Westlaw International数据库检索及其特色

学要Westlaw International是著名的法律数据库，是研究英、美法律的重要参考资源。本文介绍了该数据库的检索方法及其特色。

“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"。

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.

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.

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

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.

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.

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.

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.

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.

China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.

Modernization of International Humanitarian Law——The Origins and Evolution of the 1977 Additional Protocols to the 1949 Geneva Conventions

Regional wars and internal armed conflicts after the conclusion of the 1949 geneva conventions have presented new challenges to traditional international humanitarian law? To address those challenges, the international community concluded two additional protocols in 1977 to the 1949 geneva conventions? Those two protocols have unified the Hague Rules and the geneva Rules in the realm of traditional laws on wars, improved the protection of civilians,expanded the concept of armed conflicts and combatants, and developed special treaties applicable to non-international armed conflicts,reaffirming and developing the principles and rules of international humanitarian law worldwide, and promoting its modernization?

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.

普世主义、区域阵营与国际秩序 评卡尔·施密特The Nomos of the Earth:in the International Law of the Jus Publicum Europaeum

施密特认为,无论国内秩序还是国际秩序,其有效存在并发挥作用均需要以稳定的'正常状态'为保障。在国内政治中,'主权者'负责维持'正常状态'。一个强大的中心权力是法律及政治体制得以维持的前提。国际秩序的存在同样需要稳定的国际'正常状态'。如果国际秩序涵盖了政治文化、发展程度差别较大的国家,那么就会出现国际秩序不满者、挑战者,破坏国际秩序现状,导致国际秩序始终处于'非常状态'。欧洲国家间的秩序于'第一次世界大战'后完全解体,原因在于普世主义原则使不同文化圈、情况各异的国家均处于同一种国际秩序(即国际联盟)之中,无法营造国际'正常状态'。施密特主张放弃普世主义原则,重视国际社会多元化、多样性,构建以'区域阵营'为单位的国际秩序。

International Comparative Study on Education Laws of the Persons with Disabilities: An Observation on Regulations on the Education of Persons with Disabilities

The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China.

Assessment of International GNSS Service Global Ionosphere Map products over China region based on measurements from the Crustal Movement Observation Network of China

The global ionosphere maps(GIM)provided by the International GNSS Service(IGS)are extensively utilized for ionospheric morphology monitoring,scientific research,and practical application.Assessing the credibility of GIM products in data-sparse regions is of paramount importance.In this study,measurements from the Crustal Movement Observation Network of China(CMONOC)are leveraged to evaluate the suitability of IGS-GIM products over China region in 2013-2014.The indices of mean error(ME),root mean square error(RMSE),and normalized RMSE(NRMSE)are then utilized to quantify the accuracy of IGS-GIM products.Results revealed distinct local time and latitudinal dependencies in IGS-GIM errors,with substantially high errors at nighttime(NRMSE:39%)and above 40°latitude(NRMSE:49%).Seasonal differences also emerged,with larger equinoctial deviations(NRMSE:33.5%)compared with summer(20%).A preliminary analysis implied that the irregular assimilation of sparse IGS observations,compounded by China’s distinct geomagnetic topology,may manifest as error variations.These results suggest that modeling based solely on IGS-GIM observations engenders inadequate representations across China and that a thorough examination would proffer the necessary foundation for advancing regional total electron content(TEC)constructions.

The Development of International Human Rights Law and the Chinese Contribution to the Global Human Rights Cause

Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption of the Universal Declaration of Human Rights in 1948 that marked the initial formation of international human rights law.Today,the world has formed a relatively comprehensive system of international human rights law and mechanisms.Since the founding of the People’s Republic of China,and in particular after she introduced reform and opening-up policy in 1978,the Chinese government has actively participated in international human rights causes.To date,the Chinese government has ratified 26 human rights conventions and fulfilled the obligations required by these.China has put forward and continually enriched human rights theory of socialism with Chinese characteristics,emphasizing the importance of state sovereignty in safeguarding human rights and the resolution of human rights controversies through dialogue,thereby contributing to the global human rights cause.

A Study on Chengdu Museum’s Endeavor to Expand Its International Influence

Expanding a city’s cultural influence through museums is a growing trend in local efforts to promote cultural advancement and communication in China in the context of international engagement in the new era.Chengdu Museum,which opened its new venue to the public in 2016,has emphasized the importance of engagement with foreign visitors as a key focus of its recent development.This aligns with Chengdu’s goal of establishing itself as a world-renowned cultural and creative city during the 14th Five-Year Plan period(2021–2025).This paper summarizes the approaches of renowned Chinese and foreign museums to expanding their international influence,citing examples such as the British Museum,the Louvre Museum,and the National Museum of China.Based on a case study of Chengdu Museum’s efforts to enhance its international communication capacity since 2016,several suggestions are put forward for urban museums regarding how to increase research capability,create a media matrix,and develop cloud exhibition platforms.This study aims to provide some insights for museums to effectively integrate resources to preserve urban culture urban culture and enhance the global influence of Chinese culture.

Norms of International Law on Environmental Protection in Wartime: Application and Improvement

The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.

Exploring the impacts of major events on the systemic risk of the international energy market

This study examines the systemic risk caused by major events in the international energy market(IEM)and proposes a management strategy to mitigate it. Using the tail-event driven network(TENET)method, this study constructed a tail-risk spillover network(TRSN) of IEM and simulated the dynamic spillover tail-risk process through the cascading failure mechanism. The study found that renewable energy markets contributed more to systemic risk during the Paris Agreement and the COVID-19pandemic, while fossil energy markets played a larger role during the Russia-Ukraine conflict. This study identifies systemically important markets(SM) and critical tail-risk spillover paths as potential sources of systemic risk. The research confirms that cutting off the IEM risk spillover path can greatly reduce systemic risk and the influence of SM. This study offers insights into the management of systemic risk in IEM and provides policy recommendations to reduce the impact of shock events.