King Cotton, Developing Countries and the 'Peace Clause': The WTO's US Cotton Subsidies Decision

Although the World Trade Organization (WTO) is a powerful vehiclefor promoting economic development, the Uruguay Round has beenperceived by developing country WTO members as an unequal bargain.Especially with respect to agriculture, the Uruguay Round yieldedonly limited concessions. In September 2003, Doha Round effortsstalled at Cancún when developing countries coalescedto oppose a proposal that insufficiently liberalized trade inagriculture. In March 2005, the Dispute Settlement Body adopteda panel decision upholding Brazil’s legal challenge ofUS subsidies to cotton producers. The US Cotton Subsidies decisionrepresents a dramatic victory for Brazil and other developingcountry WTO members. The timing of the decision, coincidingwith ongoing Doha Round agriculture negotiations, ensures thatit will influence any outcome of the Round. This article examinesthe US Cotton Subsidies decision, describes the subsidy programsat issue in the dispute, reviews applicable WTO rules, and outlinesthe major findings of the panel and Appellate Body. The articleconcludes that Brazil’s victory in US Cotton Subsidiesmay represent a broader shift within the WTO away from a systemdominated by the US and EC toward a system that increasinglyis influenced by emerging market economies.     

Attempt: The Conduct Requirement

The law relating to the conduct requirement for criminal attemptsis confused and incoherent. This article examines this incoherence,rejects the Law Commission's provisional proposals to splitthe crime of attempt into two separate inchoate offences andsuggests a reformulation of the conduct requirement in attempts.     

Who Wants Informal Courts? Paradoxical Evidence from a Yugoslav Attempt to Create Workers' Courts for Labor Cases

The comrades' courts of the East European socialist countries are considered by those who favor alternative means of dispute resolution to be admirable examples of informal courts in modern industrial societies. However, these courts have not been extensively investigated. This article presents the results of an intensive observational study of one kind of socialist alternative court, the Yugoslav Courts of Associated Labor, comparing them with an ideal model of informal courts and with the available data on comrades' courts in other East European socialist countries. We find that, in contrast with the latter, the Yugoslav courts are indeed workers' courts, in the sense that they are used by workers—over 90% of their cases are brought by individual workers. On the other hand, they are not workers' courts in the sense of being controlled by workers—they are instead dominated by legal professionals. We conclude that these Yugoslav courts are attractive to individual workers precisely because they are not informal, social courts, but rather are independent legal agencies from which workers may receive unprejudiced decisions and substantial remedies.     

Using Private-Public Linkages to Regulate Environmental Conflicts: The Case of International Construction Contracts

The article takes a pluralistic view of the 'trade-environment' conflict by exploring one of the settings of this conflict: the lex constructionis – international construction law. It seeks to unravel the way in which the unique structural-cultural attributes of this legal domain have affected its environmental (in)sensitivity. The article's main argument in that context is that the contractual tradition of the lex constructionis (as manifested in the standard contracts that dominate this field) and its unique institutional structure, have created a culture of ecological indifference. This culture has important practical consequences because of the deep ecological problematic of international construction projects. The article develops an alternative contractual model, which depicts the construction contract as a semi-political mechanism, rather than a private tool. This conceptual change seeks to break the public/private separation that characterizes the contractual discourse in the international construction market. The article explores, further, whether this alternative contractual vision could be realized in practice, and proposes several implementing modules which could further this goal. While the article explores a particular international regime, its methodology and conclusions – in particular, the political-constitutional interpretation of the contract and the critique of the public/private dichotomy (see sections III.3 and III.4) – should be relevant to the regulation of many other (national or international) environmental dilemmas.     

The Precautionary Principle and the Ecosystem Approach in International Law: Differences, Similarities and Linkages

The precautionary principle and the ecosystem approach are often mentioned in one breath. This article explores the differences, similarities and relationship between the two concepts. In a comparative and integrated assessment, it addresses, among other things, the purpose, core elements and status of the precautionary principle and the ecosystem approach under international law, the role of scientific information in their application, and the management actions associated with their implementation.     

Children's Rights to Representation: A Comparison Between Sweden and England

In both England and in Sweden, the approach to a child's rightto representation differs between public law cases and privatelaw cases regarding legal custody/parental responsibility, residenceor contact. This article discusses the basis for this distinction,and how far it accords with the best interests of the child.     

治安预警机制：社区警务建设的新尝试

在社区建立治安预警机制是完善社区警务,有效打击、预防犯罪,维护社会稳定的一项重要措施。在社区警务中构建治安预警机制应根据社区警务的特点,确立和发挥其在社区警务中的功能,完善以警情通报制度为中心的信息通报、披露制度,完善治安预警的相关机制,扩大适用范围。     

South Australia's Judicature Act Reforms of 1853: The First Attempt to Fuse Law and Equity in the British Empire

In South Australia in 1853, 20 years before the judicature system was introduced in England, legislation was passed to fuse the administration of law and equity. This article first describes the South Australian reform and then considers the sources from which it might have emanated and the motives behind its enactment. It shows that, however boldly the reform may have been conceived, the practical impact of the reform on the administration of justice in South Australia was very slight. Reasons suggested for this fact include the predominance of English ideas in nineteenth century Australia and the sudden but at the same time voluntary nature of the change introduced by the legislation.     

重构国际经济法基本原则体系之理由和尝试

本文写作的预设前提是国际经济法作为一个法律部门有其基本原则.但现行基本原则有重大缺陷.论证缺陷存在及其理据分析,并给出笔者自构的基本原则体系,则是本文着笔之重点所在.但不探讨与比较基本原则、国际经济法基本原则之定义.     

移植与创新:法律援助合同项目模式在中国的适用

法律援助合同项目模式诞生于美国 ,它对完善美国法律援助制度 ,使美国成为世界上发达的法律援助国家起了重要作用。我国应建立法律援助合同项目 ,建立我国法律援助合同项目势所必然 ,在移植美国法律援助合同项目模式中应从合同主体、性质、适用范围、条款等方面创新。     

EU Accession to the ECHR: Between Autonomy and Adaptation

After the European Union's accession to the European Convention on Human Rights the EU will become subject to legally binding judicial decisions of the European Court of Human Rights (ECtHR) and participate in statutory bodies of the Council of Europe (Parliamentary Assembly; Committee of Ministers) when they act under the Convention. Convention rights and their interpretation by the ECtHR will be directly enforceable against the EU institutions and against Member States when acting within the scope of EU law. This will vest the ECHR with additional force in a number of Member States, including Germany and the UK. All Member States will further be subject to additional constraints when acting under the Convention system. The article considers the reasons for, and consequences of the EU's primus inter pares position under the Convention and within the Council of Europe, and the likely practical effect of the EU's accession for its Member States.