Since the Qin Dynasty started the county system to the foundation of China, "county" has been the basic unit of the centralized state in our country. Although the county-level governance mode is stable, its evolutio...Since the Qin Dynasty started the county system to the foundation of China, "county" has been the basic unit of the centralized state in our country. Although the county-level governance mode is stable, its evolution has laws to follow. Generally speaking, the rules are that the scale of the county government is small for a long time and the governmental functions in the long term are fixed. The roles of the clan organizations in the social governance are increasingly strengthened and the slow development and roles of other social organizations outside the clan organizations are increasing.展开更多
At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement th...At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement the Constitution is the primary task and the basic work in building a socialist nation ruled by law." He also said, "A country ruled by law should be first ruled by the Constitution, and lawful governance should be based on the Constitution."展开更多
This work used the cosmological neuroscientific concept of Soul of Multiverse for placing the problem of wildlife and biodiversity protection into a new philosophical environment where religious,scientific and philoso...This work used the cosmological neuroscientific concept of Soul of Multiverse for placing the problem of wildlife and biodiversity protection into a new philosophical environment where religious,scientific and philosophical approaches are in harmony.It resulted in the thought that the obligation of protecting wildlife and biodiversity on Earth,just as the sanctity of caring for all human lives,originated in cosmic laws set in the divine blueprints of the Soul of Multiverse.These laws seem to relay that in the 21st century the time has come on Earth to stop killing animals for food,to stop overhunting and overfishing,to stop industrial activities responsible for deforestation,desertification,air pollution and climate change,and to run animal experiments for science and medicine only in the extremely limited,most justified cases and only until new technologies make them no longer necessary.The conclusion was that to achieve these goals,new global governing mechanisms are needed.Specifically,the establishment of a Government of Earth,the next step of the political process that started with the United Nations in the first place,may be necessary to solve the global problems of wildlife and biodiversity protection since meaningful solutions for global problems require global governing mechanisms.展开更多
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si...On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.展开更多
The three pillars of sustainability framework is a multidisciplinary implementation and solutions oriented approach that recognizes most successful and scalable sustainability solutions require the presence of, and ar...The three pillars of sustainability framework is a multidisciplinary implementation and solutions oriented approach that recognizes most successful and scalable sustainability solutions require the presence of, and are driven by, all three pillars simultaneously: 1) technology and innovation;2) laws and governance;and 3) economics and financial incentives. The three pillars framework is strategic because it often reveals or describes specific and feasible changes that advance sustainability solutions within markets and institutional settings. The section on technology discusses the crucial role that technology plays in creating new ways for doing more in our rapidly urbanizing communities by using less resources and energy inputs. The section on economics discusses problems with current conceptions of economic welfare that measure growth (flow) rather than the asset base (wealth), and explores possibilities for integrated and multidisciplinary analysis for coupled economic and social systems. The section on laws and governance considers the role of legal frameworks related to incentives, regulatory baselines, and in public policy formation, including influences and feedback effects from social norms, changing culture, and sustainability education. Technological development and engaging economic markets are at the center of our best and most rapidly deployable sustainability solutions. In that context, a specific focus is given throughout the discussion sections to the key role of laws and governance in supporting relevant, effective, and sustainable technological and economic development, as well as to highlight the crucial (often final) steps the law plays in successfully implementing new sustainability projects. As the discussions and examples (taken from Asia, the US, and Europe) demonstrate, the three pillars framework is flexible and useful in a number of contexts, as a solutions template, as an integrated planning approach, as a decision making guide, and for determining project priorities.展开更多
