Casting Aside Clanking Medieval Chains: Prerogative,Statute and Article 50 after the EU Referendum

This article confronts the controversies surrounding Article 50 by analysing the relationship between statute and prerogative in the UK. The piece focuses on domestic constitutional issues and suggests a new way of classifying the relationship between statute and prerogative into two types falling under ‘the abeyance principle’ or ‘the frustration principle’. The abeyance principle means that where statute and prerogative overlap, the prerogative goes into abeyance. The frustration principle means that where statute and prerogative give rise to potential inconsistencies, but do not overlap, the prerogative cannot be used inconsistently with the intention of parliament as expressed in the relevant legislation. It then argues that Article 50 has the status of primary or ‘primary‐equivalent’ legislation which could justify applying the abeyance principle. This would mean that the trigger power would be exercised on statutory authority rather than through prerogative powers. If the courts are unable thus to construe the relevant legislation it argues EU law requires the courts to bridge the gap. Alternatively, if the abeyance principle is not applicable, it argues the frustration principle could apply but the circumstances in this litigation fall outside it. In the further alternative, EU law could require the frustration principle itself to be set aside in this case.     

A Dive into Deep Constitutional Waters: Article 50, the Prerogative and Parliament

This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power to trigger Article 50 remains within the prerogative, contesting Robert Craig's argument in this issue that it is now a statutory power. It then suggests a number of arguments as to why the frustration principle may be of only doubtful application in this case, and in doing so it re‐examines one of the key authorities prayed in aid of it ‐ the Fire Brigades Union case.     

民族地区社会稳定长效机制实施保障研究

民族地区社区稳定长效机制的实施是一个系统工程,需要组织领导、政策、制度、法律、经费、物资与设施设备等多种要素的协调作用与有力保障。组织领导是民族地区社会稳定长效机制实施的主导要素,政策、制度、法律是民族地区社会稳定长效机制实施的规则要素,经费与物资是民族地区社会稳定长效机制实施的物质支持要素。     

Water Privatization in Spain

Abstract

Water management in Spain is submitted to a non‐uniform geographical and seasonal distribution of water resources. The non‐uniform distribution of resources is worsened by the non‐uniform allocation of demand (mainly irrigation and urban). Because that, water supply, aquifers, and wetlands are driven to a high risk. Even though, there are examples of good water management, as is shown for the private industrial productivity of used water. Spain has a very long tradition in public water management (first water law in 1879) at different levels from ministry to municipalities, including users communities. A lot of these organisations are anchored in very old ways of doing, given private sector the opportunity to enter and grow up. A survey about it is presented. In the management of urban water, there are different organisations involved: central administration; autonomic, regional and metropolitan authorities; urban water suppliers and the sanitation authority. The recently approved changes in the former Spanish Water Law, limiting water rights and introducing water market, the new and expected Hydrological National Plan and the European Framework Directive, reinforce the opportunities of the private sector to enter, giving financial resources, technological advances and quick answers to new social concepts in water managerial procedures. We can observe how the Spanish administration uses private water suppliers' front desks to collect taxes and to supply capital to invest in infrastructures and water technology. The question that needs to be addressed is the nature and the impact of the privatisation process in Spain. The unrealistic water urban services price in Spain has been studied and it is presented and evaluated by regions, presenting a deficit to be covered in the future and been a significant gross value of the future business, which invite private sector to participate in. To give a general scope over the evolution of the roll played by the private and public sector, the case of Catalonia, the more evolved autonomous region of Spain in water management, is presented as an example of the future for the rest of the country.     

Subnational Governments in the Negotiation of the Multiannual Financial Framework 2014–2020: The Case of Spain

The negotiation of the Multiannual Financial Framework 2014–2020 has been an outstanding topic on the agenda of the EU during the past few years, on which subnational units also tried to have a say. In this article we analyse the formal institutional framework available for the Spanish Autonomous Communities to participate in the negotiation of the Cohesion Policy 2014–2020 and the Common Agriculture Policy 2014–2020. By analysing this participation, this text explores how this institutional framework has evolved during the past few years and how the Autonomous Communities could represent their interests at the domestic and supranational level within these crucial negotiations.     

