On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission

The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council

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.

Human Rights Education in the Perspective of International Human Rights Law

In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of ＂human rights for all,＂ as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.

The Physical Laws and Mathematical Axioms of the Brain’s OS and the Traditional Fundamental Laws of Thought of Logic and Philosophy

This article presents four (4) additions to a book on the brain’s OS published by SciRP in 2015 [1]. It is a kind of appendix to the book. Some familiarity with the earlier book is presupposed. The book itself proposes a complete physical and mathematical blueprint of the brain’s OS. A first addition to the book (see Chapters 5 to 10 below) concerns the relation between the afore-mentioned blueprint and the more than 2000-year-old so-called fundamental laws of thought of logic and philosophy, which came to be viewed as being three (3) in number, namely the laws of 1) Identity, 2) Contradiction, and 3) the Excluded Middle. The blueprint and the laws cannot both be the final foundation of the brain’s OS. The design of the present paper is to interpret the laws in strictly mathematical terms in light of the blueprint. This addition constitutes the bulk of the present article. Chapters 5 to 8 set the stage. Chapters 9 and 10 present a detailed mathematical analysis of the laws. A second addition to the book (Chapter 11) concerns the distinction between the laws and the axioms of the brain’s OS. Laws are part of physics. Axioms are part of mathematics. Since the theory of the brain’s OS involves both physics and mathematics, it exhibits both laws and axioms. A third addition (Chapter 12) to the book involves an additional flavor of digitality in the brain’s OS. In the book, there are five (5). But brain chemistry requires a sixth. It will be called Existence Digitality. A fourth addition (Chapter 13) concerns reflections on the role of imagination in theories of physics in light of the ignorance of deeper causes. Chapters 1 to 4 present preliminary matter, for the most part a brief survey of general concepts derived from what is in the book [1]. Some historical notes are gathered at the end in Chapter 14.

International Law on Liability and Compensation in the Offshore Oil ＆ Gas Industry

Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and can cover a vast geographical area. As such, it raises the question as to whether liability and compensation in oil ＆ gas related incidents should be covered under international law. Current international legislation addresses the issue mainly in terms of shipping. This paper attempts to shed light on the topic in relation to oil and gas exploration whilst investigating notable events in the UK and the USA. The findings show that domestic laws of these countries cover the matter sufficiently. However, the question of whether the regulation should fall under international regulation can unfortunately not be answered with confidence as it would require a test-case of a situation where an oil spill affects multiple littoral states.

Vietnamese State Budget Accounting With the Relationships Between the State Budget Law and International Public Sector Accounting Standards （IPSAS）＊ Pham Quang Huy University of Economics, Ho Chi Minh City, Vietnam

For a long time, Vietnam has modifications in all aspects in the society. For many years, Vietnam has improved features in administrative works as well as in different areas, such as public administration, finance, and accounting In the accounting content, budget accounting is an important thing which is worth noting. However, along with the achievements, Vietnam is also facing a number of limitations to be overcome for ensuring transparency in the state budget. Since then, the main purpose of the article is to provide a general picture of budget accounting in Vietnam and what has not been done through finding the relationships with budget regulations and international public sector accounting. The results showed that Vietnam will transform and issue the new law on budget and build up a new model for controlling information published by data accounting system in the future.

One Belt And One Road Policy from the Perspective of International Law

"One Belt And One Road" is a major initiative put forward by China in the new historical period in accordance with the new development and changes in the international and domestic situation, and has been praised internationally. This paper makes an in-depth analysis of One Belt And One Road from the perspective of international law. Starting from the relationship between international law and One Belt And One Road, it explores the purpose, approach and existing realistic dilemma of One Belt And One Road from the perspective of international law, in order to put forward some useful insights for the rapid promotion of One Belt And One Road in China.

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.

Modernization of International Humanitarian Law——The Origins and Evolution of the 1977 Additional Protocols to the 1949 Geneva Conventions

Regional wars and internal armed conflicts after the conclusion of the 1949 geneva conventions have presented new challenges to traditional international humanitarian law? To address those challenges, the international community concluded two additional protocols in 1977 to the 1949 geneva conventions? Those two protocols have unified the Hague Rules and the geneva Rules in the realm of traditional laws on wars, improved the protection of civilians,expanded the concept of armed conflicts and combatants, and developed special treaties applicable to non-international armed conflicts,reaffirming and developing the principles and rules of international humanitarian law worldwide, and promoting its modernization?

