和谐世界语境下的发展合作原则

和谐世界更重要在于提倡合作发展的国际和平秩序,并为这一新和平秩序提供宏大思想与行动指导,是中国对国际关系的独立见解.它不仅表述和平共处五项原则,且精要在于确立国际合作、科学发展与共同繁荣的宏大语境.并且,应在对和谐世界深刻理解基础上,结合特定领域,应用性地确定特定制度原则,发展合作原则表达了国家或其他主体合作的法律意识,与和谐世界理念有积极一致性.由于发展合作原则具备制度基础,在新语境中,应成为国际法最具有普遍意义的基础性规范.     

Medicare program; definition of provider-sponsored organization and related requirements--HCFA. Interim final rule with comment period

The Balanced Budget Act of 1997 establishes a new Medicare + Choice program that significantly expands the health care options available to Medicare beneficiaries. Under this program, eligible individuals may elect to receive Medicare benefits through enrollment in one of an array of private health plans that contract with HCFA. Among the new options available to Medicare beneficiaries is enrollment in a provider-sponsored organization (PSO). This interim final rule with comment period defines the term "provider-sponsored organization" for purposes of the Medicare program and establishes requirements related to meeting this definition. We believe that setting forth the definition of a PSO and the related requirements will facilitate the submission of applications to participate in the Medicare program as a PSO.     

南非难民保护制度研究——对难民地位、权利和义务的分析

南非难民保护制度建立在南非《宪法》的基本价值基础之上,国家现行难民立法的概念明显向移民法转移。《难民法案》重构先前压制性的难民制度,代之以人权文化为基础的难民法,其颁布标志着国际法和国内法的有意识的融合,是与其宪政体制相符的。本文着眼于当前各种难民法规关于难民权利和自由的细节规定,如《联合国难民地位公约》和非洲统一组织的难民定义,重点讨论难民地位的定性、难民地位的确定和难民的权利与义务问题,并强调对难民法或者权利的任何解释都必须推进开放和民主社会下有关人格尊严、平等和自由的价值观。     

The Independent Medicare Advisory Committee: death panel or smart governing?

This comment explores whether health care reform legislation establishes an administrative body effectively charged with the rationing of health care resources; insofar as it establishes a presidentially appointed Independent Medicare Advisory Committee (IMAC). IMAC would be charged with "making two annual reports dictating updated rates for Medicare providers including physicians, hospitals, skilled nursing facilities, home health, and durable medical equipment." IMAC's recommendations would be implemented nationally, subject to a Congressional vote. Congress would be granted a thirty-day window to achieve a simple majority for or against the IMAC recommendations. Part I is an introduction. Part II of this article covers the history of American health care. It lays out the federal government's evolving role in the arena of public health and health care, starting in the mid-nineteenth century and continues up to the present day. Part III examines the existing process by which Medicare spending is controlled. This part focuses on the administrative procedures that control Medicare reimbursements. Part IV examines IMAC. This part discusses IMAC's statutory provisions and the administrative transparency laws IMAC would be bound to follow. The close of this part, draws on three analogies as a gauge for how IMAC will operate: Senator Tom Daschle's Federal Health Board (FHB) proposal; the administrative oversight of the Federal Reserve; and the United Kingdom's National Institute for Health and Clinical Excellence (NICE). Part V creates a snapshot of the U.S. health care system as it operates today. This part emphasizes cost, quality, and accessibility of health care, with comparisons to international and state-run health care systems. Throughout this article there are a number of words, phrases, and agencies that have been given acronyms. For convenience, an index of these acronyms is provided in an appendix following the article.     

Relationships and sexuality of imprisoned men in the German penal system--a survey of inmates in a Berlin prison

The lack of concrete scientific data on the sexual behavior of inmates in German prisons is surprising, especially given the extant international scholarship on prison culture and sexual violence. Historically, the most influential publications were Clemmer's "The Prison Community", and Sykes's "The Society of Captives", which both addressed the importance of sexual deprivation and analyzed the impact of sexual victimization on prisoners. Different forms of homosexual contact between inmates include prostitution and "protective pairing", both characterized as "dark" issues--nonconsensual sexual acts--which still have not been scientifically researched. The United States enacted the Prison Rape Elimination Act, 2003, revealing nationwide data on the prevalence of sexual assault within correctional facilities. Prison inmates suffer not only from separation from their spouses or partners, but also from sexual harassment, extortion, and the threat of rape, which has multiple implications for their mental and physical health. This article presents the first German study to record data about the relationships and sexuality of imprisoned men, and was conducted in an adult correctional facility for long-term prisoners in Berlin-Tegel. The survey, which is based on results from a questionnaire taken by voluntary study participants, had a special focus on the occurrence of consensual homoerotic contacts between heterosexual inmates. The emphasis was on the potential impact of such contact on role behavior during confinement, as well as the impact on sexual identity after release. The survey revealed the first data on the incidence and prevalence of sexual violence and coercion within correctional facilities. This article presents the results of this survey for the first time.     

