Bahamas: procedural law

This article investigates the legal basis for the implementation of sustainable development in Nigeria. It analyzes several contemporary challenges of sustainable development in Nigeria as well as the obstacles hindering the effective implementation of sustainable development in Nigeria. The article suggests several legal and policy strategies that will enhance the implementation of sustainable development in Nigeria and emphasizes the need for legal and policy measures that will stimulate the participation of citizens in the implementation of sustainable development.     

Regulating security on the Internet: control versus trust

ABSTRACT

This article focuses on the role of government in relation to cybersecurity. Traditionally, cybersecurity was primarily seen as a technical issue. In recent years, governments have realised that they, too, have a stake in securing the Internet. In their attempts to grapple with cybersecurity, governments often turn to technical solutions to ‘code away’ illegal or undesired behaviours. ‘Techno-regulation’ has become popular because it may seem to be an effective and cheap way of increasing control over end users’ behaviours and increasing cybersecurity. In this article, we will explain why using techno-regulation has significant downsides and, therefore, why it may be unwise to use it as a dominant regulatory strategy for securing the Internet. We argue that other regulatory strategies ought to be considered as well, most importantly: trust. The second part of this article explains that trust can be used as an implicit strategy to increase cybersecurity or as an explicit mechanism for the same goal.     

A Practical View of Strategies for Improving Federal Technology Transfer

While great strides have been made in increasing the awareness of the significance of technology transfer among policymakers and regulators, much still remains to be done. Budgetary problems will not be short-term, and it is likely that the next steps in improving technology transfer must be taken through existing channels. This paper examines strategies for improving technology transfer which might be taken within the federal laboratories themselves, as well as strategies to be followed by government policymakers and private firms. Also examined are alternative measures of technology transfer activity.     

A Uniform, Internationally Oriented Legal Framework for the Recognition and Enforcement of Foreign Arbitral Awards in Mainland China, Hong Kong and Taiwan?

The growth in commercial transactions with Mainland China, HongKong Special Administrative Region and the Taiwan region (Taiwan)as well as the economic integration in the entire area havelead to an increase in disputes. Considering the importanceof arbitration as a mechanism for resolving commercial disputesin the area, the paper discusses whether a substantial "clash"between their legal frameworks for the recognition and enforcementof foreign arbitral awards can be observed. After a criticalanalysis, the paper concludes that these frameworks are eithersubject to or modelled on the New York Convention. Yet, eachhas a distinct approach to the implementation, and dissimilaritiesarise. Furthermore, the specific legal framework for the recognitionand enforcement of Mainland China awards in Hong Kong and Taiwan,and vice versa, still raises some concerns and is not fullyreliable.     

ECFA的法律性质研究

ECFA不仅是一个主权国家中央政府与地方政府授权民间团体签订的协议,也是WTO成员方之间的协议。ECFA属于WTO框架下的＂导致形成FTA的临时协议＂,但这并不代表其法律性质是条约。相反,EC-FA不具有跨国性,不构成条约。在实质上作为中国中央政府与台湾地区＂政府＂之间的协议,ECFA的法律性质应界定为国内法上的行政协议。     

Medicare program; HCFA market research for providers and other partners--HCFA. General notice with comment period

This notice seeks public comments on information needs of Medicare risk contract health maintenance organizations (HMOs) and competitive medical plans (CMPs) and communication strategies that could improve the effectiveness and efficiency of the risk contract program. Under section 4002 of the Balanced Budget Act of 1997, and with the implementation of the Medicare + Choice program, all HMOs and CMPs will contract with HCFA under requirements of the Medicare + Choice program. The information sought in this notice will facilitate future changes in the contracting program, as well as improve information needs and communication strategies under the current risk program. Respondents should prioritize issues raised in the preliminary research and identify and additional areas of information needs and best communication strategies. This initiative is one component of our overall effort to develop a comprehensive communication strategy with Medicare providers and HMOs/CMPs and to develop innovative approaches that will assist all program participants to obtain and use information in the most accessible and effective manner. Preliminary research on the information needs of Medicare risk contract HMOs and CMPs and effective communication strategies has identified a number of areas in which we could provide additional information and potential strategies for communicating that information effectively.     

