On the Principle of Consistency of Rights and Obligations in the Constitution of PRC

“The Fundamental Rights and obligations of Citizens”, the title of Chapter II of the current Constitution of PRC, and the stipulation that citizens must fulfill certain obligations while enjoying rights have triggered many debates. Considering the historical origin, constitutional philosophy, and the text and structure of the Constitution, the special provisions of the current Constitution are influenced by the principle of consistency of rights and obligations. The principle of consistency of rights and obligations in the Constitution is of complex connotation. Therefore, although the principle of consistency of rights and obligations effectively connects the public and private spheres, it ignores the diversity and differences of the interests and elements contained in the Constitution, the asymmetry of the normative status of fundamental rights and fundamental obligations,and the right of citizens to self-determination of personal interests.The principle of consistency of rights and obligations should be purposefully narrowed and concretized: In the context of public-private integration and risk society prevention, the principle of consistency of rights and obligations can be used as a supplement to the functional system of the Constitution;in the field of fundamental political obligations, the principle of consistency of rights and obligations should be in line with the requirements of the state to respect and protect human rights;in the field of fundamental social obligations, the exercise of fundamental rights by individuals is protected by the Constitution as long as they comply with the law and do not infringe upon the interests of the social community. The principle of the consistency of rights and obligations is only used as the negative constituents of the determination of rights and the basis for the effect against a third party of fundamental rights.

A Review of Shipowner＇s ＆ Charterer＇s Obligations in Various Types of Charter

The charterparty is a legal contract of employing a vessel. In shipping matters, it is a highly important document since it allocates obligations, rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, namely, the shipowner and the charterer. The interpretation of the above mentioned matters, as well as the understanding of charterparty terms, is considered of critical importance in chartering practice. Therefore, this paper constitutes a review of the most important aspects arising from charterparties in the main types of charter. The present study is based on shipping practices followed in accordance with the English Common Law throughout the chartering process （pre-fixture, fixture, execution of the charter, post fixture）. This is a synopsis about the distribution of the liabilities and expenses between the shipowner and the charterer in the most representative types of charter. The analysis is seen from a commercial stand point. Therefore, it is mostly addressed to the shipping practitioners, maritime economists, academics, students and researchers who seek to form a comprehensive view on the subject. It may also form a basis for further study on chartering aspects （legal, economic, managerial and practical）.

Extraterritorial Application of International Human Rights Conventions——From the Perspective of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations

The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.

Structural jump-diffusion model for pricing collateralized debt obligations tranches

This paper considers the pricing problem of collateralized debt obligations tranches under a structural jump-diffusion model, where the asset value of each reference entity is generated by a geometric Brownian motion and jump with an asymmetric double exponential distribution. Conditioned on the common factor of individual entity, this paper gets the conditional distribution, and further obtains the loss distribution of the whole reference portfolio. Based on the semi-analytic approach, the fair spreads of collateralized debt obligations tranches, i.e., the prices of collateralized debt obligations tranches, are derived.

A Study of International Arbitrators' Substantive Ethical Obligations and Chinese Strategies

The increased complexity and scales of international arbitration cases require a larger roster of righteous and experienced international arbitrators. The difficulty to define ethics or ethical obligation in the area of international arbitration has caused increased discussion and confusion. As a result,the tendency towards codification of ethical obligations would provide a more precise and practical mean to regulate arbitrators' behavior. The legal sources of ethical obligations of international arbitrators contain international conventions,national laws,arbitral institutions' rules as well as institutional codes of ethics. The main substantive ethical obligations include disclosing,investigating,conducting the arbitration in accordance with the arbitration agreement,maintaining confidentiality,being competent and diligent. Chinese authorities and foreign-related arbitral institutions should enhance the codification and uniformity of the international arbitrators' ethical obligations. The relevant strategies for revising the Arbitration Lawand arbitrators' ethical codes,unifying the foreign-related arbitration institution ethical rules and joining the harmonious progress of international arbitration should be considered correspondingly.

