1例LASA药品用药错误的分析与启示

针对1例LASA药品用药错误案例,分析用药错误原因,制定LASA药品规范管理制度,开展医务人员LASA药品用药安全培训,优化HIS功能,规范工作流程等改进措施并实施。对医院提出了健全LASA药品管理制度,优化医院信息系统,营造患者安全文化氛围等建议;对医务人员提出了积极参与合理用药专项培训,学习LASA药品相关知识,制定患者参与用药安全策略等建议;对患者提出了树立用药安全意识,主动参与查对等建议;同时建议药品监管机构、药品生产商、行业学会从源头规范LASA药品管理模式,以期减少LASA药品用药差错,确保用药安全。

Optimizing the PMCC Algorithm for Infrasound and Seismic Nuclear Treaty Monitoring

We introduce novel methods to determine optimum detection thresholds for the Progressive Multi-Channel Correlation (PMCC) algorithm used by the International Data Centre (IDC) to perform infrasound and seismic station-level nuclear-event detection. Receiver Operating Characteristic (ROC) curve analysis is used with real ground truth data to determine the trade-off between the probability of detection (PD) and the false alarm rate (FAR) at various detection thresholds. Further, statistical detection theory via maximum a posteriori and Bayes cost approaches is used to determine station-level optimum “family” size thresholds before detections should be considered for network-level processing. These threshold-determining methods are extensible for family-characterizing statistics other than “size,” such as a family’s collective F-statistic or signal-to-noise ratio (SNR). Therefore, the reliability of analysts’ decisions as to whether families should be preserved for network-level processing can only benefit from access to multiple, independent, optimum decision thresholds based upon size, F-statistic, SNR, etc.

Stylistic Characteristics of Maritime Treaty English

Maritime treaty English has peculiarity in linguistic characteristics. As a sub-register of legal language, maritime treaty English is considered to be very difficult to comprehend. This paper attempts to analyze its stylistic characteristics at the lexicalsyntactic level based on four international maritime treaties including STCW, SOLAS, MARPOL and ISM Code. It is concluded that understanding of these characteristics is both necessary and helpful in learning and teaching maritime treaty English.

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.

A Case for the Modifiability of the San Francisco Peace Treaty: Examining the Varying Positions of the U.S. and Britain Over South Korean Participation

Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.

The San Francisco Peace Treaty and the Problems Regarding Japan’s Exemption from Blame for the Colonization of Korea

The 1951 San Francisco Peace Treaty was the one and only international opportunity that would have allowed demanding for Japan’s responsibility of the colonization of Korea.However,the United States did not demand of such to be done.Soon,Korea and Japan resumed their diplomatic relationship and had their first summit in 1952.After numerous negotiations,finally in 1965,the“Korea-Japan Treaty”was agreed upon.Even in this treaty,the interpretation of the colonization was different for both countries and ultimately resulted as an unresolved issue.This is because of the Japanese dependence to the San Francisco Peace Treaty.On the other hand,the League of Nations,founded in 1920,believed that the systematization of international law was vital to keeping international peace.Therefore,they put much effort in and successfully carried out the codification of international law.The“Report on the law of Treaties”which was completed in 1935,noted that the“1905 Protectorate Treaty”,which was the ultimate treaty that led to Korea being annexed by the Japanese,was one of the three treaties that had no effective standing.This decision was carried out to the International Law Commission of the United Nations in 1963 and became a Resolution after being submitted to the General Assembly in the end of the same year.Using the decisions of the League of Nations and the United Nations as evidence,this paper critically reviews the San Francisco Peace Treaty’s lack of reviewing the Japanese responsibility of the colonization of Korea.

From the Rover Incident to the Nanjia Treaty―Whose Conflict? Whose Treaty?

This paper will focus on the Rover Incident of 1867 and the subsequent Nanjia Treaty;the main protagonists of the incident were the Kuraluts indigenous people;and different perspectives will be explored by integrating archaeological and historical data.The Rover Incident,a conflict between the Kuraluts and the United States,led to the Nanjia Treaty(Treaty of the Southern Headland),a reconciliation between the US and Tauketok,pre-eminent leader of 18 indigenous communities inhabiting this region.From the geographic location of the Kuraluts Village(Sheding Site),however,as well as from foreign coins and blue-and-white ceramics found as funerary objects inside stone coffins,it would seem that such contacts with the outside world were relatively frequent.Moreover,due to the aborigines’ability to make use of knowledge of the local geography and their military skills to defeat forces from the US’s naval fleet―which also indicates they were familiar with weaknesses in the military operations of foreign vessels―as a result,neither the US side nor Tauketok seemed to have any need to resort to the use of military force.

