謝蕾. / "2002年11月". / 論文(哲學碩士)--香港中文大學, 2002. / 參考文獻(leaves 76-82). / 附中英文摘要. / "2002 nian 11 yue". / Xie Lei. / Lun wen (zhe xue shuo shi)--Xianggang Zhong wen da xue, 2002. / Can kao wen xian (leaves 76-82). / Fu Zhong Ying wen zhai yao. / 摘要 --- p.ii-iii / 目錄 --- p.iv-v / Chapter 第一章 --- 緖論 --- p.6 / Chapter 一. --- 概述 --- p.6 / Chapter 二. --- 研究方法 --- p.8 / Chapter 三. --- 研究意義 --- p.10 / Chapter 四. --- 本研究的結構 --- p.10 / Chapter 第二章 --- 文獻回顧 --- p.11 / Chapter 一. --- 國家與非營利部門 --- p.11 / Chapter 二. --- 現有非營利組織法律體系的研究 --- p.18 / Chapter 第三章 --- 研究框架 --- p.23 / Chapter 一. --- 研究對象的說明 --- p.23 / Chapter 二. --- 概念的提出 --- p.23 / Chapter 三. --- 操作化 --- p.29 / Chapter 第四章 --- 中國非營利組織現行法規的比較分析一一縱向比較 --- p.32 / Chapter 一. --- 非營利組織管理法規立法的歷史回顧 --- p.32 / Chapter 二. --- 1949年之後相關法規的對比分析 --- p.39 / Chapter 三. --- 法規特徵分析 --- p.48 / Chapter 四. --- 小結 --- p.49 / Chapter 第五章 --- 特定國家/地區非營利組織法律框架比較一一横向比較 --- p.50 / Chapter 一. --- 各國/地區法律體系的構成與發展 --- p.50 / Chapter 二. --- 法律框架的比較 --- p.53 / Chapter (一) --- 非營利組織與國家的政治關系比較 --- p.53 / Chapter (二) --- 經濟關系 --- p.59 / Chapter (三) --- 内部關系 --- p.61 / Chapter 三. --- 分析總結 --- p.63 / Chapter 第六章 --- 解釋分析 --- p.68 / Chapter 一. --- 縱向比較結論：差異及其原因分析 --- p.68 / Chapter 二. --- 橫向比較結論：差異及其原因分析 --- p.70 / Chapter 三. --- 改進中國非營利組織法律環境的政策建議 --- p.73 / Chapter 四. --- 本研究有待改進之處 --- p.75 / 參考書目 --- p.76 / 中文部分 --- p.76 / 英文部分 --- p.78 / 附錄（一）：中國、新加坡、印度、日本和臺灣地區非營利組織法律、法規文本匯集（暫 缺巴西《非營利機構成立和運作法案》之英文版本） --- p.83 / 附錄1中國非營利組織法律、法規匯編 --- p.83 / 附錄1-1中國各歷史時期有關結社的法律規定 --- p.83 / 附錄1-1.1 20世紀早期中國的补團狀況和相關法律 --- p.83 / 附錄1-1.2國民黨政府時期的相關法規 --- p.83 / 附錄1-1.3建國前中囯共産黨的相關法規 --- p.85 / 附錄1-2中華人民共和國成立之後的非營利組織法律、法規 --- p.86 / 附錄1-2. 1《社龠團體登記暂行辧法》（1950年） --- p.86 / 附錄1-2. 2《社會圑體登記管理條例》（1989年） --- p.88 / 附錄1-2. 3《社會團體登記管理條例》（1998年） --- p.90 / 附錄1-2. 4《中華人民共和國公益事業捐贈法》（1999年) --- p.95 / 附錄2-1新加坡《社團法》SOCIETIES ACT --- p.98 / 附錄2-2新加坡《慈善組織法》Charities Act --- p.110 / 附錄3印度《社團法》 --- p.146 / 附錄4臺灣《人民圑體法》 --- p.153 / 附錄5-1日本《非營利組織法》 --- p.159 / 附錄5-2日本《民法典》 --- p.175 / 附錄（二）中國民政部政府官員訪談（姓名略去）2002年2月7日 --- p.180 / 圖表目錄 / 表目錄 / Chapter 表1 --- 比較框架 --- p.24 / Chapter 表2 --- 中國非營利組織法規中對非營利組織定義的演變過程_ --- p.33 / Chapter 表3 --- 各國/地區非營利組織法律框架主要構成 --- p.35 / Chapter 表4 --- 各國/地區非營利組織法律框架對公益類型非營利組織的界定_ --- p.56 / Chapter 表5 --- 各國/地區非盈利組織法律框架主要內容的比較_ --- p.58 / Chapter 表6 --- 2002年人均國民生產總值比較___ --- p.60 / Chapter 表7 --- 1995年-2001年各國/地區民主程度的比較_ --- p.63 / 圖目錄 / Chapter 圖1 --- 各國/地區韭營利組織法律得分比較_ --- p.58 / Chapter 圖2 --- 分項比較得分 _ --- p.63

No description available.

