美中法律评论:英文版最新文献

{"title":"Parenting Coordination as a Solution to High Conflictivity and the Protection of Minors","authors":"Dra. Esther Alba Ferré","doi":"10.17265/1548-6605/2020.07.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.07.002","url":null,"abstract":"","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":"45150755","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":"Comparative Studies on the Similarities and Diversities of the Legislations Regarding Earthquake Insurance in Asia—Examples of Japan, New Zealand and Taiwan","authors":"Weijia Cheng","doi":"10.17265/1548-6605/2020.06.001","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.06.001","url":null,"abstract":"Earthquakes are one of the most threatening natural catastrophic risks for many Asian countries. The pecuniary losses from natural disasters, particularly earthquake, are much larger in advanced economies due to the accumulation and concentration of valuable capital, and the potential losses are much higher than in low income countries. As one of the most commonly utilized risk financing mechanism, the insurance industry is playing a critical role in post-disaster financing of the countries affected. Surprisingly, earthquake insurance penetration, in fact, is still quite low, even in some industrialized countries with high seismic risk. This is because the low-probability/high-consequence nature of catastrophic risk, like earthquake damages, poses difficult challenges for property owners, insurers, and reinsurers. This paper argues that, with some sort of government intervention, catastrophic risk results from an earthquake can be insurable and affordable. This paper will also analyze obstacles facing the successful creation of a compulsory earthquake insurance system while advocating its essentiality.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":"62 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41311721","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":"Corporate Social Responsibility (CSR) and Human Rights Accountability in Nigerian Petroleum Industry: From Voluntarism to Legal Positivism","authors":"Prince Uche Amadi","doi":"10.17265/1548-6605/2020.06.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.06.003","url":null,"abstract":"The softness and non-bindingness of international law pose a hindrance in imposing binding human rights obligations on corporations. Corporate social responsibility (CSR) seems to leverage on this normative authority of softness of international law to prevent states from imposing human rights sanctions on corporations. This paper explores the dynamics of CSR strategies in the Nigerian petroleum industry and assesses its effectiveness towards corporate human rights responsibility. The paper makes a case for a new approach to CSR deployment for effective corporate human rights responsibility. The paper contends that the adoption of a National Action Plan (NAP) by Nigeria towards the implementation of the UN Guiding Principles on Business and Human Rights will change CSR paradigm from the domain of social voluntarism to the realm of legal positivism. By drawing inspiration from these international guiding principles, the paper proposes for a national legal positivist approach to CSR in the oil industry.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42656790","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":"Thoughts About the Legal Argumentation in the Judicial Practice","authors":"C. A. Hernández, Melba Angelina Méndez Fernández, Lucely Martina Carballo Solís","doi":"10.17265/1548-6605/2020.06.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.06.004","url":null,"abstract":"Legal argumentation is a discipline of philosophy, whose objective is to interpret the norm regarding the facts presented by the parties in a judicial process. As a consequence, various models of evaluating the facts in real life have appeared, and to be presented by means of argumentation before the judges. Consequently, there are several theories to solve each and every one of these types of problems. Therefore, it is necessary to train judges on legal argumentation, which will help them decide over the most difficult cases they are presented.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45691944","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":"Consolidating Role of Law Between Political Party and Their Underbouw Organization","authors":"M. Ali, Ibnu Sina Chandranegara, Andisa Sekarani Wibowo","doi":"10.17265/1548-6605/2020.06.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.06.002","url":null,"abstract":"In Article 12 Point J of Act Number 2 of 2008 concerning political parties, a political party has the right to form and have a Political Party Underbouw Organization. However, there has not been a further or a specific Political Party Underbouw Organization regulation both in the elucidation of the act and the implementation regulations of the act. This study has the main objective to find the legal status of the Political Party Underbouw Organization in Indonesia. This research is a normative juridical research. This study concluded that the legal status of the Political Party Underbouw Organization can be regulated as a public legal entity which is a part of the political party or an independent legal entity. We strongly suggest the regulation of the Political Party Underbouw Organization must be specified as a chapter in the Political Parties Act or perhaps as a new act.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48965875","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":"Artificial Intelligence That Are Beneficial for Law","authors":"T. Sapkota, Shila Kunwar, Mahima Bhattarai, Shreya Poudel","doi":"10.17265/1548-6605/2020.05.004","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.05.004","url":null,"abstract":"In this 21st century, artificial intelligence (AI) has largely influenced the legal sectors. AI technology has helped various persons of legal field, such as lawyers, judges, law makers, etc. to store large number of confidential files safely. On the other hand, it saves time, ensures efficiency, ensures accuracy, helps to review documents, conducts legal research, etc. These days AI has also become an important subject matter for the government sectors including legislature itself. The laws are published in websites of various government institutions and made accessible to the people across the globe. Similarly, these days, law firms around the world also have been using AI to facilitate counseling to their clients, to review the documents, and even to make application in the court. The importance of AI in the field of law seems to be increasing day by day, for instance, establishment of National Judiciary Informatics System (UYAP) in many countries. Thus, AI has been playing the important role in legal field. Despite that it may result in greater harm to the mass people due to different reasons, such as hacking, data loss, etc. Consequently, AI needs to be used very consciously in the field of law to enjoy its beneficial part. The authors in this paper have explored the merits and demerits of AI and suggest for reducing the negative aspects of AI including its implications in Nepal. In order to produce a realistic paper, the researcher has followed descriptive and analytical research method while preparing the paper.