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?

Direct measurement of the three-dimensional distribution of leaf area density and light conditions in a mature oak stand by the cube method

Although the distributions of foliage and light play major roles in various forest functions,accurate,nondestructive measurement of these distributions is difficult due to the complexity of the canopy structure.To evaluate the foliage and light distributions directly and nondestructively in a mature oak stand,we used the cube method by dividing the forest canopy into small cubes(50 cm per side)and directly measured leaf area density(LAD,the total one-sided leaf area per unit volume,i.e.,cube)and relative irradiance(RI)within each cube.The distribution of LAD and of RI was highly heterogeneous,even at the same canopy height.This heterogeneity reflected the presence of foliage clusters associated with multiple forking branches.The relationship between cumulative LAD at the canopy surface and average RI followed the Beer-Lambert law.The mean light extinction coefficient(K)was 0.32.However,K was overestimated by more than double(0.80)when calculated based on the classical method using RI at the forest floor.This overestimation was caused by the lower RI due to light absorption by nonleaf plant parts below the canopy.Our findings on the complex foliage and light distributions in canopy layers should help improve the accuracy of RI and K measurements and thus more accurate predictions of environmental responses and forest functions.

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.

F-rough law and the discovery of rough law

By using function one direction S-rough sets (function one direction singular rough sets), this article presents the concepts of Flaw, Frough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of Flaw relation metric, two orders theorem of Frough law relation metric, the attribute theorem of Frough law band, the extremum theorem of Frough law relation metric, the discovery principle of Frough law and the application of Frough law.

The Changing Labour Relations during the Period of Economic Reform:A Case Study of Chinese Township and Village Enterprises in Yangtze River Delta

The economic reform launched in the People's Republic of China(China) led to a rapid growth in non-state sectors.Various forms of corporate governances and ownerships emerged during the last two decades,especially the Township and Village Enterprises owned by local residents.This article is conducted on the changing labour relations in Chinese Township and Village Enterprises(TVEs) despite their increasing contributions to China's transition from planned economy to market economy,and studies the labour market and the Labour Law to understand the unique labour mobility and to test the relationship between Human Resource Management(HRM) practice and the performance among TVEs.

Principles of Quantum Mechanics and Laws of Wave Optics from One Mathematical Formula

Finding that in the formula of expansion of a function into a series of wave-like functions ?the coefficients are its Fourier transforms, if existed, we deduce mathematically all the principles and hypothesis that illustrated physicists utilized to build quantum mechanics a century ago, beginning with the duality particle-wave principle of Planck and including the Schrödinger equations. By the way, we find a simple Fourier transform relation between Dirac momentum and position bras and a useful permutation relation between operators in phase and Hilbert spaces. Moreover, from the found particle-wave duality formula we prove and obtain again essentially by mathematical analysis all the laws of wave optics concerning reflections, refractions, polarizations, diffractions by one or many identical 3D objects with various forms and dimensions.

Are Black Holes 4-D Spatial Balls Filled with Black Body Radiation? Generalization of the Stefan-Boltzmann Law and Young-Laplace Relation for Spatial Radiative Transfers

This is the first paper in a two part series on black holes. In this work, we concern ourselves with the event horizon. A second follow-up paper will deal with its internal structure. We hypothesize that black holes are 4-dimensional spatial, steady state, self-contained spheres filled with black-body radiation. As such, the event horizon marks the boundary between two adjacent spaces, 4-D and 3-D, and there, we consider the radiative transfers involving black- body photons. We generalize the Stefan-Boltzmann law assuming that photons can transition between different dimensional spaces, and we can show how for a 3-D/4-D interface, one can only have zero, or net positive, transfer of radiative energy into the black hole. We find that we can predict the temperature just inside the event horizon, on the 4-D side, given the mass, or radius, of the black hole. For an isolated black hole with no radiative heat inflow, we will assume that the temperature, on the outside, is the CMB temperature, T2 = 2.725 K. We take into account the full complement of radiative energy, which for a black body will consist of internal energy density, radiative pressure, and entropy density. It is specifically the entropy density which is responsible for the heat flowing in. We also generalize the Young- Laplace equation for a 4-D/3-D interface. We derive an expression for the surface tension, and prove that it is necessarily positive, and finite, for a 4-D/3-D membrane. This is important as it will lead to an inherently positively curved object, which a black hole is. With this surface tension, we can determine the work needed to expand the black hole. We give two formulations, one involving the surface tension directly, and the other involving the coefficient of surface tension. Because two surfaces are expanding, the 4-D and the 3-D surfaces, there are two radiative contributions to the work done, one positive, which assists expansion. The other is negative, which will resist an increase in volume. The 4-D side promotes expansion whereas the 3-D side hinders it. At the surface itself, we also have gravity, which is the major contribution to the finite surface tension in almost all situations, which we calculate in the second paper. The surface tension depends not only on the size, or mass, of the black hole, but also on the outside surface temperature, quantities which are accessible observationally. Outside surface temperature will also determine inflow. Finally, we develop a “waterfall model” for a black hole, based on what happens at the event horizon. There we find a sharp discontinuity in temperature upon entering the event horizon, from the 3-D side. This is due to the increased surface area in 4-D space, AR(4) = 2π2R3, versus the 3-D surface area, AR(3) = 4πR2. This leads to much reduced radiative pressures, internal energy densities, and total energy densities just inside the event horizon. All quantities are explicitly calculated in terms of the outside surface temperature, and size of a black hole. Any net radiative heat inflow into the black hole, if it is non-zero, is restricted by the condition that, 0cdQ/dt FR(3), where, FR(3), is the 3-D radiative force applied to the event horizon, pushing it in. We argue throughout this paper that a 3-D/3-D interface would not have the same desirable characteristics as a 4-D/3-D interface. This includes allowing for only zero or net positive heat inflow into the black hole, an inherently positive finite radiative surface tension, much reduced temperatures just inside the event horizon, and limits on inflow.

