The Road to Brussels: Austria's Integration Policy, 1955-72

If one analyzes Austrian integration policy, a range of repeating elements becomes visible. Starting with the 1950s, continued efforts to intensify economic and trade relations with the Common Market can be witnessed. This occurred in the form of step by step cooperation with European institutions. Since 1955 Austria's integration policy had been accompanied by the maintenance of and focus on 'permanent neutrality'. Among the EFTA states, Austria was the country the EEC sympathized with most, for it was important with regard to foreign and trade policy in the context of the East-West conflict. Austria was of central geostrategic significance. With regard to Russia's attitude, Austria succeeded in underlining its 'special case'. Austria's policy of going it alone failed in 1967 for several reasons, not only because of Italy's veto. There were also French reservations and Russian objections. Bridging the gap to Brussels revealed wishful thinking that was only to become true in 1972. An arrangement of bilateral tariff and trade treaties with different EFTA states and the EEC and ECSC came into force.     

La protección de los derechos fundamentales del deportista en la lucha contra el dopaje. Una visión desde el ordenamiento jurídico español

Doping is addressed in this paper from two different scopes: on one hand, the legal regulations for prevention and repression are studied; on the other hand, the clash between the anti-doping control mechanism and a fundamental right such as the athlete's privacy is noted. We start from the irrefutable fact that “awareness against doping” is practically universal. The enactment of this law was a milestone in the history of the fight against doping in the Spanish regulation. However, the problem arises when the anti-doping legislation worldwide and in Spain, which enables some healthcare professionals and other people involved, to carry out several anti-doping operations that may conflict with the athlete's fundamental right to privacy, all of this in a context of strong media and social impact. For this reason, it is pertinent to raise the issue if one of these operations, such as the duty of permanent localization, is sufficiently justified in terms of protecting the sportsperson's health.     

Exploring the role and place of the Permanent Representative Committee within the African Union

It can be confidently stated that, since its constitutive act came into effect in July, 2001, the African Union (AU) has enjoyed increasing attention at the administrative level from a number of scholars. Most of these scholars focus, however, on the evolution of the AU in general or on the Peace and Security Council and its components and how it links with regional organisations and the United Nations. This article adds to the existing literature by looking closely at the role and place of the Permanent Representatives Committee (PRC) in the decision-making framework of the AU. It also critically analyses the potential of the PRC and the challenges facing it as one of the most important decision-making committees of the AU. Lastly, it examines the evolution of the PRC and its functions. Finally, among other things, the article questions the lack of transparency practised by the PRC and proposes new approaches.     

Mental health,substance use,and offending patterns among Native American youth in juvenile detention

Research has shown that youthful offenders in the juvenile justice system report an array of substance use and emotional and other mental health needs. The current study closely examined these issues in a large national sample (n = 539) of Native American youth drawn from the Survey of Youth in Residential Placement. Results demonstrated that frequent substance use was associated with the likelihood of being detained for a drug offense, while emotional and mental health needs were associated with detention for the most serious offenses. These results highlight the need for comprehensive substance use and other mental health assessments for Native American youth in the juvenile justice system.     

植入式广告的法律规制研究

植入式广告作为一种新颖的营销方式,近年得以快速发展。植入式广告在本质上仍然属于广告,这使得植入式广告的隐蔽性和广告规制所要求的广告可识别性之间存在冲突。如果不将植入式广告纳入到广告规制法律体系中,会对消费者权益、媒体以及现行广告规制体系等都构成极大的损害。但是,过于严厉的规制方式则会扼杀植入式广告的价值。因此,对于植入式广告的规制需要针对其隐蔽性特点而在规制方式上有所变化:一方面,根据植入式广告可能的危害程度进行区分,以类型化的方式予以规制;另一方面,通过对广告披露的方式、程度进行相应的规定,健全广告信息披露制度,从而抑制植入式广告的负面效果。     

Border battle line

ABSTRACT

The demarcation of a North–South boundary in the Sudan opens up the possibility of the creation of a new international border in Africa, following the outcome of the Southern Sudanese and Abyei Area referenda in 2011. The line of the proposed boundary runs through the grazing areas of numerous pastoralist peoples, and it is these peoples who will be most directly affected if the new border becomes the frontline between two states. In fact, pastoralists were mobilised to fight on either side of the boundary during both of Sudan's civil wars. This article looks at select areas of the North–South borderlands, particularly areas of shared rights, to analyse the potential impact of the new boundary. It looks at how overlapping rights claims were managed in the past, and goes on to analyse various peace-making efforts between border pastoralist peoples from the Condominium period until today. The article looks at the way the border issue has been dealt with in the Comprehensive Peace Agreement, including the Abyei arbitration process, as an indicator of whether this border region will become the focus of continued conflict, whatever the 2011 referendum result.     

植入广告商业伦理与法律的关系探析

近年一些影视作品中混入一些与故事情节没有关联的广告画语,突兀的广告打断了故事和观赏愉悦感,引起了消费者反感。植入广告的原则应当是艺术性第一,广告性第二,制片方不可在影视作品中肆意植入广告,这应当是影视作品制造业商业伦理的一个基本内容,以不惹受众反感为基本标准。商业道德在任何产业都是存在的,它没有明确具体的量化标准,没有文字规范,只是以争议是否得到多数人的褒贬来判断其是否有瑕疵,监管部门可以适当干预。     

论专利侵权救济中的停止侵害制度

长期以来,停止侵害的救济方式被认为是判定专利侵权后的当然结果。但是,我国专利法领域中的侵权责任不同于传统大陆法系国家的侵权责任,并不仅仅把侵权行为视为债的发生原因之一,侵权责任也不仅包括损害赔偿。因而,停止侵害请求权不宜被视为一种绝对权的请求权,而应当基于侵权责任产生。美国法上＂永久禁令＂制度为我国重构专利侵权救济中的停止侵害制度提供了一条新的思路。应当重新思考,在限制停止侵害救济当然适用的基础上,重构我国专利法中的停止侵害制度。     

恒强磁场下的大鼠肿瘤细胞凋亡和P53基因的关系

目的 探讨恒强磁场所致的Warlker-256肿瘤细胞凋亡机制。方法 以全长P53cDNA作探针,采用DNA和RNA Dot Blot及分子印迹杂交(Southern和Northern Blot)技术和免疫组织化学染色检测320只磁场处理动物和80只未经磁场处理动物肿瘤细胞P53基因扩增、重排、缺失、转录和表达。结果 在Warlker-256肿瘤细胞,P53为野生型,磁场处理和未经处理的动物均未见P53基因扩增、重排和缺失。磁场处理组P53基因转录比未经磁场处理组明显增强(P<0.01)。免疫组化显示,磁场处理组比未经磁场处理组P53表达显著增强(P<0.01)。结论 以上结果提示恒强磁场引起的荷瘤大鼠肿瘤细胞凋亡同P53基因转录和表达增强有关,表现出P53依赖性凋亡的特点。     

国际法院咨询管辖权初探

从常设国际法院到国际法院,其咨询管辖权和“司法性”之间的协调一直是一个难题。要想满意地解决法院当前面临的困境,不必急于扩大有权寻求咨询意见的机构的范围,而必须确保各机构在利用国际法院的咨询管辖权时,更多的是出于解决法律问题的目的而非政治目的。