我国法律服务市场准入问题探析

市场准入原则是GATS中一个关键性条件 ,也是成员方履行WTO所规范的实现世界贸易自由化的首要义务。法律服务业属于专业服务 ,中国加入WTO后 ,应采取谈判方式逐步开放法律服务市场 ,因此研究法律服务业如何贯彻市场准入原则 ,以及市场准入的现状、限度和范围 ,具有重要的现实意义。     

Maternal health care challenges within African immigrant communities

Historically, immigration has had a significant impact on the changing demographic of the Canadian society. Each year more newcomers enter the country. There are more than 45 ethno-cultural associations and more than 100 different ethno-cultural groups residing in Nova Scotia. In the recent past, social science researchers are becoming increasingly involved in identifying ways of effectively addressing the social and health needs of this culturally diverse Canadian population. There is very limited literature on the Nova Scotian experiences of immigrant women especially those of African descent. For the government to develop public policy that ensures the inclusion of vulnerable and high-risk populations in our society such as recent immigrants and black people, their perspectives should be considered. Some steps are being taken by individual researchers to illuminate these perspectives. The paper will discuss the findings of a project that examined the health care experiences of immigrant women in a Canadian province with a goal of illuminating health care needs of recent immigrant women and facilitating community capacity building to create positive change for more accessible health care. The data collection method was primarily focused group meetings and workshops held with the individual immigrant communities. Although the project was conducted with immigrants from five regions of the world, this paper will focus on the experiences of first generation immigrant women of African descent with emphasis on their perspectives on the process mothering in a multicultural society. The paper will discuss their childrearing needs and their attempt to address these needs within the spaces of multiculturalism, the two predominant ones being the Canadian culture and that of their countries of origin. The paper will conclude with some suggestions for change at both the practitioner and policy level in order to effectively address the social and welfare needs of this population.     

我国P2P平台准入制度的检讨与重构

目前,我国P2P平台准入制度尚存在准入方式不当、准入条件混乱和准入标准模糊等不足,导致P2P市场出现野蛮增长、良莠不齐、鱼目混珠的乱象。重构P2P平台准入制度,应遵循"理念--模式--制度"的路径,以"适度"为理念设置控制与激励双重标准,选择差异化准入监管模式,具化准入方式、条件和标准等实质性要件。     

论遗传资源获取与惠益分享中的事先知情同意制度

为了应对遗传资源利用中的"生物剽窃"现象,对遗传资源的获取与惠益分享进行有效管制,1992年《生物多样性公约》借鉴其他领域的成功经验,引入了事先知情同意的程序制度,并为各国建立国家与利益相关者的双重事先知情同意制度确立了国际法框架。事先知情同意要求遗传资源获取申请者应在其生物开发活动开展之前的合理期限内寻求相关主体的同意,在这段时间内相关主体可以根据获取申请者以合理方式提供的信息做到全面知情,并以特定格式就获取申请者的获取与惠益分享安排作出明确的、肯定的授权。     

论市场准入原则对我国法律服务业的影响及其对策

市场准入原则是GATS中的一个非常关键性条款 ,也是成员国履行WTO所规范的实现世界贸易自由化的首要措施。要实现贸易自由就必须允许成员国间相互市场准入 ,这是成员国政府开放国内特定服务贸易市场承诺的义务。所以 ,我国加入WTO后 ,要解决的迫切问题就是作好允许GATS中所规范有关服务贸易的十二个行业中的各项准备。其中 ,至关重要的是属于事业服务中的法律服务业 ,这是为服务贸易各行业保驾护航的领头行业 ,也是搞好服务贸易的前提和保证。因此 ,我们必须认真地研究 ,加入WTO后在贯彻市场准入原则的义务中将会给法律服务业带来的影响和挑战 ,以及我们应采取的对策 ,它不仅具有理论意义 ,还具有极其重要的现实意义。     

The decision of the Italian Constitutional Court on numerus clausus: A matter for Community law

This article discusses the recent decision of the Italian Constitutional Court on the numerus clausus issue, containing the first relevant pronouncement by the highest jurisdiction on the constitutional legality of the measures adopted so far by the Ministry. The Constitutional Court considers these measures in conformity with the Constitution to the extent that they implement Community law, and especially certain directives on the recognition of qualifications. Thus, Community law is deemed to provide the proper legal framework to adopt certain regulations, amongst which restrictions to access. This article argues that, in the context of litigation on access to university, Community law has been used improperly and that, in any event, a convenient solution to the issue could have been found in national law. This revised version was published online in July 2006 with corrections to the Cover Date.     

