美中法律评论:英文版最新文献

{"title":"Law and Policy Reforms in India amidst COVID-19 to Mitigate Risk in Infrastructure Structured Project Financing","authors":"Amit Kumar Kashyap, Vijaylaxmi Sharma","doi":"10.17265/1548-6605/2022.01.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2022.01.003","url":null,"abstract":"","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42800907","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":"Access to COVID-19 Vaccine and Its Distribution: The Responsibility of State and International Organization","authors":"Liza Shahnaz, Zainal Abidin Muhja, Ade Cici Suciati","doi":"10.17265/1548-6605/2021.06.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.06.003","url":null,"abstract":"","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47594268","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":"Prospects of China’s New Arbitration Law: From the Perspective of Balancing Legal Paternalism and Autonomy of Will","authors":"FANG Ruian","doi":"10.17265/1548-6605/2021.06.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.06.004","url":null,"abstract":"","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44418851","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":"How to Talk to Toddlers About Child Abuse Prevention","authors":"Julie Federico","doi":"10.17265/1548-6605/2021.06.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.06.002","url":null,"abstract":"","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48100214","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":"Research on Data Sovereignty Rules in Cross-border Data Flow and Chinese Solution","authors":"CHEN Si","doi":"10.17265/1548-6605/2021.06.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.06.001","url":null,"abstract":"Data sovereignty is the manifestation of national sovereignty in the digital field, which is also a matter of national security. While the U.S. ostensibly emphasizes the cross-border free flow of data, it actually implements the powerful policy of long-arm jurisdiction damaging the data sovereignty of other countries. On the other hand, the EU promotes European rules to the world in the name of advocating data protection, furthering data sovereignty through technological sovereignty. Russia asserts data sovereignty by adopting data localization measures. In order to adequately maintain data sovereignty in the cross-border flow of data as well, China should draw up the extraterritorial practice of relevant rules. In view of the problems to Chinese data sovereignty rules, we propose the concept of constructing such to strike a balance between data protection and data open, establish the jurisdictional rules of data sovereignty, determine the reasonable scope of applying data localization, and actively participate in the international legislation of data sovereignty. The proposal is also to provide a Chinese solution that is prudent and encouraging cooperation for global data sovereignty rules.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44446309","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":"Personal Information Protection: China’s Path Choice","authors":"Shao Yi","doi":"10.17265/1548-6605/2021.05.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.05.003","url":null,"abstract":"Under the background of data as means of production, it is the goal of the world powers to protect personal information comprehensively and effectively. Although the appellation of “personal information” is not exactly the same due to different legal traditions and customs, its substantive content is similar or even the same. In both civil law countries and common law countries, the definition of personal information tends to converge, with “identifiability” as its core component. Unlike the United States and European Union countries, China’s Civil Code does not adopt a “right-based mode” to protect personal information, but chooses a unique “legal interest protection mode”, demonstrating that natural persons enjoy their personal information as personality interests rather than property interests. They are civil interests independent of the right to privacy, and are civil interests protected by law rather than a separate right. In the future, China should set up special supervision and management institutions, and the criterion for judging the facts of damage should be appropriately relaxed to strengthen the private law protection of personal information.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41546204","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":"Trends and Changes in Corporate Governance and in Corporate Social Responsibility Policies","authors":"Belén Alonso-Olea García","doi":"10.17265/1548-6605/2021.05.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.05.001","url":null,"abstract":"Spain Corporate governance and corporate social responsibility is increasingly becoming a reality, especially, of listed companies. In the EU, it is regulated by the Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 and Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013. The corporate governance framework for listed companies in the EU is a combination of legislation (hard law) and soft law, including corporate governance codes and recommendations. While corporate governance codes are adopted at national level, Directive 2006/46/EC promotes their application by requiring that listed companies refer in their corporate governance statement to a code and that, they report on their application of that code, on a “comply or explain” basis, which means that a company that chooses not to comply with these recommendations must explain which parts it has not complied with and for what reasons. Another aspect is related to the appointment and composition of boards of director based on diversity in terms of gender, race, ethnicity and nationality. As corporate social responsibility, listed companies may voluntarily address environmental, social and employee-related issues, human rights, anti-corruption and bribery in their sustainability reports. These regulations contemplate the progressive assumption of the triple dimension of sustainability: economic, social and environmental of the Agenda 2030 and a new culture of ethics in business management. The question, the