基于TRIPS框架下保护传统知识的正当性

对于在TRIPS框架内处理传统知识保护的问题,目前国际社会存在着严重的分歧,但是,反对方的观点并不能构成否定TRIPS框架下保护传统知识的正当性的充分理由,因为恰恰是TRIPS本身提供了在其框架内保护传统知识的根据。首先,TRIPS语境下的“私权”并非是个人化的权利,传统知识的群体持有并不构成在TRIPS框架下保护传统知识的理论障碍;其次,TRIPS确立的平衡各种利益的知识产权保护目标,体现了法律的公平原则,是传统知识寻求TRIPS保护的合法依据;第三,TRIPS将知识产权保护与贸易联系起来的实施机制,使之成为当今保护传统知识的最有效的形式。传统知识保护的国际协调,不是将TRIPS的现行规则推倒重来,而是在TRIPS框架下创造一种适应于传统知识特点的保护机制。     

Commentary: Innovation Policy for a New Era

This commentary offers a response to the Sonderholm, Bird, and Flynn et al. articles, and argues that the current innovation crisis requires more ambitious approaches, as well as a serious consideration of alternative mechanisms for R&D such as prizes.     

Contextualising Regional Innovation Systems in a Globalising Learning Economy: On Knowledge Bases and Institutional Frameworks

In order to advance the understanding of which types of regional innovation system represent effective innovation support for what kinds of industry in different regions analyses must be contextualized by reference to the actual knowledge base of various industries as well as to the regional and national institutional framework, which strongly shape the innovation processes of firms. Of special importance is the linkage between the larger institutional frameworks of the national innovation and business systems, and the character of regional innovation systems. In making the arguments about a general correspondence between the macro-institutional characteristics of the economy and the dominant form and character of its regional innovation systems a link is provided to the literature on ‘varieties of capitalism’ and national business systems.     

技术创新乘数效应的发生机理及路径选择——一个新的理论分析框架

技术创新乘数效应是一个有待拓展的重要理论命题。考察技术创新乘数效应的内在运行机理可以发现,技术创新乘数效应是通过规模经济、范围经济、联结经济和速度经济等形态生成的,并与福特制、丰田制和温特制等组织载体相耦合。因此,中国应通过多种路径为充分发挥技术创新乘数效应创造条件。     

Towards European Procedural Primacy in National Legal Systems

Abstract: In the polycentric judicial architecture of the Community, there is a rich, constant interplay between national procedural rules and European interventions. In the making of the European legal order, EC law depends on national procedural law and therefore, substantive EC supremacy depends, existentially, on procedure. In this context, the author argues that the traditional sharply defined dichotomy of national procedural autonomy versus Community law effectiveness no longer reflects the implicit course of action laid down by the Court of Justice. Instead, the European legal order has moved, as a praxis, from national procedural autonomy to a more subtle combination of national procedural competence and European procedural primacy. The rationale behind this trend testifies both to the importance of the interrelationship between procedure and substantive law in the making of Europe and to the flexibility of procedural law; EC law depends on procedural law and procedure readily submits to the demands of a new legal order. In doing so, it also creates new choices and venues for European supremacy.     

Comparing Juvenile Justice Systems: Towards a Qualitative Research Project in East Asia

This paper contrasts the assumptions and methods used by quantitative criminologists with the approach to comparison pursued by the interpretive tradition in sociology. Whereas quantitative studies tend to conceal distinctive legislative or institutional responses in particular countries, interpretive studies make it possible to address internal debates about policy issues, as well as how practitioners exercise professional judgement. The paper considers a variety of ways in which the interpretive traditions of symbolic interactionism and ethnomethodology have approached comparison. It also considers the conceptual and practical issues that might arise in conducting a qualitative comparative study about juvenile justice within East Asia focusing on Japan, South Korea and Taiwan. Whereas quantitative studies tend to ask questions that interest Western researchers, interpretivism makes possible a dialogue between countries that have different institutions, philosophies and cultures.     

夫妻财产制的修改:法政策之检讨

建立完善的夫妻财产制是我国婚姻法修改的目的之一。本文首先阐明夫妻财产制的内容结构体系,依据夫妻共同财产制原理和夫妻财产契约理论分析现行法及专家建议稿的缺失,并从夫妻财产制的内容结构、法定财产制和约定财产制三个方面提出完善的建议。     

Philosophical Criminology and Complex Systems Science: Towards a Critical Theory of Justice

Chaos theory (or complex systems science, CSS) has made considerable inroads across a range of social science disciplines, including criminology. However, little has been done to assess the relevance of chaos theory for advancing a philosophical criminology. This task is significant because it tells us something about where, how, and why most modernist theories of crime are of limited utility when advancing the interests of justice and humanism in society. Accordingly, this article outlines the essential features of a philosophical criminology, including its commitments to ontology, epistemology, aesthetics, and ethics. Moreover, the contexts in which several key chaos theory principles such as iteration, sensitive dependence on initial conditions, bifurcations, attractors, fractal space, and dissipative structures function to promote a philosophical criminology are explored. A number of implications stemming from this analysis for purposes of critical theory building in law, crime, and justice studies are provisionally delineated.