The essence of running an enterprise which is defined as a system by which the companies are lead and compared is generally set in priority terms. For some, they favour in the first instance to secure the economic efficiency then to scope with the social problems at a later stage---'Shareholder model'. Others are inclined to consider that the priority lies into an environmental, sharing and caring society etc.---'Stakeholder model'. / Where the evolution of the corporate governance is going to lead to? And how does it affect the directors' responsibility? / After a thorough study of its European evolution in particular in France and England, we figure out that raising the black flag of the stakeholder theory will end up into an ideology completely false dislodging the concept of the natural reality around us. On the other side, claiming the predominance of the sole shareholder system will become a dangerous apprehension opposing the objective of this theory: In our perspective we see that the ultimate global wealth of the enterprise in the long run is closely linked to the consideration and the deep satisfaction of the needs and the interests of the different parties joining the enterprise.

In order to market and sell a new pharmaceutical drug in Canada, the Minister of Health requires the initial applicant to submit clinical test results demonstrating that the drug is safe and effective for human use. Subsequent applicants, who typically lack the resources to conduct expensive clinical trials, must refer to and rely upon the initial applicant's data in their applications to market a generic version of the drug. / On June 17, 2006, the federal government of Canada published a proposed data protection regulation, which would provide an initial applicant with eight years of protection for clinical test results submitted in a new drug submission. This protection would lead to an eight year period of market exclusivity for the drug associated with the clinical test data, regardless of whether that drug was protected by a Canadian patent. / In this thesis, the author first describes what data protection is on a practical level, and distinguishes data protection from other forms of intellectual property rights. Next, the author discusses how various jurisdictions choose to protect clinical test data submitted to their health authorities. Canada's international obligations pursuant to the NAFTA and the TRIPS Agreement are also examined. In this regard, the author argues that Canada is under no obligation to provide initial applicants with eight years of data protection. Furthermore, the author argues that exclusive time-limited property rights in clinical test data are difficult to justify from a theoretical perspective. Finally, the author prescribes certain legislative changes to Canada's proposed data protection regulation.

Traditional redress mechanisms such as litigation and traditional alternative dispute resolution generally fail to strengthen consumer confidence in e-commerce. Rather they may represent an additional source of uncertainty. In particular litigation fails to offer the certainty the consumer seeks. To date, neither European nor American courts have found reliable criteria for determining Internet jurisdiction and have failed to provide consistency in their decisions. In addition, uncertainty arising from unclear concepts on the enforcement level and the high volume of disputes with low monetary value have led to the development of online ADR providers that allow individuals from across the world to settle disputes. Both online mediation and online arbitration serve consumers as appropriate instruments to enforce their rights arising out of online disputes. They are designed for disputes with small monetary value and are capable of overcoming jurisdictional obstacles. On the enforcement level, online arbitration based on the New York Convention provides the consumer with a powerful tool on global level. Online consumer arbitration can ensure a maximum of enforceability if the consumer arbitration rules of online ADR providers incorporate the requirements of the New York Convention. In addition or instead of online ADR, businesses increasingly rely on other dispute avoidance and dispute settlement instruments in order to promote consumer confidence. Some of those models employed by e-commerce companies succeed in promoting trust, while others do so only to a limited extent. In particular, mandatory credit card chargeback regimes give consumers an effective and quick means of disputing a transaction with a merchant at almost no cost. On the other hand, escrow services seem to be less appropriate for the typical small amount e-commerce transaction mainly since consumers are generally not willing to pay the added costs for the use of the escrow service for the average small amount transaction. Trustmark and seal programs provide the potential to give guidance to the consumer about consumer protection standards of the online seller before any damage is done and offer effective and inexpensive certification, monitoring and enforcement procedures. However, to date trustmark and seal systems have applied these powerful tools only to a limited extent. A proliferation of trustmark and seal programs make it hard for consumers to distinguish between differences in the programs and to assess their quality. Rating and feedback systems provide an immediate and inexpensive source of information to buyers about sellers and a strong incentive for good performance to repeat sellers. These systems are prone to abuse and information gathered through these systems is often unreliable. In my thesis I argue that traditional litigation no longer provides the most appropriate means of dispute settlement in the case of small amount crossborder consumer transactions. Neither do traditional ADR mechanisms provide the most convenient and efficient method of settling online consumer disputes. Online ADR and several other models of redress successfully replace traditional mechanisms since they better meet the challenges of online disputes and live up to recognised consumer protection principles. I argue that online arbitration based on international arbitration law such as the New York Convention presents a particularly viable instrument for the settlement of the average smallamount online consumer disputes. After having sketched the jurisdictional hurdles for the resolution of online disputes I analyse whether both online ADR and other trust-creating models are capable of providing an efficient and fair redress instrument for the consumer. For this purpose, the practises and policies of online dispute resolution providers are mirrored in recognised consumer protection principles and the international legal framework. Likewise the potential and limits of other trust-creating models are explored under the question of to what extent they serve the consumer as a viable instrument to impose her rights. The guiding questions of this evaluation will be if and to what extent these recently evolved institutions meet - according to their policies and practises - the challenges set up by the particularities of online consumer transactions.

