Review Article: International Distributive Justice

The literature on global justice contains a number of distinct approaches. This article identifies and reviews recent work in four commonly found in the literature. First there is an examination of the cosmopolitan contention that distributive principles apply globally. This is followed by three responses to the cosmopolitanism, – the nationalist emphasis on special duties to co-nationals, the society of states claim that principles of global distributive justice violate the independence of states and the realist claim that global justice is utopian and that states should advance national interest.     

You're not going to stop my work, mate

This case highlights potential problems associated with theenforceability of restrictive covenants, and highlights theneed for well-crafted and realistic covenants.     

A comparison of the abuse experiences of male and female adults molested as children

Do the molestation experiences of boys and girls differ? The present study analyzed data from 365 adults molested as children, and compared findings for males and females on the identity of the perpetrator, age at onset and end of molestation, duration of molestation, type of sexual acts, and whether the molestation was reported to law enforcement. Results indicated that boys and girls were equally likely to be molested by natural fathers, girls were more likely to be molested by stepfathers, and boys were more likely to be molested by friends of the family. Molestation started at the same age for boys and girls, but lasted longer and ended at a later age for girls. Males and females were equally likely to experience fondling from the waist down and oral intercourse. However, there were significant differences for incidence of anal intercourse and fondling from the waist up. Findings are discussed in the context of previous research in the field.     

Dilution in the United States and European Union (and beyond) Part II: testing for blurring

Legal context. Dilution by blurring has often been accused ofbeing a vague concept which is difficult to understand and whichhas no sensible limits. Mindful of the need for certainty inthis area, the US Senate and House of Representatives have passedthe Trademark Dilution Revision Act 2006. This Bill (which isdiscussed more generally in Part I) includes a definition ofblurring and a six-point test for blurring. Meanwhile, the EuropeanUnion has been steadily building up jurisprudence in this area. Key points. This part of the article focuses on dilution byblurring, considering how blurring is defined, how it is testedfor and whether US and EU blurring protection is in compliancewith the jurisdictions’ international obligations in thisarea (discussed in Part I). In particular, it considers thenew definition of, and test for, blurring under the US TrademarkDilution Revision Act 2006, and compares the position underthat Bill to the situation in the EU. Practical significance. Assuming that it enters into law, theRevision Act 2006 has serious implications for the proprietorsof famous marks doing business in the US. This article willinform the owners of such marks what protection they will benefitfrom and how this will differ from the protection they willget in the EU.     

Democratic Legitimacy and the 2000 Election

Law and Philosophy -     

From Zero-sum Game to Positive-sum Game: why Beijing tolerates Pacific Island states' recognition of Taipei

The Pacific Islands region might be regarded as one of the most remote and politically least significant areas in the geopolitical and economic considerations of world giants. However, as the regional order of the Asia–Pacific changes rapidly, China has shown more eagerness to engage the island states. Interestingly, Beijing's former arch-rival Taipei still maintains, arguably, considerable influence over the region. This raises a question that is thought-provoking: why is this status quo tolerated by Beijing? Drawing on empirical sources in relation to communication between Beijing, Taipei and these island states, by focusing on how Beijing handles the South Pacific region in general and the six non-recognizing states in particular, this article attempts to tackle the question by distinguishing the difference in Beijing's mentality today from that of 30 or 40 years ago. It argues that the zero-sum mentality of fighting against Taipei in the region has now been replaced by a positive-sum assumption to engage Taipei, as well as the pan-Chinese community in the world, via the PIS, regardless of whether they establish formal ties with Beijing or not.     

Parliamentary Voting Procedures in Comparison

Increasingly, scholars of legislative politics propose comparative analyses of parliamentary voting behaviour across different countries and parliaments. Yet parliamentary voting procedures differ dramatically across parliamentary chambers and ignoring these differences may, in the extreme, lead to meaningless comparisons. This paper presents a first glimpse at a comprehensive data collection effort covering more than 250 parliamentary chambers in 176 countries. Focusing on European legislatures it assesses what explains the differences in the rules among chambers. It is found that incentives linked to MPs’ visibility contribute to explain the transparency of the adopted voting procedures.