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.     

A FAREWELL TO BARRIERS： TOWARDS A FLEXIBLE SYSTEM OF EXCEPTIONS IN CONTINENTAL COPYRIGHT LAW

The paper would analyze the law and economics of introducing flexibility in the system of exceptions and limitations on European Copyright Law. Such flexibility would exist in an open norm on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. First, it would assess problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and commercialization. Second, it would analyze the economic rationale and economic effects of introducing flexibility. Exceptions and limitations in the current copyright system are meant to balance the protection granted to rights owners with the public interest＇s need to make certain unauthorized uses. However, this paper would identify a number of situations that do not fit well within the current set of exceptions and limitations and attribute this to a lack of flexibility. Several of these problem areas have given rise to court proceedings with varying outcomes. The interpretation given by courts to existing exceptions and limitations---such as the quotation right, the exception for transient and incidental copying, the private copying exception, and the incidental use exception--is usually too narrow to respond to new technological developments, new developments in the creation process, or new commercialization models. These types of uses generally do not fit the narrowly defined exceptions and limitations and therefore lack legal basis. The same is true for things not yet invented.     

Ethical and legal dilemmas surrounding bio-banking

The interaction of medical technology and advancements in human life and biological tissue offers many possibilities and issues, for example the area of assisted conception and the identification and treatment of disease. However, hand-in-hand with these, ethical dilemmas arise. The overarching ethical issue surrounding cryo-preserved embryos is： Should an embryo be accorded the status of ＇life＇ or should it be labeled nothing more than ＇property＇？ This question is the interaction between frozen embryos and divorce, adoption, research and terminal incidents; it is a legal and ethical quagmire that cannot be readily resolved. This issue is of particular moral importance when one contemplates the fact that the scientific definition of life is dealt with on a continuum ranging from the metabolic view to the emergence of self-consciousness. The question must become property versus life or, in essence, sale or destruction of property versus sale or destruction of life. As this paper will show, the underlying attitudes of the progenitors involved in cryogenics can be driven by the darker side of our species; that side being the possible exploitation of those individuals or those capable of becoming individuals for personal and community gain while denying or rationalizing that point of view to society as a whole.     

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.     

IDENTIFYING THE CHARACTER OF THE SEPARATE ACCOUNT OF THE INVESTMENT-LINKED INSURANCE PRODUCTS IN CHINA FROM THEORETICAL AND COMPARATIVE LAW PERSPECTIVES--A PERMANENT SOLUTION FOR ISSUES OF PRESENT LAWS AND REGULATIONS REGARDING THE ADMINISTRATION OF SUCH PRODUCTS

A brand new life insurance product, which is known as investment- linked insurance （ILl）, was first introduced in China in 2000 by the China Ping, an insurance company in Shanghai after the ILl was approved by the China Insurance Regulatory Commission （CIRC）. Due to the reduction of the interest rate on ordinary term deposits that began in 2000, ILI products spread quickly nationwide over a two-to-three year period. ILIs became popular with insurers, because they shift asset management risks to the insured and provide relief for the reverse spread problem facing the insurance companies. They became popular with insureds, because they offer an alternative to investments with a potentially higher yield. Although the market share of investment-linked insurance products in China has been noticeably increasing, laws and regulations regarding the administration of the ILI did not seem to correspond to the rapid growth of sales. In addition to the very limited number of articles in insurance law, the only two existing regulations that address the related supervisory issues are the ＂Tentative measures for the Administration of Investment-Linked Insurance＂ announced by the CIRC in 2000, and the ＂Measures Regulating the Information Disclosure of New Types of Insurance Products＂ enacted by the CIRC in 2009. Unfortunately, both Measures are inadequate to resolve complex supervisory problems such as asymmetry of information, suitability, or other standard settings for the conduct of ILl business. This paper argues that the root of their inadequacy lies in the failure of these measures to identify the character of the separate account in each ILl policy and its distinction from the life insurance policy to which it attaches. Without distinguishing the nature of the separate account from traditional ＂insurance ＂, it is virtually impossible to ascertain the category of the contract formed between each policyholder and insurer with respect to each such account and to determine which laws and regulations. On t     

Ontario Education Act and Related Statutes:An Overview

Canada is a federal country with a federal government, but according to the Constitution Act, 1867, "in and for each Province the Legislature may exclusively make Laws in relation to Education". Education is under the exclusive jurisdiction of provincial governments. There is no federal ministry of education, but there is a Council of Ministers of Education to offer provincial ministries and departments of education the opportunity to work together. In each province there is a ministry or de-     

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.     

