The power and interest of industrial manufacturers are determined by their status in the relations of production.At the international level,countries see their economic and political status rise only when they climb t...The power and interest of industrial manufacturers are determined by their status in the relations of production.At the international level,countries see their economic and political status rise only when they climb the ladder in the international division of labor.As the primary production forces,science and technology are the main drivers behind such change.As new technologies give rise to new industries and restructure the international division of labor,developed countries strive to enhance the protection of their intellectual property rights(IPR)and safeguard their monopoly over core technologies.For developed countries,technological prowess holds the key to their supremacy in the global supply chain and international relations.The 19 th CPC National Congress makes clear the overarching goal in the new era is to rejuvenate the Chinese nation and turn China into a strong modern country.As an important material condition for achieving this goal,China must transition from being medium-and low-end links in the international division of labor to becoming high-end links.In this process,China will encounter backlash from developed countries that lead in the international division of labor.The recent China-US tussle over trade in high-tech goods is a case in point,and should be viewed through the lens of the relations of production and the international division of labor.The insights thus achieved will be of great significance to China’s future development.展开更多
Protecting the rights and interests of workers and staff members constitutes an important aspect of China＇s human rights protection. At the time when the country is dealing with impacts of the global financial crisis...Protecting the rights and interests of workers and staff members constitutes an important aspect of China＇s human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject.展开更多
This paper presents an ex-ante assessment of the potential implications of the 2011 Human Rights Watch Report on the South African fruit industry. The report explicitly mentions the lack of compliance with ethical cod...This paper presents an ex-ante assessment of the potential implications of the 2011 Human Rights Watch Report on the South African fruit industry. The report explicitly mentions the lack of compliance with ethical codes within the fruit industry, the prevalence of exploitative conditions for farm workers and diverse human rights abuses in farms. The report recommends import ban on culprits as well as engaging third party auditing to ensure compliance. The high vulnerability of the smallholder farmers justified the special interest in the implications on their reputation and hence their ability to access profitable export markets. Although large-scale commercial farmers are potentially at risk of reputational damage due to the Human Rights Watch Report, they are better able to cope owing to their stronger capital base. The opinions of knowledgeable industry insiders were therefore elicited through qualitative research that used a five-point Likert scale to assess perceptions about market access. On the basis of the results, it is probable that the report will lead to improved working conditions for farm workers, improved concern for consumers＇ health, and enforcement of legislation by the govemment. The negative implications involve increased competition, possibility of retailers＇ rationalising their supply base and increased evaluation that ends at the farm gate. There is also high probability of increased marginalisation of the already disadvantaged smallholder suppliers, and possible increase in costs of auditing and accreditation for the entire fruit industry. Thus, active collaboration among all stakeholders to ensure the competitiveness of the fruit industry is inevitable.展开更多
The trademark right refers to the dominating right that the trademark owners enjoy on the use of the trademark, which is an important intellectual property right. The objects of the trademark right should include all ...The trademark right refers to the dominating right that the trademark owners enjoy on the use of the trademark, which is an important intellectual property right. The objects of the trademark right should include all the rights of the use of the trademark, which not only include the registered trademark, but also include the unregistered trademark that has been used. The trade name is the logo of the legal persons or other organizations in the civil and commercial activities to mark themselves and differ from others.展开更多
On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washi...On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.展开更多
Agricultural water allocation system based on priority rights has caused regional conflicts and downstream ecological degradation. It is the urgent need to introduce the concept of the initial water rights and establi...Agricultural water allocation system based on priority rights has caused regional conflicts and downstream ecological degradation. It is the urgent need to introduce the concept of the initial water rights and establish benefits compensation mechanism to resolve such problems. This paper takes the Shiyang River basin as an example to calculate the opportunity cost of 0.97×10^8 m^3 of agricultural water encroached by the middle reach based on initial water right allocation system under which water is allocated in accordance with the ratio between agricultural population of two different regions concerning the downstream ecological reconstruction needs with Bio-economic model （BEM）. The results suggest that the total economic loss of Minqin County for ecological reconstruction amounts to 2.5 7×10^8 yuan, of which 1.68×10^8 yuan is ecological compensation, representing the economic loss Minqin suffered for ecological reconstruction which shouM burden beneficial groups of ecological reconstruction and 0.89 ×10^8 yuan is the economic loss Minqin suffered due to Liangzhou＇s encroachment behavior which should be compensated by Liangzhou.展开更多
