More Twists, Turns and Stumbles in the Jungle: A Further Exploration of Land Use, Land-Use Change and Forestry Decisions within the Kyoto Protocol

This article traces the history of decisions relating to land use, land-use change and forestry (LULUCF) under the United Nations Framework Convention on Climate Change and the Kyoto Protocol, for the period from 2001 until the present. It follows from an earlier article written by the author. As times progress, matters relating to LULUCF become more convoluted and complex. The article explores such issues as the definition of a forest, what constitutes 'Kyoto land', modalities for afforestation and reforestation under the Clean Development Mechanism, greenhouse gas inventories, reporting and reviews, and possible actions to reduce emissions from deforestation. The article also looks at the role of the Intergovernmental Panel on Climate Change and its input into the science and policy-making process relating to LULUCF.     

Guidelines on International Protection: The application of Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees to victims of trafficking and persons at risk of being trafficked

UNHCR issues these Guidelines pursuant to its mandate, as containedin the 1950 Statute of the Office of the United Nations HighCommissioner for Refugees in conjunction with Article 35 ofthe 1951 Convention relating to the Status of Refugees and ArticleII of its 1967 Protocol. These Guidelines complement the UNHCRHandbook on Procedures and Criteria for Determining RefugeeStatus under the 1951 Convention and the 1967 Protocol relatingto the Status of Refugees (1979, re-edited, Geneva, January1992). They should additionally be read in conjunction withUNHCR's Guidelines on International Protection on gender-relatedpersecution within the context of Article 1A(2) of the 1951Convention and/or 1967 Protocol relating to the Status of Refugees(HCR/GIP/02/01) and on "membership of a particular social group"within the context of Article 1A(2) of the 1951 Convention and/orits 1967 Protocol relating to the Status of Refugees (HCR/GIP/02/02),both of 7 May 2002. These Guidelines are intended to provide interpretative legalguidance for governments, legal practitioners, decision-makersand the judiciary, as well as for UNHCR staff carrying out refugeestatus determination in the field.     

职务犯罪死刑存废的理性思考

我国《刑法》为职务犯罪配置了死刑,司法实践中也有贪官被执行了极刑,然而我国职务犯罪的犯罪率却连年攀高,所以这不得不使我们反思我国职务犯罪死刑的设置对于控制职务犯罪的作用。首先从职务犯罪的概念界定谈起,进而从职务犯罪发生的内外因等角度论述我国废除职务犯罪的必要性,并进而就我国目前在未废除职务犯罪的死刑这一现实情况下,探讨如何严格控制职务犯罪的死刑。最后,就未来逐步废除职务犯罪死刑的路径进行具体的设计。     

Procedural Issues in the Anti-Dumping Regulations of China: A Critical Review under the WTO Rules

Since the World Trade Organization (WTO) was established, Chinahas made large-scale efforts to shape its trade remedy systemthrough legal and organizational changes. Through these changes,China could clarify the meanings of WTO anti-dumping provisionsincluding the provision relating to the definition of domesticindustry. Moreover, procedural disciplines on reviews were fortifiedin Chinese anti-dumping system. While the overall improvementsto the trade remedy system of China are evident, definitionsof several key legal terms, including the concept of "relatedproducers", the negligible import standard, and adjustment factorsfor a fair comparison between normal values and export pricesare still absent, and some legal problems relating to priceundertakings and the countermeasure system remain to be solved.China should continue to proceed with the task of clarificationand improvement of its trade rules.     

Establishment, maintenance, and availability of records: amendment to record availability requirements. Interim final rule; request for comments

The Food and Drug Administration (FDA) is amending its regulations on establishment, maintenance, and availability of records. FDA is issuing this interim final rule (IFR) to amend FDA's regulation on the record availability requirements to implement the amendments to the Federal Food, Drug, and Cosmetic Act (the FD&C Act) made by the FDA Food Safety Modernization Act (FSMA). The FSMA amendment expands FDA's former records access authority beyond records relating to the specific suspect article of food to records relating to any other article of food that the Secretary of Health and Human Services (the Secretary) reasonably believes is likely to be affected in a similar manner. In addition, the FSMA amendment permits FDA to access records relating to articles of food for which the Secretary believes that there is a reasonable probability that the use of or exposure to the article of food, and any other article of food that the Secretary reasonably believes is likely to be affected in a similar manner, will cause serious adverse health consequences or death to humans or animals. This expanded records access authority will further help improve FDA's ability to respond to, and further contain threats of serious adverse health consequences or death to humans or animals.     

