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宪法学说史上之“国家”主权说 被引量:2
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作者 钱宁峰 《江海学刊》 CSSCI 北大核心 2008年第6期124-128,共5页
"国家"主权说是近代德国宪法学中与人民主权说、君主主权说相似的一种主权学说。国家有机体说、国家法律人格说和主权概念的流传是"国家"主权说产生的理论前提。"国家"主权说的哲学表达是由黑格尔完成的... "国家"主权说是近代德国宪法学中与人民主权说、君主主权说相似的一种主权学说。国家有机体说、国家法律人格说和主权概念的流传是"国家"主权说产生的理论前提。"国家"主权说的哲学表达是由黑格尔完成的,在法学领域的阐述最早由布伦奇利提出,基尔克完成了该学说的经典表述。它也流行于近代日本和近代中国,并对当时的立宪活动产生了深远影响。"国家"主权说在宪法学说史上具有重要地位,其调和了人民主权说和君主主权说的相互对立关系,并且至今仍为一些国家宪法采纳。不过,这种学说因内在的矛盾必然为人民主权说所取代。 展开更多
关键词 宪法学说 “国家”主权 主权 国家有机体 国家法律人格
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A Study on China's Marine Rights and Interests and Their Maintenance 被引量:2
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作者 LIU Yang PEI Zhaobin 《Journal of Shipping and Ocean Engineering》 2017年第1期43-49,共7页
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 situati... 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. 展开更多
关键词 Marine rights and interests the United Nations Convention on the law international cooperation.
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Analysis of Western Countries' Anti-globalization
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作者 Liu Mingli 《Contemporary International Relations》 2017年第2期40-50,共11页
Anti-globalization trends are in play in the US and Western Europe where electorates are recalcitrant to allow immigrants into their societies, national sovereignty is sought in certain geographic areas, and the natio... Anti-globalization trends are in play in the US and Western Europe where electorates are recalcitrant to allow immigrants into their societies, national sovereignty is sought in certain geographic areas, and the national mood seeks to suppress newly rising countries' trade and development. The continuation of economic downturn in Western countries is reinforced by their internal wealth gap and external competition. As capitalism's demand for profit is now being critiqued along with the emergent profit prospects to be delivered by pending technological progress, the temper of the times could temporarily slow down but not reverse globalization. Timely discussions about reform of international economic order and about an effective national development model should seek sustainable solutions for healthy, stable globalization and development of the world economy. 展开更多
关键词 ANTI-GLOBALIZATION world economy EU US
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Cyberspace: A New Threat to the Sovereignty of the State
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作者 Jackson Adams Mohamad Albakajai 《Management Studies》 2016年第6期256-265,共10页
This paper discusses one of the contemporary challenging issues--it is the challenge of e-commerce to the sovereignty of the state, where governments are unable to implement their own laws on disputed cases resulting ... This paper discusses one of the contemporary challenging issues--it is the challenge of e-commerce to the sovereignty of the state, where governments are unable to implement their own laws on disputed cases resulting from trans-border e-commerce interactions. The objective of the current research is to draw attention to the impact of international characteristics of e-commerce on the sovereignty of state, and to identify the factors affecting this sovereignty. The issue of the dynamieity of time and place will be taken into consideration, where activities carded out over the internet are characterized by their cross-border dimension. Based on real e-commerce case studies disputed on international level, this paper will draw on the legal perspective of cyberspace, identifying the relationship between cyberspace and state sovereignty, and outlining the mechanisms by which cyberspace could cross borders and the territory of the state despite all the precautions taken by the state to protect its sovereignty. 展开更多
关键词 CYBERSPACE SOVEREIGNTY TIME SPACE soft law
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Social Freedom and Deprivation
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作者 Kiyokazu Nakatomi Meiji University Tokyo, Japan 《History Research》 2012年第6期377-383,共7页
What is the true sense of freedom? Man is free and lacks freedom. The author considers the example of Louis XIV. It seemed that he held the sovereignty as the king of the absolute monarchy and the greatest freedom. B... What is the true sense of freedom? Man is free and lacks freedom. The author considers the example of Louis XIV. It seemed that he held the sovereignty as the king of the absolute monarchy and the greatest freedom. But all his teeth were pulled out to protect him from illness and in his exercise as the king, he had many official obligations. Though he was king, he was free and lacked freedom. According to J. J. Rousseau (1762) who discussed the principle of freedom and oppression (deprivation), if man realizes freedom, it needs to express his duty and subordination to the state. Therefore man is free and lacks freedom. What is the situation of contemporary citizens? Instead of the oppression by the state, the citizen is controlled by the mass media. The best example is the drama observed about the prime ministers of Japan. There were many manipulations by the mass media. For our benefit we need to educate the persons who have good sense. We should remember that our freedom is not absolute. We are free and lack freedom, too. Often man searches freedom and comfort but often, on the contrary, he faces the lack of freedom. Electricity that is produced by a nuclear plant is useful, but the explosion of the nuclear plant creates a huge damage and tragedy, In a sense, deprivation is larger than freedom, because it could teach us self- awareness, moderation and let us know that we have enough. 展开更多
关键词 DEPRIVATION FREEDOM J. J. Rousseau MEDIA moderation
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On National Sovereignty under Economic Globalization
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作者 YuShiyou WanXinrong ShiWei 《Ecological Economy》 2005年第1期87-91,共5页
Formally, national sovereignty can be identified as hard and soft;social-structurally,it consists of politi- cal sovereignty, economic sovereignty and cultural sovereignty. With the globalization of world economy,na- ... Formally, national sovereignty can be identified as hard and soft;social-structurally,it consists of politi- cal sovereignty, economic sovereignty and cultural sovereignty. With the globalization of world economy,na- tional sovereignty is changing.Our country is now confronted by three major challenges: the independence of economic sovereignty,the integrity of political sovereignty and the equality of cultural sovereignty. This research probes how to maximize national benefits under globalization. 展开更多
关键词 GLOBALIZATION national sovereignty maximum benefits TRANSFERENCE
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Followers of the Social Media Network and National Security
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作者 Yu Chen 《International English Education Research》 2014年第9期44-46,共3页
With the social media networks development quickly, the followers of the social media network' s behaviors have taken a lot of damagers and threats to national security, and made the nation into unstable situations, ... With the social media networks development quickly, the followers of the social media network' s behaviors have taken a lot of damagers and threats to national security, and made the nation into unstable situations, even subverted the national sovereignty .This paper analyzes the characters of the followers of the social media in the Ira, Tunisia, Egypt and Libya's turmoil, concludes constructive suggestions how to ensure national stability and harmonious development, has some positive effect to our national security. 展开更多
关键词 Social Media Networks FOLLOWERS National Security
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The Influence of Global Governance upon State Governance
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作者 吴志成 Huang Deyuan 《Social Sciences in China》 2016年第4期164-174,共11页
The constant deepening of globalization is bringing all countries into the same global village, and intensified the coordination, interaction and mutual checks of global and state governance. Global governance advocat... The constant deepening of globalization is bringing all countries into the same global village, and intensified the coordination, interaction and mutual checks of global and state governance. Global governance advocates the whole of the interdependent destiny and common interests of mankind, and the extension of shared national responsibilities, challenges and risks to the whole globe instead of restricting them to certain regions or countries. Global governance is increasingly exerting a profound influence upon state governance in many respects, among them values, concepts, mechanisms, structures and actors, and is giving an external impetus to the modernization of state govemance. 展开更多
关键词 global governance state governance global issues international rules national sovereignty
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