to recover millions of dollars in lost profits from a former director and CEO who had diverted a core business, Goh Chan Peng v Beyonics Technology Ltd raised thorny issues of separate legal entity doctrine, single economic unit theory, and reflective loss shared by common law legal systems. Despite finding that the defendant had breached his duties to the ultimate holding company, the Singapore Court of Appeal absolved the faithless director from most of his liabilities, relying on limited domestic precedent to the exclusion of a rich body of Commonwealth jurisprudence – including the House of Lords’ landmark Johnson v Gore Wood decision. This note explores the paths not taken by the court, and highlights the pitfalls of a narrow, autochthonous approach to problems of common law doctrine.     

Law enforcement access to personal data originally collected by private parties: Missing data subjects' safeguards in directive 2016/680?

Access by law enforcement authorities to personal data initially collected by private parties for commercial or operational purposes is very common, as shown by the transparency reports of new technology companies on law enforcement requests. From a data protection perspective, the scenario of law enforcement access is not necessarily well taken into account. The adoption of the new data protection framework offers the opportunity to assess whether the new ‘police’ Directive, which regulates the processing of personal data for law enforcement purposes, offers sufficient safeguards to individuals. To make this assessment, provisions contained in Directive 2016/680 are tested against the standards established by the ECJ in Digital Rights Ireland and Tele2 Sverige on the retention of data and their further access and use by police authorities. The analysis reveals that Directive 2016/680 does not contain the safeguards identified in the case law. The paper further assesses the role and efficiency of the principle of purpose limitation as a safeguard against repurposing in a law enforcement context. Last, solutions to overcome the shortcomings of Directive 2016/680 are examined in conclusion.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills 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 complement 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.     

Science and Technology and the President's Crime Commission

The U.S. President's Commission on Law Enforcement and Administration of Justice added a Task Force on Science and Technology as somewhat of an afterthought because there had then been very little interaction between science and technology and the criminal justice system (CJS). The task force focused on the CJS as a whole and interactions among its parts, with an important emphasis on analysis of the operating systems and on the important potential role of information systems as the technology advanced. The potential applications of contemporary information and electronic technologies is considerable, especially for assessing risk and needs of identified offenders and for providing relevant information wherever needed. There is urgent need for scientific evaluation of many of the positive and negative aspects of the operation of the CJS and of the potential for new technologies.     

Book Review: How Mediation Works: Theory,Research, and Practice by Stephen B. Goldberg,Jeanne M. Brett,Beatrice Blohorn‐Brenneur,With Nancy H. Rogers

This is a book review of How Mediation Works: Theory, Research, and Practice by Stephen B. Goldberg, Jeanne M. Brett, Beatrice Blohorn‐Brenneur, with Nancy H. Rogers. How Mediation Works is intended for a wide range of audiences: practicing mediators; aspiring mediators; those who may refer cases to mediation; participants in mediation, including parties and attorneys; managers who facilitate disputes; and those interested in mediation without a specific plan to engage in the practice (who the authors call “mediation learners”). The book is a well‐written, thoughtful, easy‐to‐read, organized, and concise overview of mediation practice. The book is divided into six chapters: (1) conflicts, disputes, and their resolution; (2) dispute resolution processes; (3) the roles of the mediator and the disputing parties at each step of the mediation process; (4) dealing with difficulties; (5) mediation and the law; and (6) suggestions for aspiring mediators. Though not an authority for family law mediation, the book provides many insightful observations and suggestions that would be instructive and helpful to any mediator or individual with an interest in mediation.     

Creating Public Sector Pedestals and Examining Falls from Grace: Examining ICMA Ethical Sanctions

The International City and County Management Association, (ICMA), ensures that members who engage in misconduct are identified and sanctioned. Dozens of public sanctions have been issued over the past 20 years, and this paper considers the substance of these penalties. The article identifies the processes used to ensure compliance with its code of ethics. We report the types of ethical violations ICMA has discovered through these processes. A more systematic way of recording what is occurring is necessary if strategies are to be devised to help current and upcoming public administrators avoid similar violations. Finally, we ask public administrators who have been sanctioned by ICMA to explain how and why the ethics violations occurred and the impact of the public censure on their personal lives and careers.