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61.
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On 8 June 2000, the EU adopted the landmark 'electronic commerce' directive, a legal framework for the development of information society services. This article examines the rationale and evolution of EU policy for e-commerce and the key features of the directive. These include establishing the responsibilities of service and intermediary service providers, procedures for concluding on-line contracts and redress and enforcement mechanisms. It also explores the extent to which the directive clarifies the national law applicable to cross-frontier transactions and the relationship between the directive and private international law. The directive makes an important contribution to encouraging trust in the new technologies by establishing an EU-wide model for e-commerce, but it is by no means clear that it goes far enough. The continuing divergence of consumer protection policies and uncertainties about jurisdiction, securing redress, the liabilities of service providers and the status of contracts based upon web-site advertisements may continue to discourage the development of e-commerce in the Community. 相似文献
63.
Abstract. Drawing on the political theories of corporatism, neo–liberalism and pluralism, and on comparative empirical research in Brussels, Germany, Sweden and the UK, this article conceptualises the nature of Europeanised medicines regulation. It argues that a marketisation of regulation has been established in the European Union as a result of competition between national regulatory agencies for 'regulatory business' from the pharmaceutical industry. In the pharmaceuticals sector the Europeanised regulatory state is a product of three key factors: (a) the European Commission's commitment to an 'efficiency' regime which would meet the political objectives of a single European market and the commercial agendas of transnational pharmaceutical companies, (b) the endemic corporate bias associated with medicines regulation in the most influential member states, and (c) the considerable success of neo–liberal politics across a number of major member states, including Germany, Sweden and the United Kingdom. 相似文献
64.
Sarah Ellen Graham Author VitaeAuthor Vitae 《Orbis》2009,53(1):80-98
As the Bush presidency draws to a close, the foreign policy community is taking stock of contemporary U.S.-Northeast Asian relations, assessing the challenges and opportunities that are likely to confront the next administration. China presents both in abundance, as reflected in ongoing tensions and misunderstandings in the Sino-American bilateral relationship. This article assesses the prospects for Washington to improve its relations with China through the mechanism of “track two” diplomacy. First, we expand on the track two concept by examining its main components and functions with illustrative examples. We extend the existing conceptualization of track two beyond its traditional conflict resolution functions and develop an account of it as a mechanism for policy coordination and the reorientation of regional dynamics from conflict to cooperation. Second, we identify major areas of U.S. interest in Northeast Asia and show how track two diplomacy might usefully be pursued within these contexts. Our analysis culminates with recommendations on how the Unites States should apply track two strategies in its relations with China. 相似文献
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66.
Martin GP 《Public administration》2011,89(3):909-932
The ‘modernization’ of British public services seeks to broaden public sector governance networks, bringing the views of third sector organizations, the public and service users (among others) to the design, management and delivery of welfare. Building on previous analyses of the contradictions generated by these roles, this paper draws on longitudinal qualitative research to enunciate the challenges faced by one third-sector organization in facilitating service user influence in a UK National Health Service (NHS) pilot programme, alongside other roles in tension with this advocacy function. The analysis highlights limits in the extent to which lateral governance networks pluralize stakeholder involvement. The ‘framing’ of governance may mean that traditional concerns outweigh the views of new stakeholders such as the third sector and service users. Rather than prioritizing wider stakeholders' views in the design and delivery of public services, placing third sector organizations at the centre of governance networks may do more to co-opt these organizations in reproducing predominant priorities. 相似文献
67.
DeYoung PA Hall CC Mears PJ Padilla DJ Sampson R Peaslee GF 《Journal of forensic sciences》2011,56(2):366-371
A procedure has been developed to analyze the trace element concentrations in glass fragments using particle-induced X-ray emission (PIXE) spectrometry. This method involves using accelerated protons to excite inner-shell electronic transitions of target atoms and recording the resultant X-rays to characterize the trace element concentrations. The protocol was able to identify those glass fragments that originated from different sources based on their elemental analyses. The protocol includes specific approaches to calculating uncertainties and handling measurements below the level of detection. The results indicate that this approach has increased sensitivity for several elements with higher atomic number compared with X-ray fluorescence methods. While not as sensitive as laser-ablation or inductively coupled plasma mass spectrometry methods of dissolved samples, it is entirely nondestructive and entails a much simpler sample preparation process that may be used to presort glass fragments for more comprehensive elemental analysis. As such, the technique described may have a niche role in forensic glass analysis. 相似文献
68.
Mellsop GW Fraser D Tapsell R Menkes DB 《International journal of law and psychiatry》2011,34(5):331-335
In considering psychiatric evidence, criminal justice systems make considerable use of labels from official psychiatric classificatory systems. There are legislated requirements for psychological and/or behavioural phenomena to be addressed in legal tests, however medico-legal use of the current categorical diagnostic frameworks which are increasingly complex is difficult to justify. The lack of validity in large domains of the present classificatory systems is now more openly acknowledged, prompting a critical rethink. Illustrative examples include post-traumatic stress disorder, various personality disorders, and dissociative identity disorder. It follows that the Courts' faith in the present categorical classifications (e.g., DSMIV and ICD10) is misplaced and may be ultimately unhelpful to the administration of justice. 相似文献
69.
Graham McBain 《Liverpool Law Review》2011,32(1):65-92
The Crown had many prerogatives (privileges) which other legal and natural persons did not have, due to the pre-eminent role of the sovereign. Some of these the Crown delegated to its subjects. That is, it franchised them, in return for money. In modern times??with the sovereign only having a formal role??it needs to be considered whether these Crown prerogatives should pass to the control of Parliament. Also, where they are obsolete, their abolition. A previous article has argued for the abolition of many obsolete prerogatives relating to the military. This article argues that the prerogatives of the Crown to levy pontage (a toll for the building, and repair, of bridges) and murage (a toll for the building, and repair, of town and city walls for defensive purposes) should be abolished. So too, the right of the Crown to waifs (stolen goods cast away by a thief in flight) and estrays (animals wandering in any manor or lordship whose owner is unknown). Also, that the prerogative of the Crown to unmarked mute swans in open water be restricted to the Thames??where it is only presently exercised. Finally, this article argues for the abolition of the palatinates of Lancaster, Chester and Durham??since the prerogatives once given to them by the Crown have now reverted to the same??and for the abolition of various long obsolete prerogatives given to the Cinque Ports. 相似文献
70.