Karst aquifers occur worldwide and exhibit groundwater flow responses that differ considerably from aquifers lacking fractures, bedding planes, and other karst conduits where significant and rapid groundwater flow can...Karst aquifers occur worldwide and exhibit groundwater flow responses that differ considerably from aquifers lacking fractures, bedding planes, and other karst conduits where significant and rapid groundwater flow can occur. The regional, karst Floridan aquifer system underlies the United States (US) Southeastern Coastal Plain Physiographic Region and exhibits hydrologic interconnections with overlying surficial aquifers and throughout other zones of the aquifer system, as is characteristic of other karst aquifer systems. Anthropogenic groundwater declines in this regional karst aquifer system have been documented in published literature for decades, but the impacts of those declines in this coastal plain region and the embedded ecosystems that provide essential and critical habitat for native, endemic, and federally endangered and threatened species have not been considered previously. Those anthropogenic groundwater declines reduce surfacewater levels and flows due to the capture of both groundwater and overland flow of surfacewater, resulting in induced recharge through semi-confining zones and interbasin flow through fractures and other karst conduits. This case study identifies examples from the Greater Okefenokee Swamp Basin study area and comparison areas of how those declines result in loss of historic base flow to surface waters and other capture of surface waters, ultimately increasing saltwater intrusion. Those results alter and degrade the physical, chemical, and biological integrity of the nation’s waters, in violation of the US Clean Water Act (CWA) of 1972. Historic groundwater declines from mining and other anthropogenic groundwater withdrawals from this regional karst aquifer system already threaten the survival and recovery of federally endangered and threatened species, as well as existing and proposed critical habitat for those species within this regional extent, in violation of the Endangered Species Act (ESA) of 1973. This case study and its companion publication (Part 2) appear to be the first to provide scientific support for this regional karst aquifer system as the unifying factor in habitat responses to irreversible groundwater impacts on aquatic and marine ecosystems. These adverse impacts strongly suggest that the extent of the regional Floridan aquifer system should be designated as the Southeastern Coastal Plain Ecoregion for the purpose of managing natural resources. Mining activities continue to expand in our study area, which is the Greater Okefenokee Swamp Basin. Despite that fact, no comprehensive Areawide Environmental Impact Statement (AEIS), similar to the AEIS required for phosphate mining within the Central Florida Phosphate District (CFPD) approximately a decade ago has been conducted for any of the numerous mining projects that are occurring and are proposed within the Greater Okefenokee Swamp Basin. This case study also provides examples of why a comprehensive AEIS is essential to consider all of the adverse direct, indirect, and cumulative impacts of those mining activities to the CWA, the ESA, and the irreversible losses to local economies, because federal agencies responsible for considering those adverse impacts rely on public comments to identify those adverse impacts. The mining activities authorized throughout the regional Floridan aquifer system under Category 44 Nationwide Permits (NWP) result in the same type of adverse impacts as the mining activities evaluated under Individual Permits in that region. Therefore, those Category 44 NWP mining activities also should be required to obtain Individual Permits and be evaluated under an AEIS in the Greater Okefenokee Swamp Basin. This case study also describes how Florida’s assumption of the CWA Section 404 regulatory authority in 2020 severs four sub-basins within the Greater Okefenokee Swamp Basin study area at the state line between Florida and Georgia.展开更多
The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-ro...The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.展开更多
The unity of “party spirit-people’s nature” is the basic proposition of Xi Jinping’s governance.Deng Xiaoping summarized the experience and lessons in the early days of reform and opening up,and put forward the ba...The unity of “party spirit-people’s nature” is the basic proposition of Xi Jinping’s governance.Deng Xiaoping summarized the experience and lessons in the early days of reform and opening up,and put forward the basic line of the “leadership and unity” of the party in the early stage of socialism around “one center,two basic points”;Xi Jinping’s so-called “unification”,which is based on the the basic line of Deng Xiaoping’s initial stage of building a socialist country that is “rich,strong,democratic,civilized,harmonious and beautiful”,has further established the importance of “people as the center” and “party’s leadership”.Therefore,the “people-centered” and “the party’s overall leadership” are unified and become the basic idea of General Secretary Xi Jinping’s governance of the country.Xi Jinping has put forward the unity of “party spirit-people’s nature”,the “consistency” between governing the country and politics,and the “integration” between the people’s interests and the party’s leadership,thus forming “persistence”,“comprehensive”,“confidence”,“maintenance” and other assertions.展开更多
