Approaching Migrant Youth Marginalization through the Capabilities Approach: Methodological Proposals

Adopting the capabilities approach and the terminology that has been respectively developed, we could assume that Amartya Sen’s “capabilities” consist in the actual living that people manage to achieve (“functionings”) as a result of actual free will. Sen’s freedom does not “only [depend on the] mere degree of the presence or absence of coercion or interference (from others)” (Otto and Ziegler 2006) but also on “the range of options a person has in deciding what kind of life to lead” (Dreze and Sen 1995, 10). In his book, Identity and Violence, Sen, without explicitly connecting the capabilities approach with his views on “genuine multiculturalis” (Sen 2007), in fact, introduces this extended conception of freedom in the way we examine identity matters. Since freedom becomes perceptible as the range of options a person has, concerning the kind of life he wishes to live, cultural freedom can be defined through the concept of the multiplicity of belonging. In other words, cultural freedom constitutes itself a capability, which is realized when nothing and no one, not even myself, can tie me down to a kind of cultural rigidity that tends to exclude and marginalize me. This latent connection of “capabilities” with “multiple identities” (Sen 2007) challenges us to search for the contribution Sen’s approach could have in the understanding and confrontation of issues concerning migrants, away from theoretical patterns that overemphasize the cultural otherness as an impediment to inclusion. Besides, Sen himself, without of course focusing exclusively on migrants, has already approached the matter of social exclusion with terms of his capabilities approach (Sen 2000).

Youth criminality and urban social conflict in the city of Rosario, Argentina. Analysis and proposals for conflict transformation

The present article describes and analyses youth criminality in the city of Rosario, Argentina between the years 2003-2006. Key actors’ understandings of and responses to the conflict were investigated by means of semi-structured interviews, observations, discourse analysis of policy documents, analysis of secondary data, and draw heavily on the experience of the author, a citizen and youth worker of Rosario. The actors examined were the police, the local government, young delinquents and youth organisations. Youth criminality is analysed from a conflict transformation approach using conflict analysis tools. Whereas, the provincial police understand the issue as a delinquency problem, other actors perceive it as an expression of a wider urban social conflict between those that are “included” and those that are “excluded” and as one of the negative effects of globalisation processes. The results suggest that police responses addressing only direct violence are ineffective, even contributing to increased tensions and polarisation, whereas strategies addressing cultural and structural violence are more suitable for this type of social urban conflict. Finally, recommendations for local youth policy are proposed to facilitate participation and inclusion of youth and as a tool for peaceful conflict transformation.

The Law Applicable to Online Copyright Infringements int ALI and CLIP Proposals: A Rebalance of Interest Needed?

The article discusses the problems of applicable law to copyright infringements online. It firstly identifies the main problems related to the well established territoriality principle and the lex loci protectionis rules. Then; the discussion focuses on the "ubiquitous infringement" rule recently proposed by the American Law Institute (ALI) and the European Max Planck Group for Conflicts of Law and Intellectual Propoperty (CLIP). The author strongly welcomes a compromise between the territoriality and universality approaches suggested in respect of ubiquitous infringement cases. At the same time; the paper draws the attention that the interests of "good faith" online service providers (such as legal certainty and foreseeability) have been until now underestimated and invites to take these interests into account when merging the projects into a common international proposal.

Proposals from Berlin and Paris – Intermediary Liability in European Copyright Law

Two very different proposals on copyright policy – one a privately drafted document, the other a governmental report – are published in this edition of JIPITEC. There is an interesting point of intersection between them because they both consider the difficult question of the liability of online intermediaries for users’ infringements. The first document is “The Berlin Gedankenexperiment on the Restructuring of Copyright Law and Authors Rights”. This is a wide-ranging proposal for a complete recasting of the legal system that promotes the production of, and controls the use of, creative goods. The second policy document has a more limited focus. The French High Council for Literary and Artistic Property (“CSPLA”)’s Mission to Link Directives 2000/31 and 2001/29 – Report and Proposals (“Mission Report”) aims to provide a persuasive intervention in current policy discussions at European Union level concerning the liability or, more appropriately, the non-liability, of online intermediaries for copyright infringement. In this brief introduction, I outline the scope of both proposals and reflect briefly on their recommendations.