Do Bilateral Investment Treaties Attract Foreign Direct Investment to Developing Countries？ A Review of the Empirical Literature

States have signed over 3,000 bilateral investment treaties （BITs）. BITs stipulate the terms and conditions by which foreign investors from one country must be treated in another. A series of empirical studies have asked the question, do BITs increase foreign direct investment to less developed countries？ This paper reviews the literature. While the studies come to conflicting results, most studies suffer from the same methodological misstep--they fail to account for variation in treaties. The paper concludes that the most productive path forward for future research efforts includes using dyadic research designs that account for variation in BITs.

On the “Concluding Observations” of the United Nations Human Rights Treaty Bodies

The concluding observations are comments and recommendations made by the treaty bodies to the country after reviewing the reports of specific State Parties with a view to monitoring the State Parties’compliance.although these opinions are not legally binding,they do have a certain authority.When deciding whether to endorse this authority and accept the recommendations,the State party will focus on the legality of the concluding observations.The legality of the concluding observations is influenced by three factors,the first one is the formal relevance between the recommendations and the relevant treaty provisions;the second one is the substantive relevance between them;the third is the extent to which the treaty interpretation rules are followed.For the concluding observations of treaty bodies against china,we should treat them separately.The feasible recommendations that are most closely related to treaty obligations should be adopted as far as possible.appropriate consideration should be given to general policy recommendations,and recommendations that are completely unrelated to treaty obligations can be ignored.

On Translation Approaches of International Treaties from English to Chinese-A Case Study of CISG

With the acceleration of the process of globalization and the more important role China is playing on international stage,both our economic systems and our notions of right and system of law should and had to be improved to attune to new conditions.In this process,many laws and customs including international treaties need to be translated from English to Chinese to make it convenient for scholars,researchers and legal workers and practitioners in law to study and practice.However,theoretical research on legal translation,especially from the perspective of standards of the translation of treaties,still lags behind.

On the Normative Structure of International Human Rights Treaties Monitoring Mechanisms and Its Legal Challenges

The Charter bodies established under the United Nations Charter and the treaty bodies established on the basis of international human rights treaties constitute the two major means of supervising the implementation of international human rights treaties.The treaty bodies responsible for monitoring the implementation of international human right treaties have gradually formed a four-fold supervision system consisting of state reporting,inter-state complaints,individual complaints and inquiry procedures.These quasi-judicial procedures are responsible for overseeing the implementation of international human right treaties.The practice of treaty body procedures has profoundly affected the development of modern international human rights law and is promoting the improvement of international human right treaty monitoring mechanisms.But due to the constraints of international politics,economic structure and related historical conditions,treaty bodies still face severe challenges.The improvement of the four major procedures will promote the development of the international human rights cause.

Jordan＇s King Hussein＇s Peace Initiative and the Treaty with Israel： Overcoming Domestic and Foreign Pressures

The Wadi ＇Araba peace treaty which Jordan＇s King Hussein signed with Israel on October 26, 1994 became a target of criticism ever since it became known to the Jordanian public. Intense pressure was exerted on the Jordanian government to revoke the treaty even before its signature. The opposition to it reached its peak in the following year, when the tension in the holy sites in Jerusalem mounted. Given the persistence of the Arab-Israeli conflict and the fact that the Palestinian issue remained unresolved, it was clear that the King was aware of the potential danger of signing a peace accord with Israel, and that he was prepared to face criticism not only from the Arab states but also from nationalists, Islamists and Leftists all of whom disapproved of his decision. Yet the King remained undeterred and boldly carried on the discussions that culminated in the peace treaty＇s signature. Bearing in mind the fact the Egypt was the first country to sign a peace treaty with Israel it seemed as if there was little risk involved in the normalization process, and that the opposition to the treaty would soon subside. As it turned out, however, the pressure to abrogate it continues to mount.

The Right to Work of Chinese Ethnic Minorities:Replies to Concerns and Suggestions of the UN Human Rights Treaty Bodies

The UN Human Rights Treaty Bodies have repeatedly raised concerns about the Chinese government’s fulfillment of its obligations to safeguard the right to work of ethnic minorities, including the insufficiency of materials, the asymmetry of employment conditions between migrating Han and other ethnic groups, as well as so-called pervasive discrimination against non-Han ethnic workers. The UN Human Rights Treaty Bodies raised these concerns based on various facts and the rationality of their suggestions differ. China has replied accordingly. China should continue to reply based on the facts, and it should accept those suggestions that are reasonable and on facts.When addressing suggestions that are not based on facts, we should identify the nature of the problems and eliminate misunderstanding by clarifying the facts and encouraging friendly dialogue.

