Law Commons^™

九七後香港普通法的淵源面臨衝擊 : 僱主所負轉承責任的例子, Kwok Keung Chow

Hong Kong Institute of Business Studies Working Paper Series

香港現行法律淵源之一的英國普通法，在1997年主權回歸後將再難對法院產生自動的法律約束力，而以英國普通法為基礎、體現侵權法原則的僱傭轉承責任亦預期會出現至少兩方面的改變:第一，涉及轉承責任的案件在缺乏普通法適用地區司法判例約束力的前提下，出現案例與審判原則在援引及關釋上的困難。第二，在與國內司法系統的互動關係上，作為特別行政區的香港將受到國內司法部門有關侵權法及相關案例的影響，又或反過來衝擊國內這方面的立法工作。

中港兩地痛楚及失去人生樂趣賠償法律比較, Kwok Keung Chow

Hong Kong Institute of Business Studies Working Paper Series

本文主要透過對中、港兩地法院關於人身傷害，侵權案的審判根據和準則，進行搜集和比較分析，當中特別針對有關案件中有否將受害者的痛楚和失去人生樂趣這賠償項目一併考慮，若有的話，計算的準則叉是怎樣等等問題作出比較，初步的結論是，本港人身傷害侵權案的受害者，一般可以獲得隨社會進步和時間而調整、並佔總、賠償金額較大比率的痛楚和失去人生樂趣的補償。不過，在國內侵權法的範疇內，卻沒有相關的賠償項目，對受害者並不公平。因此，本文建議國內應檢討全面補償的觀念能否適用。

The Tragedy Of Hong Kong, Richard Klein

Scholarly Works

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.

Signals, Threats, And Deterrence: Alive And Well In The Taiwan Strait, Glenn R. Butterton

Articles

Taiwan held its first democratic presidential elections in March 1996, which motivated mainland China to stage large scale contemporaneous war games in the Taiwan Strait and aim unusually belligerent rhetoric at Taipei. The United States responded by deploying substantial naval forces in the area. After examining this confrontation between China, Taiwan, and the United States in terms of the 1979 Taiwan Relations Act, international law, and non-nuclear deterrence theory, the author presents a novel analysis of indirect deterrence communication between the United States and China

Why Chinese Wildlife Disappears As Cites Spreads, John C. Nagle

Journal Articles

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) proves that popularity does not assure success. CITES is one of the oldest and most popular international environmental treaties. Yet after twenty-three years and the approval of over 125 nations, wildlife continues to become extinct and endangered at an unhindered rate. Why?

The explanation for this paradox can be found by comparing the state of wildlife in China and the United States. Both countries are parties to CITES. Their efforts to enforce CITES are very different, but they both reveal the limitations of the current treaty …

Protecting Intellectual Property Rights Through Civil Litigation: A Symposium, Eric Easton

All Faculty Scholarship

On September 30, 1996, nineteen lawyers, law professors and judges from the People's Republic of China began a six-week program of classroom study, practical experience, and scholarly exchange that focused on the American system of protecting intellectual property rights through civil litigation. The program was funded by a $107,000 grant from the United States Information Agency's Office of Citizen Exchange Programs to the University of Baltimore's Center for International and Comparative Law, in cooperation with the Maryland Department of Business and Economic Development.

The initial, two-week phase of the program included field trips to the U.S. Copyright Office, the Patent …