REGULATION OF ENVIRONMENTAL LIABILITY

This research is based on documentary research, with the purpose to gather information concerning the legal and regulatory environment, historical and legal background, as well as its current policy in Mexico, compared with other states, of the environmental damages in order to assess the Federal Law of Environmental Liability＇s suitability as a means of ensuring both, of obtaining the environmental damage repair, restitution or compensation; and the access to an adequate environment.     

The freedom of navigation in international law and the utility of international society discourse

In the international law of the sea, the emergence of new actors and systems influencing relations between states has lead to evolving rules and calls for the redefinition of the traditional issues such the allocation of jurisdiction and rights to states in its maritime zones. In the maritime domain, this is seen thrice in the evolution of the various maritime zones in the United Nations Conferences for the Law of the Sea （UNCLOS I, II and III）. In the maritime domain, there are certain actions that are not dependent on any state＇s consent. One of such is the rule of freedom of navigation. This paper, argues for the possibilities of concomitance between international law and studies in international society based on the growing recognition of the importance of examining the sociological and historical element in rule development. This paper focuses on a rule in the international law of the sea with the aim of determining the extent to which norms have caused changes in rule development, if any. This method, known as the English School method of international relations, acknowledges the benefits of international law positivism in highlighting generality with the benefits of a normative discourse in highlighting alternatives and the utility of compliance. So, although the maritime domain is rooted in a state system, one where the parts interact as a whole, a branching-out analysis towards the normative discourse in the development of this rule will facilitate more understanding, as the case-specificity of most issues in the maritime domain cannot be overemphasised.     

Another victim of the ＂banana war＂： Some reflections on the status of the principle of liability in the absence of unlawful conduct in the community legal system

Articles 235 and 288 second paragraph EC provide remedies for damages caused by Community institutions, to individuals, legal bodies or States that concern legal obligations outside the scope of contractual relations. Although it did not receive any real application, the principle of liability in the absence of fault is mentioned by the Court in a couple of cases. This article seeks to explore this principle in its due context and in the light of comparative law. To that effect, it is first necessary to make a short recall of the historical case law in this field, to analyze afterwards the latest jurisprudential developments （FIAMM/FEDON case）, and finally to consider the future prospects of this principle in the Community law through two options. One alternative would be to adopt more lenient conditions for the application of Community＇s liability for fault and notably a progressive abandon of the current serious fault regime and the adoption of the simple fault regime. Another option would be to remove the tort nature from the no-fault liability and to move from the reparation of damage to a compensation for the breach of the equality.     

ASSESSING THE SUITABILITY OF THE EU SYSTEM OF LIMITATIONS TO COPYRIGHT

The European Union （EU） recognises that future development largely depends on its ability to advance the digital economy. Copyright ＇fuels＂ the knowledge based sector and the digital economy, making it a fundamental component in any strategy to create sustainable economic growth. EU copyright legislation acknowledges the exclusive rights of authors to reproduce or authorise the reproduction of the work he or she has created, make available or communicate it to the pub#c, and distribute it. It also establishes one mandatory and 20 optional exceptions or limitations to those exclusive rights. The acknowledgement of the importance of the creative sectors in the digital economy has resulted in several EC initiatives, such as stakeholder platforms aiming at developing practical solutions for user access to copyright works based on current legal and other frameworks, and proposals for new EU legislation, including a draft directive on collective rights management, which focuses on governance of collective management organisations （CMO） and cross- border and multi-territorial licensing of musical works. It has also led to requests, including from within the European Commission （EC）, that it be considered whether a review of the current EU system of limitations to the exclusive rights is still appropriate; does it address adequately challenges posed by the digital economy？ The system of exceptions and limitations to the exclusive rights is a crucial element in the EU copyright framework. This paper argues that the fundamental principles of copyright, which grants excusive rights to copyright holders, combined with the possibilities of introducing exceptions and limitations to those exclusive rights in national legislation based on the internationally acknowledged principles of ＂the three-step＇＂ test, are still valid tools and the most appropriate approach to the establishment of a legal framework for user access to copyright materials.     

