Building a Community with a Shared Future for Mankind: International Law-based Principles and Approaches

Building a community with a shared future for mankind is an important guiding principle for China to address foreign affairs in this new era, and its profound connotations echo the spirit of international law. In the context of globalization, the ever-increasing common interests of the international community lay a material basis for building a community with a shared future for mankind. The doctrine of international community orientation, which is based on sovereignty and at the same time transcends sovereignty, forms an ideological basis for building a community with a shared future. Realizing international socialism and striking a balance between formalism and substantial justice is a moral prerequisite for building a community with a shared future. To reduce existing legal obstacles to international communications, the laws of all countries and regions exhibit a tendency towards legal assimilation, which is expected to be a domestic law approach to the building of a community with a shared future for mankind. The establishment of international legal systems and the development of international organizations have vigorously promoted and maintained world peace yet failed to bring about perpetual peace. International law should attach more importance to the facilitation of human inner peace so as to realize perpetual peace. This is a new international law-based approach to the building of a community with a shared future for mankind. China's peaceful rise, which is based on traditional Chinese culture and the basic principles of international law, is China's special contribution to this great cause.

The Application of International Law with Regard to Cyber War in Terms of the Tallinn Manual 2.0

The study of international law and regulation of cyber war in the Tallinn Manual 2.0 is questionable with regard to attribution, the use of force, the exercise of the right of self-defense, the application of the principle of distinction, and even the definition of‘cyber war'. The application of contemporary law of war to cyberspace, including the militarization of cyberspace itself, should be reviewed judiciously. The construction of a cyberspace community with a shared future may be a better way out.

Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn't been embodied as part of international human rights, and thus hasn't made a legal concept in international human right law.

Norms of International Law on Environmental Protection in Wartime: Application and Improvement

The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.

On the “International Law-Based International Order”

In recent years,some countries have advocated a“rules-based international order.”However,they have not explicitly defined the“rules”here as“international law”and thereupon elaborated on their view of the rules for the international order.In fact,a series of legal practices implemented by these countries indicate that what they pursue is largely a view of rules that prioritizes domestic law over international law and regional international law over universal international law,and that politicizes international law.This view of rules undermines the role of international law in the international order and violates the requirements of the times for improving global governance and promoting the establishment of a more just and reasonable international order.To correct the view of rules pursued by these countries through the advocacy of a“rules-based international order,”China proposes an“international law-based international order.”The view of rules embodied in the“international law-based international order”recognizes that international law based and centered on the UN Charter is the authoritative system of rules governing international relations,while not excluding the role in the international order of other rules that do not violate international law.

Sendai Five Years on: Reflections on the Role of International Law in the Creation and Reduction of Disaster Risk

This article offers a critical examination of the position of the Sendai Framework for Disaster Risk Reduction 2015–2030 within international law. It is argued that any interrogation into the relationship between international law and disaster risk reduction(DRR) must begin not with existing DRR laws and policies, but rather with an enquiry into the nature of disaster risk and the role of international law in its creation and reduction. It is demonstrated how, while areas such as international human rights law can be utilized to enforce obligations in support of DRR, other areas—in particular international investment law—actively work to undermine DRR efforts. In order for international law to be a productive tool in the reduction of disaster risk, international lawyers must engage with critical work in disaster studies and explore the role that international law has played, and can play, in creating and addressing hazards, vulnerabilities, and capacities.

The Belt and Road Initiative and International Law:Viewed from the Perspective of the Supply of International Public Goods

The international community is facing the dilemma of an insufficient supply of public goods due to the conjunction of various forces and factors including the profound impact of the economic crisis,increased trade protectionism,changes in the global governance system and the impact of the Covid-19 pandemic.The Belt and Road Initiative(BRI)is a non-rivalrous and non-excludable public good provided to the international community by China as a responsible major country in the new era of historical development.International law has an important role in promoting and guaranteeing the supply of international public goods(IPGs).Since the implementation of the Belt and Road Initiative,the international governance environment has changed dramatically,with the rule of law being the basic premise and important guarantee of the long-term and smooth implementation of the BRI.In pursuing the BRI,buttressed as it is by the rule of law,China should pay attention to diversified governance based on a combination of international soft and hard law and make judicious use of existing bilateral,regional and multilateral international legal mechanisms.In addition,China must also pay close attention to the latest developments in international economic and trade rules and must innovate and improve its ability to supply rules for investment,trade liberalization,etc.Buttressed by international law,the BRI should focus not only on recent concrete initiatives in trade and investment liberalization,but also on the long-term planning and sustainable development of institutional supply,so as to realize the vision and goals of the BRI.

