Water utility is considered as unique among all the natural monopolies. Overseas private sector involvement in water utility operation has been always being a sensitive topic in China. Overseas investment and engageme...Water utility is considered as unique among all the natural monopolies. Overseas private sector involvement in water utility operation has been always being a sensitive topic in China. Overseas investment and engagement has happened progressively in spite of implicit and explicit barriers within China. Reviewing past foreign investments in water supply and sanitation in China, experiences and lessons co-existed, based on the combined analysis both concerning the past practices and current new possibilities, the future cooperation on international private sector participation can be looked forward to.展开更多
The principle of non-interference is that sovereign states shall not inter- vene in each other's internal affairs. It is the general principle of contemporary international law that the non-interference in each other...The principle of non-interference is that sovereign states shall not inter- vene in each other's internal affairs. It is the general principle of contemporary international law that the non-interference in each other's internal affairs is based on the respect for states' sovereignty and territorial integration, which governs the relations between states in regard to their rights and obligations. It has been estab- lished as the general principle of international law or customary law in compliance with the purposes and principles of the UN Charter. Nevertheless, its application depends on the determination of the matter in question within the domestic juris- diction and of the applicable international laws accordingly. It was and is still controversial in practices of international law to make such determination. This article focuses on the analysis of the principle of non-interference and its relation with the determination of domestic affairs, the relation between the principle of non- interference and the R2P, as well as the recent institutional development of global protection for human rights such as the HRC related to domestic affairs.展开更多
As an approach to the interpretation of the closest connection doctrine used for years in the European continent for the choice of the law appliable to contractual relations as well as non-contractual ones,the charact...As an approach to the interpretation of the closest connection doctrine used for years in the European continent for the choice of the law appliable to contractual relations as well as non-contractual ones,the characteristic performance test evolves with the development of international economic and trade activities.Despite criticisms on this approach as embodied in the Rome Convention,the RomeⅠRegulation retains it.This article will focus on the development of the characteristic performance theory and try to explain that this theory,as one of the interpretations and solutions to the closest connection doctrine universally accepted nowadays,has its strengths and weaknesses.展开更多
文摘Water utility is considered as unique among all the natural monopolies. Overseas private sector involvement in water utility operation has been always being a sensitive topic in China. Overseas investment and engagement has happened progressively in spite of implicit and explicit barriers within China. Reviewing past foreign investments in water supply and sanitation in China, experiences and lessons co-existed, based on the combined analysis both concerning the past practices and current new possibilities, the future cooperation on international private sector participation can be looked forward to.
文摘The principle of non-interference is that sovereign states shall not inter- vene in each other's internal affairs. It is the general principle of contemporary international law that the non-interference in each other's internal affairs is based on the respect for states' sovereignty and territorial integration, which governs the relations between states in regard to their rights and obligations. It has been estab- lished as the general principle of international law or customary law in compliance with the purposes and principles of the UN Charter. Nevertheless, its application depends on the determination of the matter in question within the domestic juris- diction and of the applicable international laws accordingly. It was and is still controversial in practices of international law to make such determination. This article focuses on the analysis of the principle of non-interference and its relation with the determination of domestic affairs, the relation between the principle of non- interference and the R2P, as well as the recent institutional development of global protection for human rights such as the HRC related to domestic affairs.
文摘As an approach to the interpretation of the closest connection doctrine used for years in the European continent for the choice of the law appliable to contractual relations as well as non-contractual ones,the characteristic performance test evolves with the development of international economic and trade activities.Despite criticisms on this approach as embodied in the Rome Convention,the RomeⅠRegulation retains it.This article will focus on the development of the characteristic performance theory and try to explain that this theory,as one of the interpretations and solutions to the closest connection doctrine universally accepted nowadays,has its strengths and weaknesses.