THE EVOLUTION OF POLICY AND LAW FOR SUSTAINABLE DEVELOPMENT IN CHINA

This article examines the evolution of politics and laws related to sustainable development in China. Sustainable development has been positioned as an economic development strategy many years ago. However, in earlier times, it bore a heavy tint of national strategy, followed by a kind of soft sustainable development with a technological orientation. The recent decade has seen China on track for strong sustainable development. At the present, China is around the turning point of the ＂Environmental Kuznets Curve,＂ where both domestic and international multiple pressures are forcing the whole country to make new choices for its dimension of sustainable development strategy. Although sustainable development has been recognized by the legal field of environmental resources, it is still not yet fully integrated into other areas of law. The period from weak to strong sustainable transition is accompanied by another transition, more significant in China, from industrial civilization to ecological civilization. Compared to weak sustainable development, the complex and contradictory character of strength has brought more challenges. Sustainable development of dualism and compromise, which corresponds with the actual needs in China, is an important theoretical basis and practical standards for implementing the scientific view of development. Finally, it concludes by noting that ecological civilization is attempting to solve the problems from a more broad perspective, and to pay more attention to public participation, at the same time to cover the shortage of environmental legislation.     

The environmental rights entered in the constitutions： A critique

Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding of the discipline through systematic research and teaching at various levels.1 The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exist with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degradation often affects groups of people and it could consequently argue that the right should protect groups and not just individuals.2     

Imagining the law and the constitution of societal order in Los Angeles Police Chief William Parker＇s 1965 ＂Crime and the Great Society＂ address

Legal scholar James Boyd White has challenged both lawyers and rhetoricians to imagine the law as an enterprise of language. In contending that members of the legal profession should see law as an activity of speech and imagination occurring in a social world, he has urged lawyers to view the legal profession as an interaction of authoritative texts and as a process of legal thought and argument instead of thinking of law as a technical system of regulations and applying its rules in a mechanical way. By asking members of the legal professional to consider law as rhetoric, White has encouraged them to recognize the socially constitutive nature of language, which runs contrary to a perspective of law as machine or, rather, the law as only a mechanistic system of rules and regulations. His ideas have inspired the ＂law and literature＂ movement, which has motivated other scholars to analyze the texts of judicial opinions, for example, according to White＇s theories. However, this essay takes White＇s concept of imagining the law and applies it public address and, specifically, to the 1965 ＂Crime and the Great Society＂ speech given by former Los Angeles Police Chief William Parker. Chief Parker＇s address reveals a vision for the City of Los Angeles in which Parker, himself, asks his audience of citizens and civic leaders to share for advancing a specific agenda for law enforcement＇s role in society.     

CHALLENGES OF DEVELOPMENT IN BURUNDI： A CASE STUDY OF PROTECTION OF REFUGEES AND IDPS IN POST-CONFLICT RECONCILIATION AND TRANSITIONAL JUSTICE

Violations of human rights and genocide in Burundi are among the most contentious issues which continue to attract the attention of academic discourse. This paper is concerned with the question of human rights violations in Burundi from a historical and comparative perspective. It seeks to trace the root causes of Burundi＇s sullied human rights record over 52 years since independence from Belgium in 1962, the role of the military in human rights violations, including mass killings of civilians and extra-judicial executions of political opponents and the fact that the post- conflict constitutional architecture has not succeeded in establishing accountability and responsibility for these violations; in providing truth, justice and reparations to the victims and in putting an end to the culture of impunity which seems to be entrenched in Burundian society. Moreover, by analyzing critically the results from interviewing 113 Burundians and 16 non-Burundians, this paper argues that there will be no political stability enduring peace without addressing these issues in a comprehensive manner.     

