ON THE WAY TO THE EUROPEAN RESEARCH AREA： PROGRAMMES OF THE EUROPEAN UNION AS FACTOR OF THE INNOVATION DEVELOPMENT OF THE SCIENTIFIC ORGANIZATION IN UKRAINE

Within the framework of the FP7 project ＂START＂, the cooperation with European research centres has had a positive impact on raising the level of innovation researches and the introduction of innovations Institute for Superhard Materials of the National Academy of Sciences （ISM NAS） of Ukraine in the economy of Europe and Ukraine, which in turn permits to speed up the way for Ukrainian science to the European research area through the creation in Ukraine of the scientific organizations of innovative type.     

REHABILITATION OF DRUNK DRIVERS AND THE SMADIT PROJECT： COLLABORATION AMONG THE POLICE FORCE,THE ROAD ADMINISTRATION AND THE SOCIAL SERVICES

The aim of the SMADITt project is not only to reduce the number of drunk drivers on the Swedish roads but also to reduce the number of repeated drunk driving offences. The SMADIT project is a three-way collaboration between the Swedish Police Force, the Swedish Road Administration and the Swedish Social Services. According to the guidelines the police should inform the suspected drunk drivers about SMADIT and ask if they want to be contacted by the Social Services. If they agree to take part in the project, then a member of staff from the Social Services will contact them within 24 hours. The purpose of this paper is to present the results from a qualitative study evaluating the effects of SMADIT. Thirteen male drivers and one female driver who agreed to take part in the SMADIT project were interviewed. The questions covered their experience of SMADIT, why they agreed to participate, what kind of help they received but also their attitudes towards drinking and driving in general and the event leading up to the conviction. The results showed that the initial contact with the police determined if they would agree to participate in the project or not. Both written and verbal information were essential An important aim with SMADIT project is the early contact with the Social Service. However, the results from this study showed that several informants needed time for reflection and to recover from the shock after being stopped by the police on suspicion of drunk driving. However, according to informants, it was important that not too many days passed before a contact was established. During the meeting with the Social Service, the informants were then offered different kinds of treatment. All of the informants were very pleased with this contact. According to the guidelines provided by the SMADIT project a consensus has to be reached, otherwise the Social Services cannot contact the person. In this study, we found that a person straight after the event does not always think clearly and therefore we propose that the SM     

DOES THE TIME CAUSE THE CRIME? AN EXAMINATION OF THE RELATIONSHIP BETWEEN TIME SERVED AND REOFFENDING IN THE NETHERLANDS*

This work uses a sample of Dutch offenders, serving an average of 6.7 months of confinement, to examine the relationship between time served in prison and future criminality. To overcome the selection issues inherent in this examination, this article introduces a new method to the criminological literature that relies on a generalization of the propensity score to control for observed differences in offenders sentenced to different periods of confinement. On the whole, very little evidence of a relationship between time served and future offending was found. In particular, 3‐year reconviction rate and the proportion of offenders reconvicted in the next 3 years do not seem to depend on incarceration length. Although a relationship between time served and future sentence length was found, the evidence is modest.     

THE PRESS AND THE JUDICIARY： COURT AND JUDICIAL REPORTS IN THE PREss IN ENGLAND AND WALES

Western scholars have argued that image making and image management are a preoccupation of the judiciary. Images of the judiciary may take a variety of forms and be produced for kinds of audiences. One form of judicial image making and image management is live performances in the courtroom and other court settings. Another is the written judgment where the preoccupation is the style of the written text. Press and other mass media reports of judicial activity are another. The audience for judicial images is equally diverse, from fellow judges, lawyers in the courts and the wider legal community, the litigants before the courts to the executive, legislature and the public both in the courtroom and beyond. The image of the judiciary that is available to the public has a particular significance in Western rule of law democracies. As a general rule courts and the judiciary are required to operate in public and their activities must be open to public scrutiny. A recent policy manifestation of this goal is debated about confidence in the justice system and initiatives designed to improve confidence. In the majority of cases public scrutiny of judicial activity and public confidence in the judiciary relies upon the media. Objective and accurate press and media reports play a key role in shaping public understanding of the judiciary and generating or undermining confidence in that institution. Reports in regional and national newspapers have long been an important source of information, shaping public knowledge and facilitating public scrutiny of the justice system. In the UK, there is almost no scholarship on these representations past or present. The result is little known about the representation of the courts and the judiciary in press reports. Little is known about what the diligent reader of these reports can learn about judicial activity. The aim of this article is to take a first step towards changing that state of affairs. It uses a data set made up of 205 contemporary domestic newspaper reports of court and judi     

