On China’s Civil Law Codification and the Development of China’s Civil Law Scholarship

The development of the theoretical system of civil law scholarship and the codification of civil law are closely related and of promotional function to each other.The codification of civil law can promote the systematization of civil law scholarship,perfection of the value system,development and modernization of civil law studies,and the systematization of legal hermeneutics.The subjectivity of China’s civil law scholarship,i.e.,the notions of problem-orientation,nativeness,practice,the times and innovations,can be improved during China’s civil law codification.The codification of civil law can promote the development of a theoretical system of civil law scholarship with Chinese characteristics,including the development of diversified elements such as values,content,system,hermeneutics and methods of civil law.

A Study of International Arbitrators' Substantive Ethical Obligations and Chinese Strategies

The increased complexity and scales of international arbitration cases require a larger roster of righteous and experienced international arbitrators. The difficulty to define ethics or ethical obligation in the area of international arbitration has caused increased discussion and confusion. As a result,the tendency towards codification of ethical obligations would provide a more precise and practical mean to regulate arbitrators' behavior. The legal sources of ethical obligations of international arbitrators contain international conventions,national laws,arbitral institutions' rules as well as institutional codes of ethics. The main substantive ethical obligations include disclosing,investigating,conducting the arbitration in accordance with the arbitration agreement,maintaining confidentiality,being competent and diligent. Chinese authorities and foreign-related arbitral institutions should enhance the codification and uniformity of the international arbitrators' ethical obligations. The relevant strategies for revising the Arbitration Lawand arbitrators' ethical codes,unifying the foreign-related arbitration institution ethical rules and joining the harmonious progress of international arbitration should be considered correspondingly.

How Project-Based Organizations Cultivate Learning in Projects: A Social-Constructivist Perspective

A growing number of studies are now emphasizing the critical importance of learning and knowledge accumulation for firm-level competitiveness. Despite the growing awareness, relatively fewer project-based firms have institutionalized mechanisms to systematically capture new project knowledge and re-use it to improve the execution of subsequent projects. The peculiarity of projects presents unique challenges that make the cognitive approach to learning difficult to implement. As such, researchers are recommending the social constructivist perspective of learning as the most viable strategy for cultivating learning within and across projects. However, scant work has been undertaken from this sociological perspective to analyze how temporary organizations manage knowledge arising from and relating to projects. From this standpoint, the aim of this paper is to discuss the learning mechanisms of construction firms. The study adopted a quantitative strategy by employing a questionnaire survey into the learning practices of construction projects in Ghana. Drawing on preliminary findings from the literature, the study proposes a model for cultivating learning within projects from the social constructivist viewpoint. In the model, project management practitioners can purposefully nurture or structure a project learning activity through four mechanisms viz.: institutionalization, externalization, socialization and internalization. The proposed model is subsequently validated in an empirical study into the learning practices during the implementation of construction projects in Ghana. Based on the empirical results, it seems that knowledge sharing and transfers through the four aforementioned learning mechanisms proposed by the model are highly regarded within project management practice in Ghana.

The Development of China's Intellectual Property Law over the Past Forty Years of Reform and Opening Up

Over the past forty years of reform and opening-up,China has experienced vigorous development of Intellectual Property Law.During this period,it has successively enacted and promulgated a range of basic laws,among which are the Trademark Law of the PRC,the Patent Law of the PRC,the Copyright Law of the PRC and the AntiUnfair Competition Law of the PRC; and many other related laws and regulations,such as the Regulations of the PRC on the Protection of New Varieties of Plants,Regulations on Protection of Integrated Circuit Layout Design and Provisions on the Protection of Geographical Indication Products.In this way,China has gradually established a relatively sound and complete intellectual property law system.Since the beginning of reform and opening-up,China's practice of intellectual property legislation has adhered to its institutional positioning of being subject to its civil law,safeguarding effective market competition and ensuring the implementation of national strategies.It has followed the development rules of relying on scientific & technological progress,targeting economic and social development and adjusting public policies for guiding purposes.Thanks to this,China has formed multiple coordinating mechanisms to settle conflicts of interests between the protection of intellectual property rights(IPR) and the protection of basic human rights,public health,genetic resources,traditional knowledge,etc.In the future development of China's intellectual property law,a trend of codification will emerge,which will primarily "include intellectual property law in the civil code" or "enact an intellectual property code." The modernization of China's Intellectual Property Law will be manifested in the changes of the defining standard of Intellectual Property Rights(IPR)subjects,the utilization patterns of IPR objects and the protection models of intellectual property.This internationalization will center on creating a new order for international IPR protection.

The Legal Guarantee of the Right to Education Perspective of Completing the Building a Moderately Prosperous Society in All Respects

As we review the historical process of completing the building a moderately prosperous society in all respects,the rule of law through the right to education,which has played a leading and guaranteeing role in this process,has not only made great achievements,but also set the direction and path for the development of the education system and unleashed education’s momentum in driving social development.The rule of law through the right to education has been established and developed during the great practice of reform and opening-up.After we achieve the goal of realizing all-round moderate prosperity,it is necessary to straighten out the internal mechanisms concerning its next-step development and codify educational laws in order to further promote human rights progress in China.

