TOPICAL ISSUES IN CROSS BORDER DISCOVERY： RECONCILING PERSONAL DATA REGULATIONS AND INTERNATIONAL GUIDELINES

This article will consider the following questions： What is the current state of the European data privacy and transfer regime？ What are the challenges the regime is facing and what are the modifications being considered to address them？ What role can the Sedona Conference play in reconciling personal data regulations and cross border discovery？ We will explore the following critical issues： 1. The position taken by the European Commission （EC） in its proposed General Data Protection Regulation （2012） that the current regime, as embodied in the European Union （EU） Data Protection Directive 95/46/EC, has not fully achieved the harmonization of its member state＇s legal systems that was originally envisioned; 2. How the regime can adapt to the challenges and be driven by dynamic legal, technological and economic environments？ The paper will conclude by examining key provisions of the EC＇s proposed regulation within the context of the Sedona Conference＇s International Principles and offer recommendations on implementation.     

Building a new paradigm in law education in term of upholding the rule of law in Indonesia through clinical study

Clinical legal education or CLE is known long enough in Indonesia by establishing Legal Aid Body named Lembaga Bantuan Hukum （LBH）, which aimed to train and prepare student to work in the real world especially in contributing and supporting marginal people （low-income people）. This mission was in line with the rule of law principle, which has characteristic values of supremacy of law, equality before the law, and due process of law. Recently, CLE is linking practical experience and legal theories to provide students with comprehensive understanding of legal aid and its goals, in particular, the implementation of the rule of law in Indonesia.     

THE ROLE OF IJTIHA IN PROGRESSING ISLAMIC LAW IN MODERN TIMES

While new and complicated legal issues continuously come to the fore, Islamic sacred texts that deal with legal issues are finite, ljtih~d is an interpretive tool that applies legal reasoning based on sacred texts to derive new legal rules that meet emerging legal problems. This paper will elucidate the nature of ljtih~d and comment on the status of Ijtih6d today. The paper will also explain why it is necessary to replace macro-Ijtih~d with micro-Ijtih6d, and will highlight the importance of the continuance of Ijtih6d by Islamic jurists despite Islamic law＇s reduced application.     

INTERNET SERVICE PROVIDERS＇ LIABILITY FOR PERSONAL DAMAGES ON SOCIAL NETWORKING WEBSITES

The increasing popularity of the Internet in recent times brought profound changes to the society as a whole. Communications mediated by computers are now a consolidated reality in large parts of the world. And the virtual social networks are confused by many with the Internet concept itself. In turn, the Brazilian legal system lacks specific legal rules to address the legal relations taking place within its scope. And the case law is increasingly facing the subject. Within that framework, the doctrine＇s role is emphasized. Therefore, this article aims at investigating the civil liability for consumer accidents occurred in social networking websites on the Internet. After describing the virtual universe＇s peculiarities, this paper intends to approach the consequences when consumer accidents occur, since those accidents, considering the technological complexity of that environment, stress the obvious vulnerability of the consumer even more.     

Another victim of the ＂banana war＂： Some reflections on the status of the principle of liability in the absence of unlawful conduct in the community legal system

Articles 235 and 288 second paragraph EC provide remedies for damages caused by Community institutions, to individuals, legal bodies or States that concern legal obligations outside the scope of contractual relations. Although it did not receive any real application, the principle of liability in the absence of fault is mentioned by the Court in a couple of cases. This article seeks to explore this principle in its due context and in the light of comparative law. To that effect, it is first necessary to make a short recall of the historical case law in this field, to analyze afterwards the latest jurisprudential developments （FIAMM/FEDON case）, and finally to consider the future prospects of this principle in the Community law through two options. One alternative would be to adopt more lenient conditions for the application of Community＇s liability for fault and notably a progressive abandon of the current serious fault regime and the adoption of the simple fault regime. Another option would be to remove the tort nature from the no-fault liability and to move from the reparation of damage to a compensation for the breach of the equality.     

Notes for Submissions

Frontiers of Law in China （FLC） is a scholarly journal （quarterly）, launched in 2006, presently co-published by Higher Education Press and Thomson Reuters. The editorial welcomes articles from scholars, researchers, legal practitioners, and postgraduates in the field of law who are interested in Chinese law and comparative law between China and other countries, and the related legal issues that explore the significance of the contemporary reform of Chinese law and Chinese legal system.     