TOWARDS A NEW CONCESSIONS REGIME IN THE EU： ABOUT THE MERITS AND SHORTCOMINGS OF THE CONCESSIONS＇ DIRECTIVE

The European Commission published a proposal at the end of2011 for a self-standing directive on the awarding of concessions in the context of the revision of the public procurement framework. With the aim of harmonizing rules and developing minimum standards based on the EU primary law and ECJ case law, the purpose of the proposed directive was, according to the Commission, to ensure more transparency and legal certainty in all Member States in awarding concessions and enhance the development of PPPs （Public-Private Partnerships） 1 However, negotiations on the proposal for a concessions directive proved to be difficult. The text2 finally adopted on February 26, 2014 stems from three compromises： 1. Within the European Commission, between a fully fledged approach and a so-called ＂light approach ＂; 2. within the Council between Member States in favor of a detailed directive for the sake of easy transposition, and Member States reluctant to the very directive, whose added value was challenged either by fear of amending their own existing national legislation on concessions or, conversely, by fear of putting at risk existing contracts awarded without open tender; 3. within the European Parliament, as the rather technical issue of public procurement became a politically driven debate on both the principle of subsidiarity and the legitimacy of private operators to manage services of general interest. As a result of a complex deal brokered by the Commission, the Council and the European Parliament, the main merit of the directive is its existence. In the light of the numerous exclusions to its scope, it remains to be seen whether some of its promising provisions regarding the definition, the award and the life of concessions will facilitate on the ground the development of transparent, performing concessions projects. At the end of the day, options to be embraced by the Member States for the transposition of the concessions directive will be a key element in the success and use of the new legal concessions reg     

TOWARDS THE RULE OF LAW OR THE RULE OF THE BOOTS？ A LIBERAL PERSPECTIVE ON DEMOCRACY AND HUMAN RIGHTS

Since the beginning of the ＂war＂ on terror, governments have implemented counter-terrorism laws and policies, in breach of their obligations under international human rights law, on account of the necessity to protect democracy against its enemies. Reliance on the human rights discourse in order to justify the violations committed renders it difficult to criticise these drawbacks without rethinking the concepts of rights and democracy and reformulating them. The present article attempts to answer this challenge along the lines of the reconstruction of the notions of liberal democracy as the rule of law and liberty, and human rights as spheres of individual sovereignty.     

THE ACT OF THE PEOPLE＇S REPUBLIC OF CHINA ADDRESSING CLIMATE CHANGE （ THE DRAFT PROPOSAL） I. THE INTERPRETATION OF THE PEOPLE＇S REPUBLIC OF CHINA＇S ACTIONS ADDRESSING CLIMATE CHANGE

I. The Necessity of Legislation. -- As the largest developing country, China has the most greenhouse gas emissions in the world. Therefore, the world, including America, pays close attention to China＇s policies regarding the control of greenhouse gas emissions. Considering the continuous growth of global warming, China＇s policies for controlling greenhouse gas emissions should be consistent and ruled by law. So it is necessary to enhance the establishment of laws and systems for standardizing settlement.     

THE EMERGENCE OF TRIAGE IN FAMILY COURT SERVICES: THE BEGINNING OF THE END FOR MANDATORY MEDIATION?*

Mandatory mediation has, since its inception in the 1980s, been at the heart of family court service agencies. However, changing times, more complex family problems, and a lack of court resources have created significant service delivery challenges. This article examines the emergence of variations of triage processes in family court service agencies as a response and contends that it is time to consider replacing the tiered service delivery model.     

