An approach to minimizing legal and reputational risk in Red Team hacking exercises

Robust cyber-resilience depends on sound technical controls and testing of those controls in combination with rigorous cyber-security policies and practices. Increasingly, corporations and other organizations are seeking to test all of these, using methods more sophisticated than mere network penetration testing or other technical audit operations. More sophisticated organizations are also conducting so-called “Red Team” exercises, in which the organization tasks a small team of highly skilled and trained individuals to try to gain unauthorized access to physical and logical company assets and information. While such operations can have real value, they must be planned and conducted with great care in order to avoid violating the law or creating undue risk and reputational harm to the organization. This article explores these sometimes tricky issues, and offers practical risk-based guidance for organizations contemplating these types of exercises.     

The new progress in Chinese Arbitration Law

The Chinese Arbitration Law of 1995, together with the Civil Procedure Law and other sources of arbitration laws, is served as the legal bases for the Chinese arbitration system. Compared with advanced arbitration systems in the world, there still exist some defects of the Chinese Arbitration Law due to its lack of rich legislative experience and the conservative attitude toward arbitration. However, the Judicial Interpretation by the Supreme Court of China in 1995 makes a progress in Chinese Arbitration Law by strengthening the support to arbitration, but not playing the interventionist role of it.     

The establishment of the South African Development Partnership Agency: Institutional complexities and political exigencies

Since 2007 there has been discussion to formalise, rationalise, coordinate and provide structure to South Africa's development cooperation through the establishment of a centralised South African Development Partnership Agency (SADPA). Progress in rolling out the new institution, however, has been extremely slow, owing to the political and technical complexities of South Africa's institutional environment. This paper elaborates on the rationale and driving forces which have led to the establishment of SADPA and the steps which have been taken to gradually operationalise the new agency and the partnership fund dedicated to providing development support on the continent. As plans move forward, will SADPA be expected to manage all of South Africa's development cooperation — bilateral, multilateral, regional, trilateral — as well as concessional loans, humanitarian aid and development financing, public and private? Clarity of roles and coordination is critical. The paper will examine the different mechanisms for the financing, implementation and oversight that need to be in place to take forward Pretoria's development cooperation, and the challenges of leadership, coordination, accountability and information management that face the new agency.     

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.     

影响我国碳金融发展的原因分析

与西方发达国家较为完善的碳金融发展相比,我国碳金融发展相对比较滞后,造成这种状况的原因主要有：一是对碳金融的认识有待深化;二是碳金融的综合配套政策不完备;三是碳金融市场分割现象严重;四是中介服务机构发育不完善。对这些原因进行深入分析,有利于排除碳金融发展的障碍,开创我国碳金融发展的光明前景。     

也论仲裁第三人制度

目前部分仲裁较发达的国家和国际仲裁机构已经试行了仲裁第三人程序.而我国对于仲裁第三人制度的立场当前正处在徘徊中,部分仲裁机构曾进行过实践,但是现在又放弃了改革.司法实践中曾意图构建该制度,但是迄今尚未完成.而我国的《合同法》、《民法通则》、《公司法》、《保险法》等法律中已有仲裁协议扩展的立法和理论基础,因此,可以在此基础上构建我国的仲裁第三人制度.     

国际投资仲裁中最惠国条款的适用和管辖权的新发展

国际投资仲裁中某一投资条约规定的最惠国条款能否延伸适用于其他投资条约规定的仲裁程序是近年来的一个热门话题,仲裁裁决的实践给出了两种完全不同的答案,并且依据《维也纳条约法公约》对有关条款进行解释几乎是所有仲裁庭必做的工作.但是近两年的裁决似乎有一种将最惠国条款扩大适用于仲裁程序的趋势,尽管不同仲裁庭甚至同一仲裁庭的不同仲裁员对于同一问题可能会有不同的观点.我国签订的投资条约应当明确最惠国条款和仲裁程序的适用范围,以及规定条约不溯及既往原则等.     

我国特色的劳动争议仲裁终局化之理念和制度架构——《劳动争议调解仲裁法》第47条释正

《劳动争议调解仲裁法》第47条规定了一种有条件、有限制的终局裁决制度,它不仅引起了必要的条文上的规范分析,也带来了学术上的仲裁终局化畅想.从第47条出发来认识我国劳动争议仲裁的终局化,要认识该条文在实施中的制度性和技术性问题,要兼顾劳动仲裁制度的一般法理,更要把握住我国劳动争议仲裁终局化中给予劳动者倾斜性保护以及提升劳动争议解决效率的务实理念.在学理上,强拉硬拽的或裁或审、一裁终局观念只会弱化仲裁的作用,不符合我们强调调解、仲裁的国情.继续强调第47条背后仲裁和审判的平衡观念,有利于明晰独具我国特色的劳动争议仲裁终局化之理念和制度架构.     

贸仲委上海、华南两分会与贸仲委之争的法律问题研究(二)——贸仲委修订实施其2012规则合法正当有效

制定修订贸仲委仲裁规则的主体,无论仲裁法实施前依中央人民政府政务院1954年《决定》和国务院1988年《批复》还是实施后依其第73条规定均是中国贸促会(中国国际商会);贸仲委委员会议不是修订规则主体只是履行审议通过规则修订草案的程序;贸仲委历届章程均未规定审议通过规则修订草案的具体方式或应进行决议;贸仲委2012规则(简称12规则)修订草案无论以何方式经委员会议审议通过后提交中国贸促会(中国国际商会)批准实施均符合法律及章程规定,不存在规则修订草案审议通过程序违法;12规则取消"大条款"〔1〕择地仲裁规定真正实现了当事人意思自治,不存在实体违法;贸仲委上海、华南两分会拒不适用12规则,违反当事人签署两分会仲裁条款真实意愿,无权受理所涉案件。     

Values,imaginaries and templates of journalistic practice: a Critical Discourse Analysis

This article shows that templates are not only crucial for the ways in which journalists construct or structure the media discourse but also for how they perceive themselves and others in the process of journalistic practice. A Critical Discourse Analysis of interviews with Polish journalists on their practices related to reporting migration – a topic largely discarded and ignored by the Polish media – shows that the construction of practice in the journalistic field constantly negotiates the contradiction between “knowing-it-all”, a key element of the template of journalistic habitus/identity, and the frequent lack of experience or limited knowledge of practice and of journalistic work. The analysis reveals that, while often using a discursive strategy of pre-legitimation, journalists enact templates that blur the boundaries between discourses about experiences of journalistic work and imaginaries or scenarios of actions they would only potentially undertake. Journalistic discourses of practice thereby become increasingly displaced, that is, they run along similar templates of discourse of/about quasi-universalised ethics and values of journalism almost irrespective of media organisations of the informants. By the same token, it is emphasised that, rather than being limited by the ideologies and powers of media organisations, agency seems to be often self-constrained by journalists in their self-entrapment in values, templates and imaginaries of journalism.