A Reflection on the Human Rights Attitude and International Law Approaches of Iran and Saudi Arabia

Iran and Saudi Arabia are two of the most important countries in the Middle East.Not only do they enjoy the most abundant natural resources,but also have a geopolitical situation that makes their international attitude significant in terms of the East-West politicaleconomic discourse.These features call for an in-depth comprehension of the international as well as human rights approaches of these nation-States.Therefore,this article reviews the foundations of their legal systems,and their contributions to the development of international law and human rights.It concludes that despite few human rights drawbacks in Saudi,its overall contributions to the development of international organisations,peace and security in the region,and human rights law are far greater than those of Iran.But what are the causes of this outcome?To answer this question,establishing a link between national law and international attitude is at stake.This article analyses the constitutional legal foundations that make such a study more interesting.

International Comparative Study on Education Laws of the Persons with Disabilities: An Observation on Regulations on the Education of Persons with Disabilities

The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China.

The Governance of Complementary Global Regimes Dealing With War and Crime:The Interaction Between the United Nations and the International Criminal Court

The establishment of an international judicial institution responsible to verify on a case-by-case basis when serious humanitarian crimes would fall within the competence of domestic judicial authorities,and when an international judiciary would be required is a visible accomplishment advocated for years.The important paradigm shift refers to governing the transitional challenges characterizing massive humanitarian escalations in conflict and post-conflict situations between the responsibility to protect civilians and the fight against the impunity of international crimes.In the current legislation of the UN the civilian protection duties are associated to the maintenance of peace and security and to the right of intervention in the domestic affairs of sovereign States for humanitarian reasons,extending further the reach of a criminal jurisdiction to punish the perpetrators.This has been the case in Darfur,Sudan,and Libya.Both these situations have been referred by the UN Security Council to the International Criminal Court(ICC).From an empirical perspective,it is still not demonstrated whether international criminal justice would have an impact on the maintenance and restoration of international peace and security,while its complementary role with global political regimes is in transition and deserves attention.The questions arising are as follow:how to rely on international criminal justice for the preservation,maintenance,and restoration of peace and security in extreme conflict zones,without solving the governance gaps during mass atrocity escalations characterized by jurisdictional referrals?Is this realistic considering the traditional concept of international security relying on old models of militarization,such as in the case of Libya?Are there political and strategic reasons for a postponement of accountability during such humanitarian interventions?In short,what kind of public authority is desired for the emerging regime of international criminal justice,and how would such tool function in the complexity of international governance?

China Academy of Arbitration Law First Publishes China International Commercial Arbitration Annual Report

At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Annual Report (2014).This is the first report released

Judicial Application of International Human Rights Treaties in China

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.

The Concept of Human Rights in the Constitution and Its Functional Significance

To practice the constitutional provision that “The state respects and protects human rights”, we should clarify its connotation. The understanding of human rights is a natural requirement and the key. In domestic academia, human rights are considered natural rights and interpreted as “moral rights that everyone should enjoy as a human being”, hoping to provide theoretical support for the development of the system centered on the basic rights of citizens in China.Although it reveals the universal moral connotation of human rights, it does not cover the normative connotation of human rights as common international standards. Therefore, it is impossible to fully clarify the functional significance of the provision. It is conducive to scientifically clarifying the relationship between human rights and basic civil rights,better improving the institutional protection of human rights in China,and promoting the building of a community with a shared future for mankind to interpret human rights as common international standards that everyone should enjoy for human dignity based on the development of the international legal order under the Charter of the United Nations since the end of the World War Ⅱ.

The Challenges Posed by Autonomous Weapon Systems to Human Rights and Humanitarian Concerns and Relevant Legal Responses

By 2050,autonomous weapon systems may potentially replace humans as the main force on the battlefield,as per predictions.The development of autonomous weapon systems poses risks to human rights and humanitarian concerns and raises questions about how international law should regulate new technologies.From the perspectives of international human rights law and international humanitarian law,autonomous weapon systems present serious challenges in terms of invasiveness,indiscriminate killing,cruelty,and loss of control,which impact human rights and humanitarian principles.Against the backdrop of increased attention to the protection of human rights in China,it is necessary to clarify the existing regulatory framework and fundamental stance regarding autonomous weapon systems and proactively consider and propose countermeasures to address the risks associated with such systems.This will help prevent human rights and humanitarian violations and advance the timely resolution of this issue,which affects the future and destiny of humanity,ultimately achieving the noble goal of universal enjoyment of human rights.