Filial Support Obligations under Singapore,United States,and Chinese Law:A Comparative Study

The increase in aging populations is one of the most important issues facing the world today.This article considers how the legal systems in three jurisdictions-China,Singapore,and the United States-with different legal,political,and ethical regimes,impose and then enforce obligations on adult children to care for their parents.For Singapore,this article considers the content and operation of the Maintenance of Parents Act 1996 and the use of mediation and tribunals for the enforcement of its provisions.For the United States,where more than half the states have some forms of filial support legislation,this article mainly focuses on the experience in Pennsylvania and North and South Dakota and considers cases interpreting the legislation from these states;it also considers the interplay between the legislation and federal social security and healthcare programs.For China,this article mainly considers the obligations imposed by the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly(amended in 2009,2012,2015 and 2018)with examples of recent cases decided in 2017 and the encouragement given to children to support their parents through two agreements(the Separation of Family Assets and the Family Support Agreement)and increased inheritance rights under the Law of Succession 1985.China is unusual in imposing a legal obligation on children to visit their elderly parents,and the article considers recent cases on this.Through a comparative approach,this article also assesses the strengths and weaknesses of the approaches in each jurisdiction.

Obligation-based Theory vs.Right-based Theory:Confrontation of Ideas Between Warrender and Strauss

There is a transition from the objective laws or moral orders that precede human will in classical natural law to the subjective demands or rights emanating from human will in modern natural law,and it represents a historical debate on the shift from an obligation-based theory to a right-based theory.Strauss,within the context of this transition across time,assesses Thomas Hobbes's philosophy of law and recognizes him as the founder of modern natural rights theory.Using Wesley Newcomb Hohfeld's analysis of jurisprudence,Howard Warrender assesses the privilege nature of Hobbes's concept of natural rights and concludes that,since Hohfeld's privilege is the opposite of obligation and related to no-right,obligations cannot be derived from natural rights.Therefore,Warrender argues that Strauss's assertion requires correction.However,Warrender places excessive emphasis on Hohfeld's static separation of the concept of privilege within his theoretical system,overlooking the dynamic transformation from privilege to claim rights.In this regard,Hobbesian scholar Carlan's criticism of Warrender is valid.Meanwhile,Warrender's research holds theoretical significance in that he,under the premise of being a part of Hobbes'natural law tradition,transforms Hohfeld's flat,two-party legal rights relationships into a three-party legal rights structure,which could represent a potential innovation in the 20^(th)century legal philosophy.

New Developments and Challenges in the UN Norms on Human Rights Responsibilities of Transnational Corporations

With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.

The Convention on the Elimination of All Forms of Discrimination against Women and China's Actions

Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Elimination of All Forms of Discrimination Against Women adopted by the U.N. General Assembly is a most significant and most comprehensive legal document concerning the protection of human rights of women, which is called "The Charter of the Human Rights of Women." This thesis reviews the achievements and problems in the fulfillment by the Chinese government of obligations under the Convention after signing and ratifying it; and also puts forward some feasible approaches for improvement thereof.

The HIV Infection: Clarification of Its Legal Classification of Transmission and Measures to Protect Societies from Burdening Caused by Social and Medical Care Services for the Coming Decades

This article addresses issues regarding the transmission of HIV;without the combination antiretroviral treatment (cART), HIV causes a fatal outcome of those infected in most cases. First, legal issues: For years, controversial discussions have dealt with the subject of the legal classification of HIV infection, such as “… criminalization of HIV exposure might limit access to and uptake of HIV prevention services…” Based on the rule of law of a constitutional state, we explain the legal principles that serve to protect the legal rights of its citizens. The state has to protect its citizens from harm by other people. The prosecution and conviction of a specific person for a proven HIV infection are legal. Therefore, general decriminalization of HIV infection would undermine the right of thereby harmed citizens to compensation. Second, HIV prevention strategies: Based on the Test and Treatment Strategy (TASP)1, controlled studies were undertaken to find out which framework conditions could improve their benefit. We outline concepts that can help to curb the still ongoing spread of HIV: By providing early HIV diagnosis and ongoing HIV care services as part of updated education and prevention campaigns. Also, concerted, comprehensive campaigns are required to demonstrate further impacts of HIV infection: Both on the quality of life of infected individuals due to the development of non-communicable diseases and the increasing burden to societies as a whole.