Multi-level Implementation of International Law: The Role of Vertical Epistemic Communities

Subnational entities in federal states typically retain a degree of sovereignty and enjoy leeway in implementation, raising questions such as whether—and how—international law is actually implemented at the subnational level. This article sheds light on these questions, using two contrasted case studies in Switzerland: The Istanbul Convention on domestic violence and the European Union (EU) Directive 2016/680 on data protection. Based on a document analysis of the law-making process and 44 semi-structured interviews with national and subnational political actors, we observe how international obligations are legally implemented, that is, transposed into legislation at the subnational level. Our results show that: (1) Subnational civil servants play a decisive role, while members of parliament are marginal. (2) Civil servants may constitute Vertical Epistemic Communities (VECs), which are able to “technicize” the issue to ensure swift implementation through administrative venues. (3) VECs are particularly influential as they use intercantonal conferences as institutional platforms to shape implementation processes. Otherwise, implementation becomes politicized, and its success strongly depends on subnational politics.     

《欧共体非合同义务法律适用条例》评析

以欧共体首次颁布的<非合同义务法律适用条例>(文中简称<2007年罗马二号条例>)的法律结构为基本框架,首先分析该条例的适用范围及其与欧共体其他二级立法和国际公约之间的关系,突出显示其在适用方面的广泛性,同时也指出成员国今后在独立对外缔约权方面将会面临的困惑;然后,通过对该条例关于侵权或过失不法行为、不当得利、无因管理和缔约过失责任的法律适用.当事人的法律选择自由以及相关配套制度的全面系统分析,揭示其隐含的法律原则和价值理念,同时指出其存在的漏洞和模糊之处.最后,提出尽管存在某些缺陷和不足,作为欧共体第一部非合同义务法律适用方面的统一法典,<2007年罗马二号条例>在努力消除各成员国在非合同义务法律适用方面的差异,防止和减少当事人竞择法院乱象的发生,增强适用法律的确定性方面,基本达到了预期的立法目标;其在欧共体非合同义务法律适用统一法进程中,无疑将会具有里程碑式意义.     

Terrorism,Agenda 2063 and the challenges of development in Africa

The nobility of the objectives and aspiration of the African Union's Agenda 2063 towards the developmental needs of the African people are laudable, as are the attempts being made to ensure collective action, despite the ‘shield of sovereignty behind which too many corrupt leaders have hidden’. However, these noble objectives and aspirations may be undermined and threatened by the upsurge in militant Islamism and the spread of terrorism within and outside Africa, a fact not being addressed by Agenda 2063. Yet while Agenda 2063 does not seek to address the challenges posed by terrorist networks within the continent, which are threatening human security as well as the sovereignty, territoriality, legitimacy and stability of political regimes, these issues are at the core of the agenda. This article argues for Agenda 2063 to step up its efforts to combat both the roots of terrorism and the threat to development that terrorism itself poses.     

台湾早期移住民的史前文化述论

本文根据目前所见的考古资料和前人的研究成果 ,概述了台湾早期移住民各族群的史前文化 ,认为台湾最早的居民是分东西两路来自我国大陆的古人类     

Britain and Europe

Britain decided to join the European Community because its postwar, postimperial policies had failed and successive Governments saw no viable alternative. After ten years of being denied entry by De Gaulle, Britain joined on disadvantageous terms and with the British political parties, and the British people, deeply divided. Accession did not resolve the underlying issues and Britain's first year of membership saw an unprecedented oil crisis, bad relations between Britain and the United States and the demise of the British government led by Edward Heath. The underlying issues which had not been resolved in the accession negotiations were reopened by Harold Wilson and later by Margaret Thatcher. Some of them remain unresolved in British politics to this day.