re:fwd:LSN: University of New South Wales Faculty of Law Legal Studies Research Paper Series, Vol. 3 No. 13, 12/02/2014

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Arega Hailu Teffera

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Dec 24, 2014, 12:24:00 AM12/24/14
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>Dear Professor Stefaan Smis


I would like to wish to you, family and the group a Merry Christmas and a Happy New Year 2015.

Regards
Arega Hailu Teffera

FYI (in particular Jules).
>
>Best,
>
>Stefaan
>
>Forwarded message:
>
>>From: L...@publish.ssrn.com
>>To: ss...@vub.ac.be
>>Cc:
>>Date: Tue, 2 Dec 2014 14:37:10 -0500 (EST)
>>Subject: LSN: University of New South Wales Faculty of Law Legal Studies Research Paper Series, Vol. 3 No. 13, 12/02/2014
>>
>>_________________________________________________________________
>>
>> SOCIAL SCIENCE RESEARCH NETWORK
>>
>> LEGAL SCHOLARSHIP NETWORK: LEGAL STUDIES RESEARCH PAPER SERIES
>> UNIVERSITY OF NEW SOUTH WALES FACULTY OF LAW
>> Vol. 3, No. 13: December 02, 2014
>>
>>Editors: ANDREW C. BYRNES
>> University of New South Wales (UNSW) - Faculty of
>> Law
>> ANDREW...@UNSW.EDU.AU
>>
>> GRAHAM GREENLEAF
>> Professor of Law & Information Systems, University
>> of New South Wales, Faculty of Law
>> G.GRE...@UNSW.EDU.AU
>>
>> HANNAH HARRIS
>> University of New South Wales (UNSW) - Faculty of
>> Law
>> HANNAH....@GMAIL.COM
>>
>> DANIEL JOYCE
>> Lecturer, University of New South Wales (UNSW) -
>> Faculty of Law
>> DANIEL...@UNSW.EDU.AU
>>
>>_________________________________________________________________
>>
>>BROWSE all abstracts in this subject:
>>http://www.ssrn.com/link/UNSW-LEG.html
>>
>>SEARCH entire eLibrary at: http://ssrn.com/search
>>
>>If this document is misaligned, please set type face to a
>> non-proportional font such as Courier 10.
>>_________________________________________________________________
>>
>>T A B L E O F C O N T E N T S
>>
>>"'Data Privacy Laws in Asia ? Context and History' (Chapter 1 of
>> Asian Data Privacy Laws ? Trade and Human Rights Perspectives)"
>> GRAHAM GREENLEAF
>> University of New South Wales, Faculty of Law
>>
>>"Influencing Data Privacy Practices By Global Free Access: The
>> International Privacy Law Library"
>> GRAHAM GREENLEAF
>> University of New South Wales, Faculty of Law
>> PHILIP CHUNG
>> University of New South Wales (UNSW) - Faculty of Law
>> ANDREW MOWBRAY
>> University of Technology Sydney, Faculty of Law
>>
>>"Legality"
>> FLEUR E. JOHNS
>> University of New South Wales, Faculty of Law,
>> Faculty of Law, University of NSW
>>
>>"Cultural Heritage as Transformation: A Study of Four Sites from
>> Post-Apartheid South Africa"
>> ANDREA DURBACH
>> University of New South Wales (UNSW) - Faculty of Law
>>_________________________________________________________________
>>
>>"'Data Privacy Laws in Asia ? Context and History' (Chapter 1 of
>> Asian Data Privacy Laws ? Trade and Human Rights Perspectives)"
>> Asian Data Privacy Laws ? Trade and Human Rights
>> Perspectives, Oxford University Press, 2014
>> UNSW Law Research Paper No. 2014-55
>>
>> Contact: GRAHAM GREENLEAF
>> University of New South Wales,
>> Faculty of Law
>> Email: g.gre...@unsw.edu.au
>>Auth-Page: http://ssrn.com/author=57970
>>
>>Full Text: http://ssrn.com/abstract=2514972
>>
>>ABSTRACT: The first chapter of Asian Data Privacy Laws opens with
>>illustrations from across Asia of where laws protecting data
>>privacy have made a difference to individual lives. The main
>>focus of the book is those specialised laws which systematically
>>regulate the use of information about people, covering either or
>>both of a country?s public sector or most of its private sector.
>>Fourteen of twenty six jurisdictions in Asia now have such laws,
>>from over 100 countries globally with such laws. ?Asia,? for the
>>purposes of this book, comprises the three sub-regions of South
>>Asia, South-East Asia and North-East Asia. Other laws regulating
>>data privacy are also considered, including constitutional,
>>criminal and civil law protections. All twenty six Asian
>>jurisdictions are covered in this book.
>>
>>When considering data privacy protection in Asia, it is necessary
>>to remember ?we?re not in Brussels anymore.? Whereas European
>>data protection law is based on a few key legal instruments, and
