The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of ...The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of a dispute prevention and resolution framework for the GloBE rules faces significant challenges.This article offers two possible options for an effective dispute prevention and resolution mechanism:a model based on reciprocal domestic legislations and the multilateral convention model.展开更多
Lawyers' participation in political life marks the maturity of a country's rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes b...Lawyers' participation in political life marks the maturity of a country's rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes beyond their role in dealing with individual cases. The legal profession functions in a variety of ways: participating in legislation and promoting legal progress; assuming responsibilities in government departments; influencing the formulation and implementation of just policies; acting as a bridge between the government and the public; responding to the claims of different interest groups; etc. At the same time, the legal profession has some negative impacts on the rule of law, as evidenced in the infiltration of commercialism into the profession, giving absolute priority to clients' interests, and excessive litigation. To keep these downsides under control, we need a legal culture and institutional basis that are a good fit with the rule of law. It is also necessary to update traditional mindsets, adopt rights-based standards, uphold the supremacy of the law, and promote the formation of a legal community.展开更多
文摘The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of a dispute prevention and resolution framework for the GloBE rules faces significant challenges.This article offers two possible options for an effective dispute prevention and resolution mechanism:a model based on reciprocal domestic legislations and the multilateral convention model.
文摘Lawyers' participation in political life marks the maturity of a country's rule of law. Lawyers are well equipped to be engaged in public affairs, and should play a significant role in dispute resolution that goes beyond their role in dealing with individual cases. The legal profession functions in a variety of ways: participating in legislation and promoting legal progress; assuming responsibilities in government departments; influencing the formulation and implementation of just policies; acting as a bridge between the government and the public; responding to the claims of different interest groups; etc. At the same time, the legal profession has some negative impacts on the rule of law, as evidenced in the infiltration of commercialism into the profession, giving absolute priority to clients' interests, and excessive litigation. To keep these downsides under control, we need a legal culture and institutional basis that are a good fit with the rule of law. It is also necessary to update traditional mindsets, adopt rights-based standards, uphold the supremacy of the law, and promote the formation of a legal community.