The Relevance of IS Academic Research: Not As Good As It Can Get

It is generally agreed that IS practitioners do not read academic research. Does it imply that research is irrelevant to practice or does not inform practice?. While I believe that this is not the case, and that dissemination does take place, I am concerned because I believe that academic research should be readable and accessible to practitioners. I suggest that writing for practitioners should be rewarded, but only as a complement to and based upon academic research. Academic research should address important and interesting issues. It should be relevant to audiences other than businesses, such as the non-profit and public sectors and society at large

Social Capital in enabling quality healthcare: The case of a telemedicine project in Nepal

Information and Communication Technology (ICT) can play a crucial role in meeting multifaceted developmental challenges such as providing access to quality healthcare in developing countries. Initiatives such as telemedicine have been vital in bringing healthcare to marginalized groups in remote areas of such countries. While the implementation and effects of telemedicine projects have been studied in the literature, the actual mechanisms and conditions that facilitate the process has seldom been addressed. In this paper, we present an interpretive case study of a telemedicine project in a remote mountainous region of Nepal. Our findings indicate that it was the action of a group of focal actors who leveraged a supportive social capital that resulted in successfully bringing in quality healthcare to marginalized groups in these remote villages. Our findings reveal social capital as a facilitating condition through which ICT can play a crucial role in meeting developmental challenges such as quality health care

ICT, SOCIAL CAPITAL AND DEVELOPMENT: THE CASE OF A MOUNTAIN REGION IN NEPAL

While the role of Information and Communication Technology (ICT) in fostering socioeconomic development is generally accepted, the process through which this may happen remain unclear. In this paper, we take a social capital perspective and propose that ICT helps to create or strengthen social capital of communities which in turn leads to development. To illustrate our proposition, we conducted a qualitative case study in the Myagdi district in the mountain region of Nepal. We studied the Nepal Wireless Networking Project (NWNP) and examined its role in building social capital, and the consequences of extended social capital on socio-economic development process. Our findings indicate that the project is enabling the villagers to create, maintain, and extend their bonding, bridging, and linking social capital. Subsequently, this social capital assists them in developing and improving their education, healthcare, communication, and generating economic activities. We also identified several challenges such as, over dependency on single actor, high illiteracy rate, poor physical infrastructure, language, and lack of participation that may impede the social capital building process

Prompt release of vesel and crew under article 292 of the UNCLOS: Is It An adequate safeguard against the powers of coastal states?

The enforcement powers of the coastal State over foreign vessels in their territorial seas normally include arrest of the crew, seizure of the vessels, and their detention that may extend for a considerable length of time. What makes the matter worst is the extension by the UNCLOS 1982 of the coastal State’s powers to the new legal regime of the exclusive economic zone that may extend up to 200 nautical miles from the baselines. These extensive enforcement powers of the coastal States may cause hardship to foreign crew and ship owners. To strike a balance between the interests of the coastal State and those of the flag State, Article 292 of the UNCLOS empowers the International Tribunal for the Law of the Sea (ITLOS) to determine whether or not the detaining State has complied with a provision of the Convention for the prompt release of the vessel or the crew upon the posting of a reasonable bond or other financial security. The main objective of the research, therefore, is to examine whether the overriding purpose of Article 292, that is, to serve as a compromise between the conflicting interests of the coastal and the flag States, is achieved. The methodology is primarily based on analysis of the nine prompt release cases filed before the ITLOS to date, exploring how Article 292 is in fact interpreted and applied by the Tribunal. The study concludes that despite the prompt release obligation, the coastal States naturally are in a position to tip the balance in their favour. The absence of direct access of private persons to the prompt release procedure and the tendency of the coastal State to confiscate the detained vessel are found to be the two main factors that may swing the balance towards the coastal State

Malaysia and the Rome statute: the issue of sovereignty

The announcement of Malaysia’s accession to the Rome Statute on March 4, 2019 was met with strong objection by the opposition and some stake holders. One of the main arguments made by those who opposed the Rome Statute was that “it will, in the end, destroy national sovereignty.” Although the argument appears to be political rhetoric, it has already injected confusion among the general public and painted a dark picture that the Rome Statute is a hegemonic law that will rob Malaysia of its sovereignty. The main purpose of the present paper, therefore, is to set the record straight and to prove the simple fact that entering into a treaty is in fact a clear exercise of a State’s sovereignty and not to lose sovereignty. First of all, the paper reappraises the concept of sovereignty: in its original form and its evolution from 16th century to 21st century, on the basis of State practice, doctrine, and judicial pronouncements. Secondly, arguments against the Rome Statute made by some powerful States are analyzed and rebutted. Thirdly, Malaysia’s situation is objectively evaluated in the light of a comparison between the Rome Statute and other onerous treaties to which Malaysia has already been a party. The paper concludes with the findings that the traditional concept of ‘absolute sovereignty’ is no longer relevant in the contemporary interdependent world, that States with their own free will as a rule restrict their sovereignty to subject themselves to international law, and that Malaysia by no means will lose its sovereignty by acceding to a treaty while most importantly the Government must first of all need to convince the people that it is a right thing to do – it is beneficial to the people of Malaysia or it can achieve the higher aim of protecting the humanity

Muslim states and implementation of the Convention on the Rights of the Child: A special reference to Malaysia

The Convention on the Rights of the Child (CRC) is the only human rights treaty to which all Muslim States are parties. The main objective of this paper is to look into the difficulties of Muslim States in the implementation of the Convention and a special reference is given to the Malaysian experience. The primary sources of reference are country reports by States parties and concluding observations of the CRC Committee. First of all, the paper takes on the issue of whether Islamic law is a major stumbling block to the implementation of the Convention. The paper argues that as a religion of mercy, Islam is very much concerned about vulnerable people and that despite an unavoidable tension between Islamic law and certain provisions of the CRC, the two are not irreconcilable. The paper then assesses the validity of Malaysia’s reservations to the CRC and concludes with suggestions for changes in the domestic laws and policies of Malaysia to be in compliance with the CRC

Case concerning sovereignty over Pulau Batu Puteh: a critical analysis of its legal implications

The International Court of Justice in the case concerning sovereignty over Pedra Branca/Pulau Batu Puteh adjudged Pedra Branca/Pulau Batu Puteh to Singapore, Middle Rocks to Malaysia, and South Ledge to the state in the territorial waters of which it is located. The judgment has far-reaching implications for both Malaysia and Singapore as it creates overlapping territorial waters, leaving sovereign rights of the two states unresolved, in an area which is strategically extremely important. The present paper first of all gives a brief commentary on the judgment and identifies issues that may arise in its implementation. The paper touches upon the issue of whether an exclusive economic zone can be claimed from Pedra Branca and suggests that the best solution is to concentrate on the territorial sea delimitation rather than claiming wider maritime zones. On other maritime features, since Middle Rocks, which is under the Malaysian sovereignty, lies in between Pedra Branca and South Ledge and blocks any expansion of territorial waters from Pedra Branca, the paper argues that South Ledge squarely falls within the territorial waters of Malaysia and Malaysia can take South Ledge as a base point for maritime delimitation. To tackle maritime delimitation and other related issues will definitely require close cooperation and mutual understanding between the two neighbours