解读新“INTERNET条约”——《WIPO保护广播组织条约草案》述评

《WIPO保护广播组织条约草案》反映了现代传播技术发展背景下广播组织的时代需要,它扩大了广播组织主体的范围,增加了广播组织的权利内容,强化了对技术措施的保护,并在均衡广播组织与广大公众之间利益的基础上,规定了权利的例外与限制.《WIPO保护广播组织条约》的即将出台,将和WIPO的另两个条约WCT和WPPT共同构成一个完整的"INTERNET条约"体系,对我国著作权法将产生重大影响.     

A Proposal for a New Rule of Adverse Possession

In this paper, I propose a new rule of adverse possession whereby the occupier acquires title if the owner does not raise an objection to the occupation within the legal limitation and at the same time the owner himself has not met the legal standard of monitoring effort. I show that the proposed rule with suitably chosen legal standard of monitoring effort can improve efficiency relative to the current rule of adverse possession.     

国际商事仲裁中当事人意思自治领域的新发展——以《纽约公约》第5、6、7条的修改为中心

《纽约公约》是当今承认与执行外国仲裁裁决领域最具影响力的国际公约,自1958年生效以来,已经得到约140个国家的承认。《纽约公约》对促进国际经贸的发展作出了巨大的贡献,但在近半个世纪的适用实践中,它也暴露出一些不足,在某些方面还引起了较大的争议。本文从仲裁的本质出发,论述如何通过对《纽约公约》的修改,扩大当事人意思自治的范围,营造一个更有利于国际商事仲裁的环境。     

A New Programme for a New LLB: An Initial Evaluation

This article concerns an induction programme devised for an LLB degree. The background to the implementation of the induction programme is explained and its contents related to the learning and teaching theory. The results of an initial evaluation of the induction programme by the students are analysed and used as the basis for recommendations for modifications to this induction programme and for induction programmes generally. It is noted that there is little written about induction programmes for law degrees; some of the comment in this paper is subject specific, particular note being made of the use of thematic material to which students can easily relate; the need to emphasise and periodically reinforce links between the different aspects of the curriculum is also highlighted, as part of the need to make clear the academic focus of and investment for the future afforded by an induction programme.     

Proposal for a future delivery market for transplant organs

Improvements in surgical procedures and immunosuppressive practices have greatly increased the range and success rate of organ transplants. Unfortunately, supply does not meet demand, and demand is increasing. This paper documents the current level of unsatisfied demand for several transplantable organs, and argues that the extant system of altruistic organ donation is unlikely ever to provide adequate supply because of lack of incentives to donate and the ambiguity surrounding property rights over transplantable organs. A greater reliance on markets would help attenuate these problems. However, unorganized private spot markets for human organs are likely to be both inefficient and inequitable, and are perceived as morally offensive. A feasible alternative is an organized, publicly operated future delivery market, wherein an individual can contract, for valuable consideration, with a government agency for delivery of a specific organ upon death. The implementation of such a market would encounter difficult (but not intractable) problems such as price determination, the selection of a medium of exchange, and contractual issues, particularly the role of minors in such a system. Finally, it is argued that such a market is superior to the much-discussed compulsory expropriation alternative.     

Non‐Legislative Rule Making after the Lisbon Treaty: Implementing the New System of Comitology and Delegated Acts

The reform of comitology and the introduction of the new instrument of delegated acts in the Lisbon Treaty were followed by protracted negotiations on the implementation of both articles. This article examines the resultant system that has emerged for both types of non‐legislative instruments. In the area of implementing acts, a new regulation sets out important changes: a reduction in the number of procedures, the extension of the scope to trade defence measures and the replacement of a referral to the Council with a new appeal committee. With respect to delegated acts, the search for an overarching framework resulted in a Common Understanding. Our analysis not only demonstrates the need to go beyond the treaty provisions in understanding the nature of non‐legislative rule making in the EU, but also emphasises the importance of informal procedures and non‐binding agreements in fully assessing the nature of non‐legislative rule making in this area.     

The EU Proposal for a General Data Protection Regulation and the roots of the ‘right to be forgotten’

The EU Proposal for a General Data Protection Regulation has caused a wide debate between lawyers and legal scholars and many opinions have been voiced on the issue of the right to be forgotten. In order to analyse the relevance of the new rule provided by Article 17 of the Proposal, this paper considers the original idea of the right to be forgotten, pre-existing in both European and U.S. legal frameworks. This article focuses on the new provisions of Article 17 of the EU Proposal for a General Data Protection Regulation and evaluates its effects on court decisions. The author assumes that the new provisions do not seem to represent a revolutionary change to the existing rules with regard to the right granted to the individual, but instead have an impact on the extension of the protection of the information disseminated on-line.     

A Proposal for a Framework Convention on Global Health

This article searches for solutions to the most perplexing problemsin global health—problems so important that they affectthe fate of millions of people, with economic, political, andsecurity ramifications for the world's population. No State,acting alone, can insulate itself from major health hazards.It is for this reason that safeguarding the world's populationrequires cooperation and global governance. What is truly needed,and what richer countries instinctively do for their own citizens,is to meet what I call ‘basic survival needs.’ Byfocusing on the major determinants of health, the internationalcommunity could dramatically improve prospects for good health.A vehicle such as a Framework Convention on Global Health (FCGH)could powerfully improve global health governance. Such a FrameworkConvention would commit States to a set of targets, both economicand logistic, and dismantle barriers to constructive engagementby the private and charitable sectors. It would stimulate creativepublic/private partnerships and actively engage civil societystakeholders. A FCGH could set achievable goals for global healthspending; define areas of cost effective investment to meetbasic survival needs; build sustainable health systems; andcreate incentives for scientific innovation for affordable vaccinesand essential medicines.     

Parallel Proceedings in Investor‐State Treaty Arbitration: Responses for Treaty‐Drafters,Arbitrators and Parties

Parallel investment treaty arbitrations present a demonstrated risk of inconsistent awards. This article examines several ameliorative responses to parallel investment treaty proceedings, executable by treaty‐drafters, arbitrators and parties themselves. The unique jurisdiction mechanics and applicable law in investment treaty disputes frames the responses available. Despite the unique context within which parallel investment arbitrations occur, the challenges they pose to party interests, to principles including legal fairness and to the effective pursuit of dispute resolution closely resemble those posed by parallel proceedings in other domestic and international legal fora.     

Critical Reflections on the Proposal for a Mediation Act for Scotland

This article critically analyses the recent proposal to introduce a Mediation (Scotland) Bill. The proposed Bill aims to introduce a novel process of court-initiated mediation that will oblige litigating parties to attend a mandatory Mediation Information Session. Adopting a comparative approach with the English and Irish civil justice systems, this article analyses the key elements of the proposed Bill and makes proposals to improve it.     

论《欧洲宪法条约》对欧共体共同商业政策的改革

<欧洲宪法条约>(The Treaty Establishing a Constitution for Elarope,以下简称<宪法>)对现行欧盟法律制度进行了全方位的改革.     

The Arms Trade Treaty and international humanitarian law: a Commonwealth perspective

The entry into force of the Arms Trade Treaty (ATT) in December 2014 created an historic opportunity to reduce the human cost of the widespread and poorly regulated supply of conventional arms. The treaty establishes common standards for the international trade of conventional weapons and seeks to ensure that weapons are not used in the commission of war crimes, serious violations of international human rights law and other offences. The paper reviews the definitions and the scope of the treaty and highlights the contributions made by Commonwealth member countries. It makes recommendations to Commonwealth member countries regarding effective implementation and their obligations.