美中法律评论:英文版最新文献

{"title":"Legal Mechanism for International Damage Caused by Transboundary Transference of Modified Living Organism","authors":"Liu Shiyi","doi":"10.17265/1548-6605/2020.04.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.04.004","url":null,"abstract":"Modified living organism is a double-edged sword, which brings human benefits as well as risks to ecological environment. The transboundary transference of modified living organism may cause damage to the ecological environment, and there are still many problems with the existing legal mechanism Therefore, the author proposed some suggestions based on the characteristics of international damage caused by transboundary transference of modified living organism, such as unifying the standard of damage degree quantification and the specific way of liability; carrying out the responsibility of damage; determining the principle of imputation; and the time limit liability investigation.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45468646","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":"New Perspective in Development of Local Self-Government","authors":"M. Klarić","doi":"10.17265/1548-6605/2020.04.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.04.001","url":null,"abstract":"Croatian local government is organized in a two-tier system with a polytypic structure. On the first level are cities and municipalities with municipality and city mayors. On the second level are counties with some county prefects. The first level is charged for typical communal tasks, such as waste management, water supplies management, maintenance and social housing, urban planning, etc. On the second level are counties, which are charged for the coordination of urban planning of local units from the first level, and support for the local units from the first level in organization and managing of the local tasks and duties relating for everyday life of people in local communities. But responsibilities, tasks, and duties are not so clear defined, so it exists overlap between these two levels of local self-government. The second question, which is related on processes of decentralization, is a question of role of sub-municipal government in local government of Croatia. This text will be analyzing possibilities of reform of these two levels of local government, and suggesting possible solutions for settlement of those problems.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42233643","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":"Protection of Computer Programs in Industrial Revolution 4.0 Era: From Indonesian Legislation Perspective","authors":"Satya Arinanto, I. Farida","doi":"10.17265/1548-6605/2020.03.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.03.002","url":null,"abstract":"The Industrial Revolution Era 4.0 encouraged the development of innovative computing systems that bring forth to innovations in information technology that were diverse and beneficial to the wider community. Computer programs developed as part of the software which one of the factors that influence the diversity of information technology. Today, computer programs have been recognized as valuable assets for companies and individuals who created or discovered them. Legal protection for inventions in all fields of technology including computer programs in several countries is carried out through patent registration as regulated in Article 27(1) of the Trade-Related Aspects of Intellectual Property Rights (TRIPs). Protection of inventions in the field of information technology by the Patent Law in Indonesia is currently limited only in the scope of hardware, while the protection of computer programs is regulated by Law No. 28 of 2014 concerning copyright. The regulation through copyright law is considered insufficient to protect inventions in the field of information technology. Some developed countries in the world, such as Japan and the United States regulate the protection of computer programs through patents. This research will use the normative juridical method using secondary data. Furthermore, this research will examine the protection of computer programs based on the laws in force in Indonesia. The results of the study are expected to be able to provide input and thought contributions in order to build a computer system protection system in Indonesia.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45146985","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":"Some Critical Analysis of the Japanese “Legal Transplant” Concept: From the Legal Geography Perspective","authors":"Kunihiko Yoshida","doi":"10.17265/1548-6605/2020.03.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.03.004","url":null,"abstract":"The Japanese Civil Code was considered a “fruit of comparative jurisprudence” in the early 20th century by Nobushige Hozumi. As this phrase shows, Japanese law was and has been one of the most successful cases of legal transplant. Even in the 1960-1980s, research of “legal transplants” attracted Japan’s top mainstream comparative and civil law scholars, most notably, Yoshiyuki Noda, Zentarou Kitagawa, and Eiichi Hoshino, in Japan. In civil law, German law (BGB) was formerly considered the mother code of Japanese civil law, but it turned out that Japanese law was originally transplanted from French code thanks to G. E. Boissonade. Later, some British case law was added to the previous civil code (named the “Boissonade Civil Code”) through the efforts of Professor","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43490739","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":"Land Rights as an Imperative for Sustainable Land and Natural Resources Management in Kenya","authors":"Leonard Omullo Orondo","doi":"10.17265/1548-6605/2020.03.