The Implications of the ASLEF Case

The decision of the European Court of Human Rights in ASLEFv United Kingdom (27 February 2007) will require the governmentto re-visit the law relating to the right of trade unions toexclude and expel individuals because of their membership ofpolitical organisations perceived by trade unions to be hostileto their interests. It is now clear—as was pointed outat the time—that the changes made by the Employment RelationsAct 2004 do not go far enough to meet obligations under theEuropean Convention on Human Rights (ECHR). However, the casealso raises much wider questions about the compatibility ofother statutory restraints on trade union autonomy with Article11 of the ECHR, notably ss 64–67 (on unjustifiable discipline)and 174–177 (on exclusion and expulsion as a whole, andnot only the measures relating to membership of hostile politicalparties). This article considers both the immediate and thewider implications of the ASLEF decision for British trade unionlaw, in the context of what appears to be a greater willingnessof the Strasbourg Court to listen more carefully to trade uniongrievances than in the past. The article also draws attentionto the role of litigation as a trade union strategy to recoverlost rights, and again emphasises the importance of InternationalLabour Organisation Convention 87 and the Council of Europe'sSocial Charter of 1961 (as well as the jurisprudence thereunder)as important sources in the construction of the ECHR, Article11.     

A review of the cognitive interview

Abstract

In this critique of the Cognitive Interview (CI), discussion is organized around four themes; (1) the effectiveness of various components of the CI, (2) the relationship between the CI and other interviewing methods such as the Guided Memory Interview, the Standard Interview, and the Structured Interview, (3) different measures of memory performance and (4) the effect of training quality on interviewer performance. We comment on some of the theoretical and methodological issues to be considered in CI research and the practical considerations relating to the use of the CI in the field.     

International Promises and Domestic Pragmatism: To What Extent will the Employment Relations Act 1999 Implement International Labour Standards Relating to Freedom of Association

This paper explores the rhetoric and reality surrounding implementation of international labour standards in the Employment Relations Act 1999. It focuses on UK commitments relating to freedom of association and considers whether the new legislation goes any significant way towards their fulfilment. The paper begins by outlining obligations which arise from a state's membership of the International Labour Organisation (ILO) and ratification of ILO Conventions. It then goes on to examine indications that, since the change of government in 1997, there has been a significant shift in UK policy relating to such international obligations. The remainder of the paper examines reforms made by the Employment Relations Act to trade union recognition, protection of strikers from dismissal and prevention of anti-union discrimination. It emerges that the Third Way proposed by the present Labour Government entails a complicated detour from the path of full compliance with ILO standards.     

UK: Trustees' obligations under the Data Protection Act 1998

The Data Protection Act 1998 (DPA) regulates the processingof personal data by data controllers. Trustees will be controllersof the personal data relating to their trust. Personal data relates to living individuals who can be identifiedfrom that data, on its own or in conjunction with other informationin (or likely to come into) the trustees’ possession. Although this covers almost any data containing an individual'sname, the Information Commissioner (IC), the UK regulatory authorityfor data protection, gives a narrower interpretation in itsguidance, which concentrates on     

Investigation of Different Ways in Which the CODIS 7.0 May be Used in Mass Disaster Identification

DNA analysis is a key method for the identification of human remains in mass disasters. Reference samples from relatives may be used to identify missing persons by kinship analysis. Different methods of applying the CODIS in disaster victim identification (DVI) were investigated. Two searches were evaluated: (i) relating family relatives to a pedigree tree (FPT) and (ii) relating unidentified human remains to a pedigree tree (UPT). A joint pedigree likelihood ratio (JPLR) and rank were calculated for each search. Both searches were similar in average JPLR and rank. In exceptional cases, namely the existence of a mutation different from the CODIS model, a nonbiological father, a mistake in STR, or incorrect profile association, the UPT search returned one true rank, whereas the FPT search returned no results. This paper suggests a novel strategy to overcome these limitations and increase efficiency in conducting identification of mass disaster victims.     