"废统论"可以休矣

台湾当局在历史上从未要求独立建国,而坚持主张其是中国的合法代表,因此并不存在"国家承认"问题.即使台湾当局宣布"废统",也由于不符合国际法的要求而无法有效建立新国家.历史和现实都表明,台湾地区因不具备国际上曾经发生的国家分离实践的客观条件而不可能真正从祖国分离出去.台湾地区和大陆的和平统一既是两岸人民的意愿,也符合国际法的要求.     

The changing process and politics of health policy in Korea

Korea recently introduced three major health care reforms: in financing (1999), pharmaceuticals (2000), and provider payment (2001). In these three reforms, new government policies merged more than 350 health insurance societies into a single payer, separated drug prescribing by physicians from dispensing by pharmacists, and attempted to introduce a new prospective payment system. This essay compares the three reforms in Korea and draws important lessons about the country's changing process and politics of health care policy. The change of government, the president's keen interest in health policy, and democratization in the public policy process toward a more pluralist context opened a policy window for reform. Civic groups played an active role in the policy process by shaping the proposals for reform-a major change from the previous policy process that was dominated by government bureaucrats. The three reforms also showed important differences in the role of interest groups. Strong support by the rural population and labor unions contributed to the financing reform. In the pharmaceutical reform, which was a big threat to physician income, the president and civic groups succeeded in quickly setting the reform agenda; the medical profession was unable to block the adoption of the reform but their strikes influenced the content of the reform during implementation. Physician strikes also helped block the implementation of the payment reform. Future reform efforts in Korea will need to consider the political management of vested interest groups and the design of strategies for both scope and sequencing of policy reforms.     

三通背景下两岸区际海事法律冲突

自2001年中国大陆与台湾地区先后加入WTO以来,两岸实现三通乃是双方责无旁贷的义务。尽管从2000年修改后的台湾地区＂海商法＂各方面着眼,两岸海事法律领域日趋接近,并渐与国际接轨,但针对两岸海事冲突依然存在的现状,以两岸海事法律冲突独特性为切入点,参考国际通行区际法律冲突解决模式,进而提出实体法融合和特别法先行的具体冲突解决模式,以期为两岸海事规范冲突的早日解决提供可资借鉴的启示。     

论社会转型时期行政执法方式的转变

社会转型时期，由于社会利益的分化导致社会矛盾日益激化，传统的强权式行政执法方式已经不适应诸多社会问题的解决。和解与协商在行政执法过程中的采用有助于政府权力与公民权利的平衡并达到社会的和谐与稳定。但是，这种协商式执法方式的实施应当以法律的基本精神和原则以及行政机关的法定职责为界限。     

Are counter-terrorism strategies effective? The results of the Campbell systematic review on counter-terrorism evaluation research

The events of September 11th have led to massive increases in personal, commercial, and governmental expenditures on anti-terrorism strategies, as well as a proliferation of programs designed to fight terrorism. These increases in spending and program development have focused attention on the most significant and central policy question related to these interventions: Are these programs effective? To explore this question, this study reports the results of a Campbell Collaboration systematic review on evaluation research of counter-terrorism strategies. Not only did we discover an almost complete absence of evaluation research on counter-terrorism interventions, but from those evaluations that we could find, it appears that some interventions either did not achieve the outcomes sought or sometimes increased the likelihood of terrorism occurring. The findings dramatically emphasize the need for government leaders, policy makers, researchers, and funding agencies to support both outcome evaluations of these programs as well as efforts to develop an infrastructure to foster counter-terrorism evaluation research.     