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.03.003","url":null,"abstract":"Kenya During the colonial administration in Kenya, land was managed using complex administrative structures, which were generally inefficient and unproductive. Key land reforms were postulated in the Land Policy developed in 2009, and subsequently in the Kenya Constitution 2010. However, failure to fully implement the intentions of the policy and the Constitution has put the goals of sustainable land and land resources management in jeopardy. A major contributor of this phenomenon has been the political economy in the country. Vested political and economic interests have ensured that radical reforms in the land sector do not see the light of the day. This situation may be addressed by improved governance structures and more public participation in decision-making up to the grassroots level. The paper notes that the process of recognizing and accurately recording and managing records on land rights is a key ingredient in the protection of land rights. It further argues that the private land tenure system is an impediment to the realization of land rights of the weaker sections of society and points out that the three tier land tenure system in Kenya (public, private and Community), does not adequately address the bundles of rights in Land and land based natural","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48041064","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":"Refining the Precautionary Principle in Public International Law","authors":"Huang Yan","doi":"10.17265/1548-6605/2020.03.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.03.001","url":null,"abstract":"Public international law was once characterized by damage prevention in accordance with the preventive principle which required countries to control activities that would cause environmental damage. The precautionary principle challenged conventional technocratic approaches to the probability and magnitude of environmental risk. It presents an alternative to risk assessment and other frameworks thought to be insufficiently sensitive to pervasive scientific uncertainty, hidden scientific presumptions, and underlying value choices. The essence of the precautionary principle is that of taking action to address an environmental threat ahead of a disaster. The proliferation of international environmental law in the past quarter-century has been extraordinary, and the precautionary principle has been recognized by commentators as an exalted guiding principle for decision-makers. Applied logically, the principle would cannibalize itself and potentially obliterate public international law regulation.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48240544","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":"Legal Rules on University Technology Transfer From Comparative Perspective Between Vietnam and the USA","authors":"P. Nguyen","doi":"10.17265/1548-6605/2020.02.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.02.003","url":null,"abstract":"Under the context of the economic globalization, to foster the competitiveness of start-ups and enterprises, the technology transfer and the exploitation of invention from universities to enterprises are very necessary. Therefore, the importance of policy and legal rules relating to the transfer of technology is enhanced. In order to ensure the purpose of the university technology translation, the policy of each country with a tendency individual development will create specific legal mechanisms. However, it cannot deny that with the development of science and technology, the building of coherent and synchronized legal mechanism is imperative. Author does not have expectation to analyze all legal rules relating to university technology transfer in general. Therefore, this paper will research the regulations, in particular, on the ownership of technologies which are created from State budget and on the technology transfer management capacity at universities, to promote university technological transfers of two countries with contrasted economies and scientific-technological levels (USA—an industrialized country and Vietnam—a developing country). Through the analyses, we can see the differences from current relevant legal frameworks and have some discussions about the impact of these legal rules in practice between two countries.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48168311","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":"Kant’s Perpetual Peace as a Manual for the Twenty-First Century?—Cosmopolitanism, Ethics, and the Role of the Individual in a Globalizing Society","authors":"Christian Hein","doi":"10.17265/1548-6605/2020.02.