For Better or Worse? The Europeanisation of the Conflict of Laws

From its very beginnings the European Union(EU) has taken an interest in that area of legal activity known as the conflict of laws or private international law. The purpose of the conflict of laws is to determine how a national court should behave when confronted with a legal dispute that involves a foreign element. A state's conflict rules will provide the answer to three basic questions: in what circumstances their courts may assume jurisdiction over cases involving a foreign element, what system of municipal law to apply (their own or that of some foreign legal system) and which foreign judgments are capable of recognition and enforcement within their national system. The very fact that the EU exists in order to bring states together to form a single internal market would seem likely to provoke conflict of laws situations. It, therefore, appears unremarkable that the EU has agreed a variety of measures with a bearing on the conflict of laws. The purpose of this article, however, is not to give a detailed account of the EU's interventions on this topic. Instead the intention is to offer some thoughts upon and to raise some questions regarding the implications of the EU's engagement with the conflict of laws. In particular this article aims to provide an overview of the direction in which the EU is taking the conflict of laws and how this has affected the focus and character of the subject in one Member State, namely the United Kingdom. This revised version was published online in August 2006 with corrections to the Cover Date.     

新世纪中国反倾销法学术发展历程

新世纪,中国加入WTO和经济全球化进程的加快使得反倾销的进一步研究成为时代的要求,中国学者在近几年来对于WTO《反倾销协议》和我国的立法、实践问题的研究正不断充实并形成体系。本文对新世纪反倾销领域不同的研究方法和不同的研究视角作了介绍。     

欧盟非合同义务法律适用统一化——以《罗马条例II》为中心

《罗马条例II》的诞生,标志着欧盟国际私法统一化的最新发展——非合同义务领域法律适用的统一,从而使非合同义务的法律适用增加了一种"超国家"法律渊源。而且,统一的内容涉及侵权或不法行为、不当得利、无因管理等非合同之债的主要方面,统一的法律选择力求在法律适用的确定性与灵活性、管辖权选择与内容定向法律选择、社会公共利益与个人利益等方面达到平衡。欧盟非合同义务法律适用的统一化给中国国际私法立法以启示。     

Off-label Paediatric Drug Use for Juvenile Depression and the Clinical Trial Regulations 2004: The Impact of Available Protective Mechanisms

Across Europe, around one in four adults experience a mental health problem in any 1 year. It is estimated that 2–6% of children and adolescents suffer from depression and suicide is now the third leading cause of death in 10–19 year olds. Despite traditional Freudian teachings that children rarely suffer from clinically diagnosed depression, treatment figures for juvenile depression have soared in recent years. For adults, the current treatment trend, as advocated by the National Institute for Health and Clinical Excellence (NICE), is the use of Selective Serotonin Reuptake Inhibitors (SSRIs), such as Prozac. For children, efficacy of such treatment remains difficult to judge as all SSRI use in paediatric care remains ‘off-label’ or unlicensed. Notwithstanding this, in 2006 the European Medicines Agency (EMEA) advocated the use of Prozac within the EU for children from the age of eight, a position that reinforced the stance adopted by NICE in 2005. These recommendations have been made despite growing concern that many SSRIs have some serious side effects. In new legislation for paediatric medicines, that came into effect on 26th January 2007, the European Union (EU) has attempted to address several unresolved issues relating to children’s needs for medicines in Europe. This paper considers the position of off-label drug-therapy for juvenile depression, and assesses the effectiveness of available legal mechanisms that can protect juveniles from harm when involved in clinical drug trials, most notably the Clinical Trial Regulations 2004. It further reviews the new EU legislation and evaluates its likely impact.

Intentional Homicide: A Fifteen-Year Study (2000–2014) at the Department of Forensic Medicine,University of Rome “Sapienza”

This study analyzes postmortem records from 260 homicide cases autopsied by the Department of Forensic Medicine in Rome from 2000 to 2014. The victims were mainly males (74%) and young (61% aged from 21 to 50 years). Although the victims were mostly Italians, the number of foreign victims (33%) has increased since 1990, primarily due to immigration. The offenders frequently used firearms (39%), particularly in multiple murders. An increase in blunt (20%) and sharp force (32%) weapons was also seen. The primary crime scene was residential (42%), and the head was the most frequently injured body region. Male victims occurred frequently in the context of organized crime (7.6%). In family or intimate-sexual relationships, women were the majority of victims (8%). Forensic pathologists play an important role during investigation. They should consider all the information available to them, including autopsy information, crime scene information, and crime investigation data.     

论《国际卫生条例》在中国的适用

为控制传染病而行使国境卫生检疫主权时必须遵循<国际卫生条例>.<国际卫生条例>在我国的适用采取的是混合模式,即融合了"纳入"与"转化"和其他方法.依据修订后的<国际卫生条例>、<国境卫生检疫法>需要进行全面的变革.此外,我们必须解决国境卫生执法和司法中存在的问题.     

构建三条防线遏制违法违纪

为了系统全面地遏制干警违法违纪的发生,应立足于"早教育",构建思想防线,使干警不愿违纪;立足于"早预防",构建制度防线,使干警不能违纪;立足于"早纠正",构建纪律防线,使其他干警不敢违纪.     

暴力拆迁与暴力维权问题研究

本文针对目前社会上热议的暴力拆迁与暴力维权问题,从形而下与形而上两个层面对此问题进行了一番探讨与总结,分析了权利与权力之间、不同法律之间、各种利益之间及道德与技术之间等诸多关系的协调问题,并提出了笔者所认为的解决之道。     

贯彻落实《党校工作条例》精神 进一步促进党校教学科研发展

为全面落实党的十七大确定的"继续大规模培训干部、大幅度提高干部素质"的战略任务,进一步做好新形势下的党校工作,中央颁发了<中国共产党党校工作条例>.<党校工作条例>反映了最近十几年来党校工作的新鲜经验,体现了党和国家事业发展对党校工作的新要求,是党校工作最重要的法规性文件,也是做好党校教学与科研工作的基本遵循.我省各级党校都必须认清我们面临的新形势与新任务,围绕特色,把握重点,努力开创党校教学与科研工作的新局面.     

对民法始于古罗马的质疑

学术界提及古代民法,一般都会谈到古代西方,或者是希腊,或者是罗马,而对古代东方的民事规范却很少关注,甚至认为在古代东方社会,根本就没有民法,或者说不存在比较系统、成熟的民法。针对学术界的这一倾向,本文以古代西亚地区的民事规范为切入点,联系古罗马民法进行一些比较分析,力图说明在古代东方(西亚地区),不仅存在着比较系统和成熟的民事规范,而且它比人类的任何一个文明社会的民法都要早,民法起源于古代东方,起源于古代西亚(两河流域)地区。