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.     

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.     

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：     

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.     

RULE OF LAW IN CHINA-- LEGISLATION REASONING AND ENFORCEMENT OF ANTI-MONOPOLY LAW IN CHINA AND THE WEST

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.     

Constructive condition and application of law of preliminary question

Preliminary question, a legal problem often involved in foreign marriage and foreign succession relations, has ever been discussed by masters in private international law. In the field of private international law study in China, the research on preliminary question has been the receiving and continuing of the British private international law expert, Morris. But his theory of preliminary question is open to question. This article restates the conditions and application of law of preliminary question of from both the theoretical and practical aspects and raises the author＇s new points and propositions.     

ENVIRONMENTAL RESPONSIBILITY REGULATIONS： GUARANTEE THE HUMAN RIGHT TO A HEALTHY ENVIRONMENT

Throughout history, human beings have wastefully utilized human resources, unknowingly at first, and then without taking into consideration the concept of sustainability. This has led to a quantitative and qualitative deterioration of the ecosystems providing the necessary resources to satisfy what current society considers is essential. The international community has conducted several efforts that tend to protect the space in which life develops. Among those efforts we can highlight due to its historical importance： the United Nations Conference on the Human Environment which took place in June of 1972 in Stockholm. There was the participation of l13 countries which signed a declaration that became the foundation for all environmental policies： the Worm Charter for Nature, Then 10 years following the Stockholm conference, it came to ratify the principles originating from the aforementioned event. The United Nations Conference on Environment and Development which took place in Rio de Janeiro in June of 1992 established the principles to achieve sustainable development. The 2002 Johannesburg Summit in South Africa promoted the implementation of concrete actions to comply with the Rio Conference in specific times. In Mexico, the constitutional recognition of the Human Right to an adequate third generation environment for the development and well- being of every individual requires legal protection. This issue becomes crucial to the design and implementation of an environmental protection regime in case of environmental element destruction, whether they are national property or res communes, will allow the damage to be repaired and will reduce the possibility of new damages from happening. Mexico has signed 62 international treaties related to environmental matters. Nine of which refer to environmental damage responsibility before the international community. Environmental Law in Mexico is composed of a series of ordinances that have been issued in different historical moments and contexts. That is the reason why they lack a connection that organizes them and aims them to an ultimate objective. So, here are presented some considerations which are essential in order to operate a legal responsibility system for environmental damages.     

Hypothetical intentionalism in statutory interpretation

Intentionalism is the view that an utterance （understood broadly as a spoken phrase, a written text, or even a gesture） means what its utterer intends to mean by it. In the philosophy of language, Grice＇s version of intentionalism rules the day, but intentionalism in statutory interpretation has well-known enemies. Antonin Scalia argues that the search for the intentions of actual legislators destroys the publicity of law and leads judges into fact-finding rather than rule-application. The author argues for a sophisticated version of intentionalism according to which the utterer of law is not an empirical individual or group of individuals but a hypothetical sovereign. The meaning of a legal text is whatever an ideally rational and reasonable communicator would intend to mean by it. By divorcing the meaning of law from the actual intentions of sometimes-conflicted and insincere legislators, this theory preserves the publicity of law and helps avoid fact-finding. Furthermore, it does justice to canons of construction （e.g., ejusdem generis, noscitur a sociis）, which seem to aim at what an ideally rational and reasonable lawgiver would mean by a given legal text. Finally, hypothetical intentionalism accords with actual judicial practice, at least in the United States Supreme Court, where justices often seem to tacitly assume that the utterer of law always expresses her meaning in the best possible way.     

LEGAL DISPUTES OF MARITIME BOUNDARIESDIMENSIONAL CASE STUDY OF THE THAILANDCAMBODIA

The principal aim of this research is the quest for a well-balanced legal system that reconciles predictability and flexibility in the law of maritime delimitation. As with all types of law, the law of maritime delimitation should possess a degree of predictability. The other flexible considerations of geographical are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a diversity of factors in order to achieve an equitable result？ This, according to the author, is the question at the heart of the law of maritime delimitation. This issue in depth by looking at three aspects of the question.＂ first by looking at the two opposing and contrasting approaches evident in the evolution of the law of maritime delimitation; second, by undertaking a comparative study of the case law and State practice; and third, by examining the theoretic 1958 Geneva Conventions and the pioneer ruling in the North Sea Continental Shelf case.＂ the inherent and ＂ab initio＂ rights of the coastal State, the requirement for delimitation by agreement, and the emphasis on the role of equity. But much remained to be worked out by State practice and by jurisprudence; and in such a novel field, it is perhaps not surprising that there have been many inconsistencies and reversals. There could be no better guide through this labyrinth than whose sureness of direction is based on very detailed study, All problems underlie the law of maritime delimitation. Nowadays, many studies have been written in the field of maritime delimitation. Most of them have focused on the case law. In fact, as is shown in the bibliography, there are many articles relating to inter-national judgments in this field. Since it has been argued that the law of maritime delimitation has developed through international jurisprudence, it was only natural that writers turned to the analysis of case law in this field. By contrast, State practice concerning maritime delimitation has not been suffici     

SWEDISH DISARMAMENT POLICY AND WEAPONS EXPORTS,INVESTIGATED FROM A LARGE TECHNICAL SYSTEMS PERSPECTIVE

Disarmament policy is an established field in international relations. From the perspective of Swedish foreign policy, earlier an intense attention was given to this field, but it has now lost priority. This paper seeks to systematize some determinants in this development. One important factor is the increasing role of weapons exports--in terms of jobs, export income and technical development. The technical element is of decisive importance in combination with international law and international organizations. The analysis is based on concepts and theories from the research tradition Large Technical Systems.     