LEGAL REGULATION ON EXECUTIVES' PAY OF STATE-OWNED ENTERPRISES IN CHINA: EXPERIENCE,DEMONSTRATION AND PATH SELECTION

The source of the struggling legal regulation of executives'pay in state-owned enterprises is that the executives of most state-owned enterprises are not selected from the personnel market but are appointed by the administrative agencies,which gives government departments in charge sufficient legal premises to regulate their pay externally.However,the strict broad-brush administrative regulations and policies intensified the irrelevance between executives' pay and their business performance.It is necessary to classify the way and the extent to regulate executives' pay in state-owned enterprises according to its different nature and function.It is also necessary to re-modify the strict control of executives' pay policy on competitive state-owned enterprises.To achieve selection from the human resources market,we have to improve the market-based mechanism of pay contractual arrangements and implementation between the enterprise and the executives,and then ultimately achieve a high relevancy between the executives' pay and the performance of management.The role of law is to guide,ensure and enhance this correlation.     

LAWMAKING IN CHINA： DEVELOPMENT,ISSUES AND RETHINKING

Since the Reform and Opening period commenced, lawmaking in China has made great achievements, constructed a lawmaMng institution composed of constitution, laws, administrative and local rules and regulations as the source of law, and a legal system composed of constitutional and related law, administrative law, criminal law, civil and commercial law, economic law, social law, and procedure law. However, lawmaking in China faces new issues needing resolution. This paper focuses on the relation of lawmaking between the National People＇s Congress （PC） and its Standing Committee （SC）, between the NPC and the administrative and local organs. Because most laws are enacted by the SC with a small number of elites, but not the NPC with a large number of deputies, the challenge lies in how to represent the people and ensure the people＇s character of the laws. As the administrative and local organs enact the rules and regulations, how can their conformation to the Constitution and laws be ensured？ Is it enough to only depend on an original deliberative mechanism？ China needs to create and develop new mechanisms to resolve these issues.     

DEVELOPING LANGUAGE ACCURACY WITH ESP （LEGAL ENGLISH） COURSES TAUGHT IN NON- NATIVE SPEAKING ENVIRONMENTS

The article deals with the issue of linguistic accuracy in the broader context of teaching legal English. The development of any legal English syllabus should rely on the careful balancing of legal and linguistic emphases at every step and in every aspect of the course--from the preparatory stage of selecting learning materials to the final stages of language output. The commitment to this sort of balance is illustrated by means of accuracy-sensitive examples from the Anglo-American court practice and serves as the foundation in the development of in-class tasks and activities. Language instructors are to consistently guide the learners＇ progresses by providing the appropriate forms of activities and constant feedback. Teaching legal English in non-native speaking environment demands more attention to cultural issues. Defining all the elements of the course against learners＇ cultural background can facilitate the acquisition of legal and linguistic skills and prepare them for future encounters with other legal systems.     

RULE OF LAW IN CHINA-- LEGISLATION REASONING AND ENFORCEMENT OF ANTI-MONOPOLY LAW IN CHINA AND THE WEST

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.     

The law and its interpretation do play a role in the elimination of xenophobia： A South African case study

The examination of certain legal aspects of xenophobia has shown that the law and its judicial interpretation do on the one hand server to safeguard against xenophobia and to eliminate it where it still prevails, on the other hand they can however serve to entrench it~. It is believed that in future, South African courts will continue to be proactive in the elimination of xenophobic tendencies wherever they may be encountered in the legal context and that law reform will eradicate laws which generate the impression that they are xenophobically motivated.     

Small arm transfers and state complicity in international law： Challenging the limitations

Small arms have been frequently used in perpetration of human rights violations, and thus need to be subjected to legal scrutiny. This piece attempts to contribute this aim by making a legal analysis of the issue of state complicity in arm transfers. Drawing a frame of applicable laws, it highlights the importance of Article 16 of the ILC Draft Articles on State Responsibility where the notion of complicity in international law is typically designed. Moreover, this piece finds the scope of protection provided within this Article limited, and contends that the boundaries of liability for complicit acts must take into account the contemporary political, social, and economic settings for a wider understanding of complicity.     

An analysis to the foundation of rule of law in Civil Society

Civil Society refers to the civil organizations and activity space existing in society but outside the control scope of a government, and it is a society formed by citizens and the totality of citizen communication. Civil Society has a close connection with the law as the law just derives from regulations of Civil Society and acquires political form through a country. Civil Society is the social cultural foundation of laws and the rational regulation of Civil Society is the foundation on which the legal order is established.     

