Beijing Law Review最新文献

{"title":"An Investigation of Cross-Cultural Differences as They Affect Negotiations in the United States, Poland, and Russia: A Practical Guide for Negotiators","authors":"Barry M. Goldman, Victoria A. D’Amato","doi":"10.4236/blr.2021.123052","DOIUrl":"https://doi.org/10.4236/blr.2021.123052","url":null,"abstract":"In this paper, we interpret leading research on cross-cultural negotiations to provide practical guidance to practitioners either from or negotiating with, individuals from the U.S., Poland, and Russia. These countries can be considered as sharing a continuum of Western values, with the U.S. at one end, Russia at the other end, and Poland sharing some cultural values from each of the other two plus its own unique cultural values. Culturally, Poland is more similar to Russia; however, attitudinally, it shares many similarities to the U.S. We reviewed the literature in the area including papers in Polish and Russian journals. We discuss each of the cultural similarities and differences among each of these countries in the pages that follow.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130324604","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}

{"title":"The Use of Law in Wildlife Management","authors":"N. Sifuna","doi":"10.4236/blr.2021.123048","DOIUrl":"https://doi.org/10.4236/blr.2021.123048","url":null,"abstract":"This paper is a commentary on the suitability of using law in wildlife management, and on the role that the law can play in conservation and management of wildlife and wildlife resources. It is based on the hypothesis that law is an important tool for regulating social conduct and enforcing policy, and can play an important role in achieving sustainable wildlife management. The author holds the view that having no law at all, or having irrelevant, unsuitable, inappropriate and ineffective laws is unhelpful, and will in the end be counter-productive and a liability to the conservation agenda. The paper has critically addressed these concerns. Being a commentary, it presents the author’s personal views and opinion(s), but also draws from documented research and diverse views of other researchers, scholars, and commentators on the subject. It has also drawn from literature survey and arm-chair study, as well as views and information gathered by the author in previous research whose data and findings have been published. Virtually all societies, from the primitive society to the modern society, have had some form of law or legal ordering; with informal legal ordering in the former and more formalized laws in the latter. The enterprise of law (legal ordering) is so crucial that it has permeated all sectors of society and aspects of life, in such a way that a society without law is unfathomable. Laws have been used from time immemorial including the antecedent biblical times for: Societal ordering; defining rights and duties; prescribing standards for actions and conduct; proscribing harmful and undesirable conduct; punishing undesirable and prohibited conduct; addressing society’s problems; establishing mechanisms for dispute adjudication and dispute resolution; as well as reconciling and mitigating competing (and often conflicting) interests. Admittedly, law has permeated all sectors of society, including the wildlife sector; such that there are rules, regulations and laws on wildlife. This is to the extent that there has even developed a genre of law that may be described as wildlife management law, or simply wildlife law; with its own professionals, its own textbooks, and its own jurisprudence. This law has provisions: On wildlife ownership and use; for establishing wildlife agencies and spelling out their respective duties; for protecting wildlife from harm, especially that arising from human conduct and activities; for protecting wildlife habitats from encroachment by humans; and for mitigating the negative costs of wildlife such as competition for resources as well as wildlife predation and depredation. While law has some advantages that make it suitable for that purpose, it also has certain limitations. There are also several factors that determine or affect the effectiveness of laws (determinants)—mainly institutional ones. In that even with properly formulated laws, for law to be effective and play its intended role, there is need for those f","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115657591","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}

{"title":"The Incredible Shrinking Fourth Amendment —The Ongoing Erosion of the Fourth Amendment of the Constitution of the United States of America","authors":"G. Minchin","doi":"10.4236/blr.2021.123043","DOIUrl":"https://doi.org/10.4236/blr.2021.123043","url":null,"abstract":"During the Prohibition era, the US Supreme Court, “the court” radically deviated from the plain meaning of the Fourth Amendment and precedential authority. The object of this essay is to show that the “trespass” doctrine adopted in this period, was in fact a Prohibition law enforcement doctrine, which took only those parts of the common law that accorded with the court’s recasting of the balance set in the Fourth Amendment. This unprincipled approach construed the Amendment to allow wiretaps, when there was increasing public concern over this expansion of police power. This eventually led to the replacement of the “trespass” doctrine with the privacy doctrine, in Katz v. United States (1967). However, the focus on personal privacy counter-poses a weak value, to the strong value of effective law enforcement, as it pits a personal interest against a public interest. What is lost is the public interest in preventing the expansion of state power, under the veil of law enforcement. It is the central thesis of this work that both the “trespass” doctrine and the privacy doctrine have weakened Fourth Amendment protections and in part, have resulted in a law enforcement culture which is to an extent now out of control. The methodology employed to substantiate this thesis is a close analysis of the central cases, placed within a chronological context.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121286020","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}

