Studies in Law and Justice最新文献

{"title":"Marine Genetic Resources in Areas Beyond National Jurisdiction: Access and Benefit-Sharing","authors":"Kexin Zhu","doi":"10.56397/slj.2023.09.05","DOIUrl":"https://doi.org/10.56397/slj.2023.09.05","url":null,"abstract":"At present, the international community has held many discussions on the exploitation and utilization of marine genetic resources in area beyond national jurisdiction, and this issue has gradually become a hot topic in the field of international law of the sea. The first part of the main text introduces the negotiation dilemma of benefit-sharing of marine genetic resources with respect to the basic concept and legal status of MGRs in the ABNJ, and the second part summarizes the dilemma of negotiation on benefit-sharing of MGRs in the context of BBNJ, and focuses on the reasons for such dilemma. The third part discusses breakthroughs of the legal dilemma of MGRs in the ABNJ from a practical point of view and concludes with an assessment of the options within existing legal frameworks for accommodating an access and benefit-sharing system for marine genetic resources originating from ABNJ.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131360508","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":"Applicable Law in Validity of Arbitration Clause: Judicial Practices of the US Courts on Charterparty Disputes","authors":"Jiaming Zhang","doi":"10.56397/slj.2023.09.08","DOIUrl":"https://doi.org/10.56397/slj.2023.09.08","url":null,"abstract":"Incorporating the arbitration clause of charterparty into bills of lading (incorporation clause) is widely used in practice. When the rightful holder of bills of lading, usually the consignee, claims cargo damage to carrier, a valid arbitration clause rejects jurisdiction of domestic courts, or it will result in the jurisdiction of an arbitration tribunal. Determining governing law of examining arbitration clause, therefore, is the prerequisite of such cases. Choice of law turns out to be a controversial legal problem on account of either absence of uniformed legislation, or the complicated nature of relevant dispute. Generally, potential choices include governing law of charterparty, of bills of lading, or lex fori. In accordance with judicial practices in the United States, various courts prefer different governing law choices, but considering the interests balance between consignee and carrier, as well as party autonomy of commercial activities, the United States provides with the international society its inclination that governing law of bills of lading shall be applied.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127166948","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":"Forensic Law in Hypoglycaemia-3","authors":"D. C. Beatty, C. G. Yap","doi":"10.56397/slj.2023.09.01","DOIUrl":"https://doi.org/10.56397/slj.2023.09.01","url":null,"abstract":"“Environmental Enrichment” (EE) is a proven alternative therapy for Type 2 diabetes related complications. EE preserves the Purkinje cells in the brain. The latter is a promising therapy for prevention of diabetes related mental disorders. Sensory nerves are at higher risk of damage in the hyperglycemic milieu leading to diabetic neuropathy. Patients lose sensation in their lower extremities making them vulnerable to injury because they do not feel the pain, which is a warning sign of tissue damage. That can lead to catastrophic outcomes because with high blood glucose, wounds get difficult to heal. Gas gangrene and tissue necrosis develop, leading to the only resort being amputation and life change challenge. Early diagnosis of diabetes is nevertheless crucial in prolonging the onset of diabetes and its complication. To date many candidate early biomolecules have been reported which are promising early indicators for diabetes. However, advancement in this field of research has not been reported. Holistically diet, lifestyle, mental health and clinical treatment of Diabetes and Thyroid Disease, including Addison’s Disease, plays an important role in patient welfare. Tragically many patients die young or go through life suffering from the old Victorian Stigma of being tainted by having to treat an uncurable illness. This is not a joke as suggested in September 2006 in ignorance by a Hertfordshire Insurance Broker describing Diabetes with Neuroglycopenia as a Joke and Nonsense. This caused Obstructed Justice in Law of a critical life-threatening complication of Diabetes and Endocrinology Disease in Hypoglycaemia Unawareness and now in 2023 Otitis Externa and Osteomyelitis as disclosed in a tragic young law student death with likely clinically undiagnosed Otitis Externa and Osteomyelitis. A patient requiring clinician prescribed Insulin justifies clinical respect and understanding in English Law which has been misunderstood since 1994 with sad consequences in this investigation. Today in recovering and managing the COVID-19 Pandemic of 2020 we move forward with new welfare ideas. It is a delight to be able to share some latest work for future research based on 44 years T1 Diabetes experience complimented by Purkinje Cell environmental welfare.