On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federat...On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:展开更多
During the course of 2004, the Chinese trade unions earnestly implemented their strategy of ＂Organizing for Better Protection,＂ steppedup efforts to regulate industrial relations, effectively defended the legitimate...During the course of 2004, the Chinese trade unions earnestly implemented their strategy of ＂Organizing for Better Protection,＂ steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers.展开更多
EDITOR＇S NOTE： All China Federation of Trade Unions （ACFTU） has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers （2005）, which cons...EDITOR＇S NOTE： All China Federation of Trade Unions （ACFTU） has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers （2005）, which consist of 11 parts： preserve the correct orientation of Chinese trade unions as a protector of workers＇ legitimate rights and interests; protect workers＇ right to join and form trade union; organize and represent workers to exercise the right to equal consultation; protect workers＇ labor and economic rights; guarantee workers＇ democratic and political rights; fulfill workers＇ spiritual and cultural needs; actively participate in adjusting labor relations and handling labor disputes; protect migrant workers＇ legitimate rights and interests; promote gender equality and protect women workers＇ special rights and interests; take innovations in the way trade unions protect workers; and mobilize and organize workers to play the role of the working class as the main force in economic construction, and the following is an abstracted edition of it.展开更多
Tanzania is participating in the United Nations (UN) climate change mitigation strategy of reduction in Greenhouse Gases (GHGs). The strategy is implemented through both Reducing Emissions from Deforestation and fores...Tanzania is participating in the United Nations (UN) climate change mitigation strategy of reduction in Greenhouse Gases (GHGs). The strategy is implemented through both Reducing Emissions from Deforestation and forest Degradation (REDD+) and Clean Development Mechanisms (CDM) initiatives. In implementing programmes, the country developed pilot projects whereby there are preliminary findings that can be used to analyse the progress of the establishments. This study uses the findings from these pilot areas to draw policy implications on how carbon trade in the country can be enhanced to meet the UN set objectives as required by the Kyoto protocol. The findings suggest that for the sustainable carbon trade enhancement the country needs to set the institutional environment for carbon trade right. Such undertakings are not costless and that the transaction costs that would be incurred for the process need to be institutionalised to reduce the private costs in the carbon market. Moreover the policy process should be informed that at the market level there are multiple objectives that should be understood to avoid what is termed as optimization in standard economic theory, instead there should be clear definition of the specific objectives for various stakeholders involved in the carbon trade. Besides, within the carbon market framework not all stakeholders incur the same costs since natural resource transactions involve externalities. These externalities need to be identified and internalised to equally distribute the costs and benefits among the stakeholders.展开更多
In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequently,as an inherent demand for data privacy,trade liberalization is closely linked to the right to d...In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequently,as an inherent demand for data privacy,trade liberalization is closely linked to the right to data privacy,and data privacy protection is increasingly becoming a trade issue.However,conflicting rule settings between the two create discrepancies and result in differing rule-making approaches.The concept of the right to data privacy provides guidance and evaluative functions for the development of trade liberalization,facilitating the healthy development of digital trade.It is appropriate to treat the interaction between trade liberalization and data privacy protection in a rational way and to place them within independent systems at this stage.Data localization measures are an effective way to balance digital trade liberalization with the right to data privacy.As a data privacy protection measure,data localization has legitimacy within the trade law framework.Looking ahead,to achieve a harmonious advancement of digital trade liberalization and protection of the right to data privacy,all parties should uphold the premise of the national regulatory autonomy,and respect the data localization measures adopted by countries based on their own national conditions and personal data protection considerations.展开更多
This paper starts by describing China's carbon emissions trading market development history, reveals the existence of its development problems, then, analyzes the experience of successful establishment of the Euro...This paper starts by describing China's carbon emissions trading market development history, reveals the existence of its development problems, then, analyzes the experience of successful establishment of the European and American national carbon emissions trading market. At last, this paper recommends for a call of unified effort to improve domestic carbon emissions trading market system.展开更多
