Europe in the Balance: An Appraisal of the Westphalian System

Netherlands International Law Review -     

Anti Race Discrimination Measures in Europe: An Attack on Two Fronts

Abstract In recent years, two measures against racial discrimination have been taken in Europe: the European Union adopted a Council Directive implementing the Principle of Equal Treatment between Persons irrespective of Racial or Ethnic Origin in June 2000; and, in December 2002, the European Commission against Racism and Intolerance, a body of the Council of Europe, adopted General Policy Recommendation no 7 on National Legislation to Combat Racism and Racial Discrimination. This article reviews these two instruments, which show many similarities, but also some differences. The differences are mainly their force, their personal and material scope, and their grounds for discrimination. The relationship between the two, and how they influence and strengthen one another to increase the pressure for adequate and effective legislation within the Member States of the European Union, is discussed and analysed.     

Dominance in the Tetra Pak Case: An Empirical Approach

The 1991 decision of the European Commission on the Tetra Pak case was based on information which seemed to prove the firm's anti-competitive behavior. The Tetra Pak case is investigated here focusing on the meaning of multimarket dominance, using empirical techniques. We find that a more rigorous analysis of the data available would not confirm the Commission's assertions. That is, it cannot be concluded with certainty that the Commission was right to relate Tetra Pak's dominance in the aseptic sector to its market power in the non-aseptic sector. Our results suggest a general framework for the analysis of abusive transfer of market power across vertically or/and horizontally related markets.     

走向文明的批评：现实与诗性之间——论埃·威尔逊的批评观

美国20世纪著名文学和社会批评家埃德蒙·威尔逊以不辍笔耕的半个世纪向公众展示了他独特的文学批评观.从早期的批评代表作品《阿克瑟尔的城堡》到后期的《走向芬兰车站》,威尔逊坚持认为文学批评是对一个民族文明发展轨迹的综合把握,这种综合是指文学批评的诗性、社会性和公共性的统一.只有这样,文学批评才能保持长久的生命力,才能更为有效地完成诠释文本、触动公众和服务社会的使命.     

Offender Theme Analyses in a Crime Narrative: An Applied Approach

There is a great deal of research on the structure of narrative and its mode, and on the narrative positioning and counter positioning of the actor in legal and social contexts. In offender narratives, personal experiences are embedded for observation and analysis of particular realities that contextualize a disposition of the perpetrator being ‘an undergoer’ rather than an ‘effector’ of actions. This is evaluated in the shift from a narrated action to a speaker utterance in prospection and also in anticipation of the criminal act. Using ‘grammatical logic’, it is also possible to demonstrate how the crucial event (the crime) is not a cause, but an effect of a personal theme that encapsulates pattern of circumstances when the narrative outcome in criminal narrative becomes the product of its discursive practices. This is the ‘story of intentionality’ (my term) in crime narratives, characteristically embedded within the 1st the story of crime, the 2nd is the story of investigation [14, 20]. Using techniques from functional grammar and critical stylistics for discourse analysis, I intend to show an effective approach for the search of offender theme that underlies an act of crime. These disciplines provide the analyst with the linguistic material to analyse intersentential cohesion in a chain of semantically linked sentences (in written or spoken discourse) that explore the ways in which things are ‘made to look’ in the structure and functions of the English language. As a case study, I am using an offender narrative from Tony Parker’s book Life After Life: Interviews with Twelve Murderers (1990) showing an effective approach for the search of personal themes underlying the act of crime. Offender theme analyses are also valuable for evaluating the changing nature or development of offender characteristics pre or post crime.     

Arts Marketing Performance: An Artistic-Mission-Led Approach to Evaluation

Marketing in the arts sector has evolved during the past decades from a functional tool to a business philosophy. At the same time, a relational view of art as experience has emerged in contemporary arts philosophy, highlighting the role of arts consumers in the creation and reception of arts. As a consequence, arts consumers have gained a central position within the artistic mission of arts organizations, posing new challenges to the role of arts marketing both as a practice and as an academic discipline. Against this background, financial figures and audience numbers are insufficient indicators of the contribution that arts marketing makes to the functioning of arts organizations. This article suggests evaluating the performance of arts marketing based on the contribution made to the achievement of the arts organization's artistic mission and proposes a model based on Kaplan and Norton's Balanced Scorecard to guide the artistic-mission-led evaluation of arts marketing performance. By paying attention to the new strategic role of arts marketing within the emerging relational view of the arts and by integrating recent literature on performance management in nonprofit organizations, we make a theoretical contribution to the body of knowledge on arts marketing performance evaluation.     