The accounting profession does not have a long history. It is mainly evolved in the last 150 years in the modem sense. Many factors influence the development of accounting and there are many reasons why countries have...The accounting profession does not have a long history. It is mainly evolved in the last 150 years in the modem sense. Many factors influence the development of accounting and there are many reasons why countries have developed different accounting systems. Among these factors, the relationship between the legal system and the accounting profession is considered worthy of examination. For this purpose, the accounting professions of selected countries are studied. This study clearly demonstrates that the accounting profession in a country has been significantly affected by the judicial system of that country. In addition, the accounting and auditing environment is divided into two separate professions in the code law countries, whereas in the common law countries the profession is mainly organized under one title. However, because of historical or cultural influences, exceptions do exist in countries like Japan, Bulgaria, and Greece.展开更多
The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of C...The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.展开更多
This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts...This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an "extralegal" category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.展开更多
Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China fro...Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.展开更多
The regulation of herbal traditional medicine(HTM)is of much importance as it ensures the safety,quality and efficacy thereof.However,there are variations in the regulation of HTM worldwide with some countries being m...The regulation of herbal traditional medicine(HTM)is of much importance as it ensures the safety,quality and efficacy thereof.However,there are variations in the regulation of HTM worldwide with some countries being more supportive of HTM than others.This literature review aimed to evaluate and compare the regulatory policies governing the use of HTM in developed and developing countries as well as to determine the regulatory challenges faced by regulatory authorities and governments across the world.The countries investigated in this study were Germany,the United States of America,Japan,South Africa,China and India.Variations were evident between countries,however,Germany and Japan were found to be more advanced with regards to the regulation of HTM.Germany and Japan had stricter regulatory policies and lesser safety concerns.South Africa and the United States of America appear to have inadequate or ineffective HTM regulatory systems which was seen by the countries’limited or lack of regulations and additional safety concerns.The findings showed the difference in HTM regulation between developed and developing countries were not as large as could be expected.The United States of America(developed country)was found to have poor HTM regulations,while China and India(developing countries)were found to have thorough regulations.The findings also show that both developed and developing countries continue to face challenges with regards to establishing regulations and registration procedures for HTM.展开更多
In 2010,the Hungarian government established so-called“illiberal democracy.”Western courtiers have looked on with bewilderment over the past eight years at this political trajectory of Hungary.Some post-Communist co...In 2010,the Hungarian government established so-called“illiberal democracy.”Western courtiers have looked on with bewilderment over the past eight years at this political trajectory of Hungary.Some post-Communist countries that were committed to common European values,have already been implementing this illiberal democracy model.The perceived interests of the“nation”are taking centre stage and governments are subject to far fewer checks and balances.They are turning instead towards an alternative social,political,and economic model,in which the cultivation of traditional values and distinct national identities are of paramount ideological importance.This new model is frequently characterised by widespread,systematic state corruption,and an increasingly authoritarian political culture.The paper tries to shed light on the reasons of development of illiberal democracy in the European Union by examining the case in Hungary.Furthermore,the paper defines the price of partially giving up certain principles of liberal democracy,such as checks and balances,political pluralism,economic equality of market constituents,or the rule of law,in return of hoped greater economic and state efficiency.展开更多
Corruption has had severe negative consequences on the economic growth and development of nations all over the world especially on developing countries. It has various implications for both the developed and developin...Corruption has had severe negative consequences on the economic growth and development of nations all over the world especially on developing countries. It has various implications for both the developed and developing economies. Corruption hampers development and thus raises the level of poverty in any economy that finds itself entrenched in corrupt practices. Corruption creates uncertainty and risk in the growth and development potential of any country. This paper presents a review of corruption as it relates to the economic development of Nigeria. By using a theoretical method of analysis, the study reveals that corruption is Nigeria's biggest challenge. It is clear to every citizen that the level of corruption in the country is high because it is found in every sector of the society. In public or private sector, corrupt practices are easily observable. Corruption has been a deterrent to economic development in Nigeria. The findings show that corruption has a significant negative effect on economic growth and development. The paper examines historical connection between the law and the economy and discusses the theoretical and conceptual issues in corruption and economic development and the role of lawyers in the economy. The paper also seeks to provoke debate on the role of law in the anti-corruption crusade, strengthening the rule of law and promoting economic development. It also identifies and discusses the impact and effects of corruption on economic development in Nigeria, while proffering policy recommendations that should underpin the road to Nigeria becoming the "next surprise", on indices such as transparency, accountability, and the application of the rule of law, in dealing with corruption leading to improved consumer price index (CPI) ranking, induce investment, and foster economic growth and development.展开更多
