Slouching Towards New ‘Just’ Wars: International Law and the Use of Force After September 11th

Netherlands International Law Review -     

eBay Law: The legal implications of the C2C electronic commerce model

This article addresses some of the legal implications of the popular consumer-to-consumer electronic commerce model, in particular the implications of the successful and popular auctions site eBay.     

Some Remarks on the Concept of Toleration

The paper contains a conceptual analysis of "act of toleration" and the property of "being tolerant". Being tolerant is understood as a dispositional property of persons manifested in what the author calls the "circumstances of toleration". The main circumstances distinguished are: a tendency to prohibit a certain behaviour and the competence to determine the deontic status of the behaviour in question. An act of toleration, then, consists in not prohibiting (or cancelling the prohibition of) that behaviour. It is argued that this requires the existence of two different normative systems, the "basic system", and the "justifying system". Acts of toleration must be based on reasons coming from the latter. This insight enables one to establish a difference between reasonable and unreasonable toleration, as well as between toleration and related concepts like indifference, acquiescence, etc. The analysis also introduces the distinction between "vertical" and "horizontal" toleration. Acceptance of this last category implies that toleration does not necessarily require hierarchical relationships between those who tolerate and those whose actions are tolerated.     

Contests Among Bureaucrats

This paper deals with double lobbying: several bureaucratsparticipate in joint lobbying to get a high total departmental budget, butthey also engage in antagonistic lobbying to reap as high a share of thetotal budget as possible. The antagonistic lobbyingconstitutes a contest among the bureaucrats. This papercharacterizes the Nash equilibria in lobbying and shows inwhich way exogenously fixed bureaucratic incomes induce thesame or different lobbying behavior as incentive incomes.     

欧洲对于私生活的法律保护:法国与德国的比较

比较法的研究有助于对欧盟成员国的不同法律传统的理解.①加强共同体公民的法律保障必须要借助于对其基本权利的保护.②在发现成员国的法律保护机制之间存在一定的相似性之后,比较法研究可以揭示出成员国国内法之间存在的一些重要差别.对于法国和德国尤其是如此.     

Omissions relevant to the contextual domains of technology transfer models

Ideographic representations (schematic drawings) are useful for analyzing and communicating complex ideas. They constitute simplified versions of the way multiple and diverse elements, concepts, and variables interact according to each author's conceptions, knowledge, and experience of planned change and change phenomena. Such representations depict a sense of order under a particular model configuration or system notion, involving contexts where action takes place and events occur. This paper is based on the commonality analysis of 46 models related to technology transfer. Within the framework of previously published research, complementary findings are presented here. The discussion is focused on the characteristics of the models' contexts, appealing to some technology transfer aspects widely omitted or neglected. It is suggested that the understanding of intervention contextual domains is important to formulate and implement better technology transfer models.     

Performance-based partnership Agreements for the reconstruction of the health system in Afghanistan

The reconstruction of the health system in Afghanistan is in its early stages, and donors have proposed Performance-based Partnership Agreements (PPAs) through which to subcontract the delivery of health services to private organisations, both for-profit and not-for-profit. Beyond ideological debates, this article sets out to explain the model underlying the PPA initiative and sheds light on empirical data concerning the assumed benefits of such an approach. The article studies privatisation and the contracting-out of health services, though there is as yet no information that can demonstrate the superiority of private over public service provision. Similarly, the merits of subcontracting have not been fully proven and such arrangements raise several ethical issues. Where PPAs are to be attempted, it is important to remain cautious and to ensure that operations are organised in such a way as to permit proper comparison. The paper concludes with recommendations to organisations involved in or considering the advantages of PPAs.