International Journal of Public Law and Policy

O’Brien, Daniel F.

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.042620

The piece discusses social networking websites (e.g., Facebook, Twitter and MySpace) and their importance vis-à-vis the First Amendment in terms of communicating ideas (i.e., the market places of ideas), self-expression and discovery, and political expression and discussion. I emphasise the importance of this because the generation of law school graduates currently applying to take the bar is one of the first to grow up with ready access to the internet from a young age. This paper examines the recent proposals of the Florida Board of Bar Examiners (FBBE) to screen the social network pages of certain applicants to the Florida Bar. I argue that the guidelines are unconstitutionally vague and overbroad and as a result will have a chilling effect on speech if not clarified and the information on how the screening process works is then made easily available to bar candidates.

Martinico, Giuseppe

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.042621

In this paper, I argue that cooperation for development may be seen as a technique of ‘second-modernity’ constitutionalism. I base this argument on the developmental goal of correcting the asymmetries produced by economic globalisation and on the idea of development policies as a process of emancipation of the person, especially as far as concerns the latest generation of such policies. Conditionality policies may be understood as an attempt to translate the development discourse from the mere economic level to a more comprehensive level, including human rights. This tension in the new cooperation for development policies – conceived as a vehicle to extend and affirm constitutional goods such as human rights – inevitably have paved the way for a constitutional approach to such issues. This paper focuses on the possible consequences of a constitutional approach to the development debate.

Papanastasiou, Thomas Nektarios

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.042622

Expropriation is the most traditional type of political risk. However, there is no consistency in the protection against expropriation according to international jurisprudence. This paper analyses what constitutes expropriation and the conditions of non-compensable takings, as well as examining what international tribunals require in order to accept a claim of expropriation. Moreover, the paper highlights the evolved role of the FET standard in successfully supporting claims that under expropriation, clauses are likely to be rejected. As case study, this paper analyses recent EPAs (2006–2009) entered into force between Japan and five ASEAN member-countries. It develops quantitative measures (a score card) to provide several snapshots of key legal elements for the protection of foreign investments in the power sector in each of the countries. In comparing the five EPAs, it is found that the power sector is reserved to a different extent with regards to expropriation and FET standards.

Blazey, Patricia

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.042623

The most recent report produced by the Food and Agriculture Organization (FAO) of the United Nations states that deforestation of the world’s primary forests has reached unsustainable levels. Addressing this problem at the international level is a major challenge as a significant proportion of primary forests are located in developing countries which undertake deforestation not only to produce products for export but also to clear land for agricultural purposes, cattle ranching and urban development. The outcome of the many international forest focused conferences which have taken place over the past few decades, has been an inability to come up with a workable solution to the problem. In light of these outcomes, this article argues that the sustainable management of primary forests is now crucial and best administered at state level. This will require support from rich countries in the form of finance, know-how and technology. An international forest treaty that promotes sustainable forestry and supports the establishment of protected forests areas can only succeed if a bottom up approach is undertaken because taking into account specific local conditions is essential.

Gahlaut, Baibhaw

2011 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2011.042624

Off late climate change movement has become one of the greatest governance concerns both internationally as well as within the individual domestic jurisdiction. Various agencies like the Intergovernmental Panel on Climate Change have continuously published reports highlighting its causes and concerns, but there is dearth of literature which analyses the social and legal implication of the climatic change. In light of this, the present article analyses the social and legal issues which have caught the attention of legal scholars and the governments of different nations as highlighted by them in different international fora. The article particularly highlights the weak enforcement mechanism of the multilateral environment agreements and the issue of human rights violation resulting from climate change. Finally, the article makes the discussion of current trends and put forward the possible way out to the problem.