This article briefly outlines how anti-terrorism struggles became linked and their relationship thereafter with human rights issues in international political life. With equal relevance and value to human development,...This article briefly outlines how anti-terrorism struggles became linked and their relationship thereafter with human rights issues in international political life. With equal relevance and value to human development, anti-terrorism efforts and human rights protection are themselves not mutually exclusive or contradictory. Their conflict in everyday life has sometimes resulted from the fact that they are both manipulated in the service of certain political ends. What's more, there has never been p erfect human rights protection in the world so far, which often makes human rights problems an easy charge against almost every government. No anti-terrorist activities in either the US or Europe have been really constrained by the idea of human rights no matter how beautiful their rhetoric has been. Now both human rights and anti-terrorism have been made into a tool of diplomacy and international politics. With the war in Afghanistan over, the United States is enhancing its human rights diplomacy together with its anti-terrorism diplomacy. Truly efficient, comprehensive international cooperation on anti-terrorism is still far away.展开更多
Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscur...Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.展开更多
With the acceleration of the process of globalization and the more important role China is playing on international stage,both our economic systems and our notions of right and system of law should and had to be impro...With the acceleration of the process of globalization and the more important role China is playing on international stage,both our economic systems and our notions of right and system of law should and had to be improved to attune to new conditions.In this process,many laws and customs including international treaties need to be translated from English to Chinese to make it convenient for scholars,researchers and legal workers and practitioners in law to study and practice.However,theoretical research on legal translation,especially from the perspective of standards of the translation of treaties,still lags behind.展开更多
The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe.With the changes of the times,the content and way of international communication regarding the rule...The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe.With the changes of the times,the content and way of international communication regarding the rule of law are changing constantly.In the era of globalization,countries have strengthened rational communication and dialogue mainly by concluding international treaties to convey the concept of the rule of law.For the international communication of the rule of law,it is necessary to take into account three elements:Subject,content,and audience.Targeted strategies are adopted to present the characteristics of diversified subjects,rich content,and stratified audience.The agenda-setting,spiral of silence,and cultivation theories provide positive guidance for international communication.The audience survey and content analysis methods can achieve good effects in spreading the rule of law.It is necessary to integrate multiple subjects,create rich content,carry out targeted strategies to different audience,underscore the evaluation of effects,and train talents to strengthen the international communication of the rule of law.展开更多
International Polar Years,which have been held four times,have greatly promoted human understanding of the polar regions.The development of the International Polar Years has the following features:increasing interdisc...International Polar Years,which have been held four times,have greatly promoted human understanding of the polar regions.The development of the International Polar Years has the following features:increasing interdisciplinary trend;importance of international organizations in initiating and participating in projects;and science diplomacy playing an important role in promoting cooperation and resolving differences.China was highly involved in the fourth International Polar Year in 2007-08,and the PANDA project which as a China-led international project marked a gradual shift in China’s polar activities.China could play a bigger role in the fifth International Polar Year,including the following:initiating a new International Polar Year;initiating more international projects;promoting international organizations;actively conducting science diplomacy;and publicizing its polar activities in different ways.展开更多
Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 19...Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.展开更多
The 1951 San Francisco Peace Treaty was the one and only international opportunity that would have allowed demanding for Japan’s responsibility of the colonization of Korea.However,the United States did not demand of...The 1951 San Francisco Peace Treaty was the one and only international opportunity that would have allowed demanding for Japan’s responsibility of the colonization of Korea.However,the United States did not demand of such to be done.Soon,Korea and Japan resumed their diplomatic relationship and had their first summit in 1952.After numerous negotiations,finally in 1965,the“Korea-Japan Treaty”was agreed upon.Even in this treaty,the interpretation of the colonization was different for both countries and ultimately resulted as an unresolved issue.This is because of the Japanese dependence to the San Francisco Peace Treaty.On the other hand,the League of Nations,founded in 1920,believed that the systematization of international law was vital to keeping international peace.Therefore,they put much effort in and successfully carried out the codification of international law.The“Report on the law of Treaties”which was completed in 1935,noted that the“1905 Protectorate Treaty”,which was the ultimate treaty that led to Korea being annexed by the Japanese,was one of the three treaties that had no effective standing.This decision was carried out to the International Law Commission of the United Nations in 1963 and became a Resolution after being submitted to the General Assembly in the end of the same year.Using the decisions of the League of Nations and the United Nations as evidence,this paper critically reviews the San Francisco Peace Treaty’s lack of reviewing the Japanese responsibility of the colonization of Korea.展开更多
文摘This article briefly outlines how anti-terrorism struggles became linked and their relationship thereafter with human rights issues in international political life. With equal relevance and value to human development, anti-terrorism efforts and human rights protection are themselves not mutually exclusive or contradictory. Their conflict in everyday life has sometimes resulted from the fact that they are both manipulated in the service of certain political ends. What's more, there has never been p erfect human rights protection in the world so far, which often makes human rights problems an easy charge against almost every government. No anti-terrorist activities in either the US or Europe have been really constrained by the idea of human rights no matter how beautiful their rhetoric has been. Now both human rights and anti-terrorism have been made into a tool of diplomacy and international politics. With the war in Afghanistan over, the United States is enhancing its human rights diplomacy together with its anti-terrorism diplomacy. Truly efficient, comprehensive international cooperation on anti-terrorism is still far away.
