Multi-Stage: A Rule-Based Evolution of Future Commitments under the Climate Change Convention

This article presents the regional emission targets corresponding to different climate regimes for differentiating commitments beyond 2012 on the basis of the Multi-Stage approach. This approach assumes a gradual increase in the number of Parties involved and their level of commitment according to participation and differentiation rules. The analysis focuses on two global greenhouse gas emission profiles resulting in CO₂-equivalent concentrations stabilising at 550 and 650 ppmv in 2100 and 2150, respectively. Three Multi-Stage cases have been developed in order to assess different types of thresholds. These share three consecutive stages representing different commitments: stage 1 – no quantitative commitments; stage 2 – emission–limitation targets and stage 3 – emission reduction targets. The analysis shows that by 2025 all three cases result in emission reduction objectives for all Annex I regions of at least 30–55% below their 1990 levels for 550 ppmv, whereas for 650 ppmv target they range from 0 to 20%. Furthermore, early participation is required of the major non-Annex I regions through emission limitation targets i.e. before 2025 and 2050 for the 550 and 650 ppmv targets, respectively. The first participation threshold for adopting emission–limitation targets on the basis of a capability–responsibility index (as introduced here) can provide for a balanced and timely participation of non-Annex I regions. Major strengths and weaknesses of the climate regimes are discussed and important obstacles and pre-conditions for their feasibility and acceptability are highlighted.     

Switzerland and the Hague Convention

Any suggestion that 2006 has been a quiet year in the internationaltrust world is likely to be quickly denied. Of course, the worldof international trusts never stops changing. A popular conferencetopic is ‘Challenges of the trust today’ or a similartitle which calls upon the speaker to present his views on whatis happening preferably with some crystal ball gazing of impendinglegislation. The source of change offers ample opportunity for discourse.First, case law produces its finely ground decisions to resolveindividual disputes laying down jurisprudence for future settlorsand their advisers to follow. Sometimes it is favourable. Therecent re-adoption and expansion of the Hastings-Bass principle(Re Hastings-Bass (Dec’d), Hastings v IRC [1974] 2 AllER 193), whereby trustees may make good an oversight, has beenfavourable to trustees, provided (naturally) liberties werenot taken with the rules.     

Effects of Uncertainty and Mortality Salience on Worldview Defense Reactions in Turkey

This research explores effects of uncertainty and mortality salience on reactions to violations or bolstering of cultural norms and values. Some recent studies have suggested that worldview defense reactions are better accounted for by reminders of personal uncertainty than mortality. These findings have been disputed, however, as they have not been found outside the Netherlands. The current research was conducted in Turkey, a culture distinguished by high uncertainty avoidance values compared to both the USA and the Netherlands. Results reveal that both uncertainty and mortality salience influence reactions of Turkish participants to essays negative about basic rights of Turkish women, but that uncertainty salience had larger effects than mortality salience. We argue that mortality salience may be an indirect manipulation of uncertainty concerns, which explains why a direct manipulation of uncertainty salience may have a bigger impact on reactions to violations of important cultural norms and values.     

论国际公约的司法适用--由一个案例引发的思考

本文从具体案例入手,笔者主张,我国司法适用国际民商事公约,应以涉外法律关系为必要,在国内法律关系中,一般应适用国内法,在国内法没有做出任何规定时,可以参照国际公约的规定判案,但是其性质不是适用国际公约,而是将国际公约作为国际通例填补国内法的漏洞.     

试论宪法惯例的效力

以法律效力的本原说为指导,在分析关于宪法惯例效力的几种观点的基础上,认为宪法惯例效力的本原是知识和经验,并从妥当性和实用性的角度,提出了法律效力的两层次论,认为宪法惯例的效力表现为政治确认和制裁效力以及准法律效力两个方面。     

Adverse Possession and Article 1 of the European Convention

In the post-human rights era the question has arisen on several occasions as to whether the automatic and arbitrary termination of the registered owner’s title through the common law and statutory principles governing adverse possession of land is contrary to the Article 1, Protocol 1 of the European Convention. The matter fell to be decided in J.A. Pye (Oxford) Ltd v United Kingdom ([2005] 3 EGLR 1) where the European Court of Human Rights held that the automatic termination of a registered owners title after 12 years possession was indeed a violation of Article 1, Protocol 1. More recently, the decision of the European Court has been overturned by the Grand Chamber of the European Court of Human Rights where the Grand Chamber has held that a squatters’ right to another persons land are not disproportionate (J. A. Pye (Oxford) Ltd and Another v United Kingdom, The Times, October 1st 2007). This short article examines the decision of the Grand Chamber.

Cognitive Salience of Subjugation and the Ideological Justification of U.S. Geopolitical Dominance in Japan

To explore the causal role of cognition about subjugation in the justification of the geopolitical status quo, Japanese attitudes about U.S.–Japan relations were assessed after experimentally making salient either Japan’s dominance or subjugation regarding the United States. In addition, participants completed measures of ideology, including system justification, social dominance orientation, and right-wing authoritarianism. Results demonstrated that those reminded of Japan’s geopolitical subjugation to (but not dominance over) the U.S. endorsed U.S. hegemony to the degree that system justification motivation was high. Findings suggest that (a) international hierarchies have attitudinal consequences that may be especially pronounced among those who endorse the status quo, and (b) current Japanese policy-related attitudes are influenced by the salience of U.S. hegemony in Japan.     

《纽约公约》中的公共政策三题

<纽约公约>第5条第2项(乙)款规定了公共政策抗辩理由,但没有对其含义、范围以及具体内容作出规定.这种情形可能导致缔约国法院滥用该抗辩理由.公约中的公共政策是国际性公共政策,属于国内法而非国际法范畴,属于残留条款而非主要条款.适用公共政策除了通常应考虑的因素外,还应考虑法院地国与潜在交易的关系.公共政策与拒绝承认或执行外国仲裁裁决的不可仲裁事项、法定诉讼程序条款和显然漠视法律等情形存在区别.     

The Biodiversity Convention and in situ Conservation in Zambia

This article describes biological diversity, its importance to the global community and to the African continent, focusing particularly on Zambia, my home country. The article considers briefly the provisions of the Convention on Biological Diversity¹ (the Biodiversity Convention) and in particular the in situ conservation obligations under the Convention. The article identifiies the required actions for the effective in situ conservation of biological diversity in Zambia. In this regard, the article high-lights the main problems associated with biological diversity loss, examines Zambia's legislation on the conservation of biological diversity and considers whether the obligations thereunder comply with the actions required for the effective conservation of biological diversity identified under the Biodiversity Convention. The article concludes with recommendations on what actions are needed for effective in situ conservation of biological diversity in Zambia.     

对UPOV公约91文本的分析与思考

采纳UPOV公约91文本是育种者权利知识产权保护的国际发展趋势。通过对91文本中有关育种者权利范围的解读和分析,以期消除人们对相关内容可能产生的误读;同时,通过对我国加入91文本的可行性的探讨和分析,指出采用91文本的有关条款修订我国的植物新品种保护条例,当是我国在全面加入91文本前的积极选择。