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 Development of International Human Rights Law and the Chinese Contribution to the Global Human Rights Cause

Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption of the Universal Declaration of Human Rights in 1948 that marked the initial formation of international human rights law.Today,the world has formed a relatively comprehensive system of international human rights law and mechanisms.Since the founding of the People’s Republic of China,and in particular after she introduced reform and opening-up policy in 1978,the Chinese government has actively participated in international human rights causes.To date,the Chinese government has ratified 26 human rights conventions and fulfilled the obligations required by these.China has put forward and continually enriched human rights theory of socialism with Chinese characteristics,emphasizing the importance of state sovereignty in safeguarding human rights and the resolution of human rights controversies through dialogue,thereby contributing to the global human rights cause.

The Rights of Persons Charged with Penal Offences to Access to Lawyers——A comparison between international and domestic laws

I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.

Comparative Analysis and Legal Reflection on the Boundaries of Human Rights Due Diligence in the Supply Chain

As global supply chains become increasingly lengthy and complex, human rights due diligence in the supply chain is becoming a controversial focal point in the accountability of multinational corporations. In recent years, legislative practices in the field of human rights due diligence have shown a trend from voluntary soft law toward mandatory hard law, and from corporate due diligence for their own operations towards extended due diligence for the entire supply chain. However, there is a divergence in national practices regarding the extent to which human rights due diligence should extend along the supply chain and the manner in which it should be incorporated into domestic legal policies. International soft law interpretations surrounding the boundaries of human rights due diligence in the supply chain are decentralized, posing risks of interpretation diversification, boundary blurring, and procedural formalization, as well as risks of misinterpretation and misuse. Meanwhile, some countries and regions are vigorously promoting mandatory legislation on human rights due diligence in the supply chain, which has profound implications for the stability of global supply chains and the international economic and trade order. Against this backdrop, it is crucial to explore the reasonable boundaries of human rights due diligence in the supply chain. Instead of applying a one-size-fits-all approach,the rationality of legal factors and the complexity of practical factors should be considered, applying context-specific measures based on the varying degrees of linkage between companies and negative human rights impacts in the supply chain. China should be particularly wary of the “chilling effect” of mandatory legislation on human rights due diligence in the supply chain, attaching great importance to national supply chain security and international supply chain competitiveness.Additionally,China should actively promote the implementation of voluntary human rights due diligence under the United Nations framework, and accelerate the enhancement of China's discourse power in the international rule-making process in the fields of industry and commerce as well as human rights.

Reflection and operationalization of the common but differentiated responsibilities and respective capabilities principle in the transparency framework under the international climate change regime

“Common but differentiated responsibilities and respective capabilities”(CBDRRC) is the most significant guiding principle in the international climate change regime, created by the United Nations Framework Convention on Climate Change in 1992 and inherited by the Paris Agreement 24 years later. This paper examines the operationalization of the CBDRRC principle in one of the cornerstone rules of the regimedits transparency provisions, both in existing practice under the convention and possible evolvement in negotiations under the Paris Agreement, from the perspectives of both international rule-making and domestic implementation. The authors have found a continuous enhancement of the transparency framework since the 1990s, and gradual consolidation of a bifurcated system between developed and developing countries into a common one. The authors argue that the transparency framework, as part of the procedural rules, should be designed to facilitate transparent information sharing in accordance with substantive commitments under international climate change laws. Thus, it indirectly reflects historical responsibilities for climate change, while the framework should also be designed as feasible and reflective of the respective capabilities of nations. Finally, the evolution of the transparency framework will aim to enact common and enhanced provisions while differentiating between developed and developing countries in the near term, and greater transparency-related capacity-building for developing countries.

