人工智能在外空争端解决中的应用

Space exploration and utilization have surged in recent years,with the increasing interest of private space farers,in space tourism and business.This surge in space activities leads to a mounted concern for space disputes between these actors,denoting devoir for an effective,efficient,adequate and swift dispute resolution framework.This paper presents a comprehensive analysis of the existing legal framework for outer space dispute resolution,the need for an effective,efficient and swift dispute resolution framework.Further this paper proposes an artificial intelligence(AI)forum for an outer space dispute resolution legal framework under the umbrella of the UNCOPUOS.

On Constructing an Experimental Teaching System for Digital Jurisprudence Courses Mechanism for Civil and Commercial Disputes in China

Developing digital jurisprudence, strengthening the practical teaching of law, and developing a practical teaching system of digital jurisprudence in colleges and universities based on the new era and in line with the law of scientific development are major issues of reforming and developing higher legal education in contemporary China. Taking XI Jinping Thought on the Rule of Law as the fundamental guide, focusing on the global cutting-edge topic of comprehensive and profound cross-integration of digital technology and legal education, and proceeding in line with the general law of law experimental courses in colleges and universities, we discuss how to construct the experimental teaching system for digital jurisprudence courses, and put forward a set of new ideas. An experimental teaching system for digital jurisprudence courses replenishes and improves the traditional law teaching mode, and innovates the mode of law talent cultivation under the new social form and new educational environment.

E-commerce development in rural and remote areas of BRICS countries

E-commerce plays an essential role in modern trade today.It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017,and would grow with the spread of the Internet and information and communication technologies(ICTs).Brazil,Russia,India,China and South Africa(BRICS),together with many others,consider e-commerce a means to facilitate rapid,inclusive and sustainable economic growth,improving the living standards and alleviating poverty.This article examines areas for potential cooperation by BRICS countries in e-commerce development across rural and remote areas to fight poverty.It analyses the current state of e-commerce development in rural and remote areas in each of the BRICS countries,including cases of public and private initiatives to support it.The article also defines the opportunities which e-commerce brings to people living in rural and remote areas.Moreover,it evaluates the existing challenges and risks.The article concludes that despite the rapid e-commerce development in BRICS countries,and significant opportunities created,there are still issues of disproportionate e-commerce in varied regions and the lack of BRICS cooperation in this sphere.Based on a comparative and normative in-depth,systematic analysis,the article develops a set of recommendations for deepening BRICS countries'cooperation in the following areas:infrastructure in rural and remote regions;education;consumer protection;online dispute resolution;coordinated policy in the international scene,including representation of BRICS countries in international indexes,such as the Organization of Economic Co-operation and Development(OECD)Digital Services Trade Restrictiveness Index(STRI).

Benefits for the bunker industry in adopting blockchain technology for dispute resolution

he bunker industry has faced negative perception to their trust and credibility in recent times.This is further compounded by the need for the industry to answer new challenges to meet the requirement of the International Maritime Organization 2020.The aim of this work is to illustrate how blockchain technology may be adopted for aiding in bunker dispute resolution.To demonstrate how blockchain may aid in disputes within the bunker industry,this paper first examines the existing bunker supply process,which involves the formation of contracts under English law,the Bunker Delivery Notes,the different types of disputes that may arise during a bunker transaction and the methods of dispute resolution utilised by the industry.Furthermore,the current literature in relation to blockchain technology and blockchain smart contracts is examined.Finally,interviews and surveys within the industry have been conducted to identify the benefits and challenges in adopting blockchain technology.The research found that blockchains may benefit the bunker supply chain offering the effective resolution of bunker quality disputes.Furthermore,blockchains may also serve as a verification tool for electronic bunker delivery notes,which may aid quality and quantity bunker disputes as well as compliance with the new International Maritime Organisation 2020 requirements.As a result,despite the research having shown blockchain to be situationally dependent and having an element of legal uncertainty,blockchain does offer a solution to aid in bunker disputes and for improving the trust and credibility within the bunker industry.

Legal System of ODR for CBEC Among the B&R Countries

As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.

Social Science Tools for Natural Resource Managers

Over the past several decades natural resource issues have become highly controversial, even playing out on the national or international stage. While natural resource science has advanced, the controversy has not gone away. If anything, it has gotten worse. The reality is that natural resource managers need to be as skilled at addressing public concerns as they are with resource science. Fortunately, over the same period the social sciences have produced useful tools that can aid natural resource managers. But resource managers need to know about these tools and be trained in their use. The purpose of this article is to provide an introduction to some of the social science tools or approaches that have proven to reduce political conflict over resource issues. When beginning a major project, resource managers can review this list to see which of these approaches might prevent or mitigate controversy. References are provided for each tool as a starting place for further exploration.

