略论多边刑事条约的概念、特征和种类

基于有关国际法律文件之规定和专家学者的观点并主要根据自己的理解对多边刑事条约的概念、特征和种类进行了界定、概括和划分。     

Back to first principles: a new model for the regulation of drug promotion

The US Food and Drug Administration''s (‘FDA’ or the ‘Agency’) current regulatory framework for drug promotion, by significantly restricting the ability of drug manufacturers to communicate important, accurate, up-to-date scientific information about their products that is truthful and non-misleading, runs afoul of the First Amendment and actually runs counter to the Agency''s public health mission. Our article proposes a New Model that represents an initial proposal for a modern, sustainable regulatory framework that comprehensively addresses drug promotion while protecting the public health, protecting manufacturers’ First Amendment rights, establishing clear and understandable rules, and maintaining the integrity of the FDA approval process. The New Model would create three categories of manufacturer communications—(1) Scientific Exchange and Other Exempt Communications, (2) Non-Core Communications, and (3) Core Communications—that would be regulated consistent with the First Amendment and according to the strength of the government''s interest in regulating the specific communications included within each category. The New Model should address the FDA''s concerns related to off-label speech while protecting drug manufacturers’ freedom to engage in truthful and non-misleading communications about their products.     

Risk Analysis of Nanomaterials: Exposing Nanotechnology's Naked Emperor

Risk analysis (encompassing risk assessment, management, and communication) is touted internationally as the most appropriate approach for governing nanomaterials. In this article, we survey existing criticisms of risk assessment as a basis for regulatory decision making on emerging technologies, particularly highlighting its exclusion of key societal dimensions, its epistemological underdetermination, and its lack of democratic accountability. We then review the specific case of nanomaterials and identify six major barriers to the effective operation of both risk assessment and risk management. These include a lack of: nano‐specific regulatory requirements, shared definitions, validated and accessible methods for safety testing, available scientific knowledge, reliable information on commercial use, and capacity for exposure mitigation. Finding the knowledge, standards, methods, tools, definitions, capacity, and political commitment all insufficient, we argue that risk analysis is a “naked emperor” for nanomaterial governance. We therefore suggest that additional concepts and approaches are essential for nanomaterials policy and regulation.     

How the World Trade Organization shapes regulatory governance

The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This article provides a new framework for assessing the broader transnational regulatory implications of the WTO as part of a transnational legal order (TLO) in terms of four dimensions of regulatory change that permeate the state: (i) changes in the boundary between the market and the state (involving concomitantly market liberalization and growth of the administrative state); (ii) changes in the relative authority of institutions within the state (promoting bureaucratized and judicialized governance); (iii) changes in professional expertise engaging with state regulation (such as the role of lawyers); and (iv) changes in normative frames and accountability mechanisms for national regulation (which are trade liberal and transnational in scope). In practice, these four dimensions of change interact and build on each other. The article presents what we know to date and a framework for conducting further study of such transnational legal ordering.     

Codes in context: How states,markets, and civil society shape adherence to global labor standards

Transnational business regulation is increasingly implemented through private voluntary programs – such as certification regimes and codes of conduct – that diffuse global standards. However, little is known about the conditions under which companies adhere to these standards. We conduct one of the first large‐scale comparative studies to determine which international, domestic, civil society, and market institutions promote supply chain factories' adherence to the global labor standards embodied in codes of conduct imposed by multinational buyers. We find that suppliers are more likely to adhere when they are embedded in states that participate actively in the International Labour Organization treaty regime and that have stringent domestic labor law and high levels of press freedom. We further demonstrate that suppliers perform better when they serve buyers located in countries where consumers are wealthy and socially conscious. These findings suggest the importance of overlapping state, civil society, and market governance regimes to meaningful transnational regulation.     

贿赂犯罪侦查中适用指定居所监视居住问题研究

指定居所监视居住制度为职务犯罪侦查部门侦查案件提供了一个有效的刑事强制方式,对突破案件起着重要的作用。实践中,指定居所监视居住制度在适用条件、适用情形以及法律规制上都存在争议,因此,有必要对其法律性质、适用情况进行探讨,更进一步明确适用的范围和标准,以达到控制犯罪和保障人权之间的平衡。     

Beyond citizenship and residence? Exploring the extension of voting rights in the age of globalization

The introductory article to the special issue discusses how the extension of voting rights beyond citizenship (that is, to non-national immigrants) and residence (that is, to expatriates) can be interpreted in the light of democratization processes in both Western countries and in developing regions. It does so by inserting the globalization-specific extension of voting rights to immigrants and expatriates within the long-term series of historical waves of democratization. Does the current extension enhance democracy by granting de facto disenfranchised immigrants and emigrants political rights or does it jeopardize the very functioning of democracy by undermining its legitimacy through the removal of territorial and national boundaries? The article offers a synthesis of the findings of the volume's contributions in a broad comparative perspective covering both alien and external voting rights in Europe, sub-Saharan Africa, and Latin America. It shows that reforms toward more expansive electorates vary considerably and that their effects on the inclusion of migrants largely depend on the specific regulations and the socio-political context in which they operate.     

A legal perspective on body implants for therapy and enhancement

This paper focuses on the regulation of body and neural implants used in healthcare. The current state of these ICT body implants is outlined, and the adequacy of the relevant legal regime regulating these implants is assessed in light of the ongoing scientific and technological advances in this field. Regulatory gaps are discussed, with a particular emphasis placed on clinical investigations with brain computer interfaces and advanced prosthetics, in order to better understand whether such gaps reduce innovation and act as an institutional barrier that diminishes the opportunities for the development of valuable technologies. Finally, the divide between therapy/treatment and enhancement/augmentation is examined in order to distinguish between the various kinds of body implants, in terms of the rules they ought to comply with and the limits that ought to be set.     

价格二元调节的法律调整和国家调节少数民族经济的法治化选择——以两起政府对牛肉拉面限价为例

市场调节机制调节下的生产者和消费者的价格关系是一般价格关系，主要接受民商法调整，国家不作过多干预。但市场调节机制有其自身缺陷，国家调节应当对市场缺陷进行救济。转型期少数民族经济有其特殊性，除了市场调节之外，国家调节应当介入，国家对价格的调节既是一种调节方式，又是一种国家职能，应当严格依法进行。     

‘Netting nano’: Regulatory challenges of the Internet and nanotechnologies

The rapid progression of the Internet has impacted dramatically on contemporary society, transforming communications, business and trade. The global nature of the Internet has challenged traditional models of regulation. What has emerged is a new international framework, governed by an increasing number of actors and regulatory processes. By drawing upon the regulatory experience of the Internet, including an examination of the forces and dynamics that have shaped the regulatory framework, this paper considers the regulatory developments of another emerging and ubiquitous technology, nanotechnologies. It examines the rapid advancement and promise of nanotechnology-based products and processes, and the policy and regulatory challenges facing government, regulators, and industry alike. The paper argues that while the regulatory future for nanotechnologies appears to be uncertain, and highly contested, regulatory regimes will most likely reflect the commodities and services that the technology helps to produce. Anything other than this is unlikely because the ‘nanotechnology genie’ is already out of the bottle, and regulatory issues will evolve as the nature of the technology itself evolves.