China Academy of Arbitration Law First Publishes China International Commercial Arbitration Annual Report

At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Annual Report (2014).This is the first report released

Handling Corruption in International Commercial Arbitration

Corruption is defined as abuse of entrusted power for private gain.~①Transparency International Corruption Perceptions Index 2014 shows that among 175 countries/territories in the world,"not one single country gets a perfect score and more than two-thirds score below50,on a scale from 0(highly corrupt)to 100(very clean)".~②The sectors most seriously affected by corruption include public procurement,construction and estate,energy,pharmaceutical and health care,transportation,etc.

Review and Prospect for the International Commercial Satellite Launch Services

Prosperous Satellite Communications China is the birthplace of therocket.In the twelfth century,China began creating and usingthe rocket,which was believedthe oldest vehicle in the world.Its invention and creation demon-strates the outstanding intelli-gence and ability of the ancientChinese people. The splendid ancient civiliza-tions of China and other countriesjointly carried within themselvesthe seeds of modern space tech-nology.Through unremitting ef-forts of several thousand years,people’s good wish to fly into andexplore sapce has at last cometrue.Space technology has be-come an area which uses the

Notes on the Appfication of the CISG to Some International Commercial Cases

本文系作者根据其办理国际商事案的笔记整理撰写，主要涉及《销售公约》的适用、公约与内国法的互动、国际法优先、原《涉外经济合同法》第6条规定的缺陷及其对中国仲裁员的但他们却往往没有意识到的负面影响；作者还希图让同行注意澳大利亚学者MarcusSJacobs在其专门为中国同行撰写的文章中对《销售公约》适用的见解。

Security for Costs in International Commercial Arbitration

费用担保是指仲裁庭采取的裁令申请人为被申请人的仲裁费用提供一定数额的担保,以保障在申请人败诉时费用裁决得以执行的措施。费用担保是一种特殊的临时措施,在适用标准上有其特殊性。如仲裁法或仲裁协议没有明确排除,则仲裁庭便享有采取费用担保的权力。在考虑是否采取费用担保时,仲裁庭应考虑双方胜诉的可能性、是否公平、申请人遵守不利费用裁决的能力以及申请人财产的可供执行性。其中,上述第三个因素可以通过申请人和被申请人的行为等主观因素,以及申请人的经济状况是否发生实质变化、申请人是否有足够资产用于执行不利裁决、申请人是否能够获得资助以遵守费用裁决、是否存在不利于执行裁决的因素,以及被申请人是否接受了商业风险等客观因素反映出来。本文建议引入费用担保制度,在未来修改《仲裁法》时将采取临时措施的权力授予仲裁庭,并单独将费用担保规定在一个条款内。

“私国际法”和“International Private Law”考证

国际私法学科的中英文名称是一个有争议的问题,中文名称"私国际法"和英文名称"International Private Law"就是两例。将"Private International Law"直译为中文"私国际法",违反了术语系统性和一致性的特点,也不符合英汉两种语言之间的句法结构和篇章结构的差异。将德文"Internationalen Privatrechts"直译为英文"International Private Law",违反了术语国际性和一致性的特点。所以,该学科的英文名称应为"Private International Law",也应中译为"国际私法";同时,取消中文名称"私国际法"和英文名称"International Private Law"。

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?

Building a Community with a Shared Future for Mankind: International Law-based Principles and Approaches

Building a community with a shared future for mankind is an important guiding principle for China to address foreign affairs in this new era, and its profound connotations echo the spirit of international law. In the context of globalization, the ever-increasing common interests of the international community lay a material basis for building a community with a shared future for mankind. The doctrine of international community orientation, which is based on sovereignty and at the same time transcends sovereignty, forms an ideological basis for building a community with a shared future. Realizing international socialism and striking a balance between formalism and substantial justice is a moral prerequisite for building a community with a shared future. To reduce existing legal obstacles to international communications, the laws of all countries and regions exhibit a tendency towards legal assimilation, which is expected to be a domestic law approach to the building of a community with a shared future for mankind. The establishment of international legal systems and the development of international organizations have vigorously promoted and maintained world peace yet failed to bring about perpetual peace. International law should attach more importance to the facilitation of human inner peace so as to realize perpetual peace. This is a new international law-based approach to the building of a community with a shared future for mankind. China's peaceful rise, which is based on traditional Chinese culture and the basic principles of international law, is China's special contribution to this great cause.

