美中法律评论:英文版最新文献

{"title":"Understanding “Foreign Enterprise Investors” in Chinese Laws: A Suggested Standard for Identification","authors":"WU Guanzheng","doi":"10.17265/1548-6605/2021.01.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.01.001","url":null,"abstract":"Identifying foreign investors is a precondition for the application of the Foreign Investment Law of the People’s Republic of China, but this law does not specify the standard for such an identification. At present, there is no uniform standard or practice in international society. The existing standards for identifying foreign investors in modern countries are the place of incorporation standard, the place of domicile standard, the actual control standard, and the compound standard. The major difference underlying these changing standards is how to confirm the actual connection between foreign investors and host countries. In the era of globalization, multinational enterprises gradually weaken their national identity, becoming closer and more consistent with the interests of domicile. Therefore, the place of domicile standard can best reflect the actual connection between investors and the country, and this standard also gives consideration to the stability and flexibility of the law. As a result, the place of domicile standard has gradually become the main standard by which many countries identify foreign investors. The identification standard of foreign investors in Chinese legislation and international investment treaties is quite confusing, but there is little doubt that the main standard is the place of incorporation standard, which leads to many problems in practice. In order to adapt to the situation of international investment, China should take the implementation of the Foreign Investment Law as an opportunity to unify domestic legislation with the place of domicile standard. At the same time, it should pay closer attention to the convergence of domestic law and international law to achieve its legislative purpose by expanding opening-up and promoting foreign investment.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49634112","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":"Africa and SDG 9: Toward a Framework for Development Through Intellectual Property","authors":"K. E. McDave, Alexander Hackman-Aidoo","doi":"10.17265/1548-6605/2021.01.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.01.002","url":null,"abstract":"This paper initiates a conversation on how Africa can achieve Sustainable Development Goal (SDG) 9 through an effective intellectual property system. In the main, the paper explores some of Africa’s intellectual property frameworks in the light of the innovations taking place within the continent. We contend that an effective intellectual property system that recognizes intellectual property rights is key in driving progress in all societies. Consequently, Africa needs a robust intellectual property framework which guarantees the rights of intellectual creators.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42116857","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":"Better Accountancy for a Real Hopenhagen","authors":"R. Czeskleba-Dupont","doi":"10.17265/1548-6605/2021.01.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2021.01.003","url":null,"abstract":"It is questioned whether states, cities, and non-governmental organizations (NGOs) can solve the climate problem when rejecting to learn from critical scrutiny of their decisions. The Danish example of massive scale conversions from fossil to biomass sources for combustion-derived energy is a case in point, as it cannot be generalized. Historical as well as actual measurements since 1958 show that the world is living with an exceptionally high and rising level of atmospheric concentration of CO2. Additions (“sources”) and subtractions (“sinks”) have, therefore, to be considered as comprehensively as possible. Biological sinks must be better protected and expanded. The role of forests in climate mitigation is generally judged too optimistically without due regard to the threat of tipping points and short-term contributions to global warming from using woody biomass for energy purposes. Under the aim of the United Nations Framework Convention on Climate Change (UNFCCC) to stabilize CO2 concentrations in the atmosphere at a level in accord with the precautionary principle, the reporting of national emissions must comprise CO2 emissions from the combustion of biomass, too. Since the Kyoto-phrase that “biomass fuels are considered CO2 neutral” in the energy sector has no consistent backing in the land sector, the complexities of real forest development must be considered. Protection must be prioritized to avoid that more forests tip into becoming net sources of greenhouse gases—and forest potentials to draw down CO2 from the atmosphere are foregone. Therefore, carbon accounting must be extended from the one-sided approach of reckoning with “Kyoto-CO2” from fossil sources only to integrated assessments of, how to decarbonize, i.e., reduce CO2 emissions from the use of biomass sources, too. To become sustainable, correcting erroneous accountancy is a first step to be taken. Instead of using problematic carbon calculators, integrated energy planning for clean renewables can help, e.g., at city level.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49149665","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 Consolidation of Cooperation in the International Scenery—Theoretical and Principiological Support for a New Global Order","authors":"Priscila Caneparo Dos Anjos","doi":"10.17265/1548-6605/2020.08.