>>there are European institutions that give them life, in Asia
>>there are no equivalent binding treaties, or equivalent pan-Asian
>>(or even sub-regional) institutions. A study of data privacy
>>protection in Asia must be a ?bottom up? study, whereas the
>>European approach can properly be ?top down?. It is not only
>>national laws that must be given priority in a study of privacy
>>in Asian countries, but also the situation regarding democracy
>>and the rule of law in each country, which can overwhelm other
>>considerations. In contrast, when considering data privacy laws
>>in Europe (either within the EU countries or the broader Council
>>of Europe countries) it is reasonable to assume both the
>>existence of national democratic institutions and the rule of law.
>>
>>Comparative studies of national data privacy laws and their
>>administration, or of the underlying principles of such laws and
>>what constitutes effective administration of such laws, are still
>>relatively uncommon, except for the region of the EU. However, a
>>survey of existing comparative works on a global canvas provides
>>a number of hypotheses about data privacy protections which a
>>book such as this may help to test.
>>
>>The book is structured into three Parts: Part I ? Asia and
>>international data privacy standards (chapters 1?3); Part II ?
>>National data privacy laws in Asia (chapters 4?16); and Part III
>>? Regional comparisons, standards, and future developments
>>(chapters 17?20).
>>
>>This introductory chapter concludes with brief discussions of the
>>relationships between fundamental rights and ?Asian values?; of
>>the implications of democracy for data privacy in a
>>half-democratic Asia; and of conflicting interests in
>>surveillance (public and private sector) and in ?free flow? of
>>personal data.
>>______________________________
>>
>>"Influencing Data Privacy Practices By Global Free Access: The
>> International Privacy Law Library"
>> UNSW Law Research Paper No. 2014-56
>>
>> Contact: GRAHAM GREENLEAF
>> University of New South Wales,
>> Faculty of Law
>> Email: g.gre...@unsw.edu.au
>>Auth-Page: http://ssrn.com/author=57970
>>
>>Co-Author: PHILIP CHUNG
>> University of New South Wales (UNSW)
>> - Faculty of Law
>> Email: phi...@austlii.edu.au
>>Auth-Page: http://ssrn.com/author=368188
>>
>>Co-Author: ANDREW MOWBRAY
>> University of Technology Sydney,
>> Faculty of Law
>> Email: and...@austlii.edu.au
>>Auth-Page: http://ssrn.com/author=368189
>>
>>Full Text: http://ssrn.com/abstract=2502703
>>
>>ABSTRACT: This paper explores how one group of organisations,
>>legal information institutes (LIIs) can use shared resources to
>>assist other global and regional groupings of organisations
>>involved in data privacy to achieve their objectives. Bodies
>>established by legislation to protect privacy (DPAs, PEAs etc),
>>now in nearly 100 countries, wish to be able to better access and
>>compare decisions on similar issues, data privacy legislation,
>>and commentary on same. Civil society bodies and academics want
>>effective access to the same material.
>>
>>The World Legal Information Institute (WorldLII) provides free
>>access, via cooperation between seventeen LIIs, to a considerable
>>amount of this information, sometimes as distinct databases, but
>>just as often buried in very large generic databases of case law,
>>legislation or scholarship. The challenge in building the
>>International Privacy Law Library is to pre-select material
>>potentially relevant to privacy issues to create a high value
>>searchable global collection, but to do so on a low and
>>sustainable budget.
>>
>>The resulting International Privacy Law Library contains over
>>15,000 documents. It is a combination of two main elements: (i)
>>pre-selected databases, some maintained by active provision of
>>data by DPAs/PEAs; and (ii) a set of ?virtual? databases (one
>>each for case law, legislation, scholarship etc.) drawn from all
>>other content found on the LIIs, which, once they are built, are
>>self-maintaining (updated daily) and expand as relevant new
>>content is added to any collaborating LII. The paper explains the
>>method used to build ?virtual? databases, the content of the
>>Library, and its usage.
>>______________________________
>>
