In person

Based in Japan, John Tessensohn is a board member of ShusakuYamamoto, a leading Japanese IP practice. John specializes inpatent litigation, trademark, unfair competition, anti-counterfeitingand licensing matters. Born and raised in Singapore, he holdsan LL.B (Hons.) from National University of Singapore and     

论仲裁第三人

一、概述 仲裁在解决国际民商事争议中发挥着越来越重要的作用,是越来越受欢迎的解决争议的方式。然而,由于国际交易变得越来越复杂,跨国多方当事人合同争议的增多,仲裁中的某些程序性问题正变得日益突出。…….     

Complex study of the tongue mucosa for identification of a person

Patterns of the dorsal surface of the mucosa of the tongue was studied in order to detect its specific features in 749 normal subjects of both sexes aged 5-85 years (422 men and 327 women). Racial characteristics of the tongue mucosa structure were studied in 114 foreign students from Africa and Asia. Tongues of 272 corpses of both sexes were examined. A complex of modern methods was used: measurements of geometric parameters, plaster models, computer studies, etc. Unidimensional and multidimensional mathematical analysis helped detect the most significant identification signs of the mucosa of the tongue. The results enabled the authors to create a mathematical model of the tongue allowing identification of sex, age, and ethnic appurtenance.     

A MCMC method for resolving two person mixtures

In this paper a Monte Carlo Markov Chain (MCMC) method for resolving DNA mixtures containing at most four peaks per locus into a major and a minor contributor is presented. Unlike previous methods, this method can provide posterior probability assessments of the most probable genotype and a likely range for the mixing proportion. The proposed method is applied to two DNA mixtures where the true genotypes of the contributors are known. The method provides posterior probabilities of the genotypes of the contributes which concord strongly with the known facts.     

Environmental Rights for the Future? Intergenerational Equity in the EU

Courts, commentators and legislators in Europe and around the world have now recognized that environmental degradation may constitute a violation of human rights. While the human rights model may be effective in addressing the environmental interests of existing human beings, there is a pressing need for a legal doctrine that effectively addresses the environmental rights of the future. Although the EU has actively embraced the sustainable development model and its recognition of the environmental needs of future generations, it has failed to embrace the correlative doctrine of intergenerational equity – a detailed, specific and pragmatic legal framework for global and domestic environmental governance. This article assesses EU environmental law and policy against the requirements of the doctrine of intergenerational equity and concludes that the EU's sustainable development model is inadequate from the perspective of future generations. The recommendation is made that the EU adopt intergenerational equity as a necessary corollary to sustainable development.     

Equity and Conscience

This article argues that the peculiarly ‘common law tradition’separation of common law and equity had at its origins a principledbasis in the concept of ‘conscience’. But ‘conscience’here did not mean primarily either the modern lay idea, or the‘conscience’ of Christopher St German's exposition.Rather, it referred to the judge's, and the defendant's, privateknowledge of facts which could not be proved at common law becauseof medieval common law conceptions of documentary evidence andof trial by jury. The concept of a jurisdiction peculiarly concernedwith this issue allowed the ‘English bill’ procedureto be held back to a limited subject area rather than—asin Scotland and the Netherlands—overwhelming the old legalsystem. By the later 17th century, however, the concept of consciencehad lost its specific content, leaving behind the problem, stillwith us, of justifying the separation of ‘equity’.     

Tortious acts affecting markets

The present paper examines an injurer causing a temporary blackout to a firm as the primary victim but also affecting customers and competitors of the firm. Reflecting existing legal practice, the paper investigates efficiency properties of the negligence rule granting recovery of private losses but to the primary victim only. The regime is shown to provide efficient incentives for precaution provided that the primary loss exceeds the social loss from accidents. The main contribution of the paper consists of an explicit analysis of markets affected by a temporary blackout of one firm. The analysis reveals that the private loss exceeds the social loss indeed if the market is less than fully competitive. Moreover, the net social loss remains positive, no matter which market structure prevails.     

平等:和谐社会之基

社会主义和谐社会是和平、宽容、开放与公平正义的社会。社会平等是支撑和谐社会之基础,构建和谐社会必须实现社会平等。当前社会中不平等现象是妨碍和谐社会建设的主要因素,构建社会主义和谐社会既要保障平等适用法律,还要消除法律歧视,更要通过立法禁止歧视。     

Rewriting the competency rules for children: full recognition of the young person as rights-bearer

The rules regarding the competency of children to consent to medical treatment have traditionally focused on the child's understanding of the proposed treatment. This article argues that this focus has perpetuated an unjustifiably paternalistic attitude to the treatment of children that is inconsistent with obligations under the Convention on the Rights of the Child and the common law's preference for upholding personal autonomy. A new test is therefore proposed, abandoning the presumption of incompetency for adolescents and focusing on the understanding of the right to make medical decisions. The application of the proposed test is examined both from a general point of view and with regard to a particularly vulnerable group of young people: those suffering from mental illness.