Data-driven modeling on anisotropic mechanical behavior of brain tissue with internal pressure

Brain tissue is one of the softest parts of the human body,composed of white matter and grey matter.The mechanical behavior of the brain tissue plays an essential role in regulating brain morphology and brain function.Besides,traumatic brain injury(TBI)and various brain diseases are also greatly influenced by the brain's mechanical properties.Whether white matter or grey matter,brain tissue contains multiscale structures composed of neurons,glial cells,fibers,blood vessels,etc.,each with different mechanical properties.As such,brain tissue exhibits complex mechanical behavior,usually with strong nonlinearity,heterogeneity,and directional dependence.Building a constitutive law for multiscale brain tissue using traditional function-based approaches can be very challenging.Instead,this paper proposes a data-driven approach to establish the desired mechanical model of brain tissue.We focus on blood vessels with internal pressure embedded in a white or grey matter matrix material to demonstrate our approach.The matrix is described by an isotropic or anisotropic nonlinear elastic model.A representative unit cell(RUC)with blood vessels is built,which is used to generate the stress-strain data under different internal blood pressure and various proportional displacement loading paths.The generated stress-strain data is then used to train a mechanical law using artificial neural networks to predict the macroscopic mechanical response of brain tissue under different internal pressures.Finally,the trained material model is implemented into finite element software to predict the mechanical behavior of a whole brain under intracranial pressure and distributed body forces.Compared with a direct numerical simulation that employs a reference material model,our proposed approach greatly reduces the computational cost and improves modeling efficiency.The predictions made by our trained model demonstrate sufficient accuracy.Specifically,we find that the level of internal blood pressure can greatly influence stress distribution and determine the possible related damage behaviors.

On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission

The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council

The Application of International Law with Regard to Cyber War in Terms of the Tallinn Manual 2.0

The study of international law and regulation of cyber war in the Tallinn Manual 2.0 is questionable with regard to attribution, the use of force, the exercise of the right of self-defense, the application of the principle of distinction, and even the definition of‘cyber war'. The application of contemporary law of war to cyberspace, including the militarization of cyberspace itself, should be reviewed judiciously. The construction of a cyberspace community with a shared future may be a better way out.

General Provisions of the Civil Law and Commercial Legislation: Consensus, Problems and Options——Taking Commercial Agency as an Example

In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification.

ASEAN Commitment to Sustainable Development in the Regional International Environmental Law Perspective

The World Commission on Environment and Development in its report entitled“Our Common Future”has put forward the idea of sustainable development which is also an important part of the development of regional environmental law in Southeast Asia.In 1985 ASEAN Agreement on the Nature and Natural Resources has put sustainable development for the first time in ASEAN’s treaty.Sustainable development continues to grow through the 1987 Jakarta Resolution on Sustainable Development agreed upon by the leaders of ASEAN.This research will look at the importance of sustainable development as part of the regional environmental international law concept and how it has grown in ASEAN today.The purpose of this research is to know the various international agreements both soft law and hard law that puts sustainable development as an important element.The results show that sustainable development has become an integral part of the regional international environmental legal system in ASEAN.A provisional conclusion shows that ASEAN’s commitment to sustainable development has greatly improved the success of implementing environmental policies at the ASEAN level.

Human Rights Education in the Perspective of International Human Rights Law

In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of ＂human rights for all,＂ as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system.

International Law on Liability and Compensation in the Offshore Oil ＆ Gas Industry

Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and can cover a vast geographical area. As such, it raises the question as to whether liability and compensation in oil ＆ gas related incidents should be covered under international law. Current international legislation addresses the issue mainly in terms of shipping. This paper attempts to shed light on the topic in relation to oil and gas exploration whilst investigating notable events in the UK and the USA. The findings show that domestic laws of these countries cover the matter sufficiently. However, the question of whether the regulation should fall under international regulation can unfortunately not be answered with confidence as it would require a test-case of a situation where an oil spill affects multiple littoral states.

Vietnamese State Budget Accounting With the Relationships Between the State Budget Law and International Public Sector Accounting Standards （IPSAS）＊ Pham Quang Huy University of Economics, Ho Chi Minh City, Vietnam

For a long time, Vietnam has modifications in all aspects in the society. For many years, Vietnam has improved features in administrative works as well as in different areas, such as public administration, finance, and accounting In the accounting content, budget accounting is an important thing which is worth noting. However, along with the achievements, Vietnam is also facing a number of limitations to be overcome for ensuring transparency in the state budget. Since then, the main purpose of the article is to provide a general picture of budget accounting in Vietnam and what has not been done through finding the relationships with budget regulations and international public sector accounting. The results showed that Vietnam will transform and issue the new law on budget and build up a new model for controlling information published by data accounting system in the future.

How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law

The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.

One Belt And One Road Policy from the Perspective of International Law

"One Belt And One Road" is a major initiative put forward by China in the new historical period in accordance with the new development and changes in the international and domestic situation, and has been praised internationally. This paper makes an in-depth analysis of One Belt And One Road from the perspective of international law. Starting from the relationship between international law and One Belt And One Road, it explores the purpose, approach and existing realistic dilemma of One Belt And One Road from the perspective of international law, in order to put forward some useful insights for the rapid promotion of One Belt And One Road in China.

On the Commercial Bank Law

The Commercial Bank Law of the People’s Republic of China, adopted by the Standing Committee of the National People’s Congress, came into effect on July 1. As a major event in the financial sector, the law has captured attention worldwide. Mr. Ying Jieyan, Vice-governor of the People’s Bank of China, recently gave an introduction to the law.

Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law.