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.08.002","url":null,"abstract":"The State, since its beginnings, has guided the development of its institutes in the common objectives of society. As the times went by, it became more flexible to achieve the societal anxieties related to the dignity. In this context, the internal order no longer apprehended the reserved domain of the tutelage of rights, supporting, in the alternative, international jurisdiction through the sharing of state sovereignty. Thus, international organizations and courts emerge, as well as the interconnection between States through cooperative contributions. In this perspective, bearing in mind the indispensability of the state legal order in the foundation of international cooperation, the objective of the study presented here rests in principiological and theoretical ways of consolidating the latter, so that there is a harmonized connection between States through cooperative channels subsists in this new global order.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48743088","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 Civil Code of the People’s Republic of China: Major Features and Contributions to the World","authors":"Li Shaohua, Xiaozhun Peng","doi":"10.17265/1548-6605/2020.08.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.08.001","url":null,"abstract":"After decades of preparation, China ultimately enacted the Civil Code of the People’s Republic of China, and this Code exerts significant influence on the international community. The Code is distinguished from civil codes of other countries by its philosophy of codification, structure, systems, principles, and specific provisions. Revolving around civil rights stipulated in the Civil Code, this article selects and analyzes a portion of provisions to throw light on the real right system’s characteristics of the era and of China. This paper aims to underline the importance of laying special emphasis on maintaining personal dignity, and discuss the necessity of actively adapting laws for the development of extensive IT application. This paper sets forth how the part on contracts functions as general provisions of the part on the law of obligations and how the part on tort liability protects all the rights enshrined in the preceding six parts, as well as the ensuing advantages. This paper also clarifies the features of the Civil Code, and summarizes the unique contributions made by the Civil Code to the world.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49554767","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":"Originality in Derivative Works: The Academy Logo in the Light of United Kingdom, South African and Ghanaian Copyright Laws","authors":"K. E. McDave, Alexander Hackman-Aidoo","doi":"10.17265/1548-6605/2020.08.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.08.004","url":null,"abstract":" This paper provides an insight into the test of originality, dwelling on the perspectives from three common law countries. These perspectives are measured against the United States threshold of originality, using the Academy Logo (the Work ) as a mirror. In the main, the paper argues that even though the U.S. standard, set for satisfying the requirements of originality, particularly for derivative works, is high and difficult to meet, the test of originality under the common law is equally not of a low threshold. Nonetheless, whereas common law, in many respects, attempts to reward labour, the U.S. test on originality leans towards the progress of science and useful arts.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49267259","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":"Pure-Classical and Neo-Classical Schools of Criminology: Applicability Into the Present Context of Criminal Law in Sri Lanka","authors":"Kusal Amarasinghe","doi":"10.17265/1548-6605/2020.08.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.08.003","url":null,"abstract":"","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48273833","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 Criminal Justice System in Mexico and the Problem in the Enforcement","authors":"C. A. Hernández, J. Hernández","doi":"10.17265/1548-6605/2020.07.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.07.001","url":null,"abstract":"The criminal justice system in Mexico changed radically as a result of a constitutional reform in 2008, in which the inquisitorial criminal process was modified to an accusatory one. This gave rise to a series of legislative reforms to adapt it to the new trends of the law, such as respect for the human rights of the parties involved in the process, based on a criminal guarantee where the penalty must be the last reason for the state to impose it. It also establishes other mechanisms to solve the conflict without the need to arrive a judicial resolution. All this with a purpose: prompt and expeditious justice, but what happens in reality, does the enforcement of this system present problems in Mexico? This is a matter for reflection and debate, but above all for the contribution of ideas to make effective the desire of society: justice.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67514260","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":"Realizing the Right to Health of Persons With Disabilities in Africa: “Empowering Health Professionals for Quality Care of Persons With Disability. A Case of Rwandan Public and Private Health Caregivers”","authors":"Josephine Mukabera, J. Umutoni","doi":"10.17265/1548-6605/2020.07.