North Korean Refugees and International Refugee Law

The severe food crisis of the 1990s forced thousands of NorthKoreans to leave their country in search of food. Most of themcrossed the border into China, to which the Government of thePeople's Republic of China (the PRC) responded by forcibly repatriatingdefectors to North Korea, thus placing many of them at riskof being subjected to inhumane and degrading treatment and,at times, even death. This article provides an overview of thesituation of North Korean asylum seekers and analyses the legalprotection available to North Korean defectors under internationallaw. The article focuses specifically on the situation of NorthKoreans in mainland China and China's obligations under internationalhuman rights and refugee law. The aim of the article is to contributeto the elaboration of durable solutions for the plight of NorthKorean asylum seekers and to develop a range of recommendationsfor law reform and policy change.     

Crimes of the State: The Persecution and Protection of Refugees

When refugees arrive at the borders and on the shores of the Global North they are increasingly criminalised and subject to a range of law and order type rhetoric and practices. This paper outlines an alternative criminological engagement with the condition of refugeehood that shifts the focus from the refugee to the practices of the state. First, it splices definitions of state crime with the highly legalistic refugee definition to offer alternative conceptualisations of persecution in the determination of who is accorded the legal status of refugee. Second, it applies state crime frameworks to the increasingly restrictive and punitive refugee policies of countries in the Global North. It concludes by locating theorisations of state crime within the broader project of reconceptualising notions of sovereignty.Sharon Pickering BA(Melb), MA(Soton), PhD(Melb) lectures in Criminal Justice and Criminology at Monash University Australia. She has worked with refugees and written on forced migration issues for the past five years including her recent book Refugees and State Crime (2005 Institute of Criminology Monograph Series/Federation Press).     

Turning the Tide: Recognizing Climate Change Refugees in International Law

Many of the debates surrounding the environmental, social, and economic implications of climate change are now well known. However, there is increasing concern over the extent to which those suffering displacement or forced migration as a result of climate change are protected. This article seeks to highlight the plight of such individuals and suggests how the current protection gap might be remedied. Present legal structures, such as the Refugee Convention and the framework for Internally Displaced Persons (IDPs), prove largely inadequate having been constructed for different purposes and being limited in their application. The alternative proposed in this article is a regionally oriented regime operating under the auspices of the UN Climate Change Framework. While both the Climate Change Convention and the Kyoto Protocol currently call for regional cooperation in respect of adaptation activities, it is argued there should be an explicit recognition of so‐called climate change refugees in the post‐Kyoto agreement that allows for, and facilitates, the development of regional programs to address the problem. Employing such a strategy would remedy the current protection gap that exists within the international legal system, while allowing states to respond and engage with climate change displacement in the most regionally appropriate manner.     

数据库立法与国际保护

信息社会的发展需要对信息传播的重要工具——数据库进行法律保护。但是传统的版权法只对数据库中有独创性的选样和编排授予版权，无法及于其内容。为了补偿数据库制作人所付出的巨大努力，有必要给予数据库以独立于版权体系以外的特殊权利保护。欧盟和美国在数据库特殊权利的立法方面都作出了卓有成效的努力。法律对数据库进行特殊权利保护应该是社会发展的必然趋势，而对数据库进行国际立法保护也是同样重要的另一个方面。     

International Refugee Protection Challenges and Opportunities

The new Millennium heralded a promise of change. For refugeesand other displaced persons, the start of the new Millenniumwas mixed; not much changed on the ground, but the fiftiethanniversary of the 1951 Convention brought Declaration of Statesparties reaffirming their commitments and the Agenda for Protection.Five years on, has the reaffirmation of States' commitment tothe international protection regime, and their endorsement ofthe Agenda for Protection, made a difference to refugees? Havewords been matched with actions to ensure access to asylum forthose who need it and a greater sharing of international responsibilityin this regard? This article looks at the major refugee protectionchallenges that confront us at the beginning of the 21^st centuryon both sides of the development divide. It also addresses whymany of these problems have developed and examines some of theemerging opportunities, which, if seized in good faith, couldprovide more robust protection for refugees, while respondingto the security, sovereignty and economic concerns of States.     

已注册驰名商标保护若干问题探讨

本文引入了“相关公众重合模式”的概念,并认为可以把“相关公众重合模式”作为“按需认定”原则的标准;本文同时提出了判断商品的关联程度的方式和方法,在此基础上,本文详细阐述了应当如何综合考虑法释(2009)3号第十条所规定的四项内容,从而在个案中正确确定驰名商标的保护范围,实现驰名商标的恰当保护.     

国际法解决叙利亚难民问题初探

叙利亚难民问题的原因复杂,国际影响大,应结合国际法对国际难民的现行保护机制,分析叙利亚难民的形成原因,国际社会应该对叙利亚难民权利的保护并依法解决叙利亚难民问题。     

Complementary Protection in International Refugee Law

Netherlands International Law Review -