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邓小平的政策创新思想

邓小平关于政策创新的一系列论述是其政策思想的重要组成部分.对"什么叫社会主义"的新认识是政策创新的理论基础;对"怎样建设社会主义"的新探索是政策创新的逻辑前提;"建设具有中国特色社会主义"的新任务是政策创新的现实要求;"三个有利于"的新标准是政策创新的价值取向.邓小平政策创新的实现途径包括:(1)解放思想、更新观念是政策创新的前提条件;(2)立足实际、实事求是是政策创新的基本原则;(3)大胆地闯、及时总结是政策创新的关键所在;(4)加强学习、提高素质是政策创新的重要措施.     

Legal Constraints on the Use of Race in Biomedical Research: Toward a Social Justice Framework

This article addresses three questions concerning the legal regulation of the use of race as a category in biomedical research: how does the law currently encourage the use of race in biomedical research?; how might the existing legal framework constrain its use?; and what should be the law's approach to race-based biomedical research? It proposes a social justice approach that aims to promote racial equality by discouraging the use of "race" as a biological category while encouraging its use as a socio-political category to understand and investigate ways to eliminate disparities in health status, access to health care, and medical treatment.     

Reframing the Role of Universities in the Development of Regional Innovation Systems

The role of universities in regional innovation has evolved over the last 20 years. This evolution has seen the emergence of a third role of universities that has re-shaped and transformed their two traditional functions of teaching and research. This paper proposes a conceptual framework for analysing variation in the roles performed by universities in the development of regional innovation systems. This framework is based on the triple helix model of university, industry, government relations, the literature on university engagement and the innovation systems literature, more generally. The framework is applied to a comparative study of three non core-metropolitan universities in Australia. A number of insights and issues are drawn in regard to conceptualising the role of universities in regional systems.     

Regional Innovation Systems and the Advent of Strategic Science

While regional innovation systems are, to some extent, an artefact of regional administration and mimesis, there are also clear proximity and agglomeration dynamics. A third type of dynamic at play derives from uptake of knowledge production, regional role of universities etc. The advent of strategic science, with its double emphasis on relevance (including local relevance) and global competition, creates pressures on universities which want to play a regional role as well. The University of Twente, in The Netherlands, is an example. Its evolution shows that the regional function leans heavily on institutional differentiations like outreach units, while strategic science is taken up in new outward looking, problem-solving centres, not necessarily directed towards the region. The immediate moral is that universities can play a role in managing the tension between local (regional) and global, but the tensions will return internally. The general moral is that the changes in knowledge production (whether labeled as strategic science or Mode 2 or whatever) have to be taken into account in regional innovation systems. This might also help to avoid a short-sighted focus on wealth creation.     

美国管制革新的方法

美国<行政程序法>,总的来说是一件相当不错的法律,很好地经受住了时间的考验.当然,我们也承认它存在一些缺陷,并需要更新,但是反对商业团体和他们在国会中的支持者们所提出的这样巨大的、有时甚至是激进的改变.     

Competing Knowledge Systems in the Management of Fish and Forests in the Pacific Northwest

In this paper I investigate the interaction of knowledge and institutions in the context of First Nations in the Pacific Northwest of Canada who have evolved management systems for fish and forest resources over hundreds of years. These management systems are viewed as institutions that are based on and apply knowledge systems over time. In the Nisga'a and Haida nations, knowledge systems guide management regimes that govern access, rights and responsibilities, harvesting, allocation of benefits and costs, technology, education and training. For the past hundred years these institutions and knowledge systems have come into conflict with knowledge and management systems imposed first by missionaries, settlers and colonizers and later from Provincial and National governments and corporations holding tenure rights assigned by those governments. National and international regimes such as the Law of the Seas and the Exclusive Economic Zones conflict with traditional institutions and knowledge systems by privileging one level of governance and consequently one form of knowledge and devaluing others. The paper is based on research conducted in the Pacific Northwest over the past eight years, primarily through interviews with elders, decision-makers, and resource users, as well as observation of cultural and resource practices. The research investigated the impacts of conflicting knowledge systems and the attempts to resolve those conflicts. The paper raises questions about knowledge systems and institutions, about institutional interplay, and the impact of international institutions on local institutions as they come into contact and conflict.