There are two significant characteristics of LDCs' technology innovation: one is original innovation substituted by imitation and adaptive innovation, and the other is government guiding innovation. From the experie...There are two significant characteristics of LDCs' technology innovation: one is original innovation substituted by imitation and adaptive innovation, and the other is government guiding innovation. From the experiences of LDCs after World War Two, the key to achieve effective technology innovation exits in two facts: technological capability of innovation and reaction mechanism of innovation induction~展开更多
The right to water is an emerging sort of human rights aiming to protect the right to water indispensable for the survival and development of individuals. From the perspective of International Human Rights Law, the pa...The right to water is an emerging sort of human rights aiming to protect the right to water indispensable for the survival and development of individuals. From the perspective of International Human Rights Law, the paper analyzes the standards stipulating the international obligations to safeguard the right to water, inspects the state quo of the protection of the right to water in China and demonstrates the lawful suggestions to safeguard the right to water.展开更多
The leaders of the Meiji Restoration believed in their master, Yoshida Shoin (吉田松陰), who claimed that in order for the islands of Japan not to be a colony of the powerful Western states, Japan had to conquer nea...The leaders of the Meiji Restoration believed in their master, Yoshida Shoin (吉田松陰), who claimed that in order for the islands of Japan not to be a colony of the powerful Western states, Japan had to conquer nearby countries. This led to Japan’s invasion of the Ryukyu Islands, Taiwan, Korea, and Manchuria, which ultimately led to the Manchurian Incident of 1931, the Sino-Japanese War, and the Pacific War. Surprisingly, the subject and the timing of each and every one of these acts of war were in the same order of Yoshida Shoin’s proposal on preoccupancy. The Sino-Japanese war of 1894 was romanticized as clearing the barbaric culture by civilization, and the Russo-Japanese war of 1904 was romanticized as the realization of Eastern Peace. However, Japanese policies of aggressions were first deemed illegal by international law during the 1931 Manchurian Incident by the investigations of the League of Nations. The Japanese Empire received the recommendation by the League of Nations to restore to original state, but declined and exited from the League of Nations. Following their exit, they started the Sino-Japanese War and the Pacific War and eventually lost in 1945. The goal of the San Francisco Peace Treaty of 1951 was to punish Japan’s aggressions. However, as the Cold War between the East and the West started to arise in 1948, the punishment was eased, and their punishment for the aggressions on the Ryukyu Islands, Taiwan, and Korea was nearly unasked for. This paper examines the issues of the San Francisco Peace Treaty in the views of the international law of the League of Nations, established by Manley O. Hudson of Harvard University and others in U.S. academia and judiciary.展开更多
On December 8, 2021, China’s State Council Information office(SCIo) and Ministry of Foreign Affairs co-hosted the “2021 South-South Human Rights Forum” in Beijing. The forum is themed on “putting people First and ...On December 8, 2021, China’s State Council Information office(SCIo) and Ministry of Foreign Affairs co-hosted the “2021 South-South Human Rights Forum” in Beijing. The forum is themed on “putting people First and Global Human Rights Governance”. Four sub-themes, namely, “Building a Global Community of Health for All and protecting Human Rights”, “Anti-poverty Ffforts and Realization of the Right to Development”, “Multilateralism and Global Human Rights Governance”, and “The Role of Developing Countries in Global Human Rights Governance”, were discussed by delegates from more than 100 countries and international organizations. Within the framework of the theme of the forum, the delegates fully discussed on how to better respect and protect human rights, advance equal cooperation, share development outcomes, seek common and sustainable development, maintain fairness and justice in the international community, and improve the basic experience of the protection of human rights, and so on. As an important platform for the exchanges and cooperation of developing countries in human rights, the South-South Human Rights Forum has effectively promoted mutual understanding, inclusiveness and mutual learning on human rights governance.展开更多