Comparing civil law and common law systems for mergers and acquisitions An economic analysis

＂From the economic point of view, common law is more efficient than civil law.＂ Is this recent statement published in an economic report valid for mergers and acquisitions （M＆A）？ The main objective of this paper is to compare the legal performance of M＆A in France and in the United States. The purpose is to quantify the impact of both legal systems on the long-term performance of M＆A transactions. To carry out this research, a specific methodology was developed and the results of which are evaluated. Two legal structures for M＆A transactions were retained： the purchase of shares （share deal）, and the purchase of assets （asset deal）. Each of these acquisition structures was then subdivided into eleven steps composing the process, for example from preliminary information, letter of intent, due diligence, stock or asset purchase agreement, closing, to litigation with formal summons. Performance was then measured by taking into account time, cost, and satisfaction factors. The time factor was broken down into person-days and the number of days, weeks, or months required to complete each step. French and U.S. respondents were asked to fill out a questionnaire with reference to a specific acquisition project. A typical question was for instance： What is your estimate of working days to complete this step （person-days）？ Radar charts were used to compare the mean of each performance factor. In order to check for correlations among the performance factors, an inter-factors analysis （regression） was carried out. The research findings are presented in this paper. Results show that a share deal in France is generally cheaper and participants indicate a significantly greater amount of satisfaction than in the U.S. However, for the time factor, the results vary. The conclusion is that the application of the civil code rather than common law does not reveal substantial differences as far as M＆A transactions are concerned. One reason is that in both France and the U.S. these transactions are carried out following standard procedures in compliance with common contractual practices.     

PROTECTION OF VULNERABLE GROUPS DURING ARMED CONFLICTS

Humanitarian scholars have remained concerned with the devastating harm and destructive effects associated with the new means and methods of conducting armed hostilities. Little research has been done in exploring the social-economic impact warfare on the rights of vulnerable groups. In this case persons with mental and physical disabilities are more prone to warfare＇s changing and challenging environments during and after the end of armed hostilities. There is, however, inadequate research depicting how physical or even mental disabilities could be a probable consequence of armed conflicts. Mixed research methods have been used in exploring themes arising from the war-disability relationship. These themes relate to how armed conflicts have caused and impacted the person with disabilities. The case study model is applied by refereeing chosen examples of armed conflicts. Radom case studies have been used.     

Pre-constitutional state of customary law in South Africa

Customary law is often criticized for being in conflict with human rights norms, mainly on the grounds that it tends not to emphasize gender equality and discriminate against women. Although customary law has not in the past emphasized equality between men and women, it cannot be regarded as completely in conflict with human rights1. As already stated, one of the principles of human rights is equality between the sexes. Customary law has the same aim as human rights, which is the protection of human dignity2. The conflict may be largely caused by the fact that, ideologically, African customary law is communal or socialist in approach, whereas human rights are based on the premise that a person has rights by virtue of his or her being an individual human being. Now that we in South Africa have a bill of rights and yet we will still have customary law, the question has been and is still being posed whether customary law is not in conflict with universal human rights. The reason for this is that one of the values that underpin our Constitution is equality.3 Customary law on the other hand does not insist on complete equality in every respect. In particular section 9 of the 1996 Constitution provides for equality before the law and for equal protection and benefit of the law, which entails the full and equal enjoyment of all the rights and freedoms. It further proscribes unfair discrimination based on the listed grounds although it allows steps to promote or advance people or categories of persons who have been disadvantaged by unfair discrimination.     

The sexual harassment and exploitation in employment as a manifestation of discrimination in a workplace

＂Sexual harassment＂ is a key-word used for determining the most different behaviours. In the past Polish legal system there were no terms of harassment, sexual harassment or mobbing, but nowadays those terms have legal definitions in Polish law. The sexual harassment at the work according to the Polish Labour Code is defined as not-accepted behaviour about sexual character or referring to the sex of an employee, of which infringing an employee＇s dignity or humiliating her or him is a purpose or an effect of it. The sexual harassment is a form of harassment. The sexual harassment can be classified not only as a violation of labour laws but also as a prohibited act within the meaning of criminal law or civil law delict. The Sexual harassment can be a single behavior or can also occur as a sequence of behavior. This must be the unacceptable behaviour by a particular victim （not by reference to a standard employee, and generally prevailing standards）. The lack of consent must be expressed in some way on the outside by verbal opposition or demonstrated that opposition in other ways, such as pushing back the perpetrator. Behavior of the offender must be deliberate and intentional and the effect as that does not necessarily has to occur because it is enough to just act intentional. The sexual harassment can include physical, verbal or non-verbal elements. A sequence of behaviour （several activities） which accomplish characteristics of sexual harassment and in addition realize the condition of permanence and durability can also fulfill the characteristics of mobbing.     

