“入世”后我国的依法行政

WTO规则作为全球多边贸易规则,其规范的对象乃是缔约成员方政府的行政行为.我国加入WTO后,受影响最大的将不是"企业"而是"政府",传统的"依法行政"将受国际经济全球化更多的影响和制约.中国加入WTO后,WTO规则将成为我国司法部门和行政部门履行WTO协定的法律依据,成为依法行政的重要法律依据;行政的公开、透明将被充分重视,行政行为方式将更加多样化、规范化和程序化;行政行为的法律救济制度将进一步完善.     

侵权行为的一般条款研究

从理论上界定侵权行为并在立法上将其一般条款化,关系到侵权法乃至整个民法典的立法体系问题。传统理论将侵权行为与侵权责任相混淆,从构成要件上界定和表述侵权行为,存在诸多理论问题和实务弊端。在侵权行为日益增多、维权意识逐步增强的现代社会,必须将侵权行为与侵权责任相区分,真正从行为意义上界定侵权行为;只有针对不同的侵权行为,赋予权利人不同的请求权,并对侵权行为规定不同的法律后果,才能从根本上实现对民事权利的全面保护和救济。     

Sweat or No Sweat: Foreign Workers in the Garment Industry in Malaysia

In the last decade factory owners, in response to brand-name Corporate Social Responsibility (CSR) parameters, have joined associations that verify (through a monitoring and audit system) that management does not exploit labour. There have been no reports of violations of codes of conduct concerning Malaysian workers but for foreign workers on contract there are certain areas that have been reported. These areas, including trade union membership, the withholding of workers' passports and unsuitable accommodation, generally escape notice because auditors who monitor factory compliance do not question the terms of contracts as long as they comply with national labour standards. This paper is based on research with foreign workers in Malaysia and argues that despite the success of the anti-sweatshop movement in a global context, the neo-liberal state in Malaysia continues to place certain restrictions on transnational labour migrants which breach garment industry codes of conduct. Available evidence does not support the assumption that CSR practices provide sufficient protection for both citizen and foreign workers on contract in the garment industry.     

我国老年监护制度的立法突破及相关问题

In the backwash of the world adult guardianship system reform, China has amended the Law on the Protection of the Rights and Interests of the Elderly and set up Article 26 which provides the guardianship by conduct and the designated guardianship for the elderly, which has made the breakthrough of the reform in the legislation of adult guardianship system and replenished the types of the persons under guardianship. Thus has established a new system for guardianship by conduct and expanded the applicative scope of the designated guardianship. It has also expanded the regulatory scope of the liability of guardian stipulated by Article 32 of the Tort Law of P.R.C and the scope of persons without civil procedure competency. So it is of great value both in legislation and society. As the provisions are still simple, some related issues will be caused by the legislation of the elderly guardianship system. For instance, the guardianship by conduct for the elderly has been set up without providing the procedure of making agreement, the necessary supervision system, and the registration system for it. Besides, measures and standards to determine whether an elderly has completely or partially lost his/her civil competency have not been established. Meanwhile, the guardianship by conduct should be expanded to all kinds of adult guardianship. And a comprehensive supervision system for guardianship has not been established neither. All of these issues need supplementary regulations to make proper adjustment.     

The Parliament of Bangladesh: Representation and Accountability

This article is inspired by a recent debate in Bangladesh about the representative credentials of members of parliament (MPs) who have started to assert a pre-eminent and exclusive role for themselves as people's elected representatives. It investigates three dimensions of their representative role. Political representation is analysed by fairness of the electoral process and the space for opposition. Representation of social diversity is evaluated by gender, religion, ethnicity and socio-economic background of MPs. Constituency representation is explored with a particular focus on parliamentarians' involvement in local development work. Provision of constituency services by the MPs, through control and partisan distribution of public resources, has led to allegations of corruption and conflict of interest. Adoption of a code of parliamentary conduct is essential to establish a formal mechanism to hold MPs accountable to citizens.     

The Use of Drones in Pakistan: an Inquiry into the Ethical and Legal Issues

It is clear the United States and other major powers see drone warfare as the wave of the future. Today more than 70 countries possess drone technology and many others are seeking to acquire it. It is expected that within 20 years, there will be swarms of drones and many autonomous fighters and bombers in use around the globe. If the trends continue as anticipated, these drones will usher in a ‘boundless and borderless war without end’. The development of technological improvements will eventually lead to a militarisation of foreign policy and unnecessary conflicts. While the circumstances in Pakistan are unique, the questions surrounding the US drone programme in non‐combat zones such as Pakistan raise important issues regarding how drone use should be governed in the future. This article is an attempt to analyse legal and ethical issues raised by the US use of drone technology in non‐combat zones such as Pakistan, and it looks into its underpinnings and also its repercussions as tool in prospective warfare.