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47994273","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":"Advancing Africa’s Development Through Legal Education: A Ghanaian Insight","authors":"Kujo E. McDave, Alexander Hackman-Aidoo","doi":"10.17265/1548-6605/2020.05.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.05.003","url":null,"abstract":"There is a plethora of literature on the state of legal education in Africa. Many of such works deal with structural defects in the legal educational system whereas others focus on content analysis of legal education curricula. These works are unanimous that the state of legal education in Africa requires a review of the system to meet local needs. In this paper we reiterate the issue of local content and argue that if legal education is to serve Africa well, then, it must be tailored to meet her local and contemporary needs. By extension, we also explore the missing links between legal education and development. Using Ghana and other African countries in a comparative discourse, it is our view that beyond the lamentations on the poor state of legal education in Africa lies the need for reforms. Such reforms, as is hoped, would advance Africa’s development in areas where she falls short.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43833948","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":"Health and Justice: Value of Rehabilitation and Scope of Liability of Rehabilitation Workers","authors":"Albert Lee","doi":"10.17265/1548-6605/2020.05.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.05.002","url":null,"abstract":"Rehabilitation is now covering a wider perspective to include any visceral disabilities which would include chronic illnesses including mental health, not only restricted to physical injuries. Rehabilitation can now be regarded as tertiary prevention, prevention of complications and further deterioration of existing chronic condition and restoration of usual functional capacity as far as possible; and quaternary prevention, prevention of complications of medical interventions. The scope of rehabilitative services is not only in the hands of particular specialties and healthcare professionals, to allow wider accessibility and affordability in achieving equity in health. Self-management and self-care, and patient empowerment programmes now also play an important part in rehabilitation, and the providers would go beyond the main stream healthcare professionals, such as physicians, nurses, physical therapists, and medical social workers. Introducing the concept of community health practitioners with basic training in health would play a critical role in supporting self-management, self-care, and empowerment which would be very time-consuming and costly if only relied on the main stream healthcare professionals. Revisitation of the concept of duty of care and definition of reasonable standard of care is warranted for the community health practitioners, so they have better understanding their scope of liability. As rehabilitation is a long term process, it is more than the physical process of treatment. Psychosocial rehabilitation is very much needed to support the patients and care-givers to manage the chronic conditions in community setting. This paper will discuss the credentials of community health practitioners and the issue of liability involved in rehabilitation particularly in community setting. This would enable them to play a greater role to fill in the gaps of services which might not be fully covered by the main stream healthcare professionals. Chronic illnesses now pose greatest health burden globally and the value of rehabilitation should cover wider perspective of health to address the needs of care in community. Universal health coverage should include community-based rehabilitation to focus on addressing the psychosocial perception and self-efficacy in chronic disease management in achieving justice and equity in health.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48764711","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":"Normative and Institutional Frameworks for Defending Human Rights Defenders in Liberia","authors":"U. Emelonye, P. Vahard, U. Emelonye","doi":"10.17265/1548-6605/2020.04.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.04.003","url":null,"abstract":" This paper postulated that human rights defenders (HRDs) are diverse foot soldiers from all works of life who operate as individuals or group of individuals in rural communities or cites and who devote their professional services, trade, or skills to the protection of human rights. This paper argued that the need to protect HRDs arose out of increasing threats against them and the global normative framework to protect them was fluid until the adoption of the Declaration on Human Rights Defenders by the United Nations in 1998, followed by regional and national frameworks. These frameworks gave birth to global and regional institutional mechanisms to protect HRDs including the United Nations Secretary General’s Special Representative for Human Rights Defenders and the Special Rapporteurs on the Situation of Human Rights Defenders. In the case of Liberia, whereas there is no applicable framework that specifically provide for the protection of HRDs, the key institutional mechanism for the protection of HRDs is the Independent National Commission on Human Rights (INCHR). Despite the protective shields of both the global, regional, and national frameworks and institutions for the protection of HRDs, the climate for HRDs in Liberia is","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":"48215453","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":"Local Memory and Transitional Justice Process: A Practical Experience in Transitional Justice","authors":"Chandara Phann","doi":"10.17265/1548-6605/2020.04.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2020.04.002","url":null,"abstract":"In Cambodia context, Democratic of Kampuchea (DK) is generally known as Khmer Rouge (KR) regime. KR regime remains negative impact of physical and emotional on many Cambodian people today. Non-governmental organization (NOG) partners with local administrations have implemented projects to support victims and to contribute transitional justice and memory initiative processes. The article aims to draw attentions on the processes at the ground. In addition, an article illustrated the works and processes of implementing projects at local community as it is considered very significant approaches to builds stronger from victimhood. The first part describes the differences of perspective of terminologies defined widely from scholars, researchers, and community level. The second part explained variety of local community projects contribute objective of dealing with the past, transitional justice and memory initiative. The last part briefed challenges of the process in working at local communities. Exploring local community context, such as issue, need, culture, history, and so on is best approach to deal community issue. Furthermore, the usage of participatory method motivates victims to open and to confidently engage in transitional process after the harsh atrocity of Khmer Rouge.","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":"41829723","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}