＂RAISING THE BAR＂ THE ROLE OF SELF- GOVERNMENTS AND ASSOCIATIONS OF LAWYERS IN THE DEVELOPMENT OF PRO BONO ACTIVITIES

This article constitutes an extension of the speech delivered at the European Pro Bono Forum, organized by PILNET, which was held in Warsaw in October 2013. In the forum, representatives of the Council of Bar Associations from numerous European countries and representatives of NGOs around the world shared their experiences and ideas, designed to promote pro bono activities among lawyers, and discuss the problems faced when conducting said activities in their countries.     

DOING HER OWN TIME? WOMEN'S RESPONSES TO PRISON IN THE CONTEXT OF THE OLD AND THE NEW PENOLOGY*

Assumptions about gender role socialization dominated explanations for gender differences in responses to incarceration. We suspend these gender comparisons, which produced the focus on homosexuality and kinship networks in women's prisons, to determine how women's pre‐prison experiences, in the context of two different institutions, influence the way they “do time.” We analyze in‐depth interviews with a diverse sample of 70 female inmates housed in the California Institution for Women (CIW)—the oldest prison for women in the state—and Valley State Prison (VSP)—the newest prison for women. These two institutions differ in structure, size, and management philosophy, and accordingly necessitate the consideration of moderating situational effects. We use qualitative analysis to examine how women do time and to determine whether individual variations in doing time are similar across very different institutions.     

THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？

By referring to 400 WTO cases, this paper reviews the results of WTO dispute settlement proceedings and the systemic causes in order to find out whether the WTO dispute settlement system ＂s results reflect a clear tendency of favoring complainants, and if so, whether the internal asymmetry of the system leads to such results. Based on these findings, and by considering a number of factors, this paper analyses the influence on national interests brought about by such asymmetry, so as to find whether there is a two-way adjustment effect and relative deprivation effect for developing countries. Then, according to the current economic situations of the WTO＇s Asian countries, this paper suggests that the Asian members should reform their policies to overcome the disadvantages of the WTO asymmetric proceedings. In this part, this paper comprehensively evaluates the measure of actively using the WTO dispute settlement system that favors the complainants, in order to develop overseas markets and realize potential benefits of treaty negotiations.     

REMEMBERING THE FORGOTTEN： INTERNATIONAL LEGAL REGIME PROTECTING THE STATELESS PERSONS STOCKTAKING AND NEW TENDENCIES

Statelessness and protection of stateless persons under public international law has not traditionally been in the forefront of academic legal research. This paper aims at drawing a picture on the legal status of stateless persons under public international law, shedding light onto the rather sporadic but noteworthy legal developments after the adoption of the core global instrument in this field, the 1954 New York Convention on the Status of Stateless Persons.     

IS ARTICLE 5.7 OF THE SPS AGREEMENT AN APPLICATION OF THE PRECAUTIONARY PRINCIPLE?

The “Precautionary principle” is regarded as the new buzz phrase in the discussion of risk regulation relating to the areas of environment and health. Article 5.7 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measure (SPS Agreement) uses a similar approach to the protection of human, animal and plant life, and health. It is important to pay close attention to some of the relationships concerning the precautionary principle and Article 5.7. Firstly, when a member decides to take sanitary and phytosanitary (SPS) measures, they usually act from the perspective of prudence and precaution. In addition, the precautionary principle finds similar expression in Article 5.7. However, the precautionary principle has not been explicitly written in the SPS Agreement as a ground for justifying the SPS measures in situations that are inconsistent with the obligations set out in the Agreement. The case law shows that the Panel is very careful about the use of the language of precaution. The Appellate Body is reluctant to allow the precautionary principle to override the specific obligations in the Agreement. Whether Article 5.7 can be regarded as an application of the precautionary principle needs to be examined. Under the current discourse, however, this article finds that the precautionary principle cannot by any means be used as an interpretative tool for Article 5.7. Reliance on the precautionary principle to trigger Article 5.7 is supposed to be unsuccessful. As in situations where taking SPS measures threats the environment and health become irreversible, more attention should be paid to practical issues to ensure the necessity and efficacy of the measures.     