Dutch Transfer Pricing Court Case on Business Restructuring:Preventing Transfer Pricing Disputes by Getting Certainty in Advance

This article summarizes a Dutch court case regarding a business restructuring within a multinational enterprise,where the valuation of the transferred business activities was not confirmed by the tax authorities in advance.As a result of the lack of certainty beforehand,the taxpayer experienced a significant tax correction.According to the author’s perspective,this situation could have been prevented by seeking certainty in advance.

The Implementation of the Global Minimum Tax(GloBE):The Need for an Effective Dispute Prevention and Resolution Mechanism

The successful implementation of the Global Anti-Base Erosion(GloBE)rules on a global scale cannot be achieved without an international effective dispute prevention and resolution mechanism.However,the development of a dispute prevention and resolution framework for the GloBE rules faces significant challenges.This article offers two possible options for an effective dispute prevention and resolution mechanism:a model based on reciprocal domestic legislations and the multilateral convention model.

The Case for Alternate Dispute Resolution in Singapore

In the case of legal disputes,litigation can be costly,confrontational,and take years to complete.Today more than ever,businesses are more likely to operate on a global scale,and are increasingly partial to alternative dispute resolution(ADR)processes.ADR can result in quicker,non-adversarial outcomes that are enforceable in multiple jurisdictions.The use of ADR has been on the rise,particularly in Asia,with its maturing markets and growing sophistication of businesses.

Raising Tax Certainty in Cross-Border Tax Disputes Through a Body of Experts

In this article,we draw attention to raising tax certainty in cross-border tax disputes through a body of experts(BoE).Establishing and developing of a BoE on a non-legally binding basis to help prevent and resolve cross-border tax disputes aims to facilitate harmony in the dynamically evolving international tax environment.This,hopefully,elevates Confucius’everyday wisdom of“harmony is precious”to the global tax arena.

Can Tax Cooperation“Show”the Way into the Future of Sound and Steady Development?

Tax cooperation is a foundation for tax certainty thereby contributing to an investment climate that fosters sustainable economic growth.To make tax cooperation effective,a platform for jurisdictions to exchange thoughts and align ap-proaches is needed.The BRITACOM has established itself as such a relevant platform for its members and already achieved many great results,e.g.when it comes to ca-pacity building via the establishment of the BRITACEG and its Curriculum.But there are many more opportunities,one of which could be the establishment of a joint dispute resolution body.

Recent and Emerging Trends in Raising Tax Certainty on Cross-Border Transactions

Raising tax certainty constitutes a fundamental for investment de-cisions by multinational enterprises(MNEs)while it is highly valuable also for tax administrations.Therefore,it has been considered as one of the core areas by the BRITACOM parties.Over the past few years,considerable attention has been devoted to improving tax certainty while new challenges arise.This article analyses some of the recent advances and emerging initiatives in terms of raising tax certaintywww.britacom.org mechanisms for cross-border transactions in areas such as dispute prevention and resolution,transfer pricing,General Anti-Avoidance Rules(GAARs)and the taxation of digital economy.

"Fengqiao Model" and the Structural Changes of Dispute Resolution Mechanisms in China

As the idea of diversified dispute resolution becomes common sense,the structural relations of different dispute resolution mechanisms have become the focus of practice reforms and theoretical controversies in China.The 60-year development of the"Fengqiao Model"has always focused on the overall design of the dispute resolution system,which provides a foundation and plenty of materials for understanding these structural relationships.Combined with the development of social theory,this paper summarizes a general structural theory of dispute resolution mechanisms based on the"Fengqiao Model."This theory advocates that the structure of dispute resolution mechanisms is the outcome of the integration of state intervention,social self-regulatory,and their interactions with various dispute resolution mechanisms.It can be used to explain the formation and change of the dispute resolution system in China,the structural strain in recent years,the overall plan of structural adjustment since 2012,and the next strategic core of profound adjustment.It also can be used to explain why the"Fengqiao Model"is so persistent and widely applicable,and how the"Fengqiao Model"be converted from a local model to an overall requirement,showing the great meaning of adhering to and developing the"Fengqiao Model'at present.

Adjustment and Reorganization of the Diversified Dispute Resolution from the Perspective of State Governance

The diversified dispute resolution(DDR)in China is different from the alternative dispute resolution(ADR)in Western countries with respect to its fundamental cause and political,economic,social,and cultural backgrounds.To better understand the DDR,the academic community shall go beyond the superficial feature of"distributing the burden of litigation"of the ADR in Western countries and consider it as the basic institutional arrangement and regular governance practice of state governance.Furthermore,we can adjust and reorganize the DDR based on such understanding.Specificaly,after understanding the general features of dispute resolution forms,we should mobilize,aggregate,integrate,and use the dispute resolution resources in a society to improve and expand non-litigation dispute resolution forms and increase the overall supply of dispute resolution resources.Understanding the real features of disputes in China and its specific demands for dispute resolution.guide or regulate the choice of dispute resolution foms for the parties to a dispute through reasonable system design,so that the dispute resolution demands and dispute resolution forms can be matched.In particular,the Communist Party of China(CPC)and Chinese governments should play the leading and organizing role in the DDR,to comprehensively improve the effectiveness of the"Pluralistic-Unity-Style"dispute resolution.

