改革开放30年矿业法治的进程及其思考

改革开放30年来，我国矿业法治进程经历了恢复、建立、创新和完善阶段。反思这一进程，虽然我国矿业法治的制度创新推动了矿业生产的发展，但与其他行业以及矿业发达国家相比，我国矿业法治还存在着法律、理论体系不完善等问题，为此，我们要重构矿业理论体系，制定独立的矿业管理法，确立矿业基本原则，从而建立和完善现代矿业制度。     

Waging Lawfare: Law,Environment and Depoliticization in Neoliberal Australia

ABSTRACT

When environmental NGOs in Australia successfully sued the nation’s environment minister in August 2015 to temporarily withhold environmental approval for Australia’s largest coal mine, the ruling Coalition government accused environmentalists of waging “lawfare.” Through a critical discourse analysis of Parliamentary debate and media coverage, this article explores the lawfare battles fought in Australia in 2015, arguing that these were a site of depoliticization, in Mouffe’s (2005, Mouffe, Chantal. 2005. On the Political. Abingdon: Routledge) sense of the term. By exploring how the question of legal regulation of coal mining was rationalized, moralized, and stripped of significant political or ideological differences, this seeks to add to our understanding of processes of depoliticization by considering metadiscourses concerning “the law.”     

Mining strategies in the Middle East and North Africa

This article provides a mapping exercise of the economic importance of non-hydrocarbon minerals (nhm) in the Middle East and North Africa (mena) and shows how governments in the region increasingly perceive them as strategic resources. The focus is on Saudi Arabia and other Gulf countries, Turkey, Morocco and Iran. nhm like iron ore, phosphates, aluminium and uranium are important for development models in the region, either as export commodities or as vital input factors. Since the 1990s, and as elsewhere in the world, the sector has witnessed privatisation and the promulgation of new mining codes. Yet governments have retained core capabilities and manage most key commodities themselves either directly or indirectly. Mining projects have met with opposition from labour representatives. They also have considerable environmental impact. The article discusses rentier state and resource curse theories, but argues that nhm have also increased development options and have contributed to economic diversification rather than being just a curse.     

European national news

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith 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 compliment 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.     

A comparison of proposed legislative data privacy protections in the United States

The use of online consumer tracking methods has raised significant privacy concerns for consumers and policymakers for decades. Advertisers using these methods analyze web-viewing habits to predict consumer preferences and actions. The advertising industry in the United States has promoted self-regulatory principles to respond to these concerns. However, in December 2010, the U.S. Federal Trade Commission reported that these efforts “have been too slow and up to now have failed to provide adequate and meaningful protection.” President Barack Obama's administration has supported broader legislation for comprehensive protection of individuals' private data. The leading model for data privacy protection is the 1980 Organization for Economic Cooperation and Development (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. This article examines two leading legislative privacy proposals in the context of the OECD principles. This examination concludes that, although the proposals do not provide sufficient comprehensive privacy protections, they do fill significant gaps in current U.S. privacy laws.     

‘Modernising’ data protection Convention 108: A safe basis for a global privacy treaty?

Proposals for the reform or ‘modernisation’ of Council of Europe Data Protection Convention 108 have now been forwarded from the Convention's Consultative Committee for consideration by the Council of Ministers. This article assesses the changes proposed, which strengthen the obligations of Parties to implement the Convention as a matter of effective practice, not just as a law on paper. It tightens most of the existing data protection principles, and adds new ones which better align the Convention with the EU Directive (and proposed Regulation). The Convention Committee will have explicit new functions including assessing candidates for accession, and periodically reviewing implementation by existing parties. However, the proposals concerning the required standard for data export limitations are in some respects ill-defined and dangerous for data subjects. The existing standard that personal data can only be exported if the recipient provides ‘adequate’ protection has been abandoned for an undefined requirement of ‘appropriate’ protection. The article situates the risk of abandoning meaningful data export restrictions in the context of the USA's push for ‘interoperability’ of very different data protection standards.     

Data fragment forensics for embedded DVR systems

A recent increase in the prevalence of embedded systems has led them to become a primary target of digital forensic investigations. Embedded systems with DVR (Digital Video Recorder) capabilities are able to generate multimedia (video/audio) data, and can act as vital pieces of evidence in the field of digital forensics.To counter anti-forensics, it is necessary to derive systematic forensic techniques that can be used on data fragments in unused (unallocated) areas of files or images. Specifically, the techniques should extract meaningful information from various types of data fragments, such as non-sequential fragmentation and missing fragments overwritten by other data.This paper proposes a new digital forensic system for use on video data fragments related to DVRs. We demonstrate in detail special techniques for the classification, reassembly, and extraction of video data fragments, and introduce an integrated framework for data fragment forensics based on techniques described in this paper.     

The future of consumer data protection in the E.U. Re-thinking the “notice and consent” paradigm in the new era of predictive analytics

The new E.U. proposal for a general data protection regulation has been introduced to give an answer to the challenges of the evolving digital environment. In some cases, these expectations could be disappointed, since the proposal is still based on the traditional main pillars of the last generation of data protection laws. In the field of consumer data protection, these pillars are the purpose specification principle, the use limitation principle and the “notice and consent” model. Nevertheless, the complexity of data processing, the power of modern analytics and the “transformative” use of personal information drastically limit the awareness of consumers, their capability to evaluate the various consequences of their choices and to give a free and informed consent.     

Anonymisation of personal data – A missed opportunity for the European Commission

As early as the 1970's, privacy studies recognised that ‘anonymisation’ needed to be approached with caution. This caution has since been vindicated by the increasing sophistication of techniques for reidentification. Yet the courts in the UK have so far only hesitatingly grappled with the issues involved, while European courts have produced no guidance.     

Russian PNR system: Data protection issues and global prospects

The usage of Passenger Name Record (PNR) for security purposes is growing worldwide. At least six countries have PNR systems; over thirty are planning to introduce them. On 1 December 2013, a Russian PNR system will be implemented. But enhanced collection of personal data leads to increased surveillance and privacy concerns. Russian authorities state that passengers' rights will be respected, but a closer look at the Russian regime reveals a number of critical points. From a global perspective, the Russian regime is only one of many PNR systems, including new ones to come in the future. Apparently, for the majority of them, similar challenges and problems will apply. At the same time, for the EU, with its strict data protection requirements, PNR requests by third countries (i.e. non-EU countries) create conflicts of laws. In order to resolve them, the EU concludes bilateral PNR agreements. However, the current deals, especially the one between the EU and the USA, involve a number of weaknesses. Accepting the latter, and having a pending proposal on the EU PNR system, the EU has weakened its position in negotiations with third countries. How will the EU deal with the Russian as well as with all the future requests for PNR? This paper provides legal analysis of the Russian PNR regime, pointing out common problems and giving prognosis on the global situation.