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.07.003","url":null,"abstract":"Persons with disabilities have the right to the enjoyment of the highest attainable standard of health without discrimination on the basis of disability. In this context, health professionals should be able to provide quality care in line with the needs of people with disability. This paper examines how Rwandan health professionals are empowered in terms of knowledge and equipment related to delivering quality care to people with visual, hearing, and speech impairment. This paper is framed around the capacity building theory. The study used a qualitative approach through semi-structured interviews with health professions from selected health institutions located in different provinces across Rwanda. The objective was to explore existing gaps in terms of capacities, facilities, challenges experienced by the health professionals as well as strategies for better service delivery to people with disabilities. Findings revealed strategic plans of the Rwandan health sector related to removing barriers that prevent people with disabilities to access health services are not accompanied by effective practice. Key factors that contribute to poor services delivery to people with disability included lack of knowledge and skills (85.5%), insufficient equipment and facilities (61.5%), absence of supportive partnerships (96%), financial constraints and negative attitudes from families and communities members. Hence, there is a necessity of joint efforts between key institutions including Ministry of Health, Ministry of Education, National Council of Persons with Disabilities and other key stakeholders in mainstreaming disability throughout programs and projects. Additionally there is a need to promote training initiatives related to disability as well as providing clinics and hospitals with necessary equipment required for quality care to patients with disability. Furthermore, these practical efforts need to be supported by close monitoring systems. Lastly community education is crucial in promoting inclusive communication among community members both those with and without disabilities in all social settings.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46390497","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":"Establishment of Green Courts in India and Their Role in Discharging Climate Justice—A Jurisprudential Analysis","authors":"Vikas Kumar","doi":"10.17265/1548-6605/2020.07.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.07.004","url":null,"abstract":"The theoretical base of the advocacy for green courts as a forum of social transformation by doing environmental and climate justice can be found from the arguments proposed by the supporters of specialized courts debate. Specialized forums, it is contended, are able to evolve superior procedural norms and develop better quality of jurisprudence through expert judges who have greater exposure to a homogeneous legal policy regime. They bring uniformity, consistency, and predictability in decision-making which enhances public confidence and helps in development of a rich body of environmental justice jurisprudence. Incidental benefits include time and cost savings as the requirement of massive documentation for understanding technical points of law in the special field is averted and streamlined procedures make litigation easier and quicker. Though there are pitfalls, like tunnel vision and capture by interest groups, yet, in view of the practical necessity, specialization appears to be an inevitable phenomenon and the field of environmental law has produced two excellent examples of successful forums in Australia and New Zealand. Environmental courts and tribunals (ECT) are being rapidly growing throughout the world and are becoming important phenomena of 21st century environmental law. As of January, 2016, the numbers of specialist courts (ECT) have grown to 1,200 in 44 countries. The amazing growth of ECT worldwide is quite interesting as there are no international treaties or convention specifically requiring the states to create special environmental courts. Principle 10 of the Rio-Declaration is often quoted as the basis of creation of environmental courts, which in fact talks about “effective access to justice and administrative proceeding” and nowhere puts obligations to the members to constitute environmental courts. Australia and New Zealand had already taken a lead in creating environmental courts in their jurisdiction respectively but establishment of environmental court called as green tribunal has lacked far behind due to many reasons and no doubt one of the prominent reasons out of so many was the reluctance on the part of the government, despite the fact that Supreme Court plays proactive role in establishing environmental courts by giving decisions in one or the other case. The present paper highlights the origin of environmental courts named as green tribunals in India and their role as dispenser of justice to the victims of pollution and to the environment itself and also highlights its flaws and good points (Sharma, 2008, p. 50) 1 . Most of the adverse effects of environmental degradation or climate change are experienced by poor and low income communities around the world who have higher level of vulnerability on their health, wealth other factors and much lower level of capacity available with them for coping with these environmental changes 3 . and delays may lead to cheaper project development and cost for consumers; (6) Gre","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44445629","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}