Criminalisation,modernisation, and globalisation: the US and international perspectives on domestic violence

The growth of modernisation in a society is intimately connected to the growth of legal evolutions related to criminalisation. While modernisation expands the boundaries of tolerance in an open society, it also expands the boundaries of crime and criminalisation. As modernisation expands on a global scale, the process of redefining crime, criminalisation, and victimisation also occurs on a global scale. In the modern societies of the West, the advance of modern law and justice and the progress of the notions of human rights have expanded the boundaries of freedom. They have also expanded the boundaries of criminalisation in a number of social, cultural, political, and economic domains. One of the major areas of criminalisation that has rapidly expanded with modernisation and globalisation, particularly in the West, is domestic violence. During the last 30 years, a series of laws have evolved in these societies that criminalise a wide variety of behaviours related to domestic violence. A comparative study of legislative developments on domestic violence in the United States, Brazil, India, Japan, Bangladesh, and Ghana suggests that, in each, a relatively homogenous set of laws against domestic violence has evolved.     

Dilution in the United States and European Union (and beyond) Part II: testing for blurring

Legal context. Dilution by blurring has often been accused ofbeing a vague concept which is difficult to understand and whichhas no sensible limits. Mindful of the need for certainty inthis area, the US Senate and House of Representatives have passedthe Trademark Dilution Revision Act 2006. This Bill (which isdiscussed more generally in Part I) includes a definition ofblurring and a six-point test for blurring. Meanwhile, the EuropeanUnion has been steadily building up jurisprudence in this area. Key points. This part of the article focuses on dilution byblurring, considering how blurring is defined, how it is testedfor and whether US and EU blurring protection is in compliancewith the jurisdictions’ international obligations in thisarea (discussed in Part I). In particular, it considers thenew definition of, and test for, blurring under the US TrademarkDilution Revision Act 2006, and compares the position underthat Bill to the situation in the EU. Practical significance. Assuming that it enters into law, theRevision Act 2006 has serious implications for the proprietorsof famous marks doing business in the US. This article willinform the owners of such marks what protection they will benefitfrom and how this will differ from the protection they willget in the EU.     

Interaction and basic rights in an international perspective: an introduction

The effective enjoyment of basic rights largely depends on communicative processes and other forms of social interaction. Traditional conceptions of basic rights do not explicitly address this relevance of social interaction, though. Legal conceptions of basic rights rather focus on the right to a particular discretionary, but isolated and individual behaviour. This article points out the different established dimensions of basic rights protection and points out the relevance of social interaction for the enjoyment of basic rights as well as the legal consequences in different jurisdictions.

     

国际人权条约缔约国义务与实施机制

国际人权条约中缔约国义务与实施机制有着密切的联系，实施机制中包含了缔约国义务。故本文将此二者放在一起阐述。现行有效人权条约几十项，本文只就有独立实施机构的几项条约来作分析。…….     

Spotlight on research integrity: international insights on strengthening research culture in the forensic sciences and beyond

The Singapore Statement on Research Integrity, articulated during the 2nd World Conference on Research Integrity in 2010, encompasses principles that apply to all research endeavours, including the various disciplines that comprise the field of forensic science Singapore Statement on Research Integrity (2010) (https://wcrif.org/guidance/singapore-statement). Cases of research misconduct and breaches of research integrity in any field undermine the trustworthiness of research and make it difficult if not impossible for others to rely upon and replicate research results. Moreover, problems in the research environment, whether in the academic, public, or private sector, can include bullying and harassment, discrimination, abuse of power and corruption, as well as competitive pressures related to employment and status.     

US patent infringement statute extends to the international market for copies of US software

In a patent infringement action involving the internationaldistribution of Microsoft's Windows software, the United StatesCourt of Appeals for the Federal Circuit has interpreted USpatent statute 35 USC section 271(f) as extending infringementliability to foreign computers assembled with copies of softwarereplicated abroad from a US-made master version.     

Welfare state, unemployment, and social justice: Judgments on the rights and obligations of the unemployed

This article reports judgments on the rights and obligations of the unemployed in The Netherlands. A large majority of the Dutch population is shown to support (i) the unemployed’s right to social security as well as their obligation to work, (ii) the principle that declining a job offering should be punished, and (iii) harsh sanctions in some specific cases of job refusal. An emphasis on the obligation to work results from conservative attitudes regarding both distributive justice (economic conservatism) and retributive justice (cultural conservatism). Furthermore, conservative attitudes regarding distributive justice derive from a privileged economic position (especially high income and infrequent experience of unemployment), whereas conservative attitudes regarding retributive justice result from a restricted cultural position (low level of education, technical rather than cultural type of education, and limited involvement in arts and culture).     

Conflicts and coordination between the right to issue US dollars as international currency and the protection of international human rights

In the existing global financial system, the US private central bank controls the right to issue international currency, while the rest of the world have to involuntarily leave their destiny to such system. In the current financial crisis, American government evaded and deviated from due regulation. It is virtually a robbery of other countries as well as a serious infringement upon international human rights. In such a situation, other countries should stick to the international community standard and the protection of international human rights to fairly distribute the interest deriving from the right to issue international currency, and establish a monetary exchange mechanism; or abide by the principle of “one world, one currency” and accordingly come up with a common international currency, or form a monetary union to safeguard the economic sovereignties; or enhance the due position, rights and interest of the developing economies in the existing international financial system; or strengthen efforts in reforming and building the regime of international financial regulation to prevent people’s legitimate property, rights and interest from being infringed.     

Informal payments for health care: definitions, distinctions, and dilemmas

There is increasing interest in the issue of informal payments for health care in low- and middle-income countries. Emerging evidence suggests that the phenomenon is both diverse, including many variants from cash payments to in-kind contributions and from gift giving to informal charging, and widespread, reported from countries in at least three continents. However, cross-national research is hampered by the lack of consensus among researchers on the definition of informal payments, and the definitions that have been proposed are unable to incorporate all forms of the phenomenon that have been described so far. This article aims to overcome this limitation by proposing a new definition based on the concept of entitlement for services. First, the various forms of informal payment observed in practice are reviewed briefly. Then, some of the proposed definitions are discussed, pointing out that none of the distinctive characteristics implied by these definitions, including illegality, informality, and corruption, is adequate to capture all varieties of the phenomenon. Next, an alternative definition is formulated, which identifies the distinctive feature common to all forms of informal payments as something that is contributed in addition to the terms of entitlement. Then, the boundaries implied by this definition are explored and, finally, the implications for research and policy making are discussed with reference to the lessons developed countries can learn from the experiences of transitional countries.     

欧美并购控制法实体标准比较研究

实体标准是整个并购控制体系的核心 ,也是反垄断法的重要内容之一。欧盟最新并购控制立法确立的“严重妨碍有效竞争”实体标准与美国奉行的“实质性减少竞争”标准一样都反映着并购控制的本质。欧美采取大同小异的并购实体标准有利于推动国际跨国并购审查结果的一致性 ,促进并购活动的发展。我国应确立“严重妨害正当竞争”实体标准并配套颁布并购评估指南 ,注重并购审查的经济分析     

驰名商标淡化：美国的理论与实践

一、驰名商标淡化的含义 驰名商标因其自身蕴含的巨大经济价值,较之于普通商标更易受到各种类型的侵害.因此,如何对驰名商标进行特殊保护也就成为各国必须面对的问题.美国的驰名商标反淡化制度无疑是解决这一问题的最具影响的措施之一.