The scaling laws of cabin structures subjected to internal blast loading:Experimental and numerical studies

This paper presents a combination of experimental and numerical investigations on the dynamic response of scaling cabin structures under internal blast loading.The purpose of this study is to modify the similar relationship between the scaled-down model and the prototype of the cabin structures under internal blast loading.According to the Hopkinson’s scaling law,three sets of cabin structure models with different scaling factors combined with different explosive masses were designed for the experimental study.The dynamic deformation process of the models was recorded by a three-dimensional digital imaging correlation(DIC)method and a 3D scanning technology was used to reconstruct the deformation modes of the specimen.In addition,a finite element model was developed for the modification of the scaling law.The experimental results showed that the final deflection-to-thickness ratio was increased with the increase of the model size despite of the similar trend of their deformation processes.The reason for this inconsistency was discussed based on the traditional scaling law and a modified formula considering of the effects of size and strain-rate was provided.

ASEAN Commitment to Sustainable Development in the Regional International Environmental Law Perspective

The World Commission on Environment and Development in its report entitled“Our Common Future”has put forward the idea of sustainable development which is also an important part of the development of regional environmental law in Southeast Asia.In 1985 ASEAN Agreement on the Nature and Natural Resources has put sustainable development for the first time in ASEAN’s treaty.Sustainable development continues to grow through the 1987 Jakarta Resolution on Sustainable Development agreed upon by the leaders of ASEAN.This research will look at the importance of sustainable development as part of the regional environmental international law concept and how it has grown in ASEAN today.The purpose of this research is to know the various international agreements both soft law and hard law that puts sustainable development as an important element.The results show that sustainable development has become an integral part of the regional international environmental legal system in ASEAN.A provisional conclusion shows that ASEAN’s commitment to sustainable development has greatly improved the success of implementing environmental policies at the ASEAN level.

Cargo Delivery without Presentation of the Bill of Lading in Chinese Maritime Law and Practice

This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the approach established by the legal authorities and maritime courts. The necessities and causes for this risky action and possible suggestions will be considered, as will the approach of statute and judiciary. Potential and desirable reform will be discussed in light of the Rotterdam Rules. It is concluded that in order to facilitate cargo delivery, there would be a need to provide detailed legal guidance applicable to the many situations where the requisite documentation has failed to materialise.

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?

On Edward Coke＇ s Constitutional Thought and the Value of the Traditional Chinese Legal Thoughts

Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Parliament’s struggle against the monarchy in the 17th century,he put forward the creative constitutional ideas about independence of judges and judicial review,advocating the protection of due process and the civil rights,which provided valuable ideological inspiration especially for the development of judicial review and the due process in the U.S.C onstitution.Just as the saying goes,"the old farmland would grow out new grain",looking back on traditional legal thoughts is im portant to the construction of a legal country for the present China.

The Application of the Generalized Differential Formulation of the First Law of Thermodynamics for Evidence of the Tidal Mechanism of Maintenance of the Energy and Viscous-Thermal Dissipative Turbulent Structure of the Mesoscale Oceanic Eddies

The practical significance of the established generalized differential formula-tion of the first law of thermodynamics (formulated for the rotational coor-dinate system) is evaluated (for the first time and for the mesoscale oceanic eddies) by deriving the general (viscous-compressible-thermal) and partial (incompressible, viscous-thermal) local conditions of the tidal maintenance of the quasi-stationary energy and dissipative turbulent structure of the mesoscale eddy located inside of the individual fluid region of the ther-mally heterogeneous viscous (compressible and incompressible, respective-ly) heat-conducting stratified fluid over the two-dimensional bottom topog-raphy characterized by the horizontal coordinate x along a horizon-tal axis X. Based on the derived partial (incompressible) local condition (of the tidal maintenance of the quasi-stationary energy and viscous-thermal dis-sipative turbulent structure of the mesoscale eddy) and using the calculated vertical distributions of the mean viscous dissipation rate per unit mass and the mean thermal dissipation rate per unit mass in four regions near the observed mesoscale (periodically topographically trapped by nearly two-dimensional bottom topography h(x) eddy located near the northern region of the Yamato Rise in the Japan Sea, the combined analysis of the energy structure of the eddy and the viscous-thermal dissipative structure of turbulence is presented. The convincing evidence is presented of the tidal mechanism of maintenance of the eddy energy and viscous-thermal dissipa-tive structure of turbulence (produced by the breaking internal gravity waves generated by the eddy) in three regions near the Yamato Rise subjected to the observed mesoscale eddy near the northern region of the Yamato Rise of the Japan Sea.