The call to advance the rule of law in foreign-related affairs is an important component of China's strategic move to a great modern country.In modern times,Western countries have applied rule of law practices in ...The call to advance the rule of law in foreign-related affairs is an important component of China's strategic move to a great modern country.In modern times,Western countries have applied rule of law practices in their modernization,demonstrating the values of a sound rule of law system for national strength.In particular,the rule of law,extended beyond national borders,provides a crucial guarantee for a great modern country's sustained,stable,and healthy path,and is also a clear symbol of a country's soft power.As China is progressing to become a great modern country,there is a need to pay a particularly close attention to the rule of law,actively promoting the legalization of foreign-related work.China's stance on the rule of law in foreign-related affairs should include both a principle of defending its core interests and a principle of advocating shared values and of promoting mutually beneficial cooperation.In the context of this era,China's international law professional community should delve into appropriate models that can facilitate smooth progress on the path to modernization,further enhancing the rule of law in China and the successful emergence of a great modern country.展开更多
文摘Since the Qin Dynasty started the county system to the foundation of China, "county" has been the basic unit of the centralized state in our country. Although the county-level governance mode is stable, its evolution has laws to follow. Generally speaking, the rules are that the scale of the county government is small for a long time and the governmental functions in the long term are fixed. The roles of the clan organizations in the social governance are increasingly strengthened and the slow development and roles of other social organizations outside the clan organizations are increasing.
文摘At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, "To fully implement the Constitution is the primary task and the basic work in building a socialist nation ruled by law." He also said, "A country ruled by law should be first ruled by the Constitution, and lawful governance should be based on the Constitution."
文摘This work used the cosmological neuroscientific concept of Soul of Multiverse for placing the problem of wildlife and biodiversity protection into a new philosophical environment where religious,scientific and philosophical approaches are in harmony.It resulted in the thought that the obligation of protecting wildlife and biodiversity on Earth,just as the sanctity of caring for all human lives,originated in cosmic laws set in the divine blueprints of the Soul of Multiverse.These laws seem to relay that in the 21st century the time has come on Earth to stop killing animals for food,to stop overhunting and overfishing,to stop industrial activities responsible for deforestation,desertification,air pollution and climate change,and to run animal experiments for science and medicine only in the extremely limited,most justified cases and only until new technologies make them no longer necessary.The conclusion was that to achieve these goals,new global governing mechanisms are needed.Specifically,the establishment of a Government of Earth,the next step of the political process that started with the United Nations in the first place,may be necessary to solve the global problems of wildlife and biodiversity protection since meaningful solutions for global problems require global governing mechanisms.
文摘On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.
文摘The three pillars of sustainability framework is a multidisciplinary implementation and solutions oriented approach that recognizes most successful and scalable sustainability solutions require the presence of, and are driven by, all three pillars simultaneously: 1) technology and innovation;2) laws and governance;and 3) economics and financial incentives. The three pillars framework is strategic because it often reveals or describes specific and feasible changes that advance sustainability solutions within markets and institutional settings. The section on technology discusses the crucial role that technology plays in creating new ways for doing more in our rapidly urbanizing communities by using less resources and energy inputs. The section on economics discusses problems with current conceptions of economic welfare that measure growth (flow) rather than the asset base (wealth), and explores possibilities for integrated and multidisciplinary analysis for coupled economic and social systems. The section on laws and governance considers the role of legal frameworks related to incentives, regulatory baselines, and in public policy formation, including influences and feedback effects from social norms, changing culture, and sustainability education. Technological development and engaging economic markets are at the center of our best and most rapidly deployable sustainability solutions. In that context, a specific focus is given throughout the discussion sections to the key role of laws and governance in supporting relevant, effective, and sustainable technological and economic development, as well as to highlight the crucial (often final) steps the law plays in successfully implementing new sustainability projects. As the discussions and examples (taken from Asia, the US, and Europe) demonstrate, the three pillars framework is flexible and useful in a number of contexts, as a solutions template, as an integrated planning approach, as a decision making guide, and for determining project priorities.