The General Theory of Law and Its Development in China

Study of the general theory of law,as an independent branch of legal research,originated in Germany in the mid to late 19th century,and thereafter became a widely propagated and well-developed subject in countries such as the UK and the US.Scholars from the Soviet Union combined the general theory of law with Marxist philosophy and adapted it from an analytical legal theory to a social legal theory.The inheritance and development of the general theory of law in China went through three stages.Specifically,from the 1950s to the early 1960s,the jurisprudence community fully adopted the legal theories promoted by the Soviet Union;from the early 1980s to the late 1990s,the studies reflected upon past theories and sought advancement;and from the late 1990s to present,research has adopted a more open and innovative approach.In addition,the philosophy of law and other interdisciplinary subjects have gradually become dominant research paradigms.A review and compilation based on the evolution of theories of legal relations showed that the study of the general theory of law in China is closely associated to the historical rate of progress of the practice of rule of law and jurisprudence in China.The overall framework of the research is deeply influenced by the model of“theories of the Soviet+civil-law prototypes”.In addition,the research methods have evolved from investigations utilizing a single approach to processes combining various approaches.The general theory of law is far from a“relic of history,”and corresponding in-depth research is recommended for future jurisprudence study in China.

Theory of Gravitons in Spiral and Dwarf Galaxy Rotation Curves

We hypothesize that gravitons contribute significantly to the process that flattens galaxy rotation curves. Gravitons travelling against a gravitational field experience an energy loss due to gravitational redshift identical to the effect on light. This energy loss requires an increased rotational velocity to stabilize a galaxy. We will show that this approach successfully explains the rotational properties of spiral and dwarf galaxies.

Dark Matter Creation and Anti-Gravity Acceleration of the Expanding Universe

Dark matter is identified as negative relative energy between quarks in proton and is generated in cold hydrogen gas with pressure gradient in gravitational field. Positive relative energy PRE can be generated between quarks in protons in cold hydrogen gas in outskirts of the universe. The mechanisms for such creation of dark matter and PRE are reviewed and updated in greater detail and clearer manner. The so-generated dark matter in a galaxy can account for the galaxy’s rotation curve. Star formation in this galaxy uses up the hydrogen atoms and thereby reduces its dark matter content. Dark matter created in intergalactic hydrogen gas can form filaments. In a hypothetical model of the universe, a hydrogen atom with a small amount of negative relative energy or dark matter at the outskirts of this universe can via collisions with other atoms turn into one with a small positive relative energy PRE. Once such a sign change takes place, gravitational attraction switches to anti-gravity repulsion unopposed by any pressure gradient. This leads to a “run away” hydrogen atom moving away from the mass center of the universe and provides a basic mechanism for the accelerating expansion of the universe. This theoretical expansion and the measured redshift data are both compatible with the conception of an acceleratingly expanding universe and complement each other. But they cannot verify each other directly because the present model has been constructed for purposes different from those of the measurements. But it can be shown that both approaches do support each other qualitatively under certain circumstances for small velocities. Dark matter and PRE in the present model are not foreign objects like WIMPs and dark energy-cosmological constant but can only be created in cold hydrogen gas in gravitational field. To achieve this, infrequent collisions among the hydrogen atoms must take place. Dark matter was created first and can eventually later evolve into PRE in the outskirts of the universe and in the intergalactic void. Dark matter and PRE will disappear if the hydrogen atom carrying them becomes ionized as in stars.