文摘The power and interest of industrial manufacturers are determined by their status in the relations of production.At the international level,countries see their economic and political status rise only when they climb the ladder in the international division of labor.As the primary production forces,science and technology are the main drivers behind such change.As new technologies give rise to new industries and restructure the international division of labor,developed countries strive to enhance the protection of their intellectual property rights(IPR)and safeguard their monopoly over core technologies.For developed countries,technological prowess holds the key to their supremacy in the global supply chain and international relations.The 19 th CPC National Congress makes clear the overarching goal in the new era is to rejuvenate the Chinese nation and turn China into a strong modern country.As an important material condition for achieving this goal,China must transition from being medium-and low-end links in the international division of labor to becoming high-end links.In this process,China will encounter backlash from developed countries that lead in the international division of labor.The recent China-US tussle over trade in high-tech goods is a case in point,and should be viewed through the lens of the relations of production and the international division of labor.The insights thus achieved will be of great significance to China’s future development.
文摘Protecting the rights and interests of workers and staff members constitutes an important aspect of China＇s human rights protection. At the time when the country is dealing with impacts of the global financial crisis, the All-China Federation of Trade Unions has been working fruitfully and effectively to accelerate economic and social development and safeguard the legitimate rights and interests of workers, therefore making contributions to the protection of the rights and interests of Chinese workers. Now I would like to make a brief introduction on this subject.
文摘This paper presents an ex-ante assessment of the potential implications of the 2011 Human Rights Watch Report on the South African fruit industry. The report explicitly mentions the lack of compliance with ethical codes within the fruit industry, the prevalence of exploitative conditions for farm workers and diverse human rights abuses in farms. The report recommends import ban on culprits as well as engaging third party auditing to ensure compliance. The high vulnerability of the smallholder farmers justified the special interest in the implications on their reputation and hence their ability to access profitable export markets. Although large-scale commercial farmers are potentially at risk of reputational damage due to the Human Rights Watch Report, they are better able to cope owing to their stronger capital base. The opinions of knowledgeable industry insiders were therefore elicited through qualitative research that used a five-point Likert scale to assess perceptions about market access. On the basis of the results, it is probable that the report will lead to improved working conditions for farm workers, improved concern for consumers＇ health, and enforcement of legislation by the govemment. The negative implications involve increased competition, possibility of retailers＇ rationalising their supply base and increased evaluation that ends at the farm gate. There is also high probability of increased marginalisation of the already disadvantaged smallholder suppliers, and possible increase in costs of auditing and accreditation for the entire fruit industry. Thus, active collaboration among all stakeholders to ensure the competitiveness of the fruit industry is inevitable.
文摘The trademark right refers to the dominating right that the trademark owners enjoy on the use of the trademark, which is an important intellectual property right. The objects of the trademark right should include all the rights of the use of the trademark, which not only include the registered trademark, but also include the unregistered trademark that has been used. The trade name is the logo of the legal persons or other organizations in the civil and commercial activities to mark themselves and differ from others.
文摘On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.
基金supported by the "100 Talents Pro-gramme" of Chinese Academy of Sciences.
文摘Agricultural water allocation system based on priority rights has caused regional conflicts and downstream ecological degradation. It is the urgent need to introduce the concept of the initial water rights and establish benefits compensation mechanism to resolve such problems. This paper takes the Shiyang River basin as an example to calculate the opportunity cost of 0.97×10^8 m^3 of agricultural water encroached by the middle reach based on initial water right allocation system under which water is allocated in accordance with the ratio between agricultural population of two different regions concerning the downstream ecological reconstruction needs with Bio-economic model （BEM）. The results suggest that the total economic loss of Minqin County for ecological reconstruction amounts to 2.5 7×10^8 yuan, of which 1.68×10^8 yuan is ecological compensation, representing the economic loss Minqin suffered for ecological reconstruction which shouM burden beneficial groups of ecological reconstruction and 0.89 ×10^8 yuan is the economic loss Minqin suffered due to Liangzhou＇s encroachment behavior which should be compensated by Liangzhou.