论对“公法人”民事强制执行的限度

对政府等公法人作为被执行人的民事执行案件中存在两难的选择:一方面如果对公法人实施强制执行，则可能有碍公法人公共管理职能的实现，损及公共利益；另一方面如若不能对公法人实施强制执行，则会导致私权无法实现，有损司法权威。因而，为平衡私权之实现与公益之维护，对政府等公法人的执行须遵循必要的限度，给予其“规则礼遇”。对公法人财产的执行，以不影响公务推行为限度；对公法人执行程序的适用，应以维护其良好的信用和权威为保障；对公法人执行措施的适用，应考虑其依法行政的特殊主体地位和有序、高效推行公务，履行公务的履职要求，应限制适用间接执行措施。     

论行政接管的法律规制

行政接管是政府应对和处置金融机构和其它重要行业企业危机的行政强制措施,它的实施极易侵害被接管方及第三方的合法权益,目前我国法律对行政接管的规定很不完善。行政接管应定性为一种行政即时强制,我国应当通过制定《行政程序法》并结合有关单行立法的规定,从实体与程序两个层面对行政接管进行全面的法律规制。     

Comparative effectiveness research under the Patient Protection and Affordable Care Act: can new bottles accommodate old wine?

The Patient Protection and Affordable Care Act (PPACA), as amended by the Health Care and Education Reconciliation Act of 2010, initiated comprehensive health reform for the healthcare sector of the United States. PPACA includes strategies to make the American healthcare sector more efficient and effective. PPACA's comparative effectiveness research initiative and the establishment of the Patient-Centered Outcomes Research Institute are major strategies in this regard. PPACA's comparative effectiveness research initiative is one in a long line of federal initiatives to address the rising costs of healthcare as well as to obtain better value for healthcare expenditures. The key question is whether the governance and design features of the institute that will oversee the initiative will enable it to succeed where other federal efforts have faltered. This Article analyzes the federal government's quest to ensure value for money expended in publically funded healthcare programs and the health sector generally. This Article will also analyze what factors contribute to the possible success or failure of the comparative effectiveness research initiative. Success can be defined as the use of the findings of comparative effectiveness to make medical practice less costly, more efficient and effective, and ultimately, to bend the cost curve.     

Does democracy breed integrity? Corruption in Taiwan during the democratic transformation period

Taiwan’s transformation from single-party authoritarianism to multiparty democracy has been considered one of the best cases among the third-wave democratizations. Has this best-case democratization created a clean government? Does democracy breed integrity? The purpose of this paper is to answer this research question by using corruption measurement data from the Corruption Perceptions Index, Governance Indicators, Global Corruption Barometer, and the Taiwan Integrity Survey. According to the data analyzed in this paper, the people of Taiwan doubt the integrity of their government. This is especially true of their elected officials and political appointees. The message from the data is clear: Taiwan’s democratic transformation has not improved but rather has blemished the integrity of the government. Taiwan needs to exert greater effort to promote integrity, fight corruption, and rebuild public trust in the government. The challenge remains for political leaders to prove that they are not actually fuelling corrupt practices, but doing the best they can to enhance transparency, accountability, and integrity. However, in addition to expecting self-control and strong commitment to integrity from their leaders, citizens must play a more active and aggressive role in building a system of integrity and ensuring good democratic governance.     

How Do Police Respond to Stalking? An Examination of the Risk Management Strategies and Tactics Used in a Specialized Anti-Stalking Law Enforcement Unit

How do police respond to and manage complaints of stalking? To answer this question, we conducted a 3-phase study. First, we reviewed the literature to identify risk management tactics used to combat stalking. Second, we asked a group of police officers to review those tactics for completeness and group them into categories reflecting more general risk management strategies. The result was 22 categories of strategies. Finally, we used qualitative methods to evaluate the files of 32 cases referred to the specialized anti-stalking unit of a metropolitan police department. We coded specific risk management tactics and strategies used by police. Results indicated that a median number of 19 specific tactics from 7 general strategies were used to manage risk. Also, the implementation of strategies and tactics reflected specific characteristics of the cases (e.g., perpetrator risk factors, victim vulnerability factors), suggesting that the risk management decisions made by police were indeed strategic in nature. Qualitative analyses indicated that some of the strategies and tactics were more effective than others. We discuss how these findings can be used to understand and use stalking risk management more generally, as well as improve research on the efficacy of risk assessment and management for stalking.     

