A Review of “Setting the Standard: Certification,Governance, and the Forest Stewardship Council”

Abstract

As the United Nations Convention on the Law of the Sea (UNCLOS) establishes itself as one of the premier regimes in international law, member states are increasingly availing themselves of the significant dispute settlement provisions found in Part XV. The International Tribunal for the Law of the Sea (ITLOS) is beginning to take its place in the pantheon of major international tribunals. Although its jurisprudence thus far has largely consisted of applications for prompt release of vessels, these cases have arisen from disagreements over fishery practices and the enforcement of fishery laws by coastal states. The ITLOS is developing into a transparent, consistent and speedy forum to adjudicate marine disputes arising from UNCLOS. While the overall scope and reach of Part XV may be uncertain at the present time, especially vis‐à‐vis other dispute settlement institutions, the early activity under Part XV is promising. Those concerned with marine wildlife issues should be encouraged by the potential of Part XV, the ITLOS in particular, to serve as an effective regime in the realm of marine wildlife dispute settlement.     

Costa Rica's biodiversity law: Sharing the process 1

Abstract

This article assesses the prospects for Costa Rica's new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.     

The Role of the Chemical Weapons Convention in Countering Chemical Terrorism

A series of incidents over the past two decades has indicated that some terrorist groups are interested in acquiring and using improvised chemical devices (ICDs). Although the 1993 Chemical Weapons Convention (CWC) is a disarmament treaty that is legally binding only on sovereign states that join it voluntarily, the Convention fortuitously includes several provisions that can help its members to prevent chemical terrorism or to manage the consequences of an attack. This article examines the articles of the CWC that are relevant to counterterrorism and discusses how their implementation could be improved at the national and international levels. The article also addresses the role that the CWC secretariat, the Organization for the Prohibition of Chemical Weapons (OPCW) in The Hague, currently plays in preventing and responding to incidents of chemical terrorism, and the political factors that constrain its activities in the counterterrorism field.     

Intercountry Adoption from Guatemala and the United States

Abstract

On October 6, 2000, President Clinton signed the Inter-country Adoption Act of 2000 (H.R. 2909), which represents the United States' implementation of the 1993 Hague Convention on Protection of Children and Co-operation in Respect on Intercountry Adoption (Joint Council on International Children's Services, 2000). The Ratification of this international treaty came about as increasing attention was brought to the need for greater oversight of Intercountry adopters both into and out of the United States. Over the past decade, the number of United States citizens adopting children from overseas has more than doubled. There are also an increasing number of children who are United States citizens that are being adopted by citizens of other countries. Both the United States and Guatemala have established policies of participation in Inter-country adoption as sending nations primarily to address the problem of how to best care for children permanently separated from their families of origin. However, further analysis indicated that there are problems that these policies indirectly address which are much more complex. The purpose of this paper is to describe and analyze these policies.     

The exclusion of Roma claimants in Canadian refugee policy

The arrival of thousands of European Roma seeking refugee status in Canada elicited a range of legislative and policy instruments that severely restrict their acceptance and create conditions antagonistic to further admissions. Interventions have included visa restrictions, actions by Immigration and Refugee Board, the Balanced Refugee Reform Act followed by the Protecting Canada's Immigration System Act, and ministerial rhetoric about the illegitimacy of Roma as refugees. Other factors have involved interpretations of persecution in relation to the Geneva Convention and Protocol, and the implications of the conditions required for membership to the European Union. These political circumstances in large part determine Canadian acceptance rates for the Roma. Their systematic exclusion is reminiscent of the historical treatment of other groups due to institutional racism. In the new racism, however, refugee law and policy is racist in effect while evading the language of race.     

接轨:挑战与机遇的来临——论加入《联合国反腐败公约》后中国刑事法制的自我调整

我国现行反腐败刑事法律制度与《联合国反腐败公约》存在一定的差距。从实体法方面看 ,该公约对诸多行为的犯罪化态度与我国现行刑法规定很不一致 ;从程序法以及证据方面 ,该公约提出的诸多要求 ,需要我国现行法律积极回应 ;从反腐败国际合作看 ,如何加强国际合作 ,创造稳定的国际合作机制 ,对于我国今后反腐败工作的开展具有重要意义。该公约所建立的诸多机制 ,为我国积极预防和遏制腐败犯罪提供了很大的机遇 ,同时也对我国现行刑事法制提出了挑战。如何根据我国实际与该公约的规定相衔接 ,是我国目前需要认真解决的一大课题。     

从旭普林公司案看我国法院对国际商事仲裁的监督

运用国际商事仲裁的一般理论和国际商事仲裁立法与实践,结合我国法院就国际商会国际仲裁院仲裁庭根据该院仲裁规则就德国旭普林公司案在我国上海作出的仲裁裁决所实施的司法监督,探讨了国际商事仲裁裁决与涉外裁决、外国裁决和《纽约公约》项下的非本国裁决之间的联系与区别。由此认为本案项下的裁决,既不是我国裁决,也不是外国裁决,而是《纽约公约》项下的非内(本)国裁决。     

日本主权豁免法制的最新发展与启示

作为联合国《国家及其财产管辖豁免公约》的缔约国,日本通过国内立法完成了对公约的转化。出于限制豁免主义立场的考虑,日本在商业交易的判断标准、给予外国国家豁免的具体情形以及外国国家参加法院诉讼的法律效果等问题上对公约进行了较大修改;出于与国内法衔接的考虑,对国家与国家企业的关系采取了回避的态度;而在劳动者损害赔偿诉讼的管辖权等方面,虽然条文表述有异,但却符合公约的精神。日本国内立法的整体方向是扩大日本的司法管辖权,这一点既需要引起我们的警觉,也值得我们借鉴。     

追续权的理论与立法

追续权由法国所首创,旨在保护著作权人从作品后续交易中获得收益的权利。尽管《伯尔尼公约》和《欧盟指引》都对追续权作出规定、目前世界上已经有70多个国家承认追续权,但各国在追续权的用语、权力属性及立法合理性上仍存在分歧。著作权人是针对后续交易本身而获益,还是仅对增值获益,以及获益的计算方法;追续权究属人格权、财产权还是复合性权利;规定追续权是否会对市场的经济效果产生影响,这些方面均存在以两大法系为对立双方的重大分歧。尽管中国著作权法修改草案的三个建议稿中对追续权有所提及,但目前没有正式的追续权立法规定。在中国已经成为全球第二大艺术市场的前提下,对追续权的立法很可能提上日程,因此,对追续权的内容以及所涉及的争议进行梳理有重要意义。