文摘Karst aquifers occur worldwide and exhibit groundwater flow responses that differ considerably from aquifers lacking fractures, bedding planes, and other karst conduits where significant and rapid groundwater flow can occur. The regional, karst Floridan aquifer system underlies the United States (US) Southeastern Coastal Plain Physiographic Region and exhibits hydrologic interconnections with overlying surficial aquifers and throughout other zones of the aquifer system, as is characteristic of other karst aquifer systems. Anthropogenic groundwater declines in this regional karst aquifer system have been documented in published literature for decades, but the impacts of those declines in this coastal plain region and the embedded ecosystems that provide essential and critical habitat for native, endemic, and federally endangered and threatened species have not been considered previously. Those anthropogenic groundwater declines reduce surfacewater levels and flows due to the capture of both groundwater and overland flow of surfacewater, resulting in induced recharge through semi-confining zones and interbasin flow through fractures and other karst conduits. This case study identifies examples from the Greater Okefenokee Swamp Basin study area and comparison areas of how those declines result in loss of historic base flow to surface waters and other capture of surface waters, ultimately increasing saltwater intrusion. Those results alter and degrade the physical, chemical, and biological integrity of the nation’s waters, in violation of the US Clean Water Act (CWA) of 1972. Historic groundwater declines from mining and other anthropogenic groundwater withdrawals from this regional karst aquifer system already threaten the survival and recovery of federally endangered and threatened species, as well as existing and proposed critical habitat for those species within this regional extent, in violation of the Endangered Species Act (ESA) of 1973. This case study and its companion publication (Part 2) appear to be the first to provide scientific support for this regional karst aquifer system as the unifying factor in habitat responses to irreversible groundwater impacts on aquatic and marine ecosystems. These adverse impacts strongly suggest that the extent of the regional Floridan aquifer system should be designated as the Southeastern Coastal Plain Ecoregion for the purpose of managing natural resources. Mining activities continue to expand in our study area, which is the Greater Okefenokee Swamp Basin. Despite that fact, no comprehensive Areawide Environmental Impact Statement (AEIS), similar to the AEIS required for phosphate mining within the Central Florida Phosphate District (CFPD) approximately a decade ago has been conducted for any of the numerous mining projects that are occurring and are proposed within the Greater Okefenokee Swamp Basin. This case study also provides examples of why a comprehensive AEIS is essential to consider all of the adverse direct, indirect, and cumulative impacts of those mining activities to the CWA, the ESA, and the irreversible losses to local economies, because federal agencies responsible for considering those adverse impacts rely on public comments to identify those adverse impacts. The mining activities authorized throughout the regional Floridan aquifer system under Category 44 Nationwide Permits (NWP) result in the same type of adverse impacts as the mining activities evaluated under Individual Permits in that region. Therefore, those Category 44 NWP mining activities also should be required to obtain Individual Permits and be evaluated under an AEIS in the Greater Okefenokee Swamp Basin. This case study also describes how Florida’s assumption of the CWA Section 404 regulatory authority in 2020 severs four sub-basins within the Greater Okefenokee Swamp Basin study area at the state line between Florida and Georgia.
基金a preliminary result of the Chinese Government Scholarship High-level Graduate Program sponsored by China Scholarship Council(Program No.CSC202206310052)。
文摘The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries.
文摘The unity of “party spirit-people’s nature” is the basic proposition of Xi Jinping’s governance.Deng Xiaoping summarized the experience and lessons in the early days of reform and opening up,and put forward the basic line of the “leadership and unity” of the party in the early stage of socialism around “one center,two basic points”;Xi Jinping’s so-called “unification”,which is based on the the basic line of Deng Xiaoping’s initial stage of building a socialist country that is “rich,strong,democratic,civilized,harmonious and beautiful”,has further established the importance of “people as the center” and “party’s leadership”.Therefore,the “people-centered” and “the party’s overall leadership” are unified and become the basic idea of General Secretary Xi Jinping’s governance of the country.Xi Jinping has put forward the unity of “party spirit-people’s nature”,the “consistency” between governing the country and politics,and the “integration” between the people’s interests and the party’s leadership,thus forming “persistence”,“comprehensive”,“confidence”,“maintenance” and other assertions.
