Whether,and how,to rescind the right of one party(the non-breaching party)to rescind a contract in case of an obviously minor breach by the other party(the breaching party)is a recurring topic in the field of contract...Whether,and how,to rescind the right of one party(the non-breaching party)to rescind a contract in case of an obviously minor breach by the other party(the breaching party)is a recurring topic in the field of contract law.The Minutes of the Ninth Work Conference of the Courts Nationwide on Civil and Commercial Trial(the Minutes of the Ninth Work Conference)stipulates that whether a contract shall be rescinded depends on whether a breach is obviously minor and affects the fulfillment of the contract purposes expected by the non-breaching party.In juridical practice,however,there are no clear criteria to define what constitutes obviously minor breaches,and the factors considered in such cases are often inadequate to allow for a fully considered decision.By analyzing Article 55 of the Judicial Interpretation of the General Provisions of Contracts of the Civil Code of the People’s Republic of China(Draft for Comments)and reviewing the previous juridical practices,we present our conclusions regarding the conditions and factors that should be considered when restricting the right of rescission in cases of obviously minor breaches with a view to unifying the judicial judgment criteria by differentiating the type of breaches.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
After four decades of military dictatorship,Togo is still facing a dilemma of whether to break with the past and take a path of democratization or make changes in the continuity.The death of the former President Gnass...After four decades of military dictatorship,Togo is still facing a dilemma of whether to break with the past and take a path of democratization or make changes in the continuity.The death of the former President Gnassingbe Eyadema in 2005 was seen by the Togolese community at home and around the world as a window of opportunity or a step toward the emergence of the political liberalization in the country.Unfortunately,with the backing of the Togolese army,Faure Gnassingbe,one of the sons of Eyadema,was enthroned as the country’s new President since 2005.The international economic sanctions on Togo in the aftermath of the death of Eyadema,due to continuing human rights abuses and violations by the authoritarian regime,have accentuated the already acute suffering and poverty of the Togolese population.However,the 2006 Global Political Agreement reached between the traditional political opposition parties and the government paved the way to the normalization of the international cooperation with Togo and hence the lifting of economic sanctions by the international community.Drawing from Solow-Swan growth model and a cross-national causality test of the development-democracy-growth hypothesis of Abbas Pourgerami,this paper investigates the impact of foreign aid on the democratization process since 2005 and argues that foreign aid played a paramount role in consolidating electoral authoritarianism instead of establishing a viable democracy in Togo.展开更多
The international community is currently in the midst of a facilitative dialogue about how to increase mitigation ambition under the terms of Paris Agreement.This dialogue concerns centrally considerations of equity,w...The international community is currently in the midst of a facilitative dialogue about how to increase mitigation ambition under the terms of Paris Agreement.This dialogue concerns centrally considerations of equity,which includes matters of both justice and responsibility.I defend the importance of the right to sustainable development in this regard.I argue that if the right of states to pursue poverty eradicating human development is to be respected,then there is plausible interpretation of responsibility for mitigation in which a state’s ability to pay is the central consideration,where that ability is measured by its human development level.That conception of responsibility should be applied to considerations of how increase mitigation ambition.展开更多
文摘Whether,and how,to rescind the right of one party(the non-breaching party)to rescind a contract in case of an obviously minor breach by the other party(the breaching party)is a recurring topic in the field of contract law.The Minutes of the Ninth Work Conference of the Courts Nationwide on Civil and Commercial Trial(the Minutes of the Ninth Work Conference)stipulates that whether a contract shall be rescinded depends on whether a breach is obviously minor and affects the fulfillment of the contract purposes expected by the non-breaching party.In juridical practice,however,there are no clear criteria to define what constitutes obviously minor breaches,and the factors considered in such cases are often inadequate to allow for a fully considered decision.By analyzing Article 55 of the Judicial Interpretation of the General Provisions of Contracts of the Civil Code of the People’s Republic of China(Draft for Comments)and reviewing the previous juridical practices,we present our conclusions regarding the conditions and factors that should be considered when restricting the right of rescission in cases of obviously minor breaches with a view to unifying the judicial judgment criteria by differentiating the type of breaches.
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.
文摘After four decades of military dictatorship,Togo is still facing a dilemma of whether to break with the past and take a path of democratization or make changes in the continuity.The death of the former President Gnassingbe Eyadema in 2005 was seen by the Togolese community at home and around the world as a window of opportunity or a step toward the emergence of the political liberalization in the country.Unfortunately,with the backing of the Togolese army,Faure Gnassingbe,one of the sons of Eyadema,was enthroned as the country’s new President since 2005.The international economic sanctions on Togo in the aftermath of the death of Eyadema,due to continuing human rights abuses and violations by the authoritarian regime,have accentuated the already acute suffering and poverty of the Togolese population.However,the 2006 Global Political Agreement reached between the traditional political opposition parties and the government paved the way to the normalization of the international cooperation with Togo and hence the lifting of economic sanctions by the international community.Drawing from Solow-Swan growth model and a cross-national causality test of the development-democracy-growth hypothesis of Abbas Pourgerami,this paper investigates the impact of foreign aid on the democratization process since 2005 and argues that foreign aid played a paramount role in consolidating electoral authoritarianism instead of establishing a viable democracy in Togo.
文摘The international community is currently in the midst of a facilitative dialogue about how to increase mitigation ambition under the terms of Paris Agreement.This dialogue concerns centrally considerations of equity,which includes matters of both justice and responsibility.I defend the importance of the right to sustainable development in this regard.I argue that if the right of states to pursue poverty eradicating human development is to be respected,then there is plausible interpretation of responsibility for mitigation in which a state’s ability to pay is the central consideration,where that ability is measured by its human development level.That conception of responsibility should be applied to considerations of how increase mitigation ambition.
