Civil Liberties and the Korean War

This article addresses the unsuccessful attempts to suppress free speech during the Korean War, and in particular explains the attempts to silence three reporters of alleged atrocities by United Nations forces. In the absence of carefully targeted legislation, the three individuals – Alan Winnington (a journalist), Monica Felton (a women's movement activist) and Jack Gaster (a solicitor) ‐ were threatened with or investigated for prosecution for treason or sedition, and Winnington was unable to renew his passport until 1968. Drawing heavily on archival sources (including MI5 files, which unusually fail to redact the identity of one of the lawyers who was reporting to Special Branch about Gaster's activities), the article explores the threat to civil liberties from the administrative as well as the legislative and the judicial power of the state. The article concludes by drawing contemporary parallels, and highlighting the continuing relevance of the writings of Winnington, Felton and Gaster.     

The Cybercrime Convention Committee's 2017 Guidance Note on Production Orders: Unilateralist transborder access to electronic evidence promoted via soft law

This article provides a critical analysis of the Council of Europe Cybercrime Convention Committee's Guidance Note of Production Orders, published on 1 March 2017. The article looks at the legal controversies surrounding production orders with a cross-border element. It explains the Guidance Note's background and origins, the basic provisions in the Cybercrime Convention allowing the law enforcement authorities to order and obtain certain information and discusses the requirements that follow from the relevant provisions of the Convention. This analysis is complemented by four critical remarks on the way the Guidance Note pushes the boundaries of acceptable treaty interpretation on the necessity of the Guidance Note, its position in regard to extraterritorial enforcement jurisdiction and sovereignty, its reticence towards fundamental rights and its refusal to define or clarify the important notion of “subscriber information”. The article argues that unilateralism is not a solution. Instead of soft law plumbing, what is needed is an agreement between sovereign states checked by their constituencies.     

Reliability and validity of cross-national homicide data: a comparison of UN and WHO data

Data reliability and validity are methodological concerns in cross-national analyses of crime, but there is little agreement on which source of data provides the most reliable estimates. Moreover, few studies have examined the potential threat to validity posed by unclassified deaths. The current study aims to (1) assess the reliability of cross-national homicide data from the United Nations (UN) and the World Health Organization (WHO); and (2) investigate the impact of unclassified deaths on the validity of WHO data. Findings indicate that UN and WHO homicide rates (n=56) differ in magnitude, but produce similar outcomes. The UN data produce more robust results and statistical models with less error. The WHO data are more stable and reliable over time, and better suited for longitudinal analyses. Analyses drawing on WHO data should not disregard unclassified deaths because their inclusion provides a more accurate estimate of the true number of homicides.     

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.     

Developing Bureaucracies for Environmental Governance: State Authority and World Bank Conditionality in Laos

This paper considers the on-going production of bureaucracies for environmental governance in developing countries and the ways in which donor engagement is reshaped through localised bureaucratic dynamics. In Laos, World Bank conditions associated with the Nam Theun 2 hydropower project saw the establishment of the Watershed Management and Protection Authority (WMPA). I examine internal dynamics at the WMPA headquarters in Nakai District, including formal institutions for forest management, informal institutions for recognising local authority and wealth redistribution and the personal aspirations of WMPA officials. In doing so, this piece contributes to current discussions about donor-driven institutional change, practices of state-making and the local “technocrats” who are personally confronted by the complex intersections of donor conditionality and state authority.     

Informed powerlessness: child marriage interventions and Third World girlhood discourses

Child marriage has gained increased international prominence over the past decades. Organisations working with the issue have promoted empowering girls as the best strategy to address it. Informed by postcolonial feminist theory, this article will locate these discourses in broader ‘turn to the girl’ and ‘turn to agency’ in international development, analysing how Third World girlhood, agency, resistance and voice are conceptualised. Girls are constructed as threatened by their families and communities, with agency exercised through resistance and materialised by their voice. I argue that this ignores the complexity of decision-making processes and broader structural factors related to child marriage, so that interventions providing ‘empowerment-as-information’ for girls to be agents of change instead leave them in a state of informed powerlessness.     

COOPERATIVES FOR THE PERFORMING ARTS: A PROSPECTUS

The author describes research that addresses the problem of organizational change associated with the use of new information and communication technologies. The author focuses on the change processes associated with the use of the World Wide Web by cultural heritage organizations: archives, galleries, libraries, and museums. This research note outlines the research problem and the theoretical perspectives and research methodologies to be used in the research.     

Context and Continuity: Philistines,Pharisees and Art in English Culture

Cultural identity is an important facet of globalization, and cultural policy involves an international network of policymakers at the subnational, national, and supranational levels. It is often unclear what cultural identity means and who effects policy change, especially in a fast-changing world. The author examines one of the most important cultural policy conflicts of the last two decades to suggest that the intersections among multiple policymakers led to considerable learning through interaction and clear articulation of policy preferences. The author examines the culture war between the European Union (EU) and the United States over trade in cultural products.¹ The conflict played out in international organizations and allowed the EU to come together to articulate a somewhat coherent cultural identity policy, while the United States realized the difficulty of sustaining cultural exports in the context of provocative cultural identity frames.     

The Second Wave of Indian Investments Abroad

This article makes an assessment of the recent international expansion of Indian companies by contrasting it to the earlier – much more modest – wave of investments abroad. It also traces the evolution of the Indian government's policy towards outwards investments and makes the claim that an important reason for the rise of investments abroad is the gradual relaxation of the Indian government's restrictions on capital outflow after the economic reforms of the 1990s. The new Indian investments abroad are characterised by being dispersed over a very large number of countries and economic sectors and – most remarkable – Indian companies are now also targeting the markets in Europe and the USA through acquisitions of local companies. At the same time, Indian companies have continued to expand their presence in other developing countries, where their activities may contribute to both economic progress and a reduction of economic dependence on relations with developed countries.     

Reconstruction and reparations: Lessons from China and the Pan-African world

Abstract

This article addresses the role of the university and institutions of higher learning in carrying out the mandate of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South Africa in 2001. The active contribution of the university is anticipated in Article 98 of the Programme of Action published in the Report of the World Conference (2001), which clearly states:

We emphasize the importance and necessity of teaching about the facts and truth of the history of humankind from antiquity to the recent past, as well as of teaching about the facts and truth of the history, causes, nature and consequences of racism, racial discrimination, xenophobia and related intolerance, with a view to achieving a comprehensive and objective cognizance of the tragedies of the past.