Leading Cases from Chinese Courts

An enterprise with qualification of legal person which has beenapproved and registered by the competent state authority shallindependently bear its civil liabilities in accordance withlaw. In order to determine whether the organization that hasset up the enterprise should bear civil liabilities for thedebt of the enterprise, thorough examinations should be carriedout on the investment to the enterprise by the organizationand on whether there are circumstances in which the organizationwithdraws the registered capital of the enterprise or maliciouslytransfer the property of the enterprise. If the organizationhas no fault in the abovementioned aspects, it shall not bearjoint liability for the debts of the enterprise.     

从宪法角度看社会行动者对国家决定的影响

本文在通过分析社会、国家决定和宪法立法的概念,通过德国法学思想区分国家和社会两个概念的历史,在当代德国宪法确立的国家和社会相分离的基础上,讨论了社会行动者对国家立法、行政、司法三方面决定的影响,着重从规范和政治评价的角度,分析了与这些影响密切相关的机会和风险,表明宪法在维持机会和风险之间平衡具有不可或缺的地位。本文作者希望德国的经验对中国建设法治国家有所帮助。     

Examining Factors Co-Existing with Interpersonal Violence in Lesbian Relationships

Interpersonal violence within lesbian relationships is a significant yet understudied problem. Women attending a gay pride festival in Atlanta, GA, were asked to complete a survey concerning same-sex interpersonal violence. Women who reported being in a current or previous same-sex partner relationship were included in the analyses (N = 226). Factors that occurred in the context of interpersonal violence were investigated: substance use, HIV/STI risk behaviors, barriers to reporting abuse, and attitudes inhibiting seeking of social support. In addition, the survey assessed relationship-related power dynamics. Results of multivariate analyses support the hypotheses that power imbalance and inequality when making sex-related decisions within women’s same-sex relationships are associated with interpersonal violence. Further findings suggested that a combination of factors must be considered when dealing with and reducing the risk for violence in same-sex relationships.     

Discourses of Division: Law, Politics and the ICJ Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory

This article undertakes a critical reading of the argumentsused at the bench and the bar in the 2004 ICJ Wall advisoryopinion. The Wall case included an unprecedented number of Stateand non-State participants and it is therefore a valuable sitein which to explore the parameters and limits of legal speech.What argumentative strategies were employed at the Peace Palace?How did different participants present the relationship betweenlaw and politics? In particular, because the example of Palestinecan be seen as a challenge to the post-colonial order, how didThird World States employ the language of international lawin support of Palestinian self-determination? It is shown thatalthough international legal speech is highly restrictive, manyThird World States are willing to challenge its boundaries througha deep-set faith in the dividends of legal argumentation.     

Agency dynamics of International Environmental Agreements: actors,contexts, and drivers

International Environmental Agreements: Politics, Law and Economics - The structural elements of global environmental governance are notoriously difficult to change and align with the needs of a...