基金a staged achievement of the National Social Science Foundation Projects Research on the Legal Status and Institutional Design of International Treaties in China’s Legal System(Project Number:14BFX186)
文摘Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.
文摘With the acceleration of the process of globalization and the more important role China is playing on international stage,both our economic systems and our notions of right and system of law should and had to be improved to attune to new conditions.In this process,many laws and customs including international treaties need to be translated from English to Chinese to make it convenient for scholars,researchers and legal workers and practitioners in law to study and practice.However,theoretical research on legal translation,especially from the perspective of standards of the translation of treaties,still lags behind.
文摘The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe.With the changes of the times,the content and way of international communication regarding the rule of law are changing constantly.In the era of globalization,countries have strengthened rational communication and dialogue mainly by concluding international treaties to convey the concept of the rule of law.For the international communication of the rule of law,it is necessary to take into account three elements:Subject,content,and audience.Targeted strategies are adopted to present the characteristics of diversified subjects,rich content,and stratified audience.The agenda-setting,spiral of silence,and cultivation theories provide positive guidance for international communication.The audience survey and content analysis methods can achieve good effects in spreading the rule of law.It is necessary to integrate multiple subjects,create rich content,carry out targeted strategies to different audience,underscore the evaluation of effects,and train talents to strengthen the international communication of the rule of law.
基金supported by the China Oceanic Development Foundation and the Academy of Ocean of China(Grant no.CODF-AOC202109).
文摘International Polar Years,which have been held four times,have greatly promoted human understanding of the polar regions.The development of the International Polar Years has the following features:increasing interdisciplinary trend;importance of international organizations in initiating and participating in projects;and science diplomacy playing an important role in promoting cooperation and resolving differences.China was highly involved in the fourth International Polar Year in 2007-08,and the PANDA project which as a China-led international project marked a gradual shift in China’s polar activities.China could play a bigger role in the fifth International Polar Year,including the following:initiating a new International Polar Year;initiating more international projects;promoting international organizations;actively conducting science diplomacy;and publicizing its polar activities in different ways.
文摘Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.
文摘The 1951 San Francisco Peace Treaty was the one and only international opportunity that would have allowed demanding for Japan’s responsibility of the colonization of Korea.However,the United States did not demand of such to be done.Soon,Korea and Japan resumed their diplomatic relationship and had their first summit in 1952.After numerous negotiations,finally in 1965,the“Korea-Japan Treaty”was agreed upon.Even in this treaty,the interpretation of the colonization was different for both countries and ultimately resulted as an unresolved issue.This is because of the Japanese dependence to the San Francisco Peace Treaty.On the other hand,the League of Nations,founded in 1920,believed that the systematization of international law was vital to keeping international peace.Therefore,they put much effort in and successfully carried out the codification of international law.The“Report on the law of Treaties”which was completed in 1935,noted that the“1905 Protectorate Treaty”,which was the ultimate treaty that led to Korea being annexed by the Japanese,was one of the three treaties that had no effective standing.This decision was carried out to the International Law Commission of the United Nations in 1963 and became a Resolution after being submitted to the General Assembly in the end of the same year.Using the decisions of the League of Nations and the United Nations as evidence,this paper critically reviews the San Francisco Peace Treaty’s lack of reviewing the Japanese responsibility of the colonization of Korea.