文摘The accounting profession does not have a long history. It is mainly evolved in the last 150 years in the modem sense. Many factors influence the development of accounting and there are many reasons why countries have developed different accounting systems. Among these factors, the relationship between the legal system and the accounting profession is considered worthy of examination. For this purpose, the accounting professions of selected countries are studied. This study clearly demonstrates that the accounting profession in a country has been significantly affected by the judicial system of that country. In addition, the accounting and auditing environment is divided into two separate professions in the code law countries, whereas in the common law countries the profession is mainly organized under one title. However, because of historical or cultural influences, exceptions do exist in countries like Japan, Bulgaria, and Greece.
基金part of the results(presented in stages)of"Research on the Legislative System of Cities with Subordinate Districts"(16XFX004)-a program of National Social Sciences Fund in Western China"Empirical Research on Local Legislation"(16XW16)-a research focus of Sichuan Academy of Social Sciences under a key program launched by the Publicity Department of the CPC Sichuan Provincial Committee
文摘The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.
文摘This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an "extralegal" category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.
文摘Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.
文摘The regulation of herbal traditional medicine(HTM)is of much importance as it ensures the safety,quality and efficacy thereof.However,there are variations in the regulation of HTM worldwide with some countries being more supportive of HTM than others.This literature review aimed to evaluate and compare the regulatory policies governing the use of HTM in developed and developing countries as well as to determine the regulatory challenges faced by regulatory authorities and governments across the world.The countries investigated in this study were Germany,the United States of America,Japan,South Africa,China and India.Variations were evident between countries,however,Germany and Japan were found to be more advanced with regards to the regulation of HTM.Germany and Japan had stricter regulatory policies and lesser safety concerns.South Africa and the United States of America appear to have inadequate or ineffective HTM regulatory systems which was seen by the countries’limited or lack of regulations and additional safety concerns.The findings showed the difference in HTM regulation between developed and developing countries were not as large as could be expected.The United States of America(developed country)was found to have poor HTM regulations,while China and India(developing countries)were found to have thorough regulations.The findings also show that both developed and developing countries continue to face challenges with regards to establishing regulations and registration procedures for HTM.
文摘In 2010,the Hungarian government established so-called“illiberal democracy.”Western courtiers have looked on with bewilderment over the past eight years at this political trajectory of Hungary.Some post-Communist countries that were committed to common European values,have already been implementing this illiberal democracy model.The perceived interests of the“nation”are taking centre stage and governments are subject to far fewer checks and balances.They are turning instead towards an alternative social,political,and economic model,in which the cultivation of traditional values and distinct national identities are of paramount ideological importance.This new model is frequently characterised by widespread,systematic state corruption,and an increasingly authoritarian political culture.The paper tries to shed light on the reasons of development of illiberal democracy in the European Union by examining the case in Hungary.Furthermore,the paper defines the price of partially giving up certain principles of liberal democracy,such as checks and balances,political pluralism,economic equality of market constituents,or the rule of law,in return of hoped greater economic and state efficiency.
文摘Corruption has had severe negative consequences on the economic growth and development of nations all over the world especially on developing countries. It has various implications for both the developed and developing economies. Corruption hampers development and thus raises the level of poverty in any economy that finds itself entrenched in corrupt practices. Corruption creates uncertainty and risk in the growth and development potential of any country. This paper presents a review of corruption as it relates to the economic development of Nigeria. By using a theoretical method of analysis, the study reveals that corruption is Nigeria's biggest challenge. It is clear to every citizen that the level of corruption in the country is high because it is found in every sector of the society. In public or private sector, corrupt practices are easily observable. Corruption has been a deterrent to economic development in Nigeria. The findings show that corruption has a significant negative effect on economic growth and development. The paper examines historical connection between the law and the economy and discusses the theoretical and conceptual issues in corruption and economic development and the role of lawyers in the economy. The paper also seeks to provoke debate on the role of law in the anti-corruption crusade, strengthening the rule of law and promoting economic development. It also identifies and discusses the impact and effects of corruption on economic development in Nigeria, while proffering policy recommendations that should underpin the road to Nigeria becoming the "next surprise", on indices such as transparency, accountability, and the application of the rule of law, in dealing with corruption leading to improved consumer price index (CPI) ranking, induce investment, and foster economic growth and development.