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126656270","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":"On the Abolition of the Death Penalty for Drug Offences in China","authors":"Yanbing Wang","doi":"10.56397/slj.2023.09.03","DOIUrl":"https://doi.org/10.56397/slj.2023.09.03","url":null,"abstract":"The Criminal Law Amendment (VIII) Act and the Criminal Law Amendment (IX) Act abolished the death penalty for many non-violent crimes, in line with the provisions of our Constitution on “respecting and safeguarding human rights” and in line with the international trend towards abolition of the death penalty. However, unlike many of the non-violent crimes that have been abolished, drug offences, which are also non-violent crimes, remain on the list of capital punishment. Over the past two decades, many academic and judicial leaders have worked towards the abolition of the death penalty for drug offences. However, due to the myth of the deterrent effect of the death penalty for drug offences and the heavy-handedness of the traditional drug management system, the goal of abolishing drug offences has never been achieved. The author argues that the death penalty for drug offences, as a non-violent crime, should not be treated as the most serious crime in criminal law and should be abolished. The aim of this article is to discuss the author’s ideas and rationale for the abolition of the death penalty for drug offences and to suggest some possible measures or ways to abolish the death penalty for drug offences.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"127 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127403898","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":"Study on International Law Regulation of Marine Radioactive Waste Dumping","authors":"Yutong Liu","doi":"10.56397/slj.2023.09.04","DOIUrl":"https://doi.org/10.56397/slj.2023.09.04","url":null,"abstract":"The problem of discharging Fukushima nuclear waste water into the sea challenges the existing international law regulations on marine radioactive waste dumping. This behavior does not fall within the scope of dumping regulated by London Convention. Provisions of land-based pollution regulation in UNCLOS cannot directly determine the illegality of Fukushima nuclear waste water disposal into the sea; The application of precautionary principle has a high standard for judging “potential hazards”, its application also has limitations. The existing international regulatory framework of marine radioactive waste dumping lacks compliance assessment mechanism. The application of international law regulation on the dumping of marine radioactive waste should be strengthened, which means expanding the application scope of London Convention Prohibited List, strengthening the application of the obligation in UNCLOS to monitor the risk or impact of marine environmental pollution. At the same time, it is necessary to re-examine the criteria of precautionary principle and to strengthen the compliance procedures for marine radioactive waste dumping.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126295068","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":"Rethinking Heavy Penalties and Misdemeanors for Drug Crimes in China—Discussing the Legislative History and Status of Drug Crimes","authors":"Chuyan Wu","doi":"10.56397/slj.2023.06.10","DOIUrl":"https://doi.org/10.56397/slj.2023.06.10","url":null,"abstract":"Felonism in drug crimes has been a long-standing problem in Chinese legislation and judicial practice, with historical and even political factors involved. China’s drug legislation has undergone a process from the last century to the present, from scratch to maturity, but it should still be noted that felonism on drug crimes is still a serious and urgent problem today. As a non-violent crime, the current penalties for drug crimes do not match their social harms, and the heavy-handedness of drug crimes can hardly reduce the occurrence of drug crimes. To treat drug crimes, the future can start from restricting, or even abolishing, the death penalty, attaching importance to life imprisonment without commutation or parole, and focusing on the application of property penalties, and treating drug crimes as a comprehensive misdemeanor in order to conform to the principle of matching crime with punishment.