小米的商业游戏

正上期的《新闻评论》刚刚以"说易行难"为标题,评论了小米创办人雷军与苹果公司高级副总裁兼总法律顾问布鲁斯.塞维尔2014年11月20日在浙江乌镇举办的"世界互联网大会"上的刀来剑往。当雷军抛出豪言壮语要在五至十年后让小米成为全球第一的智能手机公司,苹果副总裁说,"It is easy to say,it is much more difficult to do.(说的容易,做起来其实很难。)"话音未落,还不到三个星期,爱立信公司就在印度帮助苹果副总裁证明了,小米"做起来其实很难"。印度德里高等法院依据爱立信公司的申请,于12月第二周颁布了针对小米手机的销售禁令,     

RIGHT TO INFORMATION： AN ARDUOUS JOURNEY FROM BRITISH RAJ TO INDEPENDENT INDIA

Democracy is the axis of Indian polity. It requires openness and transparency in every sphere of country＇s governance. Right to Information is the core of openness and transparency. It is not only a lifeline but also an acid test for an alive and vibrant democracy. After a long battle against ＂secrecy-regime＂, Right to Information found legislative sanction in the year 2005. But, the task is not over; because it is not easy to sensitize people in power to do away with the century old colonial legacy of ＂secrecy-regime＂, which helped them to play safely, just by enacting a single piece of legislation. Both political parties and bureaucracy are not accepting the norms set by the Act whole heartedly due to this reason. They often gang up to scrap the Act as well as the decisions of the competent authorities. Massive effort is, therefore, required from every quarter of the society including all democratic institutions to adopt the policy of openness and transparency by putting themselves within the compass of the Act. Only then we would be nearer to the goal of Gandhian concept of ＂Swaraj＂ and     

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.     

The extension of territorial waters

The oceans once belonged to everyone and to no one. Freedom of the seas served the world well for ages. But this anarchic principle is now hopelessly inadequate given the present environmental crisis involving massive water pollution and widespread extinction of marine species. The U.N. Convention on the Law of the Sea （UNCLOS） is all bark and no bite. Other international organizations are similarly ineffective including the International Whaling Commission, International Maritime Organization, and the International Seabed Authority. And regional bodies such as the International Commission for the Conservation of Atlantic Tunas and the Antarctic Treaty System are not much better. So, at least temporarily, it is up to coastal nations to police the waters of the world. The United States, as a superpower, should lead the way. The unilateral extension of U.S. territorial waters will enhance the prospects not only for environmental protection but also economic development and national security. It will also encourage other nations to do the same.     

TRANSFORMATION OF RESTRICTIONS AND LIMITATIONS OF AUTHORS＇ RIGHTS IN INFORMATION SOCIETY

The work created by the author is a unique value, which must be protected against its unauthorised use or piracy. However, the copyright protection should not take a wrong direction, because not only for authors, but as well a common society is entitled to rights protection, especially in the era of new technologies or information society. This article deals with intellectual property protection problems in the information society, when it is so easy to access copyright protected works via internet--such use for personal entertainment in order to get access to and share the achievements of culture and art with friends and family should have copyright restrictions It is high time to discuss the introduction of so-called ＂culture access fee＂, which would allow legal access to copyright protected works with slight blanket payment for all right holders.     

EGYPT＇S PUBLIC PROTEST LAW 2013： A BOOST TO FREEDOM OR A FURTHER RESTRICTION？

On November 24, 2013, Egypt＇s signed into law - the Public Protest interim President Adly Mansour Law after it was proposed by the interim government, and soon it became the main concern in Egypt due to claim that after the ousting of President Mohamed Morsi and of the Muslim Brotherhood, the country is currently ruled by a military-backed government that seeks to restrict freedom and rights in order to introduce a new authoritarian-military rule. The government promoted the law by arguing that it aims to maintain stability and security in Egypt＇s streets and that it only targets factional protest movements and saboteurs. Nevertheless, the law has been widely criticized by human rights groups as well as rights and political activists who say it restricts freedom of speech and that it is an attempt to completely ban the right to protest, not to regulate it as the government claims.     

Protecting the procedural rights of victim

Criminal procedure law of the People＇s Republic of China prescribed victim the status of procedure, and gave them more procedural rights. But it＇s insufficient. It＇s important to give them more procedural rights, e.g. right of appeal.     

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.     

Gender and sexual orientation in women： The double discrimination

Nowadays, sexual orientation is a cause of discrimination with its own autonomy in laws of European Union. The Treaty of Amsterdam, which came into force on May 1, 1999, marks a significant milestone for homosexual, bisexual, and transsexual persons. In this process, the rich experience of the European Union in combating discrimination due to gender in the workplace is very important. The great opportunity created by article 13 of the Treaty of Amsterdam was the extension of protection to a much wider range of discrimination, including sexual orientation. On the other hand, if we consider the situation of lesbian, bisexual and transsexual women in the workplace, it may be very difficult to ascertain if the discrimination is due to their gender or their sexual orientation. In fact, cases of double discrimination are very common. For example, The Commission＇s 1991 Code of Practices on Sexual Harassment states that lesbian women are disproportionately at risk of sexual harassment. This is revealing the potential overlaps between gender and sexual orientation, with a great difficulty to adapt anti-discrimination protections to deal with these situations.     