Protection of genetic data in Spain. Analysis based on the general principles of personal data protection]

The genetic data is Spain is not regulated specifically, rather, we must look at the regulation on the protection of data of a personal nature. This is turn, establishes a series of general principles to apply to any type of data. Analysing this with other regulations that are dispersed both in the national and international regulations, we can deduce the rights and obligations in this field. This highlights the fact that one can't dispose of the genetic data in the same manner as the personal data.     

Alternatives for an Arctic Treaty – Evaluation and a New Proposal

This article examines the alternative proposals for an Arctic treaty that have been put forward by scholars and international organizations. The numerous proposals on record draw their inspiration from various sources: chief among these is the Antarctic Treaty System (ATS), but maritime regimes and even principles such as the common heritage of humankind are represented as well. The goal of the article is to examine the proposals in depth to ascertain what is viable and what is problematic in each. This analysis will help in outlining a new treaty that can accommodate both the political realities in the Arctic and the societal goals pursued in the region.     

Establishment of the permanent certification program for health information technology. Final rule

This final rule establishes a permanent certification program for the purpose of certifying health information technology (HIT). This final rule is issued pursuant to the authority granted to the National Coordinator for Health Information Technology (the National Coordinator) by section 3001(c)(5) of the Public Health Service Act (PHSA), as added by the Health Information Technology for Economic and Clinical Health (HITECH) Act. The permanent certification program will eventually replace the temporary certification program that was previously established by a final rule. The National Coordinator will use the permanent certification program to authorize organizations to certify electronic health record (EHR) technology, such as Complete EHRs and/or EHR Modules. The permanent certification program could also be expanded to include the certification of other types of HIT.     

关于"国际法"定义的思考

本文通过对国内外学者有关"国际法"定义的综合分析,认为,在国际法研究中,应树立国际社会共同利益的新观念,以推动国际法和国际法学的发展.     

The Strategic Approach to International Chemicals Management: Lost Opportunity or Foundation for a Brave New World?

Numerous international instruments have been developed to promote sustainable chemicals management. However, until recently, a common overarching framework for sustainable chemicals policy was missing. The Strategic Approach to International Chemicals Management (SAICM) was developed to address this challenge. This article will provide a short overview of the context and the negotiation process of SAICM, and it will give a short summary and assessment of its content. The article will conclude that SAICM is neither a lost opportunity nor the foundation of a brave new world of chemicals policy, but that it establishes a comprehensive institutional framework that can be further developed into an effective instrument of international chemicals policy.     

《反垄断法》与效果理论

我国《反垄断法》确立了建立在效果原则基础上的反垄断法域的运用制度，效果原则确立了国家管辖权行使的法律前提。但这一原则与传统的国际法有关国家管辖权的基本原则——属地管辖原则大相径庭，故自该原则在美国出现以来一直遭到国际法学界的强烈质疑。在此背景下，我国的《反垄断法》明确主张“效果理论”，显然有必要在法学理论上进行充分、周密的分析和探讨。     

论国际法与和谐世界

利用法律尤其是国际法维护国际和平是法学家们的崇高理想,国际条约是谋求国际和平与建立和谐世界的重要方式,推进国际经贸发展与解决经贸冲突是构建和谐世界的重要措施,国际法解决国际争端的目的在于谋求国际和平与建立和谐世界,从谋求国际和平到建立和谐世界是国际法目标的超越。“国际法—国际和平—和谐世界”之间具有内在逻辑联系。     

HIPAA administrative simplification: standard unique health identifier for health care providers. Final rule

This final rule establishes the standard for a unique health identifier for health care providers for use in the health care system and announces the adoption of the National Provider Identifier (NPI) as that standard. It also establishes the implementation specifications for obtaining and using the standard unique health identifier for health care providers. The implementation specifications set the requirements that must be met by "covered entities": Health plans, health care clearinghouses, and those health care providers who transmit any health information in electronic form in connection with a transaction for which the Secretary has adopted a standard (known as "covered health care providers"). Covered entities must use the identifier in connection with standard transactions. The use of the NPI will improve the Medicare and Medicaid programs, and other Federal health programs and private health programs, and the effectiveness and efficiency of the health care industry in general, by simplifying the administration of the health care system and enabling the efficient electronic transmission of certain health information. This final rule implements some of the requirements of the Administrative Simplification subtitle F of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).     

