Tribal or Indigenous? The Indian Dilemma

Abstract

Current Maoist struggles, resulting from deprivation of livelihood in the Central Indian tribal belt and for autonomy in Northeast India, focus on the rights of tribes who claim to be indigenous In the Northeast the demand is to be considered the ‘original’ inhabitants of the region and, in the rest of India, it is the first inhabitants of India as a whole. Most conflicts today are around identity, central to which is indigenous status and tribal sustenance. Much resource has been alienated for ‘national development’ since independence in 1947. A national failure to recognise the importance of community-based sustenance facilitates its alienation. Intensified alienation, resulting from globalisation, causes more conflicts and greater state suppression. This article discusses the link between development and indigenous status, and implications for human rights.     

Retaining the Quota System in the South Korean Rice Market

On 30 December 2004, the Korean government reached an agreement to postpone tariffs on the rice market until 2014 in exchange for a gradual increase in the minimum market access quota (the access to the Korean market by others based on a percentage of Korea's total consumption of rice). However, economic reasoning shows that if the Korean government had decided to introduce the tariff system instead, the social welfare from the rice market would have increased considerably over the next ten years, even after taking into account the loss in the external value of rice farming. Thus, the 2004 choice of the quota in the rice market by the Korean government was a political decision. This article measures the social welfare in the rice market under the two alternative systems – tariff and quota – for the period 2005–15. It then explores the explanation for the 2004 decision by investigating three key variables: the characteristics of farmers' groups, their interaction with government executives and the legislature, and the trend in public opinion on rice market issues. In light of the organisational weakness of Korean agricultural interest groups, the focus is on farmers' tactics for achieving their goal, i.e. retaining the quota instead of introducing the tariff.     

Taiwan's success and its challenges for the future

A look at Taiwan's success to date and the lessons for developing countries. The article also examines the daunting challenges ahead for Taiwan in a changing global order.     

Irigwe and Rukuba Marriage: A Comparison

According to South Africa's new constitution, access to health care is a fundamental right. Equitable provision of maternal health care is important in redressing past legacies and achieving the Millennium Development Goals. We analyse the utilisation of antenatal care (ANC) services under South Africa's public health system to inform policy concerned with equity of access.

We conceptualise access to care as covering three distinct but interacting dimensions: availability, affordability and acceptability. We explain variations in the number of ANC visits among women giving birth in four selected communities, two urban and two rural.

Results indicate that more-marginalised women were significantly less likely to have the minimum recommended number of ANC visits whereas being older, in a stable or married relationship and more highly educated and having no previous deliveries were positive influences. Further analysis revealed variations between facilities in the determinants of sufficient ANC visits. These results are discussed using insights based on qualitative patient interviews. Our findings show inequalities in utilisation which may indicate remaining inequities in access.     

A global partnership for development and other unfulfilled promises of the millennium project

This article revisits the United Nations Millennium Development Goals (mdgs) set in 2000, timely now because policy makers are currently making plans for the period after 2015. After laying out a critical analysis of the mdgs, the article focuses on Millennium Goal 8, the global partnership for development. The argument made is that the absence of any goal to reset the asymmetrical power relations between the North and the South reveals the limitations of the endeavour. The pharmaceutical industry is discussed in detail because mdg8/Target 6 deals with access to affordable, essential drugs in developing countries. This target seems emblematic of a problem found throughout the millennium project: the unaddressed need for real economic development. Target 6 exemplifies both North–South and public–private conflicts of interest, which are carefully hidden in official documents behind the euphemism of ‘partnership’, as if countries of such unequal power could be partners.     

The Regionalisation of Judicial Review: Constitutional Authority,Access to Justice and Specialisation of Legal Services in Public Law

Since April 2009 judicial reviews may be dealt with at regional centres and in Cardiff. This change significantly relaxed the hitherto highly centralised system of judicial review in England and Wales. The main aims were to improve access to public law redress by enabling cases to be listed and heard at the most appropriate regional location. Despite recognition of the need to improve regional access, fears exist that this reform will threaten the standing and authority of judicial review in this jurisdiction; that it will contribute to a fragmentation of judicial review and, in the regions, reduce the quality of public law adjudication, legal advice and representation. Drawing on an empirical study on the regional use of judicial review, this paper assesses these matters and considers the early effects of regionalisation on access to judicial review and the development of regional markets for legal services in public law.     

It wasn't all white light before Prism: Law enforcement practices in gathering data abroad,and proposals for further transnational access at the Council of Europe

This is a brief comment on a meeting held at the Council of Europe in Strasbourg, which discussed ways of improving transnational access to data by law enforcement through the Cybercrime Convention. In particular, the possible introduction of a new protocol, and a guidance note on art. 32(b), were considered. It is argued that there are serious concerns with both proposals. Moreover, the meeting revealed a surprising lack of knowledge as to current levels of cooperation between law enforcement and foreign service providers.     

Mutual and unilateral cooperation in arms race settings

Accounts of numerous historical and contemporary arms races suggest that cooperation, in the form of a slowdown, freeze, or reduction, is uncommon and difficult to achieve. Analytical and empirical results from the iterated Prisoner's Dilemma game which, it is argued, closely resemble the structure and decision problems facing arms race participants, demonstrate that cooperation is unlikely but possible. In this analysis, the analytical conditions under which cooperation is individually “rational” (in an expected payoff sense) are discussed in detail. Then, the stumbling blocks to cooperation, even when individually rational, are discussed. No absolute solution is offered since none appears to exist. However, institutional, structural and mediating devices which can make cooperation more likely are suggested.     

An Autopsy Case in Which Self‐Bloodletting Via a Cervical Blood Access Led to a Fatal Outcome*

Abstract: A 48‐year‐old woman was found dead on a chair in her living room. She had received dialysis every day because of chronic renal failure for the past 15 years. On a table beside her, there was a mirror and 10‐mL syringe on a napkin. A stopper was out of place in a portion of a three‐way blood access tube established in the right cervical region, and blood coagulation was noted in the lumen. There was a bloodstained measuring cup on the floor. Autopsy findings included a large number of shunt traces in the bilateral infraclavicular fossae and upper limbs, as well as the cervical blood access terminal reaching the right atrium via the internal jugular vein to superior vena cava. Various organs showed anemia. Neither a fatal lesion nor injury was noted in the main organs. Therefore, this patient may have committed suicide by self‐bloodletting via a cervical blood access.