Mental health legislation and human rights in England, Wales and the Republic of Ireland

In 2005, the World Health Organization (WHO) published its Resource Book on Mental Health, Human Rights and Legislation (Geneva: WHO) presenting a detailed statement of human rights issues which need to be addressed in national legislation relating to mental health. The purpose of this paper is to determine the extent to which revised mental health legislation in England, Wales (2007) and Ireland (2001) accords with these standards (excluding standards relating solely to children or mentally-ill offenders).Legislation in England and Wales meets 90 (54.2%) of the 166 WHO standards examined, while legislation in Ireland meets 80 standards (48.2%). Areas of high compliance include definitions of mental disorder, relatively robust procedures for involuntary admission and treatment (although provision of information remains suboptimal) and clarity regarding offences and penalties Areas of medium compliance relate to competence, capacity and consent (with a particular deficit in capacity legislation in Ireland), oversight and review (which exclude long-term voluntary patients and require more robust complaints procedures), and rules governing special treatments, seclusion and restraint. Areas of low compliance relate to promoting rights (impacting on other areas within legislation, such as information management), voluntary patients (especially non-protesting, incapacitated patients), protection of vulnerable groups and emergency treatment. The greatest single deficit in both jurisdictions relates to economic and social rights.There are four key areas in need of rectification and clarification in relation to mental health legislation in England, Wales and Ireland; these relate to (1) measures to protect and promote the rights of voluntary patients; (2) issues relating to competence, capacity and consent (especially in Ireland); (3) the role of “common law” in relation to mental health law (especially in England and Wales); and (4) the extent to which each jurisdiction wishes to protect the economic and social rights of the mentally ill through mental health legislation rather than general legislation.It is hoped that this preliminary analysis of mental health legislation will prompt deeper national audits of mental health and general law as it relates to the mentally ill, performed by multi-disciplinary committees, as recommended by the WHO.     

关于我国物权法体系结构的思考

法律的体系结构问题是一个按一定逻辑联系将法律规范加以排列组合的问题。各国民法典 (包括其物权编 )体系结构上的差异 ,原于体系设计者选择的逻辑标准不同。法国法系国家在设计其民法典 (包括其物权编 )的体系结构时 ,更注重调整对象标准 ;而德国法系国家在设计其民法典 (包括其物权编 )的体系结构时 ,则更倾向于法权形式标准。本文作者主张以调整对象为标准来分配物权法与债法的内容 ,将作用于商品交换领域的抵押、质押、留置及让与担保等担保制度纳入债法规定 ,而不照搬德国法系国家的作法纳入物权法规定。对物权法内部的体系结构 ,本文作者主张除总则外 ,分所有权、用益物权、相邻权、占有与登记四个组成部分 ,以分别调整物的归属关系、物的用益关系、不动产相邻关系及无本权的动产占有人、不动产物权登记名义人与物之本权人之间的关系。本文作者认为 ,这一体系结构有利于明确物权法内各制度各自作用的社会经济生活领域 ,张扬它们各自不同的目的和功能 ,实现它们各自不同的价值。     

Conditions not to Dispute Wills and the Inheritance (Provisions for Family and Dependants) Act 1975

In this article, the author reviews the recent decision of the HighCourt in In the Estate of Nathan Deceased [2002] N.P.C. 79, TheTimes 6/4/02, relating to the validity and effect off conditionsnot to dispute wills (i.e., gifts by will on condition that thebeneficiary does not seek to challenge the will) and how such conditionsaffect claims made under the Inheritance (Provision for Family andDependants) Act 1975. The decision in this case reveals a considerabletension between the principle of testamentary freedom and the aims andoperation of public policy in this area of the law. In the article, theauthor maps out the changes which will have to be made in statements ofthe law in leading text-books relating to conditions not to disputewills and further argues that certain dicta in the case suggest that theHigh Court has now gone too far in preferring testamentary freedom overpublic policy, opening a door which may yet permit the triumph ofconstructive fraud in some cases.     

Medicare program; clarifying policies related to the responsibilities of Medicare-participating hospitals in treating individuals with emergency medical conditions. Final rule

This final rule clarifies policies relating to the responsibilities of Medicare-participating hospitals in treating individuals with emergency medical conditions who present to a hospital under the provisions of the Emergency Medical Treatment and Labor Act (EMTALA). The final rule responds to public comments received on a May 9, 2002 proposed rule (67 FR 31404) that both reiterated the agency's interpretations under EMTALA and proposed clarifying changes relating to the implementation of the EMTALA provisions. These reiterations and clarifying changes related to, among other areas, seeking prior authorization from insurers for services, emergency patients presenting at off-campus outpatient clinics that do not routinely provide emergency services, the applicability of the EMTALA provisions to hospital inpatients and outpatients, the circumstances under which physicians must serve on hospital medical staff "on-call" lists, and the responsibilities of hospital-owned ambulances. These reiterations and clarifying changes are needed to ensure uniform and consistent application of policy and to avoid any misunderstanding of EMTALA requirements by individuals, physicians, or hospital employees.     