On the Mechanism of CDOs behind the Current Financial Crisis and Mathematical Modeling with Levy Distributions

This paper aims to reveal the mechanism of Collateralized Debt Obligations (CDOs) and how CDOs extend the current global financial crisis. We first introduce the concept of CDOs and give a brief account of the de-velopment of CDOs. We then explicate the mechanism of CDOs within a concrete example with mortgage deals and we outline the evolution of the current financial crisis. Based on our overview of pricing CDOs in various existing random models, we propose an idea of modeling the random phenomenon with the feature of heavy tail dependence for possible implements towards a new random modeling for CDOs.

Is Anarchism Inevitable？ A Critique of Simmons＇ Treatment of Natural Duty Accounts of Political Obligation

Are citizens morally obligated to obey and support their states？ ＂Political Obligations and Authority＂ is perhaps A. John Simmons＇ most comprehensive summary of his mature views on this enduring philosophical problem. In this essay, Simmons critically engages Plato＇s dialogue Crito and culls from it three types of strategies for justifying political obligations： natural duty, associative, and transactional. Simmons argues that natural duty accounts are inherently incapable of providing moral grounding for political obligations, disqualifies both associative and transactional accounts on empirical grounds, and settles for a form of anarchism. I argue, assuming as Simmons does in this essay that natural duties imply obligations of support and obedience to political institutions, that the natural duty strategy promises to provide an escape route out of anarchism.

Extending Auditing Models to Correspond with Clients’ Needs in Cloud Environments

The user control over the life cycle of data is of an extreme importance in clouds in order to determine whether the service provider adheres to the client’s pre-specified needs in the contract between them or not, significant clients concerns raise on some aspects like social, location and the laws to which the data are subject to. The problem is even magnified more with the lack of transparency by Cloud Service Providers (CSPs). Auditing and compliance enforcement introduce different set of challenges in cloud computing that are not yet resolved. In this paper, a conducted questionnaire showed that the data owners have real concerns about not just the secrecy and integrity of their data in cloud environment, but also for spatial, temporal, and legal issues related to their data especially for sensitive or personal data. The questionnaire results show the importance for the data owners to address mainly three major issues: Their ability to continue the work, the secrecy and integrity of their data, and the spatial, legal, temporal constraints related to their data. Although a good volume of work was dedicated for auditing in the literature, only little work was dedicated to the fulfillment of the contractual obligations of the CSPs. The paper contributes to knowledge by proposing an extension to the auditing models to include the fulfillment of contractual obligations aspects beside the important aspects of secrecy and integrity of client’s data.

A Study on the Legal Status of Procurement Service Providers on WeChat and Related Legal Regulations

In modern society, online shopping on behalf of others has become a trendy pattern of consumption and particularly the overseas purchasing on WeChat has blossomed like a raging fire. However, this low-cost and unsupervised purchasing pattern has brought countless con？ icts between consumers and procurement service providers. As a consequence, based on the sales pattern on WeChat overseas purchasing, this paperdelivers a classifled discussion about the legal relationship between the procurement service provider and other subjects in the overseas purchasing process, in order to further explore the legal obligations undertaken by the procurement service provider. Besides, this paper also digs deep into the reasons for drawbacks of the WeChat sales pattern, in the hope to standardize the trading mode of WeChat overseas purchasing.

The Whaling in the Antarctic Case, Applying the International Convention for the Regulation of Whaling as a Self-contained Regime

The Whaling in the Antarctic Case (Australia v. Japan: New Zealand intervening) decided by the International Court of Justice (hereinafter "ICJ" or "the Court") on 31 March 2014 dealt with the interpretation of specific provisions of the 1946 International Convention for the Regulation of Whaling (ICRW), in particular Article VIII.1, and its complementary instruments, i.e., the Schedule and the Annexes of the International Whaling Commission Scientific Committee. The decision of the Court was a remarkable good one. However, its rigorous reasoning focused almost exclusively on the required purpose of "scientific research" of the JARPA II Programme1 permits as set out in the ICRW, approaching the convention as an autonomous self-contained regime which leaves aside other additional grounds. Nonetheless, it would be beneficial for further jurisdictional developments to strengthen the scope of the ICWR system with the applicable provisions of the United Nations Convention on the Law of the Sea (UNCLOS) and other treaties and institutions impinging on whales and whaling, e.g., CITES, Bonn Convention, Antarctic Treaty System, among others. The query remains concerning the unexplored sources of international law ruling Antarctic spaces and species which are absent in the judgment of the Court but may allow an evolutive interpretation of the ICRW.