BREACH OF HUMAN RIGHTS BY NIGERIAN POLICE IN THE PERFORMANCE OF ITS FUNCTIONS＂ NEED FOR A REFORM

Nigerian Police is charged with the responsibility of upholding the law and ensuring order is kept within the polity. It is however observed that the police in carrying out its functions constantly abuses the rights of the citizens which are considered as natural rights and very fundamental to every human existence. This study aims at examining the roles of the police in Nigeria and the various ways and the rights of citizens are being encroached upon by the said police. The legal standards prescribed for the operations of Nigerian police are measured against the international standards as a parameter in order to determine the weak points of the Nigerian standards. Suggestions are therefore made on how Nigerian police can be more humane in carrying out its functions.     

Towards an understanding of Bosnian drug policy： Legislative and institutional implications

This paper describes the evolution of drug consumption in Bosnia and Herzegovina, the current scope of this problem, and the legislative and institutional response to drug issues. The analysis of the legal and institutional framework for controlling illicit drugs in Bosnia and Herzegovina reveals that Bosnian drug policy is repressive in its nature, that implementation gap is evident in the field of drugs, as well as lack of institutional capacities in this area. It is argued that the Bosnian government, despite international pressure, has failed to undertake comprehensive measures in this field, which directly affects the effectiveness and efficiency of Bosnian drug policy, and that it is better for post-war Bosnia and Herzegovina to present another obstacle for prosperity.     

THE RULE OF LAW IN THE EXTERNAL RELATIONS OF THE EUROPEAN UNION WITH A SPECIAL FOCUS ON CHINA

In line with the ideas of its founding fathers, the European Union is a legal system built on the rule of law, internally and internationally which was highlighted by the Treaty of Lisbon （Art. 21）. The EU therefore has to pursue the implementation of the principle of the rule of law also in its external relations. This paper frames the rule of law not only in the context of the Union but also in the United Nations （III. 1） and provides concrete illustrative examples for the implementation on the international scene by the EU. Section IIl deals with the Cotonou Agreement, the European Neighbourhood Policy, Central Asia, South Korea and Myanmar/Burma. Special attention is paid to the case of China （III.3f） where the preoccupation with the rule of law poses a particular challenge which is not side-stepped by the Union. In pursuing this policy, the EU contributes to the development of rule of law in international law and governance.     

Criminal responsibility for two consecutive crimes

Criminal legally responsible for responsibility in Israel his crimes unless the is defined in terms of polarity： all or nothing. An individual is court has determined that he is exculpated from criminal responsibility; there is no diminished criminal responsibility. The authors present a unique case where two expert psychiatrists determined that the accused was culpable for the first crime, rape, but was exculpated from criminal responsibility for the second crime, stabbing, which was committed immediately thereafter. As per the court approved plea bargain, the accused was charged only with rape, and was sentenced to incarceration in the psychiatric ward of the prison. The social significance of the expert psychiatric opinion and the court ruling will be examined in this paper.     

ELECTRONIC PROXY SOLICITATION AND RELEVANT REGIME CONSTRUCTION OF SHAREHOLDER DEMOCRACY IN CHINA

Shareholder democracy reflects the very nature of company.There are many legal mechanisms for shareholders to exercise their rights,one of which is electronic proxy solicitation.Internet technology has provided a great facility for corporate governance and shareholder democracy.This paper advocates that electronic proxy solicitation will improve shareholder democracy effectively,and China should establish a relevant legal regime.It discusses the feasibility of establishment and the mode of legislation on electronic proxy solicitation regime,and proposes a preliminary definition of the rules of electronic proxy solicitation regime in China.     

THE CONCEPTUAL BASIS OF PRIVACY STANDARDS IN CHINA AND ITS IMPLICATIONS FOR CHINA’S PRIVACY LAW

China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.     

