The 2 ℃ Global Temperature Target and the Evolution of the Long-TermGoal of Addressing Climate Change-From the United Nations FrameworkConvention on Climate Change to the Paris Agreement

The Paris Agreement proposed to keep the increase in global average temperature to well below 2 ℃ abovepre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 ℃ above pre-industriallevels. It was thus the first international treaty to endow the 2 ℃ global temperature target with legal effect.The qualitative expression of the ultimate objective in Article 2 of the United Nations Framework Conventionon Climate Change （UNFCCC） has now evolved into the numerical temperature rise target in Article 2 of theParis Agreement. Starting with the Second Assessment Report （SAR） of the Intergovernmental Panel on Cli-mate Change （IPCC）, an important task for subsequent assessments has been to provide scientific informa-tion to help determine the quantified long-term goal for UNFCCC negotiation. However, due to involvementin the value judgment within the scope of non-scientific assessment, the IPCC has never scientifically af-firmed the unacceptable extent of global temperature rise. The setting of the long-term goal for addressingclimate change has been a long process, and the 2 ℃ global temperature target is the political consensuson the basis of scientific assessment. This article analyzes the evolution of the long-term global goal foraddressing climate change and its impact on scientific assessment, negotiation processes, and global low-carbon development, from aspects of the origin of the target, the series of assessments carried out by the 1PCCfocusing on Article 2 of the UNFCCC, and the promotion of the global temperature goal at the political level.

Characteristics and trends of integrated ocean management under the framework of the United Nations Convention on the Law of the Sea

As the international community place high value on the ocean,protecting the marine environment and promoting the sustainable development of the ocean have become the consensus of all countries around the world.Integrated ocean management,as an important part of the ocean governance mechanism within the framework of the United Nations,have approached to the scene view of human gradually.Taking the United Nations Convention on the Law of the Sea as the framework,the current international integrated ocean management is summarized and the future development trend of ocean management is analyzed,providing reference for China to build a maritime power and a maritime community with shared future.

Realization of the Right to Development: Prospects for Drafting a Convention on the Right to Development

Near 30 years after the adoption of the 1986 UN Declaration on the Right to Development, understanding of this Right still differs from one political group to another. The South stresses issues such as inequalities in the international financial system, greater participation of developing countries in global decision-making on economic policy, and promoting a fairer trade regime. The North persists on apt domestic conditions in developing countries such as rule of law, good governance, democracy and responsible economic management. And while the NonAligned Movement calls for an international legal standard of a binding nature, the European Union is opposed to such an upgrade of the Declaration. In fact, drafting a Framework Convention on the Right to Development seems to be the best option for accommodating the concerns of the different political groups, as it allows for a step-by-step approach. A framework convention is a treaty under international law: such a treaty is open to States, and once it has entered into force, it is binding on States that have expressed consent. The potential added value of a Framework Convention on the Right to Development is to balance the current human rights regime with a treaty that goes beyond individual State responsibility and takes inspiration from principles derived from international development efforts, such as mutual accountability, alignment of policies among partner countries, and inclusive partnerships.

The Treaty of San Francisco From the Perspective of International Peace Movements in Early Twentieth-Century America

The leaders of the Meiji Restoration believed in their master, Yoshida Shoin （吉田松陰）, who claimed that in order for the islands of Japan not to be a colony of the powerful Western states, Japan had to conquer nearby countries. This led to Japan’s invasion of the Ryukyu Islands, Taiwan, Korea, and Manchuria, which ultimately led to the Manchurian Incident of 1931, the Sino-Japanese War, and the Pacific War. Surprisingly, the subject and the timing of each and every one of these acts of war were in the same order of Yoshida Shoin’s proposal on preoccupancy. The Sino-Japanese war of 1894 was romanticized as clearing the barbaric culture by civilization, and the Russo-Japanese war of 1904 was romanticized as the realization of Eastern Peace. However, Japanese policies of aggressions were first deemed illegal by international law during the 1931 Manchurian Incident by the investigations of the League of Nations. The Japanese Empire received the recommendation by the League of Nations to restore to original state, but declined and exited from the League of Nations. Following their exit, they started the Sino-Japanese War and the Pacific War and eventually lost in 1945. The goal of the San Francisco Peace Treaty of 1951 was to punish Japan’s aggressions. However, as the Cold War between the East and the West started to arise in 1948, the punishment was eased, and their punishment for the aggressions on the Ryukyu Islands, Taiwan, and Korea was nearly unasked for. This paper examines the issues of the San Francisco Peace Treaty in the views of the international law of the League of Nations, established by Manley O. Hudson of Harvard University and others in U.S. academia and judiciary.

