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.

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 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.

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.

UNIVERSAL CRIMINAL JURISDICTION:An option or a legal obligation for States?

I Universal criminal jurisdiction,which is exercised by domestic courts of States,is considered today by some scholars as a panacea for fighting against impunity of perpetrators of the most heinous international crimes worldwide.

Commonwealth by Institution and Political Obligation in Hobbes＇s Leviathan

The principal thesis of this paper is that one must grasp the importance, or even the centrality, of Hobbes＇s idea of commonwealth by institution in Leviathan in order to fully understand and appreciate his arguments concerning the political obligation of obedience. Until recently, this idea has not been given its due significance in the literature. It has been commonly held that Hobbes＇s theorizing about the foundation of the state was based upon his concept of covenant. This paper argues that crucial aspects of political obligation generated by Hobbes＇s concept of covenant could not be understood without a clear understanding of the relationship among the three elements embodied in his idea of commonwealth by institution-covenant, authorization and right-transfer. While several attempts have been made on this topic, the pictures that have been drawn by Hobbesian scholars are more or less inadequate. In particular, the significant roles which authorization and right-transfer play in Hobbes＇s account of political obligation have yet been made clear. By shifting focus upon the idea of commonwealth by institution and taking it as Hobbes＇s mechanism of explaining the nature and origins of political obligation of obedience, this paper examines in detail the specific questions which Hobbes was addressing by coining this term and elicits what exactly he may have meant to convey to his audiences.

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）.

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.

Obligation, Endemic Survival & the Complexity of Moral Judgement

This is a bioethical investigation into the nature of the endemic crisis,its survival,and the social construction of moral obligation during the Ebola crisis in Liberia,West Africa.The 2014 outbreak in West Africa was the most considerable,most severe,and most complex Ebola epidemic thus far.At the close of the crisis in Liberia,six thousand infected persons survived unexpectedly.The ethics of Ebola and survival is exceptionally complicated and requires a complex theoretical explanation.While a categorical analysis of ethical theory cannot cover the full scope of this moral dilemma,a single concept carried over a range of models does;and,that concept is known as moral obligation.Exploring the obligation of others toward Ebola survivors helps locate,justify,and analyze the fear-based system of morality that arose from the world’s most severe endemic crisis.Examining the obligations of government,community,individuals,and foreign research initiatives toward the survivors of the West African Ebola endemic in Monrovia,this article explores the varying moralities of endemic crisis culture as it examines the complexity of judgment related to social obligation.

Vaccination Obligation from the Perspective of the European Court of Human Rights——Taking the Case of Varif et al.v. Czech Republic as an Example

The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the infringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the “needs of a democratic society.” Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.

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。

数字教材在初中英语教学中的应用探索

一、教学设计思路1.教学目标（Teaching objectives）（1）To teach new words：slide show,object,wave,shelter.（2）To enable students to use modal verb＂may＂to talk about possibility and＂should＂to talk about obligation.（3）To make students know the dangerous results of typhoons and learn to take precautions.

如何在大学期间不让自己陷入困境(英文)

大学时光最为宝贵、最值得我们每个人好好珍惜与利用。但愿每个大学生都有一个愉快而充实的大学生活,将来成为社会所需要的人才!这就要求每个大学生必须经营好自己的大学时光,过好自己的大学生活,让麻烦远离自己。下面要告诉你的是如何在大学期间避免惹出大麻烦、让自己陷入困境。

Feudalism Helped Social Stability in Early Middle Ages

In the early Middle Ages the Europe was a chaotic social environment.The empire was so vast that no king could build a centralized government,so the king depended on counts to administrate the regions.There were conflicts,wars,invasion and famine at that time.The decentralized government could not protect people from these sufferings,so the people just could search for the strong to secure them.The lord could provide protection to his vassals and grant fiefs to his vassals,and in turn vassals needed to perform their obligation to the lord.These obligation included loyalty,military service,assistance,offering material and counsel which stabilized the area that the lord ruled.The feudalism in the administration of Merovingian and Carolingian even after the breakup of Carolingian could illustrate the stable units of the empire.

Impact of Global Warming on Indian Ocean

The sea level has increased abruptly in the Indian Ocean in the last four decades.Data shows that the increase in sea level is not homogeneous.The rise in bay of Bengal is more than that of the Arabian Sea. Global warming has caused an increase in sea surface temperature.The sea surface temperature has a direct impact on the sea level rise as well as on the intensity and frequency of storms and cyclones.This

Social Forestry and Women in China

Although there is no uniform concept about social forestry in the world,its aim of servicing mankind is commonly considered,and the importance ofwomen’s participation is recognized. Women in China,as an important part of the labor force involved in thedevelopment of social forestry,can be divided into three categories according tothe type of women’s participation. Firstly women(as well as men)have the obligation to participate in