{"title":"Introduction to Brazilian Constitutional Tax Law System","authors":"Renato Lopes Becho, Rafael Oliveira","doi":"10.4236/blr.2021.123050","DOIUrl":"https://doi.org/10.4236/blr.2021.123050","url":null,"abstract":"The main purpose of this article is to make a brief historical analysis of the Brazilian Tax Law System, outlining the intricacies and setbacks through which it came to be formed today through the Federal Constitution of 1988. The foundations that support the Federative Republic of Brazil will be listed, mainly with regard to the Constitutional Tax Law: the republican principle, the principle of legality, the principle of federalism and the principle of the due legal process, without which the Brazilian Tax System would not be possible. Finally, the article demonstrates the necessary steps to become a researcher in Brazilian tax law colleges and institutes, showing the current academic stage in which they are, through the process of interdisciplinary openness and internationalization at the Pontifical Catholic University of Sao Paulo (PUC/SP). As a bibliographical methodology, we confronted classical books—from Professors Ruy Barbosa Nogueira, Geraldo Ataliba, to Roque Antonio Carrazza—specific statutes—as the Brazilian Constitution of 1988—as well as new academic works developed at PUC/SP.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129028564","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}

{"title":"Protecting Product Designs through Design Patents and Copyright Law in China","authors":"Wenting Huang","doi":"10.4236/blr.2021.123045","DOIUrl":"https://doi.org/10.4236/blr.2021.123045","url":null,"abstract":"This paper argues that a designer with product designs in China, should obtain multiple protections through the intellectual property rights and related laws. This paper focuses on a specific aspect of Chinese intellectual property law related to design protection: design patents and copyright law. It aims to introduce the current legal framework of the Chinese Patent Law and Copyright Law and highlight the different standards in the protection of design patents, artistic works and works of applied art through real cases. Additionally, the paper evaluates and compares design patent protection and copyright protection in various areas, such as protectable subject matter, terms of protection, and infringement determination. This paper also explains that dual protection for a single product design is reasonable under both the Patent Law and Copyright because no evidence shows that Chinese law prohibits such protection. Ultimately, the Anti-Unfair Competition Law is likely to offer residual protection for product designs with “well-known” status. Therefore, the multiple protections provided by design patents, copyright law and unfair competition law are justified.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129129818","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}

{"title":"Institutionalizing Social Norms and Legal Culture: Social Dynamics under Legal Awareness Policy in Contemporary China","authors":"Kwong-or Fu","doi":"10.4236/blr.2021.123051","DOIUrl":"https://doi.org/10.4236/blr.2021.123051","url":null,"abstract":"This paper examines China’s policies on legal awareness in mid-2021. It brings into focus the social dynamics of the continuous institutionalization of social norms that are shaping the legal culture in China. It is argued that the discovery of legal culture outweighed the sociocultural imaginations of orders by the institutionalization of social norms. On the utilization of laws, it shows that the utilization of the laws is the direct result of the psychological expectation in seeking Justice via the laws—i.e. the narrower the gap between law-on-the-book and law-in-action, the higher incentives the Chinese citizens resorting disputes to the laws. On enhancing the obedience of the laws, it shows that a powerful discourse would be engineered with the external ideological environment/social norms (values, beliefs, and Zeitgeist of the contemporary Chinese society) such as the political atmosphere of “anti-corruption”, “security”, and “safety” and the recall of the pure socialist spirit.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124970424","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}

{"title":"The Secretariat on Responsible Conduct of Research: Ethics Guardians or Keystone Cops?","authors":"J. Lowman","doi":"10.4236/blr.2021.123041","DOIUrl":"https://doi.org/10.4236/blr.2021.123041","url":null,"abstract":"Human research ethics policies invariably hold confidentiality to be a core ethics principle. However, in North America over the past 50 years, numerous third parties—including police, grand juries, Congressional committees, coroners and corporations—have used various lawful mechanisms, such as subpoenas or search warrants, to attempt to gain access to confidential research information. The failure to legislate confidentiality protection for research participants in Canada may reflect the fact that there have been relatively few lawful threats to research confidentiality. However, the legal landscape has changed significantly over the past seven years; from 2012 to 2018, there were six new third-party party attempts to access confidential research information in criminal, civil and coroners’ courts. One of these challenges involved assisted suicide researcher Russel Ogden. In May 2014, the BC Coroner served Ogden, then a Kwantlen faculty member, a summons to interview him under oath concerning the death in 2012 of one of his research participants. Because the Coroner’s examination could potentially compromise Ogden’s promise of research confidentiality, he requested that Kwantlen provide legal support. When Kwantlen declined to provide that support, a third party made a formal complaint to the Secretariat on Responsible Conduct in Research concerning Kwantlen’s conduct. The ensuing article describes the Secretariat response to that complaint. The article suggests that, rather than leaving the defence of research confidentiality in the courtroom to individual research institutions, the Granting Councils should establish a fund to which universities contribute to defend research confidentiality against any lawful challenge.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121659852","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}