A Study on China＇s Marine Rights and Interests and Their Maintenance

Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situation and challenges. In view of the strategic significance and maritime situation of ocean development, it needs to work out a feasible ocean strategy of China from the need of safeguarding the interests of the whole country urgently. We must establish the maintenance strategies of China＇s marine rights and interests in order to realize the sustainable development of marine fights and interests.

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.

＂A Heart to Heart Talk With You Over This Matter＂： Richard Henry Boyd, Elias Camp Morris, James Marion Frost, and the Black Baptist Schism of 1915

This paper explores the race and religion during the Progressive Era by examining the relationships between Richard Henry Boyd and Elias Camp Morris, two leading members of the nascent National Baptist Convention, an African American denomination, and Boyd＇s relationship with James Marion Frost, the Corresponding Secretary of the white Southern Baptist Convention. Their interactions highlight the contours and limitations of ecclesiastical activity within and across the color line in the early 20th Century.

A Brief Analysis of the Applicability of the Archipelago Waters System in China

The archipelagic waters system is stipulated in the United Nations Convention on the Law of the Sea. It is closely related to China＇s marine legislation and maritime law enforcement. It is not only related to the integrity of our country＇s national sovereignty, but also to the maintenance of our maritime rights and interests. However, there is no comprehensive fundamental law governing the overall situation of marine development in our country, also no relevant legal code on the archipelagic waters system. Therefore, we should learn from the world＇s marine legislation and practice which the archipelagic waters system was written into China＇s marine legislation.

The Future for the Enterprise

The Enterprise regime was intensively negotiated first in the Third United Nations Conference on the Law of the Sea (UNCLOS III) from 1973 to 1982 and then in the UN Secretary General’s informal consultations from 1990 to 1994. The United Nations Convention on the Law of the Sea (hereinafter the “Convention”) is a major achievement of the UNCLOS III and the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter the “1994 Agreement”) is an achievement of the informal consultations. The Enterprise regime has been dramatically changed in many ways with the adoption of 1994 Agreement. Envisaged as an operational organ of the International Seabed Authority, the outlook of the Enterprise is still unknown. In this connection, this paper highlights a few questions which need to be answered urgently, and proposes the way forward for the operationalization of the Enterprise in terms of legal principles and institutional design.

Taking up the Challenge

The celebrations to commemorate the World Day to Combat Desertification and Drought across the globe in June also mark the 25th anniversary of the United Nations Convention to Com bat Desertification (UNCCD). The theme of this year s campaign is Let s Grow the Future Together. Celebrations are primarily meant to raise awareness that Land Degra dation Neutrality can be achieved through providing solutions to existing desertification and drought challenges, enhancing strong community involvement and fostering multi - stakeholder cooperation. On June 17, environmentalists will celebrate 25 years of milestones achieved by citizens of various countries in promoting sustainable land management and reevaluate the next 25 years when Land Degradation Neuh ality is to be realized through restoring degraded land and soil, including land affected by desertification, drought and floods.

Second National Convention on University Human Rights Education Held in Beijing

The Second China Convention on Human Rights Education in Universities was held on November 6-8 in Beijing. It was jointly sponsored by the Human Rights and Humanitarian Law Institute of the China University of Political Science and Law, the Norwegian Center for Human Rights at the University of Oslo, Norway, the Danish Institute for Human Rights and the Raoul Wallenberg Institute of Human Rights and Humanitarian Law at Lund University, Sweden. More than 90 researchers, scholars and human rights teachers of universities from China and other countries attended.