LEGAL ISSUES ON CHINA'S ENVIRONMENTAL MANAGEMENT OVER CHEMICALS AND STRATEGIC COUNTERMEASURES

Chemicals,due to their combustible,explosive,toxic characteristics and aptness to jeopardize the environment,human health and public safety,have long been on the top agenda of the governments throughout the world.At present China is a large country in the production,consumption and trading of chemicals with 45,000 kinds already manufactured and in use and some 100 new kinds per year awaiting being registered to enter into the markets.     

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.     

AN OVERVIEW OF THE INSTITUTIONAL MECHANISMS FOR THE SETTLEMENT OF LABOUR DISPUTE IN NIGERIA

This paper is an overview of the institutional mechanisms put in place in Nigeria for the settlement of labour dispute. The paper examines the legal frameworks for these institutional mechanisms. Reference is also made to other jurisdictions for a comparative analysis of the subject matter. The paper concludes with closing remarks.     

Casualisation and international labour standards： The role of trade unions in Nigeria

Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980＇s and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a ＇race to the bottom＇ of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.     

THE EXCLUSION OR INCLUSION OF SELOBEDU LANGUAGE FROM SOUTH AFRICAN CONSTITUTION AS AN OFFICIAL LANGUAGE： A COMPARATIVE ANALYSIS

This paper demonstrates the challenges faced by the Commission for the promotion of Rights of Cultural, Religious and Linguistic Communities. This is one＇of the Chapter 9 institutions in the South African Constitution with a mandate to guard democracy. Languages play a crucial part in promoting and attaining the goals of building democracy and nation. It also protects and develops South African uniquely diverse culture. The use and development of languages is closely linked to the development of culture and identity. This paper also refers to other relevant Acts passed by the state which regulate culture and languages. This paper further endeavours to thoroughly scrutinise the relevant provisions of the South African Constitution which either expressly or impliedly refers to the use of languages, and further examines whether the exclusion of the Selobedu language an official language in the Constitution violates or triumph upon those rights. It further makes comparative study with other countries, especially with countries where the constitution stipulates the official languages of that country, and also differentiates between an official and national language.     

The environmental rights entered in the constitutions： A critique

Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding of the discipline through systematic research and teaching at various levels.1 The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exist with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degradation often affects groups of people and it could consequently argue that the right should protect groups and not just individuals.2     

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 EFFECTS OF CRIMINAL LAW ON ARBITRATION

While arbitration is essentially a private law institution, its various aspects have ties to criminal law. Therefore, it is highly important to examine particular circumstances that criminal law norms may have on the arbitration procedures, or arbitral awards, as well as the consequences of these affects. In this respect, the implementation of the rules of Criminal Procedure, in particular rules regarding inadmissible evidence--in the arbitration proceedings; direct or indirect influence of criminal court judgments on arbitration proceedings; or criminal responsibility of arbitrators, are some of the important issues that deserve to be examined. In this study, these issues will be evaluated with respect to the theory and the practice of Turkish Law.     

SPORTS TOURISM DEVELOPMENT AND ITS REGULATION IN INDONESIA （STUDIES IN THE PROVINCE OF LAMPUNG）

The aims of this paper are to explain about the potency of sports tourism in Province of Lampung and the role of local government to manage it. Geographically, Province of Lampung has the potential exercise of this type, i.e., surfing on the West Coast which faced with the Indonesian Ocean. Sports＇ diving is currently developed in the Kiluan Bay in Pesawaran District. Research questions of this paper are.＂ How is the relationship with the organization of sports events tourism and economic potential？ And how is the role of local government in the implementation of the sport in their region？ This paper uses the literature study methods, so that the data obtained is secondary data. Literatures related to this paper include the official report and the study of literature related to sports and tourism. Conclusions of this paper are.＂ （1） Organizing sports tourism will increase local revenues, especially from the economic sector transaction turnover. An example of this is that the hotel occupancy rate increased with the sporting event. At the macro level, sports tourism impact multiplayer effect, i.e. for people who can catch the tourist potential opportunities, such as selling food （culinary）, and local souvenirs,＂ and （2） Local governments have a role in the development of sports tourism and tourist destinations, with plans in the local regulation. Local governments also play a role in building transport and communications infrastructure in the region as a tourist destination attraction. Tourism promotion should also be enhanced to introduce a tourist destination to the tourists.