Education as an equalizer and challenges to the American Republic

This paper compares the educational system in the United States with those in two other countries. One is Sweden, a developed country that enjoys peace and social tranquility; the other is Iraq, a developing country that is torn by wars and tyrannical political systems. Based on such comparison and while acknowledging historic differences between the three countries, this paper will identify ＂cost of education＂ as a major causal agent in producing two social groups. The first group is a small, elitist cluster emerging as the leading force in all aspects of society and governance; the second group is a larger under-educated cluster, suffering from insufficient resources and forced into marginalization as voiceless, non-productive, non-competitive and expendable segment in society while plagued by poverty, or under unemployment, crime and economic hardship. In recognizing the limitation of access to education by the second group as the primary causal element in such disparity, this paper recommends ＂free access to quality education＂ as a fundamental right for all Americans and as an equalizer in correcting the American regime values in order to remain competitive in challenging.     

Digital Britain interim report: A step in the right direction?

The Digital Britain interim report was published on 29 January 2009 by the DCMS and BERR with the final report being due out in June. The Report divides itself into four areas for ‘action’; namely Digital Networks, Digital Content, Universal Connectivity and Equipping Everyone to Benefit from Digital Britain. The level of action proposed in each case varies widely and the Report has come under criticism for delivering little in the way of concrete promises or clearly defined strategy. This article summarises and analyses a number of the key purported actions from the Report in order to consider whether it is indeed an appropriate step towards an action plan that would secure the Britain's place at the forefront of the new media age.     

Unauthorised access to wireless local area networks: The limitations of the present Australian laws

Wireless local area networks (WLANs) have enjoyed a rapid increase in usage in recent years. WLANs serve to connect users to the Internet by means of radio or infrared frequencies. The rise in WLAN usage has however served to highlight some of the inadequacies of the present laws governing unauthorised access to WLANs. At present, the legislation serves to make unauthorised access, modification or impairment of electronic communications illegal. It is clear that the provisions prohibit the hacking of computer systems and denial of service attacks. However, it is unclear whether the legislation extends to additional forms of unauthorised access such as wardriving (using software to identify and map freely available WLAN) and joyriding (accessing a network with no further damage to the connection). The liability of Internet Service Providers and those engaged in unauthorised access in public places also remains unclear. Finally, the relationship of the offence of unauthorised access to the tort of trespass and the laws of copyright remain untested. The objective of this paper is to consider the measures necessary to increase the effectiveness of WLAN laws. The paper will begin by considering the nature of WLAN technology and the policy discourse to date. This will be followed by an examination of the present Australian law and an identification of areas of uncertainty. Finally, the paper will consider the measures required to enhance the certainty and effectiveness of the laws governing unauthorised access to WLAN.     

MAGNA CARTA AND THE FUNDAMENTAL RIGHT TO DUE PROCESS

The 800th anniversary of Magna Carta has been marked by much pageantry and celebration. Some scholars have taken this opportunity to point out that the myth of Magna Carta is far greater than what the actual 1215 Charter managed to accomplish. Nevertheless, Magna Carta did make a meaningful and concrete contribution to due process in 1215, as shown by certain provisions that are seemingly overlooked by critics eager to downplay the Charter’s importance. This article highlights two lesser known clauses of Magna Carta that had real contemporary significance in guaranteeing the availability of jury trial for some categories of civil litigation. The ringing promises of Clauses 39 and 40 may have inspired great jurists and founders of nations, but the more humble Clauses 17 and 18 — specifying the proper location and manner of hearing certain civil cases — must also be taken into account in assessing the Charter’s importance.