The Human Rights Attributes of the Marrakesh Treaty and Its Practical Significance

An in-depth analysis of the human rights attributes of the Marrakesh Treaty helps clarify theoretical issues such as whether there is a conflict between copyrights and human rights, and solve the problems of system design and law enforcement in terms of authorized entities and accessible formats. This paper discusses the human rights perspective contained in the Marrakesh Treaty from the background,positioning, and content of the treaty, and puts forward suggestions on policies and laws for the implementation of the Marrakesh Treaty based on the implementation of the treaty in the Chinese legal system.

The Logical Construction of International Its Realization Path——Taking the Marrakesh Treaty as an Example

The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe.With the changes of the times,the content and way of international communication regarding the rule of law are changing constantly.In the era of globalization,countries have strengthened rational communication and dialogue mainly by concluding international treaties to convey the concept of the rule of law.For the international communication of the rule of law,it is necessary to take into account three elements:Subject,content,and audience.Targeted strategies are adopted to present the characteristics of diversified subjects,rich content,and stratified audience.The agenda-setting,spiral of silence,and cultivation theories provide positive guidance for international communication.The audience survey and content analysis methods can achieve good effects in spreading the rule of law.It is necessary to integrate multiple subjects,create rich content,carry out targeted strategies to different audience,underscore the evaluation of effects,and train talents to strengthen the international communication of the rule of law.

The Implementation of the Marrakesh Treaty in China:Theoretical Disputes and Institutional Arrangements

The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.

Interpretation of the Marrakesh Treaty Based on the Human Rights Model of Disability

The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.

双边投资协定网络的演化机制——基于多维邻近性视角

利用社会网络分析方法考察了双边投资协定(BITs)网络的历史演化特征与驱动机制。研究发现,BITs网络大致经历了初步形成、迅猛发展和结构调整三个阶段,呈现出一个较完整的S型增长,网络核心—半核心—边缘结构实现了由“金字塔”向“橄榄球”的转变。以多维邻近性为视角,运用时间指数随机图模型对BITs网络形成的影响因素进行分析,结果显示,多维邻近性是驱动BITs网络形成的重要力量,经济和制度邻近性对BITs关系的形成有负向影响,贸易水平、地理和社会邻近性对BITs关系的形成有正向影响。然而,2008年金融危机改变了BITs网络的结构特征,金融危机后BITs网络呈现分散化、多边化发展趋势,某些邻近性变量影响不再显著,社会环境类因素成为影响BITs网络的关键因素。

不同灵芝菌株在拉萨种植适应性研究

为筛选获得适宜西藏地区栽培的优质灵芝菌株,以6个不同灵芝菌株为试材,采用袋料栽培,比较分析灵芝菌株主要农艺性状及子实体活性成分含量。多基因测序和聚类分析结果显示菌株15和26均为白肉灵芝;菌株26子实体平均单株质量最高,为82.01 g,菌盖直径最大,为16.00 cm,生物学效率最高,为23.60%;菌株15子实体中三萜含量最高,为1.91%,比药典高出282.00%,菌株26次之,为1.88%,灵芝菌株15子实体中多糖含量最高,为1.27%,菌株26次之,为1.13%,菌株15和26的多糖和三萜含量显著高于其他灵芝菌株,结合主要农艺性状、生物学效率和活性成分含量来判断,白肉灵芝15和26均适宜拉萨地区种植推广。

试析国内与国际视域下的条约解释协调规则

条约解释协调规则旨在避免国内法院适用本国法的法律解释与该国承担义务(尤其是条约义务)的国际法相冲突,或者是国内法院与行政部门对涉案法律的解释冲突。在国内与国际视域下考察此类规则,有助于全面客观地认识其适用限制或现状,防止生搬硬套。中国在加入世界贸易组织之后制定实施的条约解释协调规则,有些存在适用上的困惑。对此,应在统筹推进国内法治和涉外法治思想的指导下,结合国内与国际视域,全面客观地分析、评估源于美国判例法的条约解释协调规则,从中国国情出发,打破通常涉外案件的界定,重新认识各级人民法院适用条约转化的国内法时进行条约解释的涉外性。