Student health insurance coverage. Final rule

This final rule establishes requirements for student health insurance coverage under the Public Health Service (PHS) Act and the Patient Protection and Affordable Care Act (Affordable Care Act). The final rule defines "student health insurance coverage" as a type of individual health insurance coverage, and specifies that certain PHS Act requirements are inapplicable to this type of individual health insurance coverage. This final rule also amends the medical loss ratio and annual limits requirements for student health insurance coverage under the PHS Act.     

美元霸权与国际货币体系改革论纲

利用美元的超中心地位,无限量地对外供给国际货币的美元霸权,已成为现行国际货币体系失衡与世界经济不稳定的一大痼疾.因此,如何对之有效地加以制约则成为后金融危机时代国际货币体系改革的关键.虽然以SDR为核心的超主权货币可彻底消弭美元霸权的负面影响,一劳永逸地解决“特里芬问题”,但SDR的先天缺陷及改革的复杂性决定了其近期内尚不具备可行性.相反地,基于危机后美元霸权在国际货币体系中不失主导作用但又日渐式微的客观现实,扩大SDR篮子的计价货币种类与达成相应的汇率协调机制,建立起以美元、欧元和主要新兴经济体国家货币在内的多元化国际货币体系则是当前国际社会改革与制衡美元霸权的一个现实选择.     

国际法发展进程中的“观念”及其影响途径

在国际法的发展进程中,"观念"不仅是客观存在的,而且起到了至关重要的影响。不过,在国际法的研究中,以理性主义为认识论的主流学派,并没有对此做出过系统性分析。这正是主流国际法学本身的一个重大缺漏。研究表明,诸如"世界观"、"原则化观念"以及"因果信念"等在国际法的发展进程中,起到了"路线图"、"黏合剂",以及"制度化"等方面的影响。     

Medicare and Medicaid programs; conditions for coverage for end-stage renal disease facilities. Final rule

This rule finalizes the February 4, 2005 proposed rule entitled "Medicare Program; Conditions for Coverage for End-Stage Renal Disease Facilities." It establishes new conditions for coverage that dialysis facilities must meet to be certified under the Medicare program. This final rule focuses on the patient and the results of care provided to the patient, establishes performance expectations for facilities, encourages patients to participate in their plan of care and treatment, eliminates many procedural requirements from the previous conditions for coverage, preserves strong process measures when necessary to promote meaningful patient safety, well-being, and continuous quality improvement. This final rule reflects the advances in dialysis technology and standard care practices since the requirements were last revised in their entirety in 1976.     

Serious tax fraud and noncompliance

Research Summary This article reviews what international evidence exists on the impact of civil and criminal sanctions upon serious tax noncompliance by individuals. This construct lacks sharp definitional boundaries but includes large tax fraud and large-scale evasion that are not dealt with as fraud. Although substantial research and theory have been developed on general tax evasion and compliance, their conclusions might not apply to large-scale intentional fraudsters. No scientifically defensible studies directly compared civil and criminal sanctions for tax fraud, although one U.S. study reported that significantly enhanced criminal sanctions have more effects than enhanced audit levels. Prosecution is public, whereas administrative penalties are confidential, and this fact encourages those caught to pay heavy penalties to avoid publicity, a criminal record, and imprisonment. Policy Implications Although it has yet to be proven that prosecution has a greater or lesser impact on these offenders, increased prosecution might be justified for purposes of moral retribution as well as perceived social fairness.     

The Arms Trade Treaty and international humanitarian law: a Commonwealth perspective

The entry into force of the Arms Trade Treaty (ATT) in December 2014 created an historic opportunity to reduce the human cost of the widespread and poorly regulated supply of conventional arms. The treaty establishes common standards for the international trade of conventional weapons and seeks to ensure that weapons are not used in the commission of war crimes, serious violations of international human rights law and other offences. The paper reviews the definitions and the scope of the treaty and highlights the contributions made by Commonwealth member countries. It makes recommendations to Commonwealth member countries regarding effective implementation and their obligations.