Quantifying and Simplifying the 1997 UNWC’s Guidelines to Mitigate Hegemony in Transboundary Watercourse Negotiations

The 1997 United Nations Convention on the Law of the Non-navigational Uses of International Watercourses (UNWC) contains a negotiation framework for transboundary water rights. However, it is a subjective document open to a wide range of possibilities and interpretations. Water Rights Allocations (WRAs) as described by Dinar and Nigatu (2013) and Dinar and Tsur (2017) provide a limited number of quantifiable allocation possibilities based on the UNWC. It is suggested that this methodology streamlines the negotiation process and reduces the effects of hydro hegemony. These methodologies are explored and applied through a case study on the Orontes River Basin.

《万国公法》翻译底本问题新探

美国法学家亨利·惠顿所著Elements of International Law一书,自1836年出版后,受到学界好评,该书以多种语言在许多国家出版。1864年,在清朝官员的帮助下,中文版《万国公法》得以问世,翻译者为美国传教士丁韪良。围绕《万国公法》的翻译底本,学界聚讼不已,文章以历史史料为基础,认为其翻译底本应为1855年波士顿版或者1857年重印本。

国外同性婚姻在我国的法律适用问题

法律界和医学界对待同性恋的立场经历了宽容、视为罪孽、视为病态、视为正常的历史演变。世界上已经有越来越多的国家和地区立法认可同性恋和同性婚姻。目前我国不承认同性婚姻,法院在审理国外同性婚姻所涉及的案件时对其均以公共秩序保留予以排除。实践证明,完全否认国外同性婚姻的域外效力会导致诸多不良后果,特别是依附该关系而成立的其他民事权益将无法保护。国外同性婚姻在我国的法律适用方面的立法尚属空白,我国应该借鉴国外经验并加快立法构建。

The Rule of Law in Foreign-Related Affairs in Building China into a Great Modern Country

The call to advance the rule of law in foreign-related affairs is an important component of China's strategic move to a great modern country.In modern times,Western countries have applied rule of law practices in their modernization,demonstrating the values of a sound rule of law system for national strength.In particular,the rule of law,extended beyond national borders,provides a crucial guarantee for a great modern country's sustained,stable,and healthy path,and is also a clear symbol of a country's soft power.As China is progressing to become a great modern country,there is a need to pay a particularly close attention to the rule of law,actively promoting the legalization of foreign-related work.China's stance on the rule of law in foreign-related affairs should include both a principle of defending its core interests and a principle of advocating shared values and of promoting mutually beneficial cooperation.In the context of this era,China's international law professional community should delve into appropriate models that can facilitate smooth progress on the path to modernization,further enhancing the rule of law in China and the successful emergence of a great modern country.

Global Governance in Cyberspace: Process,Conflict and China’s Proposals

In recent years,problems such as cyber warfares,cyber espionages and cyber crimes have become global public nuisances and always challenge the authority of the sovereign states. Therefore,the governance of the derivative problems concerning the global cyberspace has become an issue of importance in the international law. To overcome these challenges,sovereign states begin to get involved in cyberspace and seek international cooperation,so as to promote the evolution of the international rule of law in cyberspace. Currently,the cyberspace is filled with contradictions and conflicts. The cyber hegemonic states monopolize basic resources for cyberspaces,and their liberalism of double standards is the best tool to maintain their centralized and dominant situations. Moreover,the differences on governance problems between different camps leads to the significant institutional supply shortage. Accordingly,as a responsible power,China should advocate the Chinese solution and wisdom so as to create the reform of global cyberspace governance system. Possible specific measures include clarifying the governance structure of sovereign state-orientation,adhering to the model of shared governance with multilateral approach and multi-party participation.

Legal Guarantee for the Elderly’s Right to Work——A Comparative Analysis Based on Age Discrimination in the Employment Act

In the context of the deepening of the population aging,many countries have begun to rectify age discrimination in labor and employment to ensure that the elderly enjoy equal and adequate right to work.In accordance with relevant laws and regulations,the legal norms of age discrimination in employment are highly similar in different countries.Yet,there are differences in exemption clauses and legal relief.So far,three major regulatory modes have taken shape respectively in the United States,europe and Japan.China still lags behind in legislation against age discrimination in employment,so extraterritorial governance experiences should be taken for reference to promote relevant legislation based on intergenerational solidarity and cooperation in a timely manner,so as to provide a legal guarantee for the elderly on the right to work and the handling of population aging.China should also use human rights discourse to summarize and express its own solutions and take an active part in the process of signing the international instruments on human rights specialized for the elderly.