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116836231","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":"Exploring the Protection of Copyright for Firework Performances","authors":"Limin Cheng, Xin Wang","doi":"10.56397/slj.2023.06.02","DOIUrl":"https://doi.org/10.56397/slj.2023.06.02","url":null,"abstract":"China’s economy and culture keep moving forward, and atypical works appear more and more in the process of development. After the latest revision of the Copyright Law came into force, there are still controversies over the relevant atypical works. The copyright issues behind the creative achievements, such as the ten scenic hairstyles of West Lake, martial arts performances, musical fountains and fireworks shows, have also received wide attention. The copyright protection of fireworks performances faces the dilemma of the vague standards of creativity and unclear measure of infringement determination. It is necessary to analyze the legal connotation of fireworks performances, propose the standard of originality and clarify the standard of infringement to improve the copyright protection of fireworks performances.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"188 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124411957","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":"A Study on the Protection of Consumer Rights and Interests in Online Shopping","authors":"Lixuan Zhao","doi":"10.56397/slj.2023.06.12","DOIUrl":"https://doi.org/10.56397/slj.2023.06.12","url":null,"abstract":"With the rapid development of today’s social and economic landscape, the internet has become an integral part of people’s lives. People increasingly use internet technology to facilitate their daily activities. Online shopping, as a new shopping model, is particularly welcomed by consumers due to its convenience, affordability, and speedy delivery. However, given its characteristic virtuality, openness, and sharing, consumers’ personal privacy information may be compromised, and their rights to fair trade and claims can be difficult to enforce. Consequently, ensuring and protecting consumers’ rights and interests in online shopping has become a critical issue. This paper investigates consumer rights and interests in online shopping, and proposes effective strategies to protect consumers’ rights and interests. The aim of these recommendations is to achieve a balanced and healthy online shopping environment that will contribute to both social and economic development.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134156334","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":"Balance of Interests and Dispute Resolution in the Retrofitting of Elevators in Existing Multi-Story Houses in Tianjin","authors":"Jiayi Guo, Jingyu Han, Ruodan Xu, Ziman Feng, Yunxue Xiong, Yingming Pan","doi":"10.56397/slj.2023.06.04","DOIUrl":"https://doi.org/10.56397/slj.2023.06.04","url":null,"abstract":"With the aging of China’s population, the retrofitting of elevators in existing multi-story residential buildings has been steadily promoted with the support of the government, but the regulations and policies guiding the retrofitting of elevators have not been able to solve the disputes related to compensation relief, cost sharing, and safeguard measures well. The existing types of disputes are mainly civil and administrative. After searching and analyzing, civil disputes can be divided into three categories: nuisance removal, economic loss, and procedural defects, and in practice, there are problems with different standards for judging the eligibility of litigation subjects, limitations of litigation by low-rise owners, and lack of compensation mechanisms. Based on the current situation of retrofitting elevators to existing multi-story residential buildings in Tianjin, this paper analyzes the existing dispute resolution paths from the balance of interests of relevant subjects to promote the implementation of retrofitting elevators to existing multi-story residential buildings.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132801456","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 Reshaping of the Criteria for Defining the Criminal Organization of the Crimes of Cyber Mafia","authors":"Changchun Wu","doi":"10.56397/slj.2023.06.14","DOIUrl":"https://doi.org/10.56397/slj.2023.06.14","url":null,"abstract":"Under the impact of the network society, some of the characteristics of the crimes of cyber mafia have undergone different degrees of transmutation, and the incompatibility between the original legal norms on the identification criteria of criminal organizations and judicial practice has become more and more obvious. After analyzing the substantive changes and regulatory dilemmas of the criminal organization of gangland and evil force under the threshold of the network based on the demarcation of the concept of network gangland and evil force, the reshaping of the definition criteria of criminal organization should emphasize the substantive side of organizational characteristics, while enhancing the systemic status of soft violence as the basis for crime identification, and increase the corresponding quantitative standard setting.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"302 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124317947","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}