Comparison and harmonization of building wind loading codes among the Asia-Pacific Economies

This paper reviews wind loading codes and standards in the Asia-Pacific Region,in particular in the 15 countries and areas.A general description of wind loading model is given as a famous wind loading chain described by four variables including velocity pressure,exposure factor,pressure coefficient,and gust response factor.Through the APEC-WW Workshops and the extensive calculations for three examples of low,medium and high rise buildings,these four important variables of wind loads are evaluated and compared with statistical parameters,mean values and coefficients of variation.The main results of the comparison show some differences among the 15 economies,and the reasons and further incorporation are discussed and suggested.

Traversing knowledge networks:an algorithmic historiography of extant literature on the Internet of Things(IoT)

Research on the Internet of Things(IoT)has been booming for the past 6 years due to technological advances and potential for application.Nonetheless,the rapid growth of IoT articles and the heterogeneous nature of IoT pose challenges to conducting a systematic review of IoT literature.This study seeks to address the abovementioned challenges by reviewing 1065 IoT articles retrieved from the International Statistical Institute Web of Science via a blend of quantitative citation analysis and qualitative content analysis.For the former,we generated a historiography of IoT research,a citation network,in which we tried to identify main paths of codification and diffusion,as well as path-dependent transitions.For the latter,we explicated the progression of knowledge through 30 central IoT articles in chronological order regarding infrastructures,enabling technologies,potential technologies,and research challenges.Findings from this study contribute to both IoT research and management.

The Modernization of Chinese Civil Law over Four Decades

This article reviews the historical development of Chinese civil law since reform and opening up of China and argues that the primary achievement of civil law legislation over the last four decades has been the formation of a comprehensive civil legal system.Today's civil law system in China not only satisfies the institutional requirements for building a market economy but also constructs a legal rights system and establishes fundamental civil law principles,such as individual autonomy,equal protection,good faith,and fairness.In the 40 years since reform and opening up,there have been significant innovations with regard to the specific systems,systemic structures,and fiindamental principles of Chinese civil law.This article summarizes the experiences of China's civil law legislation since reform and opening up and looks ahead to how the anticipated "civil law codification" suitable for the modem era will develop a modem legal code based on China's domestic circumstances.

China's Mode for Compiling an Environmental Code

"Basic law+separate laws"and codification are the two modes countries worldwide adopted for enacting environmental legislation in line with their national circumstances and legal traditions.Following the goal of establishing a modern environmental governance system,the mode"moderate codification"should be China's choice for compiling an environmental code."Moderate codification"is a dynamic and open substantive code-compiling mode.Based on idea changes and method innovations,it builds a basic logic system with the goal value as the core and the tool value as the technical method.An environmental code following the"moderate codification"mode can use the structure of"General-Specifics."The General Part"extracts common factors"and elaborates the legislative purposes,basic principles,management rules and lead measures that dominate the overall situations and are universally applicable.Then each Specific Part(they form Specifics)compiles and integrates the relevant prevailing laws and regulations,and further regulate environmental factors.Therefore,the cornerstone concept ofeco-environment"'should be defined and the environmental legal relationships should be clarified."Environmental code"derives from"dual source-of-law"and considers sustainable development as its value goal,takes the"eco-environment"as its cornerstone concept,and regards the legal relationship as its systematic tool for constructing its framework system.

TOWARDS A GLOBAL UNDERSTANDING OF THE HUMANE TREATMENT OF CAPTURED ENEMY FIGHTERS

The prevailing narrative instructs us that humane treatment of captured enemy fighters is down to white knights from the western parts of the European continent with their codes of chivalry, or alternatively, the Swiss businessman Henri Dunant. This contribution challenges that narrative for overlooking, or being ignorant of, the way that societies around the world have approached the matter of the captured enemy fighter. Traces of some of the critical principles about humane treatment that we see in our present law can actually be found in much older societies from outside of Europe. A more accurate and representative way of understanding humanitarianism in the treatment of captured enemy fighters can and must be crafted, with the prevailing Euro-centric account balanced with practices, cultures and faiths from elsewhere. The quest to achieve more humane treatment in armed conflict is first and foremost a battle of the intellect. Narratives and conceptualisations that are more inclusive, recognising and appreciating of the ways of the rest of the world are likely to be more effective in communicating humanitarian ideals. This work adopts a new method of approaching the richness and diversity of the treatment of captured enemy fighters over time and space. This new framework of analysis uses six cross-cutting themes to facilitate a broader international and comparative perspective, and develop a more sophisticated level of understanding. The first theme is how older and indigenous societies approached the matter of captured enemy fighters. The second focuses on religions of the world, and what they teach or require. The third section examines the matter of martial practices and codes of ethics for combatants in certain societies. The fourth category engages with colonisation and decolonisation, and regulation （or non-regulation） of the treatment of captives of war. Fifth is the issue of modernisation and the impact it has had on armed forces and fighters, including on the treatment of captives. The final issue is the shift towards formalised agreements, beginning with the first bilateral agreements and then the multilateral codification exercise that began in the mid-19th century and continues to this day. This framework for analysis leads into a final chapter, presenting a fresh and holistic view on the evolution of prisoner of war protections in the international order. It provides a different way of looking at International Humanitarian Law, starting with this effort at a global understanding of the treatment of captured enemy fighters.