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.02.001","url":null,"abstract":"At the beginning of the 21st century, new variables, such as globalization and homogenization, international terrorism, and mass-migration have started to change the socio-political fabric of the world. The implications of these new circumstances have been discussed in several publications—most notably Seyla Benhabib’s study Dignity in Adversity, Žižek’s recent Against the Double Blackmail and Andreas Cassee’s philosophical essay “Globale Bewegungsfreiheit”. However, although they touch on the matters of cosmopolitanism, migration, and the issue of human rights, I want to go back to Kant’s programmatic essay “Perpetual Peace: A Philosophical Sketch” and what defines it as a viable concept for the future. The migration crisis of 2015 has put categories, such as hospitality, human rights, ethics, and cosmopolitanism in a new perspective. Picking up Kant’s category of hospitality, the German government decided to admit a large number of refugees into Germany. The reactions within the country and internationally were mixed. Nevertheless, this sudden influx of human individuals has led to a discussion of the applicability of Kant’s concept of unlimited global mobility and its basis in reality. It furthermore raised the question whether Kant’s essay is merely a product of a naive idealism. A deeper analysis of Kant’s socio-political objective and its connection to his critical writings will be necessary to understand the significance of his essay in the 21st century. Thus, the question I want to ask is whether Kant’s Perpetual Peace could indeed be a viable model for the new age. Hence, I will analyze his sketch by using an alternative approach focusing on the (usually neglected) rationality of his seemingly idealist vision—namely, as blueprint for a flexible system that can counterbalance socio-cultural/socio-political change and (only through that/a transformative/transforming quality) stabilize the/a global(ized/izing) society and, therefore, achieve a state of perpetual peace based on the prerequisite of rational thinking which accounts for all possible (new) circumstances and variables that might destabilize the balance of powers and require a new ethical and political framework for a new Lebenswelt. The role of the individual in this scenario will be examined and, moreover, what consequences a transformed ethical reference system could have for the validity and applicability of human rights on a global scale.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41786197","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":"Behind the Farce of the Meng Wanzhou (& Huawei’s) Ordeal: Maneuvers in a Hegemonic Duel","authors":"J. Hsiung","doi":"10.17265/1548-6605/2020.02.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.02.004","url":null,"abstract":"The fussy questions regarding due process include, for example: Why was she treated as if she were already a criminal without a trial and, as such, was locked up while being denied parole by a Vancouver judge who refused to accept a bail by her husband because he was not a Canadian citizen? Even after she was finally paroled, she continued to be kept under house arrest in Vancouver wearing leg fetters, like a convicted criminal. Why so? Washington wanted her extradited to the United States for trial on charges related to her company’s breach of U.S. policy and law banning trade with Iran. But, this was unilateral U.S. policy. Unless it was sanctified by the United Nations with a large enough vote margin that demonstrates an opinio juris comunis, it would have no binding force on China and, for that matter, on Canada or any foreign country. Other questions relate to the massive U.S. campaign against Huawei Co. itself beginning with its rationale. Could it be prompted by concerns over the unrivaled technological advance in Huawei’s 5G products? Hence, is it possible to derive a conclusion from these puzzles that it was Huawei’s unrivaled technological edge (G5) that did it in, and that the ostensible charge that the company had breached the U.S.-imposed ban on trade with Iran was just a convenient pretext, a façade for the whole scheme out to kill a competition from China as a threatening rival? During a brief transit stop in Vancouver, on December 1, 2018, Meng Wanzhou (also known as Sabrina Meng), the chief financial officer (CFO) of Huawei, a giant Chinese global company, was arrested by Canadian authorities, on a warrant issued by a New York court seeking her extradition to the United States.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49232565","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":"Host States’ Logic of Balance in Applying the Right to Regulate Foreign Investment Admission","authors":"Fei Xiuyan, Liu Zhenning","doi":"10.17265/1548-6605/2020.02.005","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.02.005","url":null,"abstract":"Foreign investment admission is concerned with whether foreign investment is admitted or in which manner foreign investment can access host states’ markets. Recent changes of international investment rules focus on the rules of foreign investment admission. Those changes reflect host states’ reconsideration on the way in which they regulate foreign investment admission. It argues that host states, as rational persons, tend to apply the logic of balance in regulating foreign investment admission, with three dimensional implications as to balancing the “quantity” and “quality” of foreign investment, balancing foreign investors’ and host states’ interests, and balancing investment liberalization and government regulation. Nevertheless, some states may break the logic of balance in exceptional cases, such as the US employed the FIRRMA as a tool to contain China’s rising and challenge to its hegemony. Therefore, the logic of balance does not apply to the states with the intention of manipulating the right to regulate foreign investment admission.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45560068","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}