International Law and Major-Power Diplomacy with Chinese Characteristics

International institutions and norms, founded on universally accepted international law, have created a relatively stable external environment for China's peaceful development. Without a concerted effort to buttress established international law, it would be impossible for China to conduct its major-country diplomacy, foster a new type of international relations and build a community with a shared future for mankind.

Establishing a mechanism for international cooperation for Fukushima nuclear-contaminated water monitoring

The Japanese government’s unilateral decision to discharge the nuclear-contaminated water from the Fukushima nuclear power plant into the ocean has caused immense nuclear safety risks.Monitoring the unclear contaminated water is a starting point to combat these risks and seek remedies for the rights and interests of all concerned parties.The establishment of a mechanism for international cooperation in this respect is necessary to handle the risks of the Fukushima nuclear-contaminated water and to lay the foundation of a framework for tackling any future disposal of nuclear-contaminated water following Japan’s example.At present,the international legal systems in the spheres of nuclear safety and security,marine environmental protection,and other areas,as well as the questioning of the monitoring reports of the International Atomic Energy Agency(IAEA)by the relevant parties,the monitoring practices of historical nuclear accidents,and numerous radioactivity monitoring mechanisms have provided the institutional and practical basis for constructing such a mechanism.The mechanism can be promoted by the IAEA through its existing mechanisms or be jointly initiated by China,the Russian Federation,the Republic of Korea,the Democratic People’s Republic of Korea,and the Pacific Island countries,among other stakeholders.Specifically,this mechanism should consist of three levels:first,the framework of the basic legal system,including the cooperative principles of national sovereignty,interest-relatedness,and procedural fairness,and the signing of the Framework Convention on the Monitoring of Fukushima’s nuclear-contaminated water and its Optional Protocol;second,the organizational structure and its responsibilities,which may include the Conference of Parties as the decision-making body,the Secretariat as the central coordinating body,and the monitoring committees in various fields as specific implementing agencies;and third,specific administrative arrangements,which involve the standardization of monitoring,the management system of monitoring networks and stations,the rules for monitoring procedures,and the rules for the utilization of the monitoring data,etc.With the urgent need for the scientific and fair monitoring of Fukushima’s nuclear-contaminated water,China,as a stakeholder country,can promote the establishment of such a mechanism for monitoring nuclear-contaminated water through the following paths:①It is necessary to clarify the factors affecting the construction of an international cooperation mechanism for monitoring nuclear-contaminated water so as to ascertain the standpoints of the stakeholders,claims of their interests,contents of their cooperation,and the relevant international relations.②On the basis of existing practices,China should consider improving the monitoring mechanism to cope with the risks of the discharge of Fukushima’s nuclear-contaminated water by formulating targeted policies and systems,setting up specialized monitoring institutions,and establishing a systematic monitoring network system.③This is an effective way for China to actively promote the participation of stakeholders in the construction of an international cooperation mechanism for monitoring nuclear-contaminated water in Fukushima by further innovating the dissemination mechanism to address the risk of Fukushima’s nuclear-contaminated water discharging into the sea and facilitating the identification of issues for international cooperation in monitoring Fukushima’s nuclear-contaminated water based on the concept of a community with a shared future for mankind.

Rationale for Banking Regulation

Banking is one of the most heavily regulated sectors across the world. Generally,the public suggests that banks are vital to economic stability. In addition, the development and efficiency of the banking system are significant contributors to overall economic growth. In addition, the article will provide an analysis of the key underlying reasons for the range of regulations that face the banking sector. Last but not the least, the article will concentrate on the four main considerations of the traditional rationale for banking regulation and supervision.

