书城外语法律专业英语教程
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第84章 Appendix B Keys to the Exercises练习答案(6)

Wherethere are disputes about the exact meaning and application of national laws, it is the responsibility of the courts to decide what the law means.In international law interpretation is within the domain of the protagonists, but may also be conferred on judicial bodies such as the International Court of Justice, by the terms of thetreaties or by consent of the parties. It is generally the responsibility of states to interpret the law for themselves, but the processes of diplomacy and availability of supra-national judicial organs operate routinely to provide assistance to that end.

V. Oral work.

Omitted.

Lesson14

I. Reading comprehension.

1.yber law is a termthat encapsulates the legal issues related to theuseof communicative, transactional, and distributive aspects of networked information devices and technologies.

2. Some leading topics of cyber law include intellectual property, privacy, freedom of expression, and jurisdiction.

3. Because the Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet.

4. There are mainly two kinds of problems mentioned in thetext. Firstly, the mediumof the Internet does notexplicitly recognizesovereignty and territorial limitations. Besides, there is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of conflict of laws, particularly privateinternational law. Secondly, another major problem of cyber law lies in whether to treat the Internet as if it were physical space or to act as if the Internet is a world unto itself.

5. Because laws in force in one jurisdiction have the potential to have dramatic effects in other jurisdictions when host servers or telecommunications companies are affected.

6. Three notable examples are the Jake Baker incident, in which the limits of obscene Internet postings were at issue, the controversial distribution of the DeCSS code, and Gutnick vs. Dow Jones, in which libel laws were considered in the context of online publishing.

7. Johnson and Post believe that Internet has to govern itself. Instead of obeying thelaws of a particular country, Internet citizens will obey the laws of electronic entities like service providers. Instead of identifying as a physical person, Internet citizens will be known by their usernames or email addresses. An entirely new set of laws will be created to address concerns like intellectual property and individual rights.

II.ill in the blanks with the words and expressions in the box and you may change word forms wherever necessary.

( 1) implements ( 2) criminalizes ( 3) control ( 4) infringement

( 5) heightens( 6) signed( 7) exemption( 8) requires

III. Paragraph translation from English into Chinese.

与传统的以印刷为基础的媒体相比,网络空间的可及性和匿名性消除了传统媒体中个人和他(或她)的发布能力之间的障碍。任何人只要连接上互联网,就可能获得数百万的读者,而且几乎无需花费任何发布费用。然而,网络空间的这种新形式———作者著作的高度可及性引发了一些问题,也许使得有关言论自由和监督方面的法律问题更加复杂。

IV. Paragraph translation from Chinese into English.

The Internet, as its name suggests, is an international network of computers enabling communication worldwide between anyone connected to that network. In order for a computer to access any material which is transmitted over the Internet, it is necessary for that computer to producea copy of thematerial in question even though such a copy may only betransitory. If the material in question is a copyright work ( or indeed, protected by the new database right) , such copying will require the permission of the copyright ( or database right) owner.

V. Discussion.

Omitted.

Lesson15

I. Phrase translation from Chinese to English.

1. LDCs ( Least developed countries)

2. production subsidy

3. export subsidy

4. import licensing

5. global quota

6.base tariff level

7. anti-dumping measures

8. BOP( Balance-of-payments) Provisions

9. NAFTA ( North American FreeTrade Area)

10. TILF ( Trade and Investment Liberalization and Facilitation)

II. Fill in the blanks with the words and expressions in the box.

( 1) resolving ( 2) ensuring ( 3) infringed ( 4) commitments

( 5) consultation( 6) procedure( 7) borne out( 8) dealt

III. Paragraph translation from English into Chinese.

任何国家或独立关税区均可请求筹备委员会向WTO部长级会议提议批准其根据《WTO协定》第12条规定加入该协定的条件。如果此种请求是由一正处于加入GATT 1947过程中的国家或独立关税区提出的,则筹备委员会应在可行的限度内,与GATT 1947缔约方全体设立的工作组联合审查该国或独立关税区的加入。

IV. Paragraph translation from Chinese into English.

On one hand, the WTO was assigned responsibilities additional to those earlier carried out by the GATT. On the other hand, the fact that the WTO is an organization provided potential and opportunities for the institution to alter its role in the international trading system, at least to someextent, relativeto the passive“instrument of theGATT signatories”that GATT Secretariat had earlier, necessarily, taken.

V. Oral work.

Omitted.