THE FORMATION OF LOCAL POLITICAL PARTIES IN UNITARY STATE OF REPUBLIC OF INDONESIA CONSTITUTIONAL LAW PERSPECTIVE

As a unitary state which adheres to the principle of local autonomy in 1945 NRI Constitution, Indonesia reflects the character of federalism in the context of the relationship between central and local. The character is reflected on more number of government affairs under the authority of the local than the central. It also reflects that Indonesia actually is a very diverse country, so the plurality must be treated with establishing a decentralized unitary state. Indonesian pluralism is also reflected in the diversity of its people political channels. Unfortunately, in this context, the party system in Indonesia is still highly centralized with the party system with national concern only. This normative law research with theoretical, normative, sociological and historical approaches finds that Indonesia, theoretically, is feasible to implement the local party system in addition to the existing national political party, because it holds the doctrine of the federalism mentioned above. Normatively, the provisions of pluralistic of Indonesia are set out in the Constitution, including provisions on local autonomy which provides a space for the pluralism. The pluralistic of the political channels is sociologically proven by more differentiation of public options in every election. Therefore, for the building of diverse and autonomous Indonesia in the future, a local party system which dichotomous with national political parties needs to be built. It serves as the basis of the strengthening of regional autonomy in the context of the Unitary State of Indonesia.     

SHARIAH GOVERNANCE IN ISLAMIC FINANCIAL INSTITUTION： AN APPRAISAL

With the fast and huge growth and development of Islamic financial institutions, after only four decades, their operation is in the need of continuous improvement and effort of enhancement. Islamic financial system is a combination of innovation and tradition, of ancient values and a vibrant forward-looking design, that says much about the current state of confidence around the world and about the state of the financial services industry, and its potential to contribute not only to the Islamic, but to the non-Islamic world. The base line for any discussion of Islamic financial services is their obvious commercial success. People want them. It is true that Islamic finance is still small compared with the whole global financial system, but the sector is growing fast, as it is illustrated by the fact that total assets in Islamic banks in the world increased by an average of 24% a year. Nor is the market restricted to the Islamic world. Freddie Mac, the US mortgage lending corporation, has been offering mortgage backed- securities as a financing option to the Muslim community in the United States. In London, Europe＇s first stand-alone Islamic bank opened its doors for business in September 2005. Before that, one of the UK＇s biggest retail banks had announced the launch of a Shariah compatible account, claiming that it would make Islamic banking ＂mainstream ＂.     

Cheating in sport： Lithuanian case for legal regulation

Globally much attention is paid to cheating in sports, known as ＂war on performance enhancing drugs＂,＂concern for criminalization＂, ＂eradicating menaces to sport＇s integrity＂ etc. Meanwhile, in Lithuania the legal framework of cheating in sport is quite new and almost every kind of law is theoretically possible, therefore it is important to ascertain the relationship between disciplinary, civil, administrative and criminal law. Two dangerous forms of cheating are chosen to analyze in this work： doping and match-fixing. In conformity with said analysis primary guidelines for potential legal regulation are offered.     

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.     

ECONOMIC JUSTIFICATION FOR A LIMITED COVERAGE FOR UNIFORMITY FOCUSING ON THE LINER SHIPPING SECTOR

The scope of uniformity of seaborne cargo regimes under the UN＇s conventions seems to be more extensive than it is desirable. Game theory provides shipping law with economic justifications for a limited coverage. Only a limited coverage for uniformity, which focuses on the liner sector, is needed for seaborne cargo conventions.     

ENHANCING THE IMPLEMENTATION OF CSR IN DEVELOPING COUNTRIES TO ACHIEVE SU STAINABLE DEVELOPMENT： INDONESIAN PERPSPECTIVE

The existence of Transnational Corporations （TNCs） in developing countries may affect the economic growth in developing countries as well as the environment. It is very common that in order to enhance economic growth in developing countries, the developing countries jeopardize their environment especially over exploitation of the natural resources. Therefore, it is paramount to harmonize between economic growth and protection of the environment.     

Faren Magazine Summary

The Truth of Internet First Antitrust Case
Compared to huge monsters created in digital age such as Microsoft, Google and apple, Tencent whose gross income is no more than 12 billion Yuan is just a up-rising star in the emerging industry. After 3Q disputes smoke drifted away, if people do just rush offering the edged tool of anti-monopoly, then we not only can＇t understand more truth behind the Internet technology owners gaming, still can build a deviation from building a legal market that can maintain fair competition.     

An anthropological perspective on asylum cases

Over a lengthy period of time, the author has acted as an expert witness for people seeking asylum in the United States from West Africa. The author has noted changes in the manner in which courts have treated these asylum seekers from the relatively easy process of the Clinton years to the much more hostile culture of the Bush ones. The author wishes to discuss the manner in which an anthropologist can use knowledge about the culture of the person seeking asylum and that of the political party in power to translate the motives of the asylum seeker in a favorable light. The author provides a number of examples of this process and of the changing culture of political administrations.     

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.