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Comparative Analysis of EU Export Control Regulations of Dual-Use Item 欧盟军民两用物品出口管制法规比较分析
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020103
Jingzhuo Hu
{"title":"Comparative Analysis of EU Export Control Regulations of Dual-Use Item","authors":"Jingzhuo Hu","doi":"10.23977/law.2023.020103","DOIUrl":"https://doi.org/10.23977/law.2023.020103","url":null,"abstract":": On June 11, 2021, the EU issued the revised Regulation on Control of Dual-Use Items Export (EU 2021/821, hereinafter referred to as \"the Regulation\") in its official gazette. The Regulation came into force on September 9, 2021, and replaced the EU's existing export control laws and regulations, which were introduced in 2009. Compared with the revised proposal of the Regulation issued by the European Commission for the first time in 2016, the newly revised Regulation has made certain adjustments in the scope of control, further reflecting the competition and consideration between EU member states and the European Commission on the specific scope of control and measures when revising the Regulation. Through the introduction of the main structure and content of the newly revised Regulations and interpretation of the newly revised contents that deserve attention in the Regulations, this paper compares the Regulations with the export control rules of China and the United States, and finally provides reference suggestions for compliance.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126558739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Theoretical Study on Nationality and Cancellation of International Commercial Arbitration Awards 国际商事仲裁裁决的国籍与撤销的理论研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020203
Beibei Guo
{"title":"A Theoretical Study on Nationality and Cancellation of International Commercial Arbitration Awards","authors":"Beibei Guo","doi":"10.23977/law.2023.020203","DOIUrl":"https://doi.org/10.23977/law.2023.020203","url":null,"abstract":": The international commercial arbitration award refers to the award made by the arbitration tribunal in international commercial arbitration cases. The determination of the nationality of an arbitral award plays an important role in international commercial arbitration, and the determination of the nationality of an arbitral award also plays a decisive role in the implementation of international commercial arbitration awards. The determination of the nationality of an award in international commercial arbitration is usually based on the implementation region of the case. The court of the state with the nationality of the award can exercise the right to revoke and supervise the award results in commercial arbitration cases. The foreign country without the nationality of the award can only choose to recognize or refuse to implement the revocation and supervision. Once an arbitral award is revoked, the arbitral award will no longer be legally binding. And a foreign arbitral court that does not have the nationality of the award can refuse to recognize the enforcement of the arbitral award.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132083377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Intra-platform disputes and democratic adjudication 平台内纠纷与民主裁决
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2022.010208
P. Xue, Rongdong Zhang
{"title":"Intra-platform disputes and democratic adjudication","authors":"P. Xue, Rongdong Zhang","doi":"10.23977/law.2022.010208","DOIUrl":"https://doi.org/10.23977/law.2022.010208","url":null,"abstract":": History has selected and determined the position of the court in reconciling the conflict of rights, but this judicial mechanism is not omnipotent, and the cost of litigation and the complicated procedure have become the first threshold. These preconditions make people with the desire for rights subject to rational guidance to decide whether to continue to maintain rights, especially when the object of dispute is relatively small. Some e-commerce platforms have developed a mechanism to deal with internal disputes through mutual review among users. Whether this can become an ideal means to supplement traditional justice is a topic that needs to be discussed under the Internet economy.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131190668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Research on the Legal Issues of the Company's Ultra Vires External Guarantee 公司越权对外担保的法律问题研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020508
Yaxian Du
{"title":"Research on the Legal Issues of the Company's Ultra Vires External Guarantee","authors":"Yaxian Du","doi":"10.23977/law.2023.020508","DOIUrl":"https://doi.org/10.23977/law.2023.020508","url":null,"abstract":": Guarantee refers to the guarantor's promise to the creditor to pay off the debt on behalf of the debtor or to pay off the debt with a specific value when the debtor fails or cannot pay off the debt. There are still disputes on the choice of norms, the standard of review obligation and the effect of private law in determining the validity of the legal representative's ultra vires guarantee. In the unauthorized agency system, the bona fide counterpart enjoys the right of cancellation before the act committed by the doer is ratified. The counterpart here is in a state of \"malice\" and naturally does not enjoy the right to cancel. On the basis of the existing minutes, we should do a good job of connecting the \"Company Law\", the Civil Code and relevant judicial interpretations, streamline the provisions, and accurately divide the boundary between \"the goodwill of the other party\" and \"the content of formal examination\". The author thinks that the literal interpretation of legal rules and its typological analysis are the only way to identify the effectiveness of the company's ultra vires external guarantee, but we can't draw the conclusion of the effectiveness of the guarantee behavior in one step, and we need to cooperate with other interpretation methods.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122108495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Principle of Equidistance on Continental Shelf Delimitation 大陆架划界的等距原则
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020304
Ma Xueyao
{"title":"The Principle of Equidistance on Continental Shelf Delimitation","authors":"Ma Xueyao","doi":"10.23977/law.2023.020304","DOIUrl":"https://doi.org/10.23977/law.2023.020304","url":null,"abstract":": In the field of the international law of the sea, continental shelf delimitation has always been one of the most controversial issues. Since the definition of the Equity Principle in the “United Nations Convention on the Law of the Sea” (UNCLOS) is relatively vague, the connotation of the Equity Principle depends on the accumulation and development of international judicial precedents, arbitration awards, and state practice. The Equity Principle of continental shelf delimitation has been generally recognized by the international community and has become a part of customary international law. Only when all relevant circumstances are fully considered can a fair delimitation result be obtained and a balance of reasonable interests of all parties be achieved.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122279691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Exploration on the Causes and Cracking Paths of Civil False Litigation 民事虚假诉讼的成因及破解路径探讨
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020407
X. Miao
{"title":"Exploration on the Causes and Cracking Paths of Civil False Litigation","authors":"X. Miao","doi":"10.23977/law.2023.020407","DOIUrl":"https://doi.org/10.23977/law.2023.020407","url":null,"abstract":": With the development of China's economy and society, civil false litigation cases have shown a high incidence trend, which seriously disrupts the judicial order in our country, wastes judicial resources, and damages judicial authority. Although China has introduced a series of measures in the field of regulating false litigation, further improvement is still needed. Starting from judicial practice, this article summarizes the frequent cases of civil false litigation, analyzes the causes of civil false litigation cases","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126096200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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