Analysis of Laws and Regulations on Vaccine Quality Control in China

Objective To analyze laws, regulations and the responsibilities of relevant authorities for vaccine quality control and to provide suggestions for improving vaccine quality control system in China. Methods Laws and rules issued by related authorities were classified and studied. Results and Conclusion There are still some problems in the basic laws and regulations, including the lack of legal basis, the unclear responsibilities of relevant authorities and so on. We should improve the current laws, regulations as well as the responsibilities of the authorities so as to build up a sound system of vaccine traceability gradually.

Analysis on the Problems of Agent Performance in Administrative Law

With the rapid development of modem social politics and economy,agent performance has been a need of the People's Republic of China's administrative law enforcement and the public.Its form is relatively mild,and it is the product formed in the field of modem administrative law enforcement.The contemporary agent performance system has been playing an important role in environmental protection and traffic safety,which can save administrative costs to a certain extent,improve the efficiency of law enforcement,as well as effectively protect the legitimate rights and interests of the obligee.In spite of this,agent performance in China's administrative law has gained a lot of space for development,but there are many aspects that still need continuous development and improvement such as the subject,procedure,and cost of agent performance.This article focuses on the issue of agent performance as well as analyzes the subject,procedure,and cost of agent performance in administrative law of the People's Republic of China in aiming to promote the development of agent performance in administrative compulsory law of the People's Republic of China.

Rethinking Foreign-Related Element and Ad Hoc Arbitration:Evolution of the Supreme People’s Court(SPC)’s Attitude

中国法律体系下,选择国际仲裁作为争议解决方式的当事人面临两个疑难问题。一是在何种情形下双方可以就其争议选择境外仲裁机构解决纠纷;二是在何种情形下双方订立的临时仲裁协议会被有管辖权的人民法院认定为有效。中国《仲裁法》和《民事诉讼法》明确规定,仅具有涉外因素的案件可以提交境外仲裁机构仲裁,而当事人（除在中国自贸区注册的外商独资企业外）在中国大陆订立的临时仲裁协议尚属无效。随着中国成为国际仲裁界的重要一员,最高人民法院也通过梳理一系列典型仲裁案例,扩大对涉外因素的认定范围并出台认定临时仲裁协议有效的新标准。本文将系统分析最高人民法院对涉外因素和临时仲裁之态度的演进过程。

习近平法治思想指导下国内法治与涉外法治的统筹推进——基于中国式现代化法治国家的构建视角

作为新时代习近平法治思想的重要组成部分,统筹推进国内法治与涉外法治是在准确把握国际国内两个大局的基础上,又立足法治中国建设的实践进程和面临的风险挑战,为更好地维护国家主权、安全和发展而提出的,对中国式现代化法治国家构建有着积极作用。既符合时代发展逻辑,更能加快法治中国建设步伐,有助于国际法治朝着良性轨道发展,是内蕴开放性、包容性和多元性理念的关键选择。统筹推进国内法治与涉外法治,应当在习近平法治思想指导下,以党的二十大精神为指引,以构建中国式现代化法治国家为出发点和落脚点,以厘清国内法治与涉外法治间的相互关系为基本逻辑,以明晰与完善国内国际双重法律规制为具体实践路径。不仅要重点解决国内法治与国际法治的良性对接问题,完善国内法律体系以应对国际法治变革,更要认真审视国际法律规范在我国域内的适用,积极推动国际法规则的发展演进。

新时代中国国际法学科体系的构造

构造新时代中国国际法学科体系,既是为了进一步落实习近平有关学科建设的指示精神,也是为了改变国际法在整个法学体系中的地位与中国世界大国的地位不相称的状况,以及弥补我国涉外法治人才严重短缺的短板。中国国际法学科体系的构造,需要进一步厘清涉外法、涉外法治、对外关系法、国内法与国际法的关系,以及涉外法学、国际法与法学一级学科的关系。在中国国际法学科体系构造的过程中,最为重要的是构建国际法学一级学科专业。未来中国国际法学发展的任务主要包括:弘扬国际法治理念、为人类命运共同体的构建提供法治保障,传播中国国际法观、提升中国国际法理念的国际影响力,提高运用国际法的能力以及补齐涉外法治的短板等。涉外法治人才培养和推动国际法研究的理论创新,则成为今后中国国际法学者的应然使命。未来中国国际法学的发展方向涉及架设国际法与国内法沟通的桥梁、谨慎使用“涉外法学”名称,以及在国际法教育与研究中凸显中国的国际法理论与实践等。