The Implications of Sports Rights in Building a Leading Sports Nation

As a basic human right,sports rights are increasingly recognized by the international community.The national legislation and strategic plan for building China into a leading sports nation have contributed to forming a multi-field and all-round sports rights protection system.From the perspective of proactive rights and passive rights,sports rights include the freedom to choose free from illegal interference and reflect the social rights for which the state will guarantee the resources.From the perspective of basic rights and ordinary rights,the right to equal participation,the right to sports health,and the right to education constitute the main content of sports rights as a basic right,and the right to sports culture is the concentrated expression of ordinary rights.From the perspective of individual rights and collective rights,the right to sports achievement is a concentrated reflection of the former.Meanwhile,the latter covers the protection of sports rights of vulnerable groups and the balanced development of regional sports.The strategic plan for building a leading sports nation has further clarified China’s basic obligation in safeguarding sports rights in terms of legislative policy planning,financial support,life-cycle services,sustainable development,playing the role of stakeholders and strengthening sports cooperation with other countries and regions,including Hong Kong,Macao and Taiwan.

Sharing experiences from a reference laboratory in the public health response for Ebola viral disease, MERS-CoV and H7N9 influenza virus investigations

The International Health Regulations was enforced in June 2007,emphasizing the obligation of State Parties to detect,report,and respond to public health emergencies[1].An effective public health response requires a coordinated laboratory response in the Ministry of Health(MOH)network with credible laboratories capable of providing accurate and reliable results in a timely manner to enable effective public health measures

Papaya Ring Spot Virus:An Understanding of a Severe Positive-Sense Single Stranded RNA Viral Disease and Its Management

Viral diseases have been studied in-depth for reducing quality,yield,health and longevity of the fruit,to highlight the economic losses.Positive-sense single-stranded RNA viruses are more devastating among all viruses that infect fruit trees.One of the best examples is papaya ringspot virus(PRSV).It belongs to the genus Potyvirus and it is limited to cause diseases on the family Chenopodiaceae,Cucurbitaceae and Caricaceae.This virus has a serious threat to the production of papaya,which is famous for its high nutritional and pharmaceutical values.The plant parts such as leaves,latex,seeds,fruits,bark,peel and roots may contain the biological compound that can be isolated and used in pharmaceutical industries as a disease control.Viral disease symptoms consist of vein clearing and yellowing of young leaves.Distinctive ring spot patterns with concentric rings and spots on fruit reduce its quality and taste.The virus has two major strains P and W.The former cause disease in papaya and cucurbits while the later one in papaya.Virion comprises 94.4%protein,including a 36 kDa coat protein which is a component responsible for a non-persistent transmission through aphids,and 5.5%nucleic acid.Cross protection,development of transgenic crops,exploring the resistant sources and induction of pathogen derived resistance have been recorded as effective management of PRSV.Along with these practices reduced aphid population through insecticides and plant extracts have been found ecofriendly approaches to minimize the disease incidence.Adoption of transgenic crops is a big challenge for the success of disease resistant papaya crops.The aim of this review is to understand the genomic nature of PRSV,detection methods and the different advanced control methods.This review article will be helpful in developing the best management strategies for controlling PRSV.

现金为王——美国银行破产浪潮借鉴与思考

银行是国民经济的命脉，资金是企业生存发展的血液。在一定意义上说，保银行就是保经济健康发展，银行出了问题，受害不仅是银行，而是关系到国家利益、人民利益。2008年，随着越来越多的美国银行破产倒闭，国际银行业在次贷危机的冲击下，无疑正面临着动荡的困境。本文以雷曼兄弟投资银行为例，分析了此次危机下美国银行破产的动因及其原理。反思美国的金融危机，得出对于高速发展中的中国金融业来说，只有保持市场稳定才是最理想的选择。