四、一個國家的國內進口救濟制度為何?請說明之。10%
三、國際法課程談到武力使用規範的演變時,老師在黑板上寫下:「義戰、訴諸戰爭的權利、限制使用武力、非戰」,並表示這代表著整個武力使用規範演變的階段。請你參考這位國際公法老師提示的重點,補充重要的條約內容、學者見解和歷史背景,說明國際法上武力使用規範的演變。30%
二、學生A日前提出問題,「當我要引用國內法時,我會找法典,如果是民法問題,我會查民法法條。但是國際法到底在哪裡?它是以什麼形式存在?國際法院法官適用國際法時,倒底是依據什麼?」請你依據公認的見解,回答他的問題。30%
IV. Discourse Analysis
During the period from 1648 to 1780, Europe was not well off everywhere. Famine was the occasional collective crisis in the life of the poor. __1__ Poverty was the normal condition of at least half the people of Europe. Of this mass the more fortunate did certainly live in a reasonably secure way: they were those who had sufficient land, perhaps 15 acres or more, or a regular living wage. __2__ Below those fortunate ones ranged a great many who could slide into the pit of destitution at any time. Because of the lack of realizable assets, debt was a familiar condition everywhere: unlikely to be repaid, usually the start of a progressive decline. __3__ It might be illness or injury to a bread winner, the failure of a crop or the death of a cow – any one such event could be fatal.
There was a tendency to marry later, while a surprisingly high proportion of western European girls, between 10 to 15 percent, did not marry at all. Among the rest, almost half married after the age of 25. __4__ On the other hand, there was generally no understanding of birth control for the poor, though in desperation a couple might practice some voluntary abstinence.
__5__ The prevalence of infanticide has a grim significance. A drain opened in Rennes in the course of rebuilding in 1721 revealed the skeletons of eighty babies suffocated in the first hours of life.
5.(AB) Anyone who possesses neither goods nor chattels is destined to fall into misery at the least accident. (AC) The poor had no reserves, and the third or fourth child was a disaster for many young families. (AD) Nature has way of restoring the precarious balance between people and resources. (AE) As the price of bread soared beyond the earning capacity of the poor, the church began to take over obligations of relief. (BC) This was the key to the rate of child-bearing—the real contraceptive weapon of classical Europe. (BD) Whatever the variants, the essence of the situation was that enough was earned to provide the daily bread.
4.(AB) Anyone who possesses neither goods nor chattels is destined to fall into misery at the least accident. (AC) The poor had no reserves, and the third or fourth child was a disaster for many young families. (AD) Nature has way of restoring the precarious balance between people and resources. (AE) As the price of bread soared beyond the earning capacity of the poor, the church began to take over obligations of relief. (BC) This was the key to the rate of child-bearing—the real contraceptive weapon of classical Europe. (BD) Whatever the variants, the essence of the situation was that enough was earned to provide the daily bread.
3.(AB) Anyone who possesses neither goods nor chattels is destined to fall into misery at the least accident. (AC) The poor had no reserves, and the third or fourth child was a disaster for many young families. (AD) Nature has way of restoring the precarious balance between people and resources. (AE) As the price of bread soared beyond the earning capacity of the poor, the church began to take over obligations of relief. (BC) This was the key to the rate of child-bearing—the real contraceptive weapon of classical Europe. (BD) Whatever the variants, the essence of the situation was that enough was earned to provide the daily bread.