ARE WE REALLY LOOKING OUT FOR THE BEST INTERESTS OF THE CHILD? APPLYING THE NEW ZEALAND MODEL OF FAMILY GROUP CONFERENCES TO CASES OF CHILD NEGLECT IN THE UNITED STATES

This Note advocates for state laws to be amended to implement family group conferencing (FGC) as the first step in cases of alleged child neglect. FGC was developed in New Zealand nearly twenty years ago and have since become a realistic method of balancing the best interests of the children, families, agencies, courts, and communities involved in the child welfare system. A FGC is a meeting among family members and professionals that is conducted in order to develop a plan for a child who is the victim of neglect. FGC places the family at the center of the welfare proceedings and empowers them to reach a solution without having to resort to the often lengthy and expensive adversarial court system. If FGC is incorporated into the child welfare systems throughout the United States, communication between the parents, social services, and the courts could increase, helping families adequately address the problem of neglect and getting the children out of the child welfare system quickly and more efficiently.     

STATE＇S CONTROL AND TENURE ARRANGEMENT OVER FIXED OBJECTS DUTCH CITIZENS PRIVATE PROPERTY FOR THE WELFARE OF THE PEOPLE： THE CASE OF INDONESIA

Indonesia had been colonized by Dutch Government for more than 300 years. Posterior to Indonesia independent proclamation on August 17, 1945 there was a number of State＇s legal problems found and one of them is the control and tenure arrangement of private property that left by Dutch citizens in the country of Indonesia. Specific purpose of the paper is to criticize the existence of Act Number 3 PRP Year 1960 regarding the Tenure Arrangements Fixed Objects Dutch Citizens Private Property that has reflected a sense of unjust, uncertainty and inexpedience for the greatest number of Indonesian people. It is because the Act of 1960 defines inconsistency between Article 4, paragraph （2） with general explanations Article 1 Government Regulation of the Republic of Indonesia Number 223 of 1961. It also set the terms of priorities to obtain fixed objects belonging to individual citizens Dutch not in accordance with the principle of equality before the law. Legal implications arising from control and tenure arrangements of objects and equipment owned by a Dutch individual are a problem that occurs in the received ground objects P3MB. To implement the control arrangements of objects and equipment owned by a Dutch individual that reflects a sense of fairness, certainty and benefit to society by applying the concept of 3 in 1 in the Land Acquisition： Acquisition of land objects P3MB for laws subject.     

INTELLECTUAL PROPERTY IN THE TWENTY-FIRST CENTURY: WILL THE DEVELOPING COUNTRIES LEAD OR FOLLOW?

Developing countries, particularly the BRIC countries of Brazil, Russia, India, and China, should accommodate their national systems of innovation to the worldwide intellectual property (IP) regime emerging after the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in a way that maximizes global economic welfare in the foreseeable future. As many developed countries' experience demonstrates, badly configured, over-protectionist IP regimes stifle innovation by making inputs to future innovation too costly and too cumbersome to sustain over time. More carefully considered IP regimes, however, are an important way to protect innovative small- and medium-sized firms from predatory, larger competitors. The challenge is for emerging economies to capture the benefits of IP without importing the serious problems that developed countries have themselves failed to solve. Emerging economies can attain this balance by pursuing a policy of counter-harmonization in which they take advantage of existing exemptions in international agreements governing IP to establish regional, local, and international practices that promote more innovative, flexible uses of IP. Such practices include a research exemption for experimental uses of IP, government imposed nonexclusive licensing, anti-blocking provisions, an essential facilities doctrine, and compulsory licenses. Additional tools include an ex ante regime of compensatory liability rules for small scale innovation and sensible exceptions, particularly for science as well as general fair use provisions, to the exclusive rights of domestic copyright laws. Emerging economies will have to overcome strong economic pressure to accept more restrictive IP regimes as part of free trade agreements as well as a lack of technical expertise and internal government coordination. However, emerging economies have already accrued enough experience to be aware of the strengths and weaknesses of various IP schemes and their own ability to tailor IP to local needs. Developing countries will need to take advantage of that experience and defend innovative practices at international dispute resolution forums. Through creative, determined efforts, the developing countries can avoid other countries' IP excesses while establishing the kind of IP norms that address the real conditions of creativity and innovation in today's digitally empowered universe of scientific discourse.