object of this article, is to indicate the social aspects of sustainable development that these companies are deemed to integrate (hard law) and address in their sustainability reports (soft law) in order to be socially more sustainable. To this end, it is necessary to analyze the concept of decent work and how it is included in the fundamental texts of EU social law: Charter of Fundamental Rights of the European Union, 20 principles of the European Pillar of Social Rights and derivative boardroom. It potentially results in better decisions but getting to those decisions may take more time. Therefore, the commitment and support of the chairperson is indispensable. Young people, developing effective policies aimed at generating full, productive and freely chosen employment and decent work opportunities for all, and in particular facilitating the transition from education and training to work, with an emphasis on the effective integration of them into the world of work. Older workers supporting measures that help them to expand their choices, optimizing their opportunities to work in good-quality, productive and healthy conditions until their retirement, and to enable active ageing. Women, achieving gender equality at work through a transformative agenda, with regular evaluation of progress made, which ensures equal opportunities, equal participation and equal treatment, including equal remuneration for women and men for work of equa","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45821436","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":"Research Collaborative of Policing—A Case Study of Taiwan Cross-Border Drug Investigation","authors":"Chin-I Chen","doi":"10.17265/1548-6605/2021.05.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.05.004","url":null,"abstract":"This study uses qualitative research methods, through domestic and foreign literature, etc., to conduct research on collaborative of policing. This paper takes Taiwan’s actual cross-border seizure of a large number of drug smuggling cases as an example from 2017 to 2019, and discusses what we know is that breaking off the chain of smugglers in the drug production and distribution chain has a highly effective effect. In the process of social change, Local Collaborative of Policing is essential to prevent crime and reduce disease. Now, however, police officers routinely respond to international and transnational crime threats such as terrorism, cybercrime, international fraud, and human trafficking. The increasing need for officers at even the most local levels is to respond to international crime issues and to work together directly with police from other countries. The International Collaborative of Policing is an increasingly important method of combating transnational crimes such as organized crime and drugs. Through collation of the related literature, the paper obtains (1) collaborative of policing—integrate resources to facilitate the detection of drug smuggling at sea, (2) the future development of the collaborative of policing, and (3) the knowledge is from diversity—induction of cross-border collaborative of policing.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48200627","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":"One Belt, One Road, Two Routes Regulation: Regulatory Interactions Between China and Host Countries in the Context of the Belt & Road Initiative","authors":"Zhang Chi, LIU Ziyu","doi":"10.17265/1548-6605/2021.05.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.05.002","url":null,"abstract":"In recent years, China’s “One Belt, One Road” Initiative (BRI) has become one of the most significant frameworks for foreign capital investment around the world, with around 70 countries hosting BRI projects. In this article, we focus on the regulatory interaction between China and host countries arising from this process. There are two strands. The first focuses on the interaction between Chinese-sponsored BRI projects and the regulatory systems of host countries linked to foreign investment, encompassing both greenfield investment and mergers & acquisitions. The second focuses on the way in which China has adapted its domestic regulatory framework to facilitate outward foreign investment. We conclude by linking these elements with emerging trends in international economic law so as to frame an agenda for further research in a field that has attracted relatively little attention in legal scholarship to date.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44840904","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":"Children’s Privacy and Data Protection in Judicial Decisions in Indonesia","authors":"A. Sofian, B. Pratama, Besar, Mark P. Capaldi","doi":"10.17265/1548-6605/2021.04.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.04.001","url":null,"abstract":". Children’s privacy and data protection is essential in maintaining and fulfilling legal obligations in protecting children's privacy. The child is appointed as a defendant, witness or victim and legally the trial is declared closed to the public in order to protect the child's privacy. Since the trial is declared closed to the public, the identity of the child cannot be published, including when the verdict is declared. Problems arise when an excerpt of a verdict from a case related to children is published and displayed on the Supreme Court website demonstrating inconsistencies in protecting the child's privacy in the legal process. In some cases, it has been found that the court verdict displays the child's identity completely or partially. Even where there are verdicts that do not display the child’s identity, information regarding the criminal cases may be clearly exposed in the verdict making it possible to find out personal information about the children as well. As such, through an analysis of secondary data and a review of the legal framework, this paper presents the protection of children's privacy data in judicial decisions as currently found in Indonesia, and its implications for children. It concludes by identifying how legal norms should rule the protection of children's privacy data in judicial decisions.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45944202","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}