Pre-constitutional state of customary law in South Africa

Customary law is often criticized for being in conflict with human rights norms, mainly on the grounds that it tends not to emphasize gender equality and discriminate against women. Although customary law has not in the past emphasized equality between men and women, it cannot be regarded as completely in conflict with human rights1. As already stated, one of the principles of human rights is equality between the sexes. Customary law has the same aim as human rights, which is the protection of human dignity2. The conflict may be largely caused by the fact that, ideologically, African customary law is communal or socialist in approach, whereas human rights are based on the premise that a person has rights by virtue of his or her being an individual human being. Now that we in South Africa have a bill of rights and yet we will still have customary law, the question has been and is still being posed whether customary law is not in conflict with universal human rights. The reason for this is that one of the values that underpin our Constitution is equality.3 Customary law on the other hand does not insist on complete equality in every respect. In particular section 9 of the 1996 Constitution provides for equality before the law and for equal protection and benefit of the law, which entails the full and equal enjoyment of all the rights and freedoms. It further proscribes unfair discrimination based on the listed grounds although it allows steps to promote or advance people or categories of persons who have been disadvantaged by unfair discrimination.     

CHINA＇S INTELLECTUAL PROPERTY PROTECTION IN FRANCHISING

Since the concept of franchising was introduced into China, the franch＆ing sector has witnessed a spectacular growth in the last decade. China today ＆ the most franchised country in the world in term of number of systems. The value and success of most franchising concepts are often substantially based on intellectual property -- primarily trademarks, trade names, copyrights, trade secrets, and patents. If a franchisor is to capitalize on the exclusivity of its unique intellectual property to provide it and its franchisees a competitive advantage, legal protection of these valuable assets is essential in China and contemplated business. The tremendous development of franchising has inevitably brought forth different kinds of problems such as the franchise contract disputes, intellectual property infringement disputes, etc. The strong growth of domestic and international franchising urges the great importance of protecting the intellectual property rights （IPRs） in China today. This paper addresses the Chinese franchising law and intellectual property law, analyzing the enforcement and protection of intellectual property law in China today in combination of some judicial cases judged by the courts. With more and more serious situation of intellectual property infringements in China it is crucial for the intellectual property rights to be maintained and safeguarded, some suggestions were put forward to protect the IPRs from the franchisors ＇perspective.     

A JUST LEGAL PROTECTION OF DEPOSITORS AND DEBTORS IN THE BANKING LAW

Depositors and debtors are inherent in banking as an intermediationinstitution. The banking law has not given enough guarantee for banks to do their intermediation function, especially debtors need some protection in their transactions with banks from the pre-to post-transactions. The legal issue of this present research is a just legal protection of depositors and debtors in the banking law.     

China＇s Labor Contract Law and the liberalization of global markets： Will employees＇ rights equate to employers＇ nightmares？

Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers＇ rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China＇s embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States＇ use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law.     

PROPERTY RIGHTS IN CHINA'S CONFLICT OF LAWS

China's new private international law adds choice of law provisions for property.Most of the provisions are innovative.They further clarify the general legal provisions applicable to property with a focus on regulating movable property and commercial securities.The choice of law rules for property comply with relevant international legislation as far as possible.At the time,certain individual provisions are not well drafted and they are inconsistent with current domestic substantive laws.The principle of parties' autonomy was first introduced to the fieM of "movable property"and "movable property in transit,"but it seems goes too far.In light of the gradual opening up of China's securities market,the new law stipulates applicable laws to commercial securities,but it did not take into account the indirect holding system of securities.     

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     

DEVELOPING LANGUAGE ACCURACY WITH ESP （LEGAL ENGLISH） COURSES TAUGHT IN NON- NATIVE SPEAKING ENVIRONMENTS

The article deals with the issue of linguistic accuracy in the broader context of teaching legal English. The development of any legal English syllabus should rely on the careful balancing of legal and linguistic emphases at every step and in every aspect of the course--from the preparatory stage of selecting learning materials to the final stages of language output. The commitment to this sort of balance is illustrated by means of accuracy-sensitive examples from the Anglo-American court practice and serves as the foundation in the development of in-class tasks and activities. Language instructors are to consistently guide the learners＇ progresses by providing the appropriate forms of activities and constant feedback. Teaching legal English in non-native speaking environment demands more attention to cultural issues. Defining all the elements of the course against learners＇ cultural background can facilitate the acquisition of legal and linguistic skills and prepare them for future encounters with other legal systems.     

REMEMBERING THE FORGOTTEN： INTERNATIONAL LEGAL REGIME PROTECTING THE STATELESS PERSONS STOCKTAKING AND NEW TENDENCIES

Statelessness and protection of stateless persons under public international law has not traditionally been in the forefront of academic legal research. This paper aims at drawing a picture on the legal status of stateless persons under public international law, shedding light onto the rather sporadic but noteworthy legal developments after the adoption of the core global instrument in this field, the 1954 New York Convention on the Status of Stateless Persons.     

The right to a fair criminal trial： A South African perspective

The right to a free and fair trial is one of the most basic human fights afforded to mankind. In South Africa, prior to 1994, this right was afforded to accused persons by common law only. The criminal justice system in South Africa however has been changing radically since 1994 due to the inception of first the Interim Constitution and later the Constitution of the Republic of South Africa, 1996. South Africa has a history of human rights abuses-also with regard to criminal trials. The right to a fair trial is now constitutionally enshrined and protected by the Bill of Rights. As a result thereof the application of this right by the South African courts has also changed and what would have passed muster in this regard prior to 1994 would not necessarily do so now. This paper seeks to explain what the right to a fair criminal trial in a democratic South Africa entails with reference to South Africa＇s international obligations in this regard as well as the provisions of the South African Constitution and case law.