Acacia mearnsii management in a South African National Parks：SWOT analysis using hot topics in biological invasion as a guide

The assessment of the policy framework governing Invasive Alien Species(IAS) control is of critical importance in conservation. The undertaking of a SWOT analysis of such a framework is necessary because it enhances the efficacy of IAS control. The aim of this study is to carry out a SWOT analysis of the policy framework guiding the control of the spreading of Acacia mearnsii and other IAS in the Golden Gate Highlands National Park in South Africa,as well as the implementation of restorative measures in the park and adjacent communities in line with the recommendations of the Convention on Biodiversity. A comparative analysis of this framework and the hierarchical framework that was developed during the European Union Conference on Freshwater Invasives- Networking for Strategy in 2013 is undertaken. The results indicate the need to strengthen parkcommunity relations,upgrade existing legislation,and boost the technical capacity of South African national parks to identify,detect,monitor and predict IAS invasions,both within the parks and their surroundings. This knowledge is important for developing future policies on IAS control in South Africa.

Operationalizing Cultural Autonomy in International Law as a Form of Effective Participation in Decision-Making

According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.

Metadata Analysis of Persistent Organic Pollutants in National Pools of Human Milk in Support of the Stockholm Convention Implementation

A set of human milk samples,consisting of pools from up to 50 mothers that delivered their first baby was assessed for the persistent organic pollutants(POPs)listed in the Stockholm Convention.It must be noted that only samples that qualified for the criteria,as established in the global monitoring plan of the Stockholm Convention,following an initial protocol from the World Health Organization,were included.The data do not allow for an assessment of POP concentrations in breast milk with lactation period nor,in most cases and when not indicated otherwise,a comparison within the same country.The assessment does not rank the POPs as to the risk for breastfeeding.Rather the measurements provide a basis for countries to compare among POPs or with other countries.A regional preference for certain POPs could not be identified;thus,taking into account global food supply chains and local production elsewhere does not allow us to prioritize a country for a certain POP.Although the highest concentrations were always found for the sum of DDT,these samples were not prominent in multivariate statistical analyses.The best indicator for the scale of POPs in breast milk was the sampling year:the earlier a national pool was created,the higher and the wider spread were the concentrations:see the example of dioxin-like POPs and indicator PCB.For some POPs,the income of a country seems to indicate scale and POP compounds.The population density was not found to be a suitable predictor or discriminator.Since all POPs seemed to level off and some POPs were only measured after the entry-into-force of the Stockholm Convention in 2004,we do not have a strong indicator to determine POP concentrations in the 1980s or before.

《联合国打击网络犯罪公约》的中国立场与核心问题

《联合国打击网络犯罪公约》草案的出台及经联合国特设委员会投票通过,是中国、俄罗斯等发展中国家阵营不懈努力的成果,但仍然面临严峻挑战。中国应当以维护国家主权和照顾发展中国家利益为前提,贯彻打击网络犯罪的基本立场:扩大公约草案所主张的定罪范围和适用犯罪,并进而扩大公约的适用范围及影响力;抵制或限制以“数据控制者模式”为特征的单边取证模式的适用,积极推广我国刑事证据出境审查工作机制,探讨基于数据主权的跨境调取电子数据解决方案。

杜甫“陷贼”补辨

杜甫从鄜州潜回长安的实际心思可归纳为三端:一是使自己由“逃难者”变为“国难承受者”即沦陷区“长安民”的一员;二是出于对国家命运的关心,亲自感受、观察叛军占领下的长安形势;三是潜回长安,实际上是向官军靠拢。杜甫诗中“此道昔归顺”句,句意是“逃脱叛军占领下的长安归向朝廷”,“归顺”系用肃宗诏书中语。杜甫《奉谢口敕放三司推问状》中“贼庭”指叛军占领区。