>>"Legality"
>> Sahib Singh & Jean d?Aspremont (eds), Fundamental
>> Concepts for International Law: The Construction of a
>> Discipline (Edward Elgar: 2015, Forthcoming)
>> UNSW Law Research Paper No. 2014-57
>>
>> Contact: FLEUR E. JOHNS
>> University of New South Wales,
>> Faculty of Law, Faculty of Law, University of NSW
>> Email: fleur...@unsw.edu.au
>>Auth-Page: http://ssrn.com/author=385449
>>
>>Full Text: http://ssrn.com/abstract=2520002
>>
>>ABSTRACT: Legality ? the ?spirit or way of thinking
>>characteristic of the legal profession? or the ?quality of being
>>legal or in conformity with the law? ? is a condition with which
>>international lawyers might be expected to exhibit relative
>>comfort. Not so. Far from naming common ground upon which
>>international lawyers routinely assemble, legality marks a site
>>of intense and unresolved conflict. It is a condition that
>>international lawyers aspire to secure, and perennially worry
>>about failing to bring about. This chapter demonstrates how
>>international law?s fraught sense of legality is crafted and
>>experienced by attention to a highly controversial judicial
>>ruling ? that of the International Court of Justice (ICJ), in
>>July 1966, in the South West Africa Cases. It writes legality as
>>an incident of experimental practice that entails making
>>?fictional? a politics of norms and normalcy. It does so drawing
>>upon the experience of ?fiction? with which Michel Foucault
>>experimented in his later work.
>>______________________________
>>
>>"Cultural Heritage as Transformation: A Study of Four Sites from
>> Post-Apartheid South Africa"
>> presented at: ?Twenty Years of South African
>> Constitutionalism: Constitutional Rights, Judicial
>> Independence, and the Transition to Democracy?, New York Law
>> School, co-hosted by New York Law School Law Review (13-16
>> November 2014 Forthcoming)
>> UNSW Law Research Paper No. 2014-58
>>
>> Contact: ANDREA DURBACH
>> University of New South Wales (UNSW)
>> - Faculty of Law
>> Email: a.du...@unsw.edu.au
>>Auth-Page: http://ssrn.com/author=508791
>>
>> Abstract: http://ssrn.com/abstract=2520020
>>
>>ABSTRACT: In a country undergoing political transition, cultural
>>heritage can assume a significant role in resurrecting and
>>preserving features from a political past that may inform and
>>shape a nation?s emerging cultural identity. This article
>>examines the role of cultural heritage as an agent of
>>transformation in the "new" democratic South Africa. It
>>considers the evolution of South Africa?s national cultural
>>heritage protection framework and its relationship to the
>>nation?s negotiated transition and transformation to democracy.
>>By reference to four sites of historical and heritage
>>significance, all with a powerful association to South Africa?s
>>colonial and racist past, the article analyses their enduring,
>>revised or potential protection status and the extent to which
>>the (re)designation of these sites is defensible or sustainable
>>under South Africa?s contemporary national heritage legislation
>>and the values central to South Africa?s ?transformative?
>>constitution: (i) Jan Van Riebeeck?s indigenous wild almond tree
>>hedge in the Kirstenbosch Botanic Gardens, Cape Town, the Dutch
>>colonisers? barrier against co-existence with indigenous
>>communities and considered a first execution of apartheid, (ii)
>>the Voortrekker Monument - ?the foundation for (Southern
>>Africa?s) white civilization? - reclaimed by Afrikaner interests
>>to ensure its adaptation and survival in a non-racial, democratic
>>South Africa; (iii) Museum van de Caab, developed, following
>>archaeological excavation of the site, to depict the impact of
>>slavery and apartheid on generations of farmworkers whose access
>>to land ownership and usage has been restored; and (iv)
>>Constitutional Hill, site of the Constitutional Court, a
>>?physical manifestation? of the integration of South Africa?s
>>history of oppression and resistance and the principles of human
>>rights and constitutionalism, the foundations on which a
>>post-apartheid South Africa would be built.
>>__________________________________________________________________
>>
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>>
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