A wall of treatments: An integrative problem-solving approach to the prevention of stone-throwing in East Jerusalem

Research summary

There is growing evidence that some proactive policing strategies have shown promising results in reducing crime. Most of these strategies are generally applied separately to address specific components of criminal behavior, while the involvement in the crime itself may be caused by different factors. This raises the question of whether an integrative approach that addresses these factors could be an appropriate approach to reduce involvement in the crime. Furthermore, most of these policing strategies have been applied toward regular crime; this leaves us with the question of whether these strategies would show similar results when political offenses are involved as well. Our study focuses on the political offense of stone-throwing in East Jerusalem, usually by Palestinian teenage boys. We applied an integrative approach in one of the Palestinian neighborhoods in East Jerusalem, which included strategies such as focused deterrence, place-based policing, cognitive behavioral therapy, diversion to nonenforcement tracks, and interventions at the community level. We found a large and significant reduction in the targeted neighborhood compared to similar Palestinian neighborhoods. We have not found evidence of displacement, but rather evidence of significant diffusion of crime-control benefits.

Policy implications

The results of the study suggest that an integrative approach that addresses the risks and needs of minority youth can help reduce their future involvement in political offenses. Furthermore, the implementation of promising strategies in the wider context of policing regular crimes may also be effective in responding to political offenses.     

版权法上的公共领域研究

公共领域是版权法的核心,它是保证作者得以有效运用各种创作素材从而使版权的其余部分得以良好运转的工具。公共领域具有开放性、有主性、不可撤销性和程序性等特征,它以保证作者的创作为前提,但却最终以自身的不断扩大和人类社会的文化繁衍为依归。公共领域在版权法上的生成既是历史的,更是逻辑的,没有公共领域的被承认,也就没有版权的正当性可言,因此公共领域和版权实际上是一同诞生的。公共领域不仅是一种制度存在物,它更是一种思想倾向和方法论,公共领域对版权具有评价和检视功能,它既是版权运行的重要前提,更是控制版权扩张和实现版权目的的重要手段。     

WHAT DOES ACCESS TO JUSTICE REQUIRE? — OVERCOMING BARRIERS TO INVOKE THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This article provides insights on the parameters of that right, including a close examination of the history and text of Article 13, which directly addresses access to justice and other relevant UNCRPD provisions. In addition to the UNCRPD, this article discusses implementation guidance from the Committee on the Rights of Persons with Disabilities, including its guidelines for State Party reports and jurisprudence. The initial reports by eleven States Parties — Argentina, Azerbaijan, China, Costa Rica, Croatia, Dominican Republic, Ecuador, Hungary, Mexico, Peru and Turkmenistan — are also considered. The Committee’s feedback regarding implementation of Article 13 by these eleven States parties is critiqued for being limited and inconsistent. This article then attempts to clarify what effective access to justice actually requires. It does so by focusing on the insights that can be drawn from implementation of Article 13 since the UNCRPD was adopted as well as implementation guidance from the Conference of States Parties, the International Disability Alliance, the World Network of Users and Survivors of Psychiatry and the National Center for Access to Justice. This article concludes with recommendations on how the Committee can improve its guidance on access to justice to help ensure that equal rights will not be illusory for persons with disabilities.     

Modernisation and clean government: Tackling crime, corruption and organised crime in modern Taiwan

Taiwan's formal title is the Republic of China (ROC) on Taiwan because it is the continuation of the government of mainland China that fled to Taiwan in 1949 and has survived there ever since. The rulting party in the ROC is the Kuomintang (KMT, the Nationalist Party of China). The ROC government on the mainland was plagued with problems of corruption at almost all levels, while the regime on Taiwan successfully reinvented itself and oversaw a remarkable economic transformation of that island. This article considered the ROC's corruption problems on the mainland and attempts to explain why these problem shave proved to be so intractable. Corruption played a major part in undermining the Kuomintang's rule on the Chinese mainland. Once the ROC moved its seat of government to Taiwan in 1949, it was forced to take a very different approach to crime and corruption. The next section deals with the evolution of the KMT on Taiwan while the final part of the discussion looks at the problem of organised crime on the island. This revised version was published online in July 2006 with corrections to the Cover Date.