科学发展对条约解释的影响及其限制——以国际海洋法法庭“气候变化咨询案”为切入点

科学在国际和国内司法实践中的作用一直备受关注。近年,气候变化科学取得了显著进展,全球兴起的气候诉讼将科学与法律的互动推向了一个新高度。在国际层面,小岛屿国家气候变化与国际法委员会于2022年在国际海洋法法庭提起咨询程序,所提问题给法庭设定了在气候变化背景下解释《联合国海洋法公约》相关条款的语境,直接涉及科学发展对条约解释的影响及其限度问题。正是由于《联合国海洋法公约》相关条款法意模糊、该公约与其他国际法规则存在开放互融的结构,法庭在解释过程中倾向于运用体系解释方法和目的解释方法,反映最新科学进展的政府间气候变化委员会的评估报告在解释过程中发挥了相当显著的作用。解释者在法律解释过程中考虑科学发展虽然有一定的合理性,但是,为了防范越法和造法风险,国际司法机构在选择解释方法和考虑科学发展时,仍需秉持司法克制的立场,恪守《维也纳条约法公约》中条约解释规则的约束,重视法律推理的权威,不僭越法律解释与法律创造的边界。

论难民不推回原则下国家安全例外条款的适用

难民不推回原则是国际难民保护制度的核心原则,保护难民与寻求庇护者的基本权利。不推回原则只禁止国家将难民推回到迫害者手中,并未创设肯定性的庇护难民义务。1951年《难民公约》第33条的国家安全例外条款赋予缔约国基于自身安全利益排除难民不推回原则适用的自由裁量权,试图通过弹性解释平衡难民保护和国家安全两方面利益。在难民危机爆发后,一些国家在实践中滥用安全例外条款,使之成为逃避不推回义务的工具。这反映了西方国际法话语下主权与人权两种不同取向的价值困境。国际社会应以新型国际关系理论为指导统一基于主权和人权不同价值取向的国家安全和难民保护目标,以法益衡量方法解释国家安全例外条款,使其适用符合合法性、非歧视性、比例原则以及正当程序的要求。国家利用公平及有效的难民身份甄别程序能更好地平衡国家安全和难民保护的关系。对此,中国应建立独立的难民甄别程序,完善难民保护立法,以加强我国国家安全和难民保护的治理能力。

适应性海洋法治理念在全球海洋治理中的适用

新形势下,以《联合国海洋法公约》为核心的海洋法体系在应对海洋治理中的传统安全问题和非传统安全问题时呈现一定的不适应性。普芬道夫自然法哲学中的社会性义务要求社会主体承担不损害他人正当权益的普遍义务,具备此种消极调和特征的公平原则强调规则与历史演替中的社会关系保持一致,主要表现为在承认变化的基础上适应变化。通过将适应理念嵌入海洋法体系,补充法治理念的内容,并表现为面向未来的开放式规则、利益相关者的多元参与和《联合国海洋法公约》的演化解释,海洋法将更加灵活地调整权利义务关系。适应性海洋法治理念具备内在延展性,能够为解决南海问题、日本倾倒核污水等海洋危机以及未来可能出现的类似问题提供借鉴思路。中国的综合实力不断提高,海洋利益诉求也随之变化拓展。中国需要兼顾本国利益与国际社会整体利益,适时调整立场态度,通过建立适应性的国内涉海法律体系、转化参与国际海洋治理的法律逻辑,实现国内涉海管理和全球海洋治理的相互协调。

国际海洋法律秩序的变革:历史演进、发展趋势与影响因素

国际海洋法律秩序的历史演进,可以分为国际海洋法律秩序的萌芽时期、近代国际海洋法律秩序、现代国际海洋法律秩序和当代国际海洋法律秩序四个阶段。国际海洋法律秩序将呈以下发展趋势:条约法规则占据主导地位,但软法影响力日益扩大;国际司法机构的影响更加凸显;对国家管辖范围以外海域的限制不断增强以及区域主义路径持续强化等。影响国际海洋法律秩序变革的因素主要包括科学技术、国际政治以及国际组织或国家集团等。