The Dual Aspects of Administrative Reconsideration System from the Perspective of a Diversified Dispute Resolution Mechanism

The proposition of a diversified dispute resolution mechanism is mainly to realize the reasonable diversion of cases and promote the substantive resolution of disputes.Under this framework,all dispute resolution mechanisms must strictly follow the basic judicial principles and norms and abide by the bottom line of justice in the subjects and procedure of"dispute resolution"in order to gain the trust of the concerned parties.It is necessary to fully activate and give full play to their own characteristics and advantages and carry out the equal and orderly competition in the"diversified mechanism"to ensure that the concerned parties'right of free choice can be substantially expanded.As one of the components of the"diversified dispute resolution mechanism,"the administrative reconsideration system should have the dual aspects of judicialization and administerization.The two aspects are not in a diametric opposition or tradeoff relation,but rather,they merely differ in observation perspectives,zone of action and specific direction to such an extent without compromising their coexistence and reciprocal promotion.Only by the judicalization and administerization of the administrative reconsideration system can we get it out of the current dilemma and gradually turn it into the main channel to solve administrative disputes.

On Modernization of the Diversified Resolution Mechanism for Civil and Commercial Disputes in China

The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization,in which the modernization of the rule of law is both an integral part and a strong guarantee.Building a modern socialist country in all respects under the rule of law requires attention to the settlement of civil and commercial disputes.The separation of civil society and the political state,along with their mutual influence,has led to the development of diverse dispute-resolution mechanisms.Globalization has further accelerated their development and transformation.In face of the adjustments to the dispute resolution system amid the unprecedented changes of the century,China should complete the top-level design of the diversified settlement of civil and commercial disputes by deploying legislative and judicial resources to enhance the leading role of litigation in resolving these disputes.At the same time,China should continue to prioritize alternative dispute resolution mechanisms,improve the credibility of arbitration,and leverage the aggregating power of mediation,so as to serve the construction of the Chinese path to modernization.

Jurisprudential Foundation of the Alogithmic Enforcement and Regulation of Law in an Intelligent Society:Taking the Automated Copyright Infringement Monitoring of the Online Content Sharing Platform as an Example

cyber-space has become increasingly important for human activities,and intelligent algorithms are widely used in cyber-space,we are rapidly entering an intelligent society.Now,algorithmic enforcement and regulations of law have posed non-negligible issues.As algorithmic enforcement of copyright law was introduced earlier than that of other laws,it provides a helpful observation perspective.The worldwide practice of copyright enforcement has gradually departed from traditional"safe harbor provisions,"and has emphasized prior examination of shared contents uploaded by Internet service providers'(ISPs)users through the following three dimensions:automated infringement detection algorithms voluntarily used by the ISPs,heavier judicial liability of ISPs,and updated legislation principles.Thus,innovations and development have stimulated new mechanisms and regulations for enforcing copyright in cyberspace.Algorithmic enforcement of copyright law in an intelligent society is essential and meaningful.The copyright regulation mechanisms should be guided by jurisprudential principles and concepts featuring the principles of(a)legitimate and efficient flow of information,(b)balance between and among algorithmic power,public power and private rights,(c)boosting the sharing economy and the new gig economy,and(d)promoting social governance philosophy of"coconstruction,co-governance and sharing."These principles are meaningful for creation of a new mechanism for balancing interests between ISPs and their users,and for introducing the pluralistic co-governance mechanism beyond simply practicing"filtering obligations."In addition,these principles are significant for improving a certification with credibility of copyright status and ownership,and for advancing a mechanism for onlinecollegiate-panel dispute resolution.

A REVIEW OF THE CHINA-GHANA BILATERAL INVESTMENT TREATY, 1989

Sino-Ghana business relationship has grown tremendously over the past two decades. The legal environment of this relationship will be analyzed critically and suggestions for improvement will be made in this article to further enhance this burgeoning relationship. In October 1989, Ghana and China signed an agreement concerning the encouragement and reciprocal protection of investment, known as the China-Ghana Bilateral Investment Treaty, which came into effect on November 22, 1991. There will be a review of this agreement which sought to provide an equitable treatment and enjoyment of protection in investments between the two countries based on the Most Favored Nation principle.