HealthConnect and the duty of care: a dilemma for medical practitioners

This article asks whether medical practitioners' duty of care to their patients will encompass participation in the HealthConnect shared electronic records initiative. Medico-legal aspects of the HeathConnect scheme relating to the nature of shared electronic health record summaries (SEHRS) are examined, focusing on their function as an element of patient care and their ultimate purpose. The analysis is based on the premise that an incomplete and hence inaccurate shared electronic health record summary is clinically and legally more perilous than no record at all.     

Homosexuality and the African Charter on Human and Peoples' Rights: What Can Be Learned from the History of the European Convention on Human Rights?

Despite differences between the European Convention on Human Rights (ECHR) and the African Charter on Human and Peoples' Rights (ACHPR) in terms of the substantive rights guaranteed and machineries to enforce them, both instruments have been foundational in the establishment of organizations that share a common history of rejecting human rights complaints from homosexuals. Although the contemporary jurisprudence of the European Court of Human Rights (ECtHR) on homosexuality may contrast sharply with that of the African Court on Human and Peoples' Rights (ACtHPR) and the African Commission on Human and Peoples' Rights (ACmHPR) – because the ACtHPR and ACmHPR have never upheld a complaint relating to sexual orientation – the early history of the ECtHR and the former European Commission on Human Rights (ECmHR) mirrors the current African stance. This article explores what those seeking to develop gay and lesbian rights in Africa might usefully learn from the historical evolution of similar rights under the ECHR.     

How to induce resistance to the misinformation effect? Characteristics of positive feedback in the reinforced self-affirmation procedure

ABSTRACT

The memory misinformation effect consists in the inclusion in witness testimonies of information from sources other than the given event. In the present article, research which aims to make people resistant to misinformation is presented. It is based on reinforced self-affirmation (RSA), a method designed to enhance participants’ self-confidence and therefore make them more willing to rely on their own memories instead of external sources. RSA includes self-affirmation and positive feedback. In the present research, the efficacy of various kinds of positive feedback was explored. The results of Experiment 1 suggested that positive feedback relating to memory (MemRSA) is effective in reducing the misinformation effect, while positive feedback relating to general cognitive ability is not. In Experiment 2, the superiority of MemRSA over inefficient feedback relating to attention was demonstrated. In Experiment 3, MemRSA was again effective, and more effective than inducing convictions about the independence of judgements, but this also reduced the misinformation effect. The results are discussed from the perspective of witnesses who remember the correct information yet rely on external sources due to a lack of confidence in t aforementioned heir memories.     

National Committee on Vital and Health Statistics: publication of recommendations relating to HIPAA health data standards--HHS. Notice

Section 1172 (f), Subtitle F of Pub. L. 104-191, the Health Insurance Portability and Accountability Act of 1996, requires the Secretary of Health and Human Services to publish in the Federal Register any recommendation of the National Committee on Vital and Health Statistics (NCVHS) regarding the adoption of a data standard under that law. On September 9, the NCVHS submitted recommendations to the Secretary relating to the unique identifier for payers, the unique identifier for individuals, and security standards. Accordingly, the full text of the NCVHS recommendations relating to HIPAA data standards is reproduced below. The text of the recommendations is also available on the NCVHS website: http@aspe.os.dhhs.gov/ncvhs/.     

评析《香港特别行政区与内地相互执行商事判决》建议安排及其最新发展

至今为止,在内地与香港民商事判决的承认与执行方面,尚无相互执行判决的安排。近日以来,内地与香港特别行政区政府正对《香港特别行政区与内地相互执行商事判决》建议安排进行进一步的研讨,以期推动内地与香港两地之间相互承认与执行商事判决的法律机制的构建。根据2005年9月内地与香港就此一事项举行的会议,内地与香港已经就建议安排中的绝大部分议题达成了共识,由此可以预见该建议安排将在不久的将来在内地与香港得以落实。     

Administrative procedures and sanctions; questions and answers relating to the applicability to the petroleum violation escrow funds of regulations of the energy conservation programs--Department of Energy. Ruling

The Department of Energy (DOE) Office of General Counsel issues the appended Ruling to respond to questions relating to the applicability to the petroleum violation escrow funds of the regulations of the energy conservation programs administered by DOE to which these funds can be distributed under Section 155 of the Further Continuing Appropriations Act, Fiscal Year 1983.