Reforming Financial Regulatory System in China after the Stock Market Turbulence：Problems and the Responses

In an age when modern financial companies have become more and more complex,and if not adequately supervised,they can cause lethal harm to the stability of one's financial system.In post-financial crisis era,major developed economies have apparently reinforced the function of the central bank in a country's financial regulatory system.Over the past several years,China has witnessed the huge changes in the financial sector but the financial regulatory framework remains the same as before.The Chinese stock market crash that began on June 12 2015 has urged the domestic regulators to restructure its financial regulatory system.The issue that which modal China should follow has perplexed Chinese policymakers.The governor of People's Bank of China,Zhou Xiaochuan,clearly responded to the problem concerning the current financial regulatory system,and indicated that Chinese regulators and policymakers had still studied the regulatory approach China would adopt during the press of People's Congress of 2016.This paper reviews the development of China's banking regulatory system points out the deficiencies in its original system and analyzes the recent trends of financial regulatory reform in UK to learn the international experience for further reform regarding financial regulatory system in China.

Study on the Decoupling Indicators between Economic Development and Environmental Pollution

Decoupling theory and application are introduced firstly, and then the status and prospect of decoupling relation between environmental pollution and economic growth are analyzed. Finally, choice criteria and connotation of decoupling indicators are studied.

A CRITIQUE OF THE CRIME OF DELIBERATELY RENDERING AN ARBITRAL AWARD IN VIOLATION OF LAW

The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People＇s Republic of China. Such a crime is likely to be misunderstood because views are sharply divided on its implication and scope of application. In addition, pertinent provisions are not manipulable. The wording of violation of law should not be included in articles of the law, as legalese. The charge is the product of redundant legislation, whose provisions are bound to be considered as pieces of blank paper. The creation of the crime disrespects arbitration, and removes the peculiarities of it. The charge of the crime undermines the profession of international arbitration. Therefore, the crime should be repealed. Where cases were arbitrated wrongly, and social harms were caused, criminal law and other laws would serve as remedies.

Creating an Extraterritorial Application System of Chinese Law: From the Perspective of Advancing the Rule of Law in Domestic and Foreign-Related Affairs in a Coordinated Manner

The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law,as well as between the rule of law in domestic affairs and that in international affairs,providing a bridge for China to build lawbased governance and to reform the global governance system for the new era.The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law.The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations.In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreignrelated affairs,thebuilding ofChina's system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China,with legislative,executive,and judicial authorities performing their respective duties.This building should be based on multilateralism,taking into account the legitimate concerns of other countries,and with the bottom line of not violating the prohibitive provisions of international law,and should be promoted with a balanced approach considering both"offense"and"defense."

“一带一路”建设与国际经贸规则创新和完善

In September and October 2013,Chinese President Xi Jinping successively proposed building the Silk Road Economic Belt and the 21st Century Maritime Silk Road,which were jointly referred to as the Belt and Road Initiative(BRI).In November 2013,the BRI was written into the Decision on Some Major Issues Concerning Comprehensively Deepening the Reform adopted at the 3rd plenary session of the 18th Central Committee of the Communist Party of China(CPC),thus becoming the centerpiece of China’s foreign economic and diplomatic policy.

On Modernization of the Diversified Resolution Mechanism for Civil and Commercial Disputes in China

The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization,in which the modernization of the rule of law is both an integral part and a strong guarantee.Building a modern socialist country in all respects under the rule of law requires attention to the settlement of civil and commercial disputes.The separation of civil society and the political state,along with their mutual influence,has led to the development of diverse dispute-resolution mechanisms.Globalization has further accelerated their development and transformation.In face of the adjustments to the dispute resolution system amid the unprecedented changes of the century,China should complete the top-level design of the diversified settlement of civil and commercial disputes by deploying legislative and judicial resources to enhance the leading role of litigation in resolving these disputes.At the same time,China should continue to prioritize alternative dispute resolution mechanisms,improve the credibility of arbitration,and leverage the aggregating power of mediation,so as to serve the construction of the Chinese path to modernization.

The Governance of Cross-Border Data Flows in Trade Agreements:Is the CPTPP Framework an Ideal Way Out?