LEGAL DISPUTES OF MARITIME BOUNDARIESDIMENSIONAL CASE STUDY OF THE THAILANDCAMBODIA

The principal aim of this research is the quest for a well-balanced legal system that reconciles predictability and flexibility in the law of maritime delimitation. As with all types of law, the law of maritime delimitation should possess a degree of predictability. The other flexible considerations of geographical are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a diversity of factors in order to achieve an equitable result？ This, according to the author, is the question at the heart of the law of maritime delimitation. This issue in depth by looking at three aspects of the question.＂ first by looking at the two opposing and contrasting approaches evident in the evolution of the law of maritime delimitation; second, by undertaking a comparative study of the case law and State practice; and third, by examining the theoretic 1958 Geneva Conventions and the pioneer ruling in the North Sea Continental Shelf case.＂ the inherent and ＂ab initio＂ rights of the coastal State, the requirement for delimitation by agreement, and the emphasis on the role of equity. But much remained to be worked out by State practice and by jurisprudence; and in such a novel field, it is perhaps not surprising that there have been many inconsistencies and reversals. There could be no better guide through this labyrinth than whose sureness of direction is based on very detailed study, All problems underlie the law of maritime delimitation. Nowadays, many studies have been written in the field of maritime delimitation. Most of them have focused on the case law. In fact, as is shown in the bibliography, there are many articles relating to inter-national judgments in this field. Since it has been argued that the law of maritime delimitation has developed through international jurisprudence, it was only natural that writers turned to the analysis of case law in this field. By contrast, State practice concerning maritime delimitation has not been suffici     

PARTY AUTONOMY IN THE APPLICABLE LAW TO RIGHTS IN REM TO MOVABLES UNDER THE CHINESE ACT ON THE LAW APPLICABLE TO CIVIL RELATIONS WITH A FOREIGN ELEMENT： A COMPARATIVE REVIEW

It is widely recognized that a right in rein to movables is to be governed by the law where the movable is located, while party autonomy is confined to the choice of law in contractual matters. Recently there have been calls to extend party autonomy to right in the choice of law in rights in rein to movables. The 2010 Act of the People＇s Republic of China on the Law Applicable to Civil Relations with a Foreign Element （the Act） is a legislative move. The question, however, remains whether it is reasonable for mandatory property law to be left to the choice of parties, in particular in an age when transborder movement of movables is frequent. This paper analyzes the issues of party autonomy and applicable law to rights in rein to movables.     

SIMULARIZING VIJNANA AND DESIRE,REPEATING YI AND JUSTICE： TRANSPLANTING DELEUZEAN BECOMING INTO THE MACHINE OF HONG KONG ANTI-DOMESTIC VIOLENCE LAW

The law controlling domestic violence in Hong Kong was amended in 2008 and 2009 The revised law introduces a new injunction order which can mandate that abusers attend counseling programmes, and extends legal protection to same-sex couples. As the author have argued elsewhere, the changes in the law can create （gender/sexual） justice as both issues engage with traditional Han-Chinese culture. Nonetheless, with the implementation of the new machine, the following two questions still need to be addressed. Can the changes produce justice？ What is justice？ This paper investigates, in Deleuzean terms, how the machine of anti-domestic violence law in Hong Kong creates the becoming of justice. Hopefully, the examination of this issue can also shed light on the future development in mainland China of the law controlling domestic violence.     

Constructive condition and application of law of preliminary question

Preliminary question, a legal problem often involved in foreign marriage and foreign succession relations, has ever been discussed by masters in private international law. In the field of private international law study in China, the research on preliminary question has been the receiving and continuing of the British private international law expert, Morris. But his theory of preliminary question is open to question. This article restates the conditions and application of law of preliminary question of from both the theoretical and practical aspects and raises the author＇s new points and propositions.     

THE EVOLUTION OF POLICY AND LAW FOR SUSTAINABLE DEVELOPMENT IN CHINA

This article examines the evolution of politics and laws related to sustainable development in China. Sustainable development has been positioned as an economic development strategy many years ago. However, in earlier times, it bore a heavy tint of national strategy, followed by a kind of soft sustainable development with a technological orientation. The recent decade has seen China on track for strong sustainable development. At the present, China is around the turning point of the ＂Environmental Kuznets Curve,＂ where both domestic and international multiple pressures are forcing the whole country to make new choices for its dimension of sustainable development strategy. Although sustainable development has been recognized by the legal field of environmental resources, it is still not yet fully integrated into other areas of law. The period from weak to strong sustainable transition is accompanied by another transition, more significant in China, from industrial civilization to ecological civilization. Compared to weak sustainable development, the complex and contradictory character of strength has brought more challenges. Sustainable development of dualism and compromise, which corresponds with the actual needs in China, is an important theoretical basis and practical standards for implementing the scientific view of development. Finally, it concludes by noting that ecological civilization is attempting to solve the problems from a more broad perspective, and to pay more attention to public participation, at the same time to cover the shortage of environmental legislation.     

Constitutional enforcement of socio-economic rights： South African case study

The entrenchment of socio-economic rights in the South African Constitution is a critique. It is submitted that a constitution that pretends to guarantee rights which cannot be judicially enforced should not be considered a serious legal document. In this paper, particular attention is paid to the far-reaching judgment by the Constitutional Court in Mazibuko and others v The City of Johannesburg. The questions posed and answered relate to issues such as the enforceability of socio-economic rights entrenched in the constitutions.