{"title":"The Legal Protection of Forests: Ethiopian Green Legacy vs. International Environmental Regimes","authors":"Abebe Kebede Jalleta","doi":"10.4236/blr.2021.123038","DOIUrl":"https://doi.org/10.4236/blr.2021.123038","url":null,"abstract":"An international forest sustainability treaty is essential to encourage states to work for restoration and minimize the loss of existing forests. However, such a treaty is unlikely despite the many efforts of different actors, including UN organizations. Due to these barriers, this article analyzes the interconnection and integration among some International Environmental Law instruments including, but not limited to: The Rio-Conventions along with their associated protocols and soft laws. It employed combinations of evaluative and comparative approaches to identify forest issues clearly in definitions, objectives, and existence of target specific goals, integration of laws and practices, and improvements made on forest quality and quantity. As a result, the instruments have minimum legal bases for state parties’ cooperation to enhance forest gain and minimize forest loss. However, they face paradox of convergence and divergence, added to their incompleteness and fragmentation.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128490465","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}

{"title":"Who Writes the Check If the Grounding of VLOC “Stellar Banner” Is Considered a Case of Deviation?","authors":"Marcos Aurelio de Arruda","doi":"10.4236/blr.2021.123040","DOIUrl":"https://doi.org/10.4236/blr.2021.123040","url":null,"abstract":"This article tries to enlighten a matter that is the termination of the insurance and cargo contracts after a geographical deviation using the case of the VLOC “MV STELLAR BANNER”. The ship voided part of the maritime channel and stranded during her laden voyage in Brazil. After four months grounded, the salvors decided to scuttle the ship, and the cargo was lost. The question that arises is who is going to bear the losses and expenses if a geographical deviation has occurred.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"36 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132439641","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}

{"title":"Towards Attaining Sustainable Development Goals in a “Fantastically Corrupt” World: Issues in International Legal Framework on Mutual Legal Assistance for Recovery of Proceeds of Corruption and the Nigerian Act","authors":"E. O. Babatunde, Mutiat Mobolanle Abdulsalam","doi":"10.4236/blr.2021.123037","DOIUrl":"https://doi.org/10.4236/blr.2021.123037","url":null,"abstract":"Pervasive corruption is a global phenomenon which remains a major obstacle to development in various climes. The United Nations agenda 2030 recognizes the need to solve the problem of corruption as key to achieving Sustainable Development Goals (SDG). In response to this problem, the UN Convention Against Corruption (UNCAC) was adopted in 2005 as an international instrument targeted at facilitating Mutual Legal Assistance in combating corruption, by aiding recovery of looted funds, seizure, confiscation and repatriation of stolen assets abroad. Nigeria has a history of leadership deficit and institutional failure accounting for numerous cases of corruption and siphoning of funds by the political class. To aid recovery of looted funds, Nigeria signed and ratified UNCAC, and signed into law the Mutual Legal Assistance in Criminal Matters Act in 2019. Against this backdrop, this study will analyse the provisions of UNCAC in comparison to the provisions of the Nigerian MLA Act. The aims are to ascertain limitations in the UNCAC provisions which might prevent realization of its set objectives, determine the extent to which the Nigerian MLA Act incorporates the underlining principles of UNCAC and to identify the effectiveness of both laws in addressing the various challenges of recovering stolen assets and funds prior to their advent. The study was based on comparative case study and inductive method. It was found that UNCAC has several limitations which the Nigerian MLA Act failed to remedy. It was also found that the Nigerian MLA Act has a relatively narrow scope. It limits the scope of MLA crime generally without paying particular attention to corruption. Lastly, the Act failed to capture country specific challenges such as lack of political will and poor inter-agency coordination undermining domestic anticorruption efforts which might spread to the international level. The study therefore concludes that there is need for a review of the Nigerian MLA Act to affect obvious and necessary improvements that will mitigate the current challenges bedeviling it from producing the desired outcome in Nigeria.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126237509","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}