The fate of Chinese legal scholarship appears to have been closely linked to the chronological development of legal education in China. The periods of incubation of legal scholarship covered nearly three decades of internal strife and political turmoil from 1949 to 1978. The rebirth of Chinese legal scholarship did not take place immediately upon China's return to the United Nations (in 1971). This return, however, marked the first sign of a change of policy towards legal scholarship.

The author briefly describes the history, development and current status of (Chinese) legal scholarship and attitude towards international law in China.

Experiments on human beings are often beneficial for mankind in general and individuals in particular. They may, however, also present a threat to the right to the personal integrity. Existing provisions of the international law on human rights as well as of humanitarian law are instruments to protect this right against certain forms of experimentation. They leave, therefore, many questions open. Several non-binding texts give suggestions to answer them. They are also useful as materials for an international convention to protect human beings against unwarranted experimentation.

This study contains a short informative survey of rights and obligations, according to European Community Law, incumbent on students who intend to follow educational courses in another member state of the European Communities. It is concluded that those students may not be hindered whatsoever as to the access to schools and universities of their host state, however, they have no rights in respect of maintenance allowances.

Classical international law was characterised by its insistence on the state as a sovereign who within its borders had no equal and thus permitted no interference in its acts. States were the only subjects of international law. All other entities were objects of the law which was inevitably dominated and dictated by states. Modern international law has seen a drastic shift from these views. For instance, legal theory now recognises other subjects of the international regime. States have yielded parts of their sovereign powers to personalities like international organisations. To a certain extent, natural and legal persons have found a place in the emerging international law. It must be emphasised, however, that this position of the latter does not go unchecked. States still regulate the activities of other international legal personalities. States are also seen jealously guarding their status as the prime subjects of international law.

The energetic implementation of the 1992 programme should not be allowed to put the contribution of the Court of Justice to the establishment of the Common Market in the shade. Its case law on the direct effect of Treaty provisions concerning the free circulation of persons, services and goods enables European workers and business-men to fight effectively against protectionism in the EEC Member States. The Court gives, moreover, a very broad interpretation to the prohibitions contained in these provisions and, reciprocally, a very restrictive interpretation to their exceptions. This approach leads to the removal of nearly every obstacle to free trade. Liberalisation has its limits however. Certain economic activities require regulation, even if it has restrictive effects.

After sixteen years of negotiation and numerous Commission's proposals, on December 21, 1989 the Council of Ministers of the EC finally adopted a Regulation on the Control of Concentrations Between Undertakings. The Regulation enters into force on September 21, 1990.

Although the first draft regulation had been issued by the Commission as long ago as 19732, the Council has been unable to reach consensus on the subject for some time. Several amended proposals followed the 1973 draft, but it was only recently that things became really serious, as the Council has been put under considerable pressure by the Commission and industry to finally decide. The increasing pressure has been considered due largely to the EC Court's decision in the BAT-Reynolds Case and the rather active behaviour the EC Commission has displayed in intervening in concentrations since that judgment.

A current legal development that has certainly attracted public attention (at least in the Netherlands) is the Decision of the European Commission “concerning the provision in the Netherlands of express delivery services”.

The following corrections have been made to the article “The Hague Evidence Convention: Practice in the Netherlands”, written by E.P.A. Keyzer and M.T. Nijhuis (attorneys-at-law, Loeff & Van der Ploeg, Advocaten en Notarissen) and appearing in the last issue of the Leiden Journal of International Law (Vol. 2, No. 2, 1989).

On page 162 of that issue two unrelated notes were put together (the two judgments of the Dutch Supreme Court have no bearing with the article of P. Herdenberger).

On page 164, the second phrase (“Risks for Dutch parties in case they do not comply with dicovery orders”) should have been used to mark a new sub-paragraph and is not a phrase which fits within the article.

On page 165, in sub-paragraph 4.3. the words “from the Communities” were mistakenly added to the phrase “In 1983 the N.V. Philips Gloeilampenfabriek (hereinafter ‘Philips’) in Eindhoven requested an exemption”. This addition did not appear in the original text and does not enhance the meaning of the text.

We regret any inconvenience to our readers and extend our sincerest apologies.

The Editorial Staff