The commercial space transportation industry is growing with the technology that creates more capable spacecrafts to access space. However, there are still some academic discussions related to the delimitation of the outer space and the definition of space objects that could interfere with the regulation of this growing space activity. Because these discussions are not predicted to be solved soon, the developing space policies must attempt to clarify these issues between the parts avoiding the retard in the development of the industry. Moreover, these policies have to promote public-private partnerships and the emersion of private entrepreneurs for a faster development of a safe, reliable, and affordable commercial space transportation.

This thesis is an investigation into, and a gathering of evidence on, the various ways in which two iconic species, whales and elephants, and the two conventions which govern their management, the 1946 International Convention for the Regulation of Whaling (ICRW) and the 1973 Convention on International Trade in Endangered Species (CITES), are linked in international law and politics. After explaining the nature of international conventions governing wildlife species generally, the respective histories of the two conventions are considered: first, that of the ICRW is considered, together with its strengths, weaknesses and current position; after which a similar assessment is made of CITES. The history of linkage between the two is considered, including attempts made to use the one to undercut the other. Various aspects of the protection, use and management of the two species are then canvassed; and it is shown how important political actors hold apparently mutually exclusive views. Throughout, the position of South Africa is particularly considered. The importance of protecting biological diversity is then considered, together with the potential harmonising role of the 1989 Convention on Biological Diversity (CBD), and the political stances of various countries, together with ongoing analysis of efforts to effect change. The natures of whales and elephants as symbols, and as special animals, are then considered. In conclusion, it is explained that both treaties could work if the political drive was present - but that this is currently absent, and the environment is suffering whilst politicians argue over the best courses to follow to protect natural resources. It is suggested that the reason that the arguments in respect of whales and elephants, the ICRW and CITES, are so bitter is because so much is at stake - for the fight on this battleground is not simply about the particular species, but the course the world as a whole should follow in all of its use of natural resources. Understanding the links between species and between treaties helps us to understand alternative possible courses. By exploring one such set of links that has not previously been analysed, the research presented in this thesis is intended to make a contribution to that understanding (both internationally and within South Africa). / Thesis (LL.D.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.

There is an overlap between the transfer pricing concepts that apply under tax and under customs regimes. This thesis aims to demonstrate (i) that customs and tax laws often share common principles in respect of related-party transactions; (ii) that transfer pricing as agreed to under one discipline should be recognized under the other; (iii) that the OECD Transfer Pricing Guidelines constitute a body of rules that is appropriate to supplement the related party provisions of the GATT/WTO Valuation Code ("GVC"); and (iv) that such guidelines are generally in accordance with the provisions of the GVC and its general principles and objectives. This thesis also analyzes the tax and customs value of imported goods, and identifies which additions to or deductions from customs value might have to be taken into account in comparing tax and customs results. The thesis concludes with an analysis of the circumstances and conditions under which the introduction of transfer pricing compensatory adjustments to transaction value would be consistent with Article 1 of the GVC.

FDI plays an important role in economic life. It is arguably an even more significant driving force behind economic growth than trade in goods and services nowadays. / China and Canada are both important FDI absorbers, but their FDI laws display various characteristics due to their different economic bases, political structures and legal systems etc. In order to guide FDI practice in the two countries and to draw on Canada's experience for China's FDI law, this thesis mainly introduces the FDI policies of China and Canada, analyzes the FDI law systems of the two countries, and expounds their general regulations on FDI.

<p>The objective of this research was to draw a relationship between legal and institutional frameworks in a country, and the competitiveness of that country as a destination for investment either as real investment or portfolio investment for infrastructure development.</p>