EMPLOYMENT BENEFITS IN MEXICO OF OLDER ADULTS AS A FUNCTION OF THEIR ANTIQUITY

The population grows and ages. Older adults, which is the group of people sixty years of age and older, increasingly represents a numerically larger group. Therefore, the legal rules are issued, and must be of such a nature that adequately protects them. In particular labor standards in Mexico, containing general provisions, but are emissive in relation to work of older adults subordinate.     

Small arm transfers and state complicity in international law： Challenging the limitations

Small arms have been frequently used in perpetration of human rights violations, and thus need to be subjected to legal scrutiny. This piece attempts to contribute this aim by making a legal analysis of the issue of state complicity in arm transfers. Drawing a frame of applicable laws, it highlights the importance of Article 16 of the ILC Draft Articles on State Responsibility where the notion of complicity in international law is typically designed. Moreover, this piece finds the scope of protection provided within this Article limited, and contends that the boundaries of liability for complicit acts must take into account the contemporary political, social, and economic settings for a wider understanding of complicity.     

Historical review of Taiwan＇s environmental legislative adjustment and its implications under international agreements

After 1960s, the economic developmental explosion in Taiwan had brought serious environmental degradations including the air and water pollution, waste disposal, as well as wildlife problems. Since then, Taiwanese has begun environmental protection movements striving for ＂environmental rights＂. In addition, international environmental agreements have grown with great speed in the past decades. Although Taiwan never signed or joined any international environmental agreements or organizations, the development of international environmental laws still deeply affect Taiwan environmental regulations. Under this global trend, Taiwan has to cooperate with international community and to obey international environmental agreements. Thus Taiwan had passed numerous environmental laws including ＂Air Pollution Control Act,＂ ＂Water Pollution Control Act,＂ ＂Noise Control Act,＂ ＂Waste Management Act,＂ ＂Toxic Chemicals Management Act,＂ ＂Wildlife Protection Act,＂ and ＂Nuisance Dispute Resolution Act.＂ Thus the article will examine Taiwan＇s environmental administration, regulations as well as the implication under international agreements.     

WHAT SHOULD AN IDEAL E-ADMINISTRATION MODEL COMPRISE？

The dominance of computer and information technologies in the second half of the 20th century has begun to transform the conventional forms of concepts and relations in law and public administration. This transformation has beeome a trigger and an indispensable decisive factor of an ongoing change which has deep impacts on the social order. In this context, the conventional relations between citizens and administration have appeared in new forms with the emergence of the Internet and other information technologies. In administrative law, this innovation, mostly referred to as e- administration, results in changes in administration and administrative activities and applications. This change gives the signals of a start that will have deep impacts and transform both public administration and administrative law. The factors that influence the emergence and success of e-administration are the level of development, financial capability, level of infrastructure, national legislation and public support in a country. The recent global crisis has led to a decrease of acceleration in e-State applications. In international literature, Fang suggests a list of requirements for e-State and hence for e-administration. An expanded version of this list can be accepted as the ＂ideal＂ for the time being. Ten characteristics required for the good practice of e-administration are as follows：     

Towards a new paradigm of the right to self-determination in the world trading system

There has been a shifting meaning of the right to self-determination, since World War Ⅱ, from territorial decolonisation into other meanings such as the right for indigenous people, minorities, ethnics groups and women＇s rights in the territories of independent states. Furthermore, the new phenomenon signifies that it is also used implicitly in the world trading system by states in maintaining their sovereignty from trade liberalization. This has been a dilemma in understanding the right to self-determination within international law. This paper, however, critically evaluates the potential applicability of the right to self-determination in the world trading architecture. It begins by examining the origins, evolution and current struggle to the right to self-determination in the world trading system. It then addresses in General Exceptions, Safeguard Measures and Special and Preferential Treatment as existing and applied principles in the World Trade Organization. It is highlighted that the real world still needs the right to self-determination as a means of struggling for economic justice. The right to self-determination has shifted from the right to transfer territory politically into the right to the transfer of welfare economically and in particular, the right to self-determination of people into the fight to self-determination of states.