我国《对外关系法》的内容体系及其实施探讨

“涉外法律”可以分为“涉外公法”“涉外经济法”与“涉外私法”。2023年6月28日通过并于同年7月1日生效的《对外关系法》属于“涉外公法”的范畴。该法共有六章四十五条,含总则、对外关系的职权、发展对外关系的目标任务、对外关系的制度、发展对外关系的保障及附则。它意在申明中国的对外关系活动将严格按照法治轨道运行,促使涉外法律体系更为完备,更有利于开展涉外法治斗争和维护国家、企业和国民利益。针对该法的宣示性及高度抽象和概括性,在该法实施过程中,我们首先应加大相关研究,为立法体系的进一步完善和有效实施打下基础;其次要协调好《对外关系法》与其他相关法律的关系;再次采取有效实施《对外关系法》的具体举措;最后要注重非国家行为体对实施《对外关系法》的影响与作用。

以涉外法律服务优化法治化营商环境:方向与路径

涉外法律服务是涉外法治工作的关键一环。完善涉外法律服务体系,需强化政府提供的涉外公共法律服务,为“请进来”的外国企业和公民提供法治化营商环境。对于“走出去”的中国企业和公民,既要加强中国驻外使领馆的涉外法务工作,为海外中国企业和公民提供优质的公共法律服务,还要鼓励和支持中国自己的律师事务所走出国门,把法律服务延伸到境外或国外的中国企业和公民,从而更好地维护中国的海外利益。与此同时,要以培养高素质的涉外法治人才队伍为依托,不断提升涉外法律服务质量,为日益增长的涉外法律服务需求提供充足有效的涉外法律服务供给,实现涉外法律服务需求与供给之间的有效平衡,实现涉外法律服务效益的最大化。

当代中西方规范权力与资本关系的德法之道

自从习近平总书记提出政商关系“亲、清”两原则以来,我国学术界围绕新时代政商关系抑或权力与资本关系的探讨日渐深入。由于中西方对待市场经济本质与作用的认知态度各不相同,致使其权力资本化的方式方法形同质异,资本权力化的生成路径迥然有别。特别是在全球经济数字化条件下,中西方权力与资本之间的运演机制面临更加复杂的伦理挑战:就数字权力资本化而言,它呈现出多种多样的表现形态;就数字资本权力化而言,也同样生成了类型各异的表现形式。为求解这些难题,必须对当代中西方权力与资本良性互动的底线道德、伦理规则和法治原则进行深度理论辨析,正确处理好三大问题:以何种态度对待弱势群体是权力与资本良性互动的道德前提,持续构建权力与资本良性互动的伦理规则体系,不断增强权力与资本良性互动的法治保障。唯其如此,才能有效应对和求解新时代我国政商关系(权力与资本关系)在理论和实践层面遇到的各种难题。

论涉外法治关系的法理结构及实践意义

本文从一个全新的法理视角来阐释从党的十八届四中全会《中共中央关于全面推进依法治国若干重大问题的决定》(以下简称《决定》)提出的“加强涉外法律工作”到党的十九届四中全会《中共中央关于坚持和完善中国特色社会主义制度推进国家治理体系和治理能力现代化若干重大问题的决定》(以下简称《决定》)确定的“加强涉外法治工作”政策术语演变背后的法理依据,并对作为习近平法治思想核心要义之一的“坚持统筹国内法治和涉外法治”的法理内涵进行了创新意义上的解读,其基本分析方法就是打破了传统法理学使用的法律关系概念的逻辑界限,用法理内涵和外延更加丰富的法治关系的概念来分析“统筹”国内法治和涉外法治关系中的各种法律问题,主张应当把制定法规则与法律秩序效果有机结合起来综合性地判断一个主权国家的法治状态,不能仅仅将研究视野停留在制定法规则占优势的传统法理上。本文在分析法治关系概念的建构功能时指出,在涉外法治关系体系中,法治关系的构成要素至少应当分为九个方面,包括法律规则要素、法律关系主体要素、法律关系客体要素、法律关系内容要素(主要是权利义务关系)、法律关系时空要素、法律关系手段要素、法律关系目的要素、法律关系效力要素和法律关系秩序要素。上述九个方面的法治关系构成要素只要其中一个类型的要素中包含“涉外”因素,那么,这种法治关系就具有了“涉外法治关系”的特性,就必须从整体上来协调法律关系中的法律规则与法律秩序之间的价值要求,统筹基于传统法律关系理论形成的“国内法治”与根据法治关系理论产生的“涉外法治”,以具有实效性的“法治”价值来保证涉外法律工作的制度化、规范化,不断提高涉外工作法治化水平。