South Africa: highest court orders government to provide antiretrovirals to prevent mother-to-child transmission

On 5 July 2002, South African treatment activists won a significant victory when the Constitutional Court ordered the South African government to make the antiretroviral drug nevirapine available in public hospitals and clinics for the purposes of preventing mother-to-child transmission of HIV. The Court also ruled the government has a constitutional obligation to implement a program to realize the right of pregnant women and their newborn children to access health services to prevent transmission.     

Computer game licences: The EULA and its discontents

This article considers the legal efficacy of terms found in the end-user licences (EULAs) of Massively Multiplayer Online Role-Playing Games (MMORPGs). The article focuses on selected terms in the EULAs of well-known MMORPGs, Everquest and Runescape as well as a more recent MMORPG, Path of Exile. Although there are many examples of inappropriate and unenforceable terms in EULAs, computer games provide a particularly salient example. Eager for access to a game, players accept the EULA without question and, unaware of their rights or keen to avoid costly litigation, rarely challenge the terms. Given the value of the games industry to the international economy, the article recommends that international guidance for EULA content is needed.     

论“三个代表”与政府官员行政道德

"三个代表"重要思想体现了强烈的问题意识和危机意识,是对共产党执政合法必的理性思考的结果,也是对共产党中掌握公共权力的政府迷惘员的行政行为提出的法律和道德的要求,是对传统行政方式和西方行政方式的现实超越,将对中国政治文明的走向发生深远的影响.     

中国东海法律问题

In the most range of the East China Sea, the exploiting oil and gas have been blocked for decades by conflicting claims to the boundaries and islets by China and Japan. For the sake of addressing conflicts in a comprehensive cooperation by bilateral and multilateral agreements aiming at reducing rising tensions and harvesting resources in disputed areas, it has become a key issue worthy of research. Zhou Zhonghai is a professor of international law and director of the International Law Center in China University of Political Science and Law. He was a senior visiting scholar of the Law School, University of Virginia (1991). As a legal adviser of the Chinese delegation to the third UN conference on the law of the sea, he once attended the drafting committee conference. His main works include Comments on International Law (2001), International Law of the Sea (1987), Legal Problems on International Economic Relations (1993), Peace, Justice and Law (1996), Technologic Progress and Development of the Law of the sea (1998), Law Dictionary (1998), Business Law in China, Trade, Investment and Finance (1997), On the Case of Agusto Pinochet Ugarte (1999). In addition, he has published many essays, for instance, Zhonghai Zhou’s essays on international law (2006), Jurisdiction of the International Tribunal for the Law of the Sea (2005), International law and its functions in international relations (1997), On diplomatic protection for the overseas investments (2007).     

对我国合同法中几个问题的探讨

作者结合律师实务,对我国合同法中的诚实信用原则、要约、承诺等若干问题提出了自己的看法和体会。     

Case-control studies: Design issues for criminological applications

The current understanding of the determinants of homicide derives primarily from studies in which data are aggregated for geopolitical units. Case-control studies and other analytic methods are needed to test causal hypotheses regarding the risk of homicide victimization or perpetration for individuals. Strengths and limitations of the case-control method are illustrated by comparing the design with cohort studies. Fundamental issues include the selection and comparability of cases and controls, effects of biases, interpretation of risk estimates, and problems of implementation. Increased use of this method should advance our understanding of homicide and other forms of intentional violence.Presented in part at the 37th Annual Meeting of the American Society of Criminology, San Diego, California, November 16, 1985.     

论英国"协同政府"的理念及对中国的启示

"协同政府"是一个在英国学界经常讨论的前沿性治理模式,影响了1997-2010年英国政府治理国家和社会的政策制定及执行过程.本文旨在分析"协同政府"治理理念的起源、性质以及所存在的问题,并探讨了此理念对于中国的借鉴意义.     

关于修订《海商法》需要厘清的几个基本理论问题——从《海商法》的第一章“总则”说起

讨论修订《海商法》需要厘清的一些基本理论问题,并以《海商法》第一章总则为切入点,重点讨论海商法的立法目的、调整对象及性质,希望能够促进和激发中国海商法界就海商法基础理论问题的研究与讨论,为将来修订《海商法》提供更多的参考意见。     

Preventing youth suicide: issues for law enforcement personnel

Suicide is a leading cause of death for adolescents. A number of problem behaviors associated with youth suicide fall into the purview of law enforcement personnel, and they are therefore in a position to detect risk and prevent suicidal behaviors. Eight hundred one youth identified as having school difficulty, a group at increased risk for both suicide and legal problems, participated in a paper and pencil survey followed by an interview focusing on suicide risk and protective factors. Linear regression was used to examine the ability of factors within each risk and protective factor dimension to predict current suicide risk. The study goal was to determine the most relevant factors influencing suicide risk in each domain examined. Findings are discussed in terms of implications for assessment and policy for law enforcement personnel.     

新公共管理理论对我国建设服务型政府的启示

新公共管理理论是西方国家在特定的政治、经济和科学技术发展下的政府管理改革的必然产物,它在一定程度上反映了西方公共行政改革的发展态势,也在一定程度上促进了西方各国经济和社会的发展,在缓解经济和政治危机方面取得了巨大成效。目前,我国正在进行服务型政府建设,因此,有必要借鉴西方新公共管理的某些理论来推动我国的服务型政府建设。