Rules for Rights: European Law,Health Care and Social Citizenship

Social citizenship is about equality. The obvious problem for European social citizenship in a very diverse Union is that Member States will not be able or willing to bear the cost of establishing equal rights to health care and similar aspects of social citizenship. Health care is a particularly good case of this tension between EU citizenship and Member State diversity. The European Court of Justice (ECJ) strengthened the right to health care in other Member States, but this cannot create an equal right to health care when Member States are so different. In its efforts to balance a European right, the Court has formulated ‘rules for rights’—not so much European social citizenship rights, as a set of legal principles by which it judges the decisions of the Member States.     

The European Convention as an Invigorator of Domestic Law in the Netherlands

This article examines the impact of the European Convention on Human Rights on domestic law in the Netherlands, with special regard to criminal procedure. The Convention has contributed to slow but profound transformations in the structure of criminal proceedings and to making these proceedings more adversarial and more rights oriented. It has opened up the Dutch system of criminal justice to the world and forced it to adapt itself to international standards of fairness. As a result, this system has become less naïve, more sophisticated, and more mature. Moreover, the case of the Netherlands illustrates how the Convention acts as a motor of convergence between civil law and common law systems of criminal justice.     

《基本卫生保健法》的立法探讨

“人人享有卫生保健”是世界卫生组织提出的全球性战略目标,基本卫生保健的立法工作具有重要的社会意义。为此,《基本卫生保健法》必须坚持以人为本,服务社会、公民权利与国家义务相一致及立足法律,兼顾政策等原则,将上述原则落实到其权利主体、相关机构、从业人员、服务内容、经费保障及法律责任等各个环节。     

The Fault of (European) Law in (Political and Social) Economic Crisis

It is a commonplace that the discipline of economics has contributed to the current crisis, above all, because economic methodologies are charged with fatally inflating debt risk, such that collapse was the inevitable result. But what might be said of the role of law within this constellation? Much ink has been consumed detailing legal shortcomings within regulatory regimes for the financial services. However, a full accounting has yet to be made of the broader fault which may also be attributed to the premises of modern and increasingly post-national law, especially as they coalesce with a broader abdication of political responsibility for crisis. This contribution begins this accounting, investigating the processes by which law has transformed itself into an economic technology within post-national regimes in its contemporary quest for material legitimacy. Above all, in its idolatry of the factual, law has itself become a power locus—especially within the European Union—that similarly pre-empts the politics within which social and economic stability might be defined and achieved.     

The Florida Health Care Access Act: a blended regulatory/competitive approach to the indigent health care problem

The problem of indigent health care has received much attention from governmental officials, health care providers, health policy analysts, and others. A majority of states have generated legislative proposals to deal with the problem, although their strategies differ in terms of method and scope. This article discusses Florida's approach to the problem as contained in the Health Care Access Act of 1984 and subsequent legislation. The article will provide background on the reasons a hospital assessment strategy was chosen as the funding mechanism and will examine the problems that occurred during the implementation phase of the legislation.     

商标法新加坡条约述评

一、引言今年3月,世界知识产权组织(WIPO)在新加坡主持外交会议缔结了《商标法新加坡条约》(TheSingapore Treatyon the LawofTrademarks)。这是进入21世纪以来世界知识产权组织主持缔结的第一个知识产权条约。1994年10月,世界知识产权组织为了制定统一的国际标准,简化和协调各国有关商标的行政程序,使商标注册体系更加便利当事人,促进成员国间商标权的相互保护,在日内瓦主持召开了外交会议并签订了《商标法条约》(TLT)。《商标法新加坡条约》是在认真总结十多年来TLT的实践以及考虑通信技术发展的基础上,对《商标法条约》进行的更新…     

The European Parliament in Treaty Reform: Predefining IGCs through Interinstitutional Agreements

Abstract:  Despite the fact that Interinstitutional Agreements (IIAs) are an established part of the mass of informal and formal rules structuring EU decision-making and interinstitutional relations, there is as yet no common understanding of their role and functions in the institutional and legal system of the EU—neither in political science nor legal studies. Tracking the evolution of the European Parliament's competencies in three areas where IIAs figure prominently—comitology, legislative planning, and the establishment of procedures to hold the Commission accountable—this article seeks to show that the European Parliament strategically uses IIAs as instruments to wrest competencies from the Council and the Commission. Having no formal say in treaty reform, the European Parliament 'creates facts' through informal but politically binding IIAs hoping that, once established, it can achieve a later codification of its new rights at IGCs. Viewed this way, the analysis of the role of IIAs in Treaty Reform could help to explain a still under-researched puzzle in European integration theory, namely the incremental parliamentarisation of the institutional system of the EU over the last two decades.     

从条约法原理看WTO协定在我国的适用

我国已经正式成为WTO(世界贸易组织)的成员方，WTO协定也已对我国生效。如何将国际条约适用于国内，我国宪法并无明确的规定。在理论和实践上有直接适用和间接适用两种方式，这两种方式各有其优缺点，而两种方式的结合是WTO协定在中国适用的最佳模式。不管足从理论上的分析还是观察中国的司法实践，这种模式都是可行的。     

On the Development of Private International Law in The Netherlands: From Asser’s Days to the Codification of Dutch Private International Law (1910–2010)

Netherlands International Law Review -     

欧洲一体化对英国国际私法的影响

随着 1973年英国步入欧洲共同体 ,英国国际私法不应再被孤立地看待 ,它与欧洲联盟统一国际私法及欧洲联盟成员国中的大陆法系国家的国际私法紧密地联系在一起。它们相互影响、相互渗透、相互作用、相互促进。作为欧洲联盟 15个成员国中仅有的两个普通法法系国家之一 ,而且是普通法发源地的英国 ,其国际私法受到了欧洲一体化空前的、巨大的影响。这种影响主要体现在 :推动了英国国际私法制定法的新发展 ;开拓了英国国际私法的新法源 ;创立了英国冲突法案件的新类型 ;提供了英国解决冲突案件的新方法     

Netherlands Insolvency Law: The Netherlands Bankruptcy Act and the Most Important Legal Concepts

Netherlands International Law Review -