Direct‐to‐Consumer Genetic Testing,Gamete Donation,and the Law

Once thousands of dollars, direct‐to‐consumer (DTC) genetic testing has become affordable and readily accessible in recent years. The technology can reveal a wealth of information to consumers: health risks, ancestry composition, and connections to genetic matches through relative databases. However, the law has not yet regulated many aspects of this new technology. This article analyzes how the law should regulate DTC genetic testing within the context of gamete donation. It will argue that gamete donors’ privacy interests warrant state regulation of DTC genetic testing kits and their associated genetic relative databases. It will also explore how state regulation should balance the competing interests of gamete donors and of donor‐conceived individuals.     

商业化基因检测的法律规制

商业化基因检测有别于医疗服务行为,是主要面对消费者提供的检测服务.由于其发展较快,行业内未形成规范化的标准,使得检测市场较为混乱.介绍了商业化基因检测的现状和问题,论述了对商业化基因检测加以规制的必要性并提出了相关的对策建议.     

Money launderers and tax havens: Two sides of the same coin?

This paper investigates whether tax havens have an incentive to maintain low regulatory standards in order to attract black money activities. Using a new dataset on money laundering regulation, the results of this study show that tax haven and money laundering services coincide within the same country. This effect is especially observable for regulative instruments which increase the probability of detecting money laundering; whereas in the case of punitive regulation for money laundering the complementary relationship is weaker, perhaps due to a “false friends” effect. If we classify tax havens according to their per capita GDP, poorer tax havens in particular tend to supply both services, because the gains from their tax haven status are low compared to those of wealthier and well-established tax havens. From a policy perspective the results add new insights to the debate on the welfare effects of tax havens since the results suggest that poorer tax havens might be reluctant to provide the necessary regulatory environment in order to constrain money laundering. This externality is beyond the familiar tax revenue effects caused by tax havens.     

政府审计风险的程序规制

经济结构的复杂化、社会需求的多样化,增大了政府审计风险,呼唤与之相适应的规制工具。审计程序以其兼容性、中立性、可操作性等品质而成为审计机关规制风险的首选工具。针对我国审计程序存在条款少、风险规制不足等缺陷,亟需从影响审计免疫系统功能的关键点入手进行程序再造,以提高审计机关识别、化解和预防风险的能力。     

行政自我规制与行政法治:一个初步考察

立法机关、司法机关对行政实施的规制,是实现行政法治的重要工具,但它们作为外部规制力量,有其局限之处,尤其是在当下中国的政治、法律情境之中。因此,自改革开放以来,在法理型统治的选择、民主和法治的意识形态和现实需求、行政的民主合法性压力以及官僚科层制结构等诸多动力之下,行政自我规制一直是推进行政法治的另一重要力量。该力量的效用应予认真对待、予以积极评价,却不可过分依托,外部规制仍然是更需要发展的。     

实施中的“软”“硬”之法:规则的不服从与服从

法律在实施中既有执行软弱的问题,也有执行过于刚硬的问题。如何避免执法者和守法者在服从法律规则上的过于僵硬或机械?主要可从两个方面解决:一是处理好原则与规则的适用关系。当规则与原则一致时,先适用具体的规则;当规则与原则不一致时,应优先适用原则。二是公民的抵抗权问题。法律应赋予公民出于道德良知的判断(或特殊行业的执业者出于职业道德)而故意违反现行法律规定的权利。总之,法制应该具有"温情"的一面。     

Regulation of Liberalised Network Industries: Infostructure as a Missing Link

The aim of this paper is to evaluate how infostructure has been reformed in the liberalisation process of network industries, which has involved third party access to the network through a comparison of the electricity, railway, and civil aviation sectors in Switzerland. Our theoretical argument posits that infostructure is a missing link in the study of the regulation of liberalised network industries. Infostructure is defined as the control and command services that are necessary for monitoring the access to and optimising the uses of infrastructure. Our empirical comparison of the sectors aims at answering the principle question: What is the impact of the management of infostructure on the liberalisation process and the structure of liberalising markets? This study of the liberalisation of network industries in Switzerland highlights the potential strategic function of infostructure in the context of opening to competition and internationalising markets. Infostructure management can impact infrastructure ownership and service operation in terms of market structure and constrain access to the infrastructure and the market. Infostructure could also weaken the capacity to regulate the entire sector from regulatory agencies, particularly when self‐regulatory arrangements control third party access to the network.     

The Regulatory State in Developing Countries: Can It Exist and Do We Want It? The Case of the Indonesian Power Sector

Abstract

In the rush for development, the regulatory state has assumed the mantle of a new panacea: the instruments and mechanisms necessary for better government, better governance, and better lives. This paper poses two basic questions in response to the rise of the regulatory state and its increasing diffusion into developing countries. First, can regulatory states exist in developing societies or, more accurately, can effective regulatory states emerge and hope to function in a manner similar to their counterparts in developed countries and deliver the types of benefits and outcomes they promise? And second, do regulatory states offer the most effective modalities for delivering enhanced social well-being? By unpacking the concept of the regulatory state and addressing its underlying assumptions and implicit normative values, it is suggested that the modalities of governance entailed in the regulatory state model may not be well suited to developing countries, hurting rather than enhancing governance outcomes. These issues are explored in relation to the Indonesian energy sector, specifically the upstream electricity generation, transmission and distribution sectors, and the machinations involved in governing the sector.     

The proposed data protection Regulation replacing Directive 95/46/EC: A sound system for the protection of individuals

The recent release by the European Commission of the first drafts for the amendment of the EU data protection regulatory framework is the culmination of a consulting and preparation process that lasted more than two years. At the same time, it opens up a law-making process that is intended to take at least as much time. The Commission has undertaken the herculean task to amend the whole EU data protection edifice, through the introduction of a General Data Protection Regulation, intended to replace the EU Data Protection Directive 95/46/EC, and a Police and Criminal Justice Data Protection Directive, intended to replace the Framework Decision 2008/977/JHA. This paper shall focus at the replacement of the EU Data Protection Directive by the draft General Data Protection Regulation. Due to the fact that the draft Regulation is a long (and ambitious) text, a selection has been made, with the aim of highlighting its treatment of basic data protection principles and elements, in order to identify merits and shortcomings for the general data protection purposes.     

Data processing by police and criminal justice authorities in Europe – The influence of the Commission's draft on the national police laws and laws of criminal procedure

The proposal for a fundamental reform of the European data protection law, published by the EU Commission on 25 January 2012 is composed of two elements. Apart from a General Data Protection Regulation, the Commission proposes a second regulatory instrument, namely a Directive with regard to data processing by police and criminal justice authorities that shall supersede the Council Framework Decision 2008/977/JHA. This paper seeks to analyse the draft Directive in the context of the entire reform approach and scrutinizes a number of specific issues in regard to the scope, the requirements of data processing, notification duties and data transfer to third countries.