文摘On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:
文摘During the course of 2004, the Chinese trade unions earnestly implemented their strategy of ＂Organizing for Better Protection,＂ steppedup efforts to regulate industrial relations, effectively defended the legitimate rights and interests of workers.
文摘EDITOR＇S NOTE： All China Federation of Trade Unions （ACFTU） has recently published Blue Paper on the Role of Chinese Trade Unions in Safeguarding the Legitimate Rights and Interests of Workers （2005）, which consist of 11 parts： preserve the correct orientation of Chinese trade unions as a protector of workers＇ legitimate rights and interests; protect workers＇ right to join and form trade union; organize and represent workers to exercise the right to equal consultation; protect workers＇ labor and economic rights; guarantee workers＇ democratic and political rights; fulfill workers＇ spiritual and cultural needs; actively participate in adjusting labor relations and handling labor disputes; protect migrant workers＇ legitimate rights and interests; promote gender equality and protect women workers＇ special rights and interests; take innovations in the way trade unions protect workers; and mobilize and organize workers to play the role of the working class as the main force in economic construction, and the following is an abstracted edition of it.
文摘Tanzania is participating in the United Nations (UN) climate change mitigation strategy of reduction in Greenhouse Gases (GHGs). The strategy is implemented through both Reducing Emissions from Deforestation and forest Degradation (REDD+) and Clean Development Mechanisms (CDM) initiatives. In implementing programmes, the country developed pilot projects whereby there are preliminary findings that can be used to analyse the progress of the establishments. This study uses the findings from these pilot areas to draw policy implications on how carbon trade in the country can be enhanced to meet the UN set objectives as required by the Kyoto protocol. The findings suggest that for the sustainable carbon trade enhancement the country needs to set the institutional environment for carbon trade right. Such undertakings are not costless and that the transaction costs that would be incurred for the process need to be institutionalised to reduce the private costs in the carbon market. Moreover the policy process should be informed that at the market level there are multiple objectives that should be understood to avoid what is termed as optimization in standard economic theory, instead there should be clear definition of the specific objectives for various stakeholders involved in the carbon trade. Besides, within the carbon market framework not all stakeholders incur the same costs since natural resource transactions involve externalities. These externalities need to be identified and internalised to equally distribute the costs and benefits among the stakeholders.
基金the phased outcome of the project“Research on China’s Rule of Law Path for Maintaining the Security and Stability of Global Supply Chain”(Approval Number 2024M751358)that received funding from the 75th general grant of the China Postdoctoral Science Foundation.
文摘In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequently,as an inherent demand for data privacy,trade liberalization is closely linked to the right to data privacy,and data privacy protection is increasingly becoming a trade issue.However,conflicting rule settings between the two create discrepancies and result in differing rule-making approaches.The concept of the right to data privacy provides guidance and evaluative functions for the development of trade liberalization,facilitating the healthy development of digital trade.It is appropriate to treat the interaction between trade liberalization and data privacy protection in a rational way and to place them within independent systems at this stage.Data localization measures are an effective way to balance digital trade liberalization with the right to data privacy.As a data privacy protection measure,data localization has legitimacy within the trade law framework.Looking ahead,to achieve a harmonious advancement of digital trade liberalization and protection of the right to data privacy,all parties should uphold the premise of the national regulatory autonomy,and respect the data localization measures adopted by countries based on their own national conditions and personal data protection considerations.
文摘This paper starts by describing China's carbon emissions trading market development history, reveals the existence of its development problems, then, analyzes the experience of successful establishment of the European and American national carbon emissions trading market. At last, this paper recommends for a call of unified effort to improve domestic carbon emissions trading market system.