The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.

GHGS REGULATION BY AIR POLLUTION PREVENTION AND ENVIRONMENTAL PROTECTION LAW SYSTEM

This paper addresses only one issue： is it possible in China to regulate greenhouse gases （GHGs） emissions in the same way as traditional air pollutants via air pollution prevention laws and relevant environmental protection laws, which is the regulatory approach adopted by Environmental Protection Agency （EPA） of the United States by the use of the Clean Air Act （CAA）.

Challenges and countermeasures for developing countries in addressing loss and damage caused by climate change

Loss and damage caused by extreme climate events have attracted increasing attention.The 28th Conference of the Parties to the United Nations Framework Convention on Climate Change(hereinafter referred to as the Convention)has agreed to adopt Loss and Damage Fund agreement,which identified the source of funding and the funds to be entrusted to the World Bank.However,there is still ambiguous that how to allocate the funds could accelerate the effectiveness of meeting the needs for developing countries.Pre-disaster prevention and preparedness is one of the most effective measures to deal with loss and damage,which closely related to adaptation.Previous studies rarely analyzed quantitatively the financial needs of pre-disaster prevention and preparedness relating to adaptation to reduce loss and damage.Based on the official reports submitted by countries under the Convention,this study analyzes the annual change in the total financial support provided by developed countries to developing countries,the proportion of pre-disaster prevention and preparedness in the adaptation needs of developing countries,and the progress in raising the current annual funding target of 100 billion USD for developed countries,to reveal the financial and technical challenges facing by developing countries on addressing loss and damage.The results show that by 2030,the total adaptation financial needs of developing countries are estimated to be about 3.8 trillion USD,of which pre-disaster prevention matters account for about 9%.Therefore,by 2030,developing countries will need about 342 billion USD in pre-disaster prevention and preparedness finance to withstand loss and damage.In addition,developing countries face a lack of technical methods to quantify information about their needs.Based on the above analysis,this study puts forward countermeasures and suggestions,including strengthening the allocation amount of loss and damage fund on pre-disaster warning,prevention and control actions,and establishing track modalities on the finance provided by developed countries to developing countries based on the principles of the principle of Common but Differentiated Responsibilities and Respective Capabilities(CBDR-RC),to provide favorable guarantee for accelerating the effectiveness of international climate governance.

“一带一路”沿线国家双边投资保护研究

在全球经济日益一体化的时代,尤其是在“一带一路”倡议的背景下,双边投资条约的重要性日益凸显。本文探讨了中国投资者在斯里兰卡实施“一带一路”项目所面临的风险。中国与斯里兰卡于1986年签订的《双边投资协定》缺乏保护中国海外投资的法律框架。随着中国从资本输入大国转变为具有资本输入国和输出国双重身份的国家,有必要考虑续签协定。因此,本文旨在完善《双边投资协定》,通过为中国投资者营造有利环境以对自由贸易协定谈判施加积极影响,从而推进“一带一路”沿线国家的可持续经济合作。

Using Shields as Weapons:Third-Party Funding Assisting China-Related Arbitration under Belt and Road Investment

In the summer of 2017,Hong Kong became the first jurisdiction in China to codify formal financing arbitration and to make it clear that third-party funders with no legitimate interest in the disputes could be allowed to inject capital to support funded parties in arbitration cases.With the latest Code of Practice coming into effect in the spring 2019,Hong Kong is ready to guide the funders in detail on delivering investments into the arbitral procedures in the harbor seat.By examining these legislative processes in Hong Kong,it can be proved that financing arbitration will enable enterprises to dispose of their disputes with easier access to justice,promote the quality and efficiency of dispute resolution,and improve the welfare of society as a whole.Therefore,it is justifiable to adopt third-party funding in China-related arbitration to promote the Chinese mainland's arbitration practices and support the international proceedings involving Chinese parties,particularly the international ones arising from investments related to the Belt and Road Initiative.