环境权新探

环境权是一项基本人权,无需许可,不能剥夺,不可让渡,而环境开发利用权属于一种财产性权利,通常需经许可而取得,其行使须遵循特定程序,因此环境开发利用权不属于环境权的内容。由于后代人具有范围和时间上的不确定性,不宜将后代人纳入环境权的主体范围,但视后代人环境权利为一种道德权利则是可取的。同时环境权利与环境义务在环境法律关系中的错位以及权利与义务在主体间分配的不均衡性表明环境权不能既是权利又是义务,环境权主体并非环境权利和环境义务的统一体。     

Patent Protection in Europe: Integrating Europe into the Community or the Community into Europe?

Patent protection in Europe basically rests on two pillars: national grants or grants from the European Patent Organisation (EPO). The EPO grants patents by a centralised procedure with uniform conditions, but once granted the patents become national and subject to the divergent national laws of EPO–Member States. The system has been very successful, so successful, indeed, that it overshadowed the Community's many unsuccessful attempts to set up a Community patent system of its own by way of a convention between Member States. As the Commission has recently stepped in by proposing the establishment of a Community Patent system by way of regulation, a kind of 'cooperative rivalry' has arisen between the Community and the EPO about how to unify patent protection in Europe. This rivalry not only mirrors divergent views on the politico–economic functions of the patent system, but also is illustrative of different concepts of regional integration in a context of global competition for innovation.     

欧洲群体诉讼机制介评

引言现代化大生产和科技进步创造出了惊人的物质财富,同时也催生出“大众侵权行为”这种社会病。这种能够同时危害多数人合法利益的不法行为所引起的纠纷就是所谓的“现代型纠纷”,〔1〕其侵害的利益一般被称为“扩散性利益”。〔2〕矫正、惩戒乃至预防大众侵权行为,救济恢复已     

Reforming Relocation Law: An Evidence‐Based Approach

In recent years, there has been much discussion within international fora about the need for a greater consensus on how to approach relocation cases. Empirical research on the lived experience of parents and children who have been through relocation disputes has an important role to play in providing an evidence base for decisions on policy. In this article, we summarize the findings of a 5‐year prospective longitudinal study of relocation disputes in Australia and make recommendations in the light of this and other research evidence concerning a new approach to relocation law. We argue that there should be no presumptions. Nonetheless there is an appropriate place for legislative or appellate guidance on how to approach these disputes. “Good faith” should be irrelevant to decision making, and children should not be placed in the center of the conflict. The adjudication of relocation disputes should be on the basis of asking three questions: First, how close is the relationship between the nonresident parent and the child and how important is that relationship developmentally to the child? Second, if the relocation is to be permitted, how viable are the proposals for contact with the nonresident parent? Third, if the relationship between the child and the nonresident parent is developmentally important to the child and is likely to be diminished if the move is allowed, then (a) what are the viable alternatives to the parents living a long distance apart? and (b) is a move with the primary caregiver the least detrimental alternative?

Key Points for the Family Court Community
• Describes the findings of empirical research on relocation disputes in Australia on the lived experience of children and families postrelocation disputes.
• Reviews various features of relocation law and proposals for reform in the light of this research evidence.
• Proposes an approach to deciding relocation cases based upon three essential questions.

     

执法检查:立法程序外完善法律的制度途径

在执法检查实践中,全国人大常委会创新性地将这一监督平台嫁接到为完善法律服务这一立法任务之中,从而在立法程序之外建立其一个有助于适时监控和提高立法质量的强大信息收集系统。迄今为止,这一制度功能尚未得到充分和有效的发挥,依然存在较大的完善空间。但这个制度创新的过程则充分表明全国人大常委会已经成长为一个比较成熟的政治系统和立法机关。     

Social Factors in Adolescent Deviant Behaviour in Hong Kong: An Integrated Theoretical Approach

This study examines various social correlates of adolescent deviant behaviour in Hong Kong. An integrated theoretical model is constructed which incorporates variables derived from major theories of juvenile delinquency: namely, differential association theory, control theory, strain theory, and labelling theory. Data were collected through a self-report questionnaire administered to a sample of 1,139 students from ten randomly selected secondary schools during early 1986. Path analysis is performed so that the direct, indirect, and total effects of each of the variables can be estimated and compared with those of other variables. Findings suggest that differential association theory can make the greatest contributions in explaining adolescent deviant behaviour in Hong Kong, followed by control theory and labelling theory. Strain theory did not receive any support from the data. Theoretical implications of the results are discussed.