文摘There are two significant characteristics of LDCs' technology innovation: one is original innovation substituted by imitation and adaptive innovation, and the other is government guiding innovation. From the experiences of LDCs after World War Two, the key to achieve effective technology innovation exits in two facts: technological capability of innovation and reaction mechanism of innovation induction~
文摘The right to water is an emerging sort of human rights aiming to protect the right to water indispensable for the survival and development of individuals. From the perspective of International Human Rights Law, the paper analyzes the standards stipulating the international obligations to safeguard the right to water, inspects the state quo of the protection of the right to water in China and demonstrates the lawful suggestions to safeguard the right to water.
文摘The leaders of the Meiji Restoration believed in their master, Yoshida Shoin (吉田松陰), who claimed that in order for the islands of Japan not to be a colony of the powerful Western states, Japan had to conquer nearby countries. This led to Japan’s invasion of the Ryukyu Islands, Taiwan, Korea, and Manchuria, which ultimately led to the Manchurian Incident of 1931, the Sino-Japanese War, and the Pacific War. Surprisingly, the subject and the timing of each and every one of these acts of war were in the same order of Yoshida Shoin’s proposal on preoccupancy. The Sino-Japanese war of 1894 was romanticized as clearing the barbaric culture by civilization, and the Russo-Japanese war of 1904 was romanticized as the realization of Eastern Peace. However, Japanese policies of aggressions were first deemed illegal by international law during the 1931 Manchurian Incident by the investigations of the League of Nations. The Japanese Empire received the recommendation by the League of Nations to restore to original state, but declined and exited from the League of Nations. Following their exit, they started the Sino-Japanese War and the Pacific War and eventually lost in 1945. The goal of the San Francisco Peace Treaty of 1951 was to punish Japan’s aggressions. However, as the Cold War between the East and the West started to arise in 1948, the punishment was eased, and their punishment for the aggressions on the Ryukyu Islands, Taiwan, and Korea was nearly unasked for. This paper examines the issues of the San Francisco Peace Treaty in the views of the international law of the League of Nations, established by Manley O. Hudson of Harvard University and others in U.S. academia and judiciary.
文摘On December 8, 2021, China’s State Council Information office(SCIo) and Ministry of Foreign Affairs co-hosted the “2021 South-South Human Rights Forum” in Beijing. The forum is themed on “putting people First and Global Human Rights Governance”. Four sub-themes, namely, “Building a Global Community of Health for All and protecting Human Rights”, “Anti-poverty Ffforts and Realization of the Right to Development”, “Multilateralism and Global Human Rights Governance”, and “The Role of Developing Countries in Global Human Rights Governance”, were discussed by delegates from more than 100 countries and international organizations. Within the framework of the theme of the forum, the delegates fully discussed on how to better respect and protect human rights, advance equal cooperation, share development outcomes, seek common and sustainable development, maintain fairness and justice in the international community, and improve the basic experience of the protection of human rights, and so on. As an important platform for the exchanges and cooperation of developing countries in human rights, the South-South Human Rights Forum has effectively promoted mutual understanding, inclusiveness and mutual learning on human rights governance.
基金This article is a major project of National Social Science Foundation of China(20ZDA098).
文摘The call to advance the rule of law in foreign-related affairs is an important component of China's strategic move to a great modern country.In modern times,Western countries have applied rule of law practices in their modernization,demonstrating the values of a sound rule of law system for national strength.In particular,the rule of law,extended beyond national borders,provides a crucial guarantee for a great modern country's sustained,stable,and healthy path,and is also a clear symbol of a country's soft power.As China is progressing to become a great modern country,there is a need to pay a particularly close attention to the rule of law,actively promoting the legalization of foreign-related work.China's stance on the rule of law in foreign-related affairs should include both a principle of defending its core interests and a principle of advocating shared values and of promoting mutually beneficial cooperation.In the context of this era,China's international law professional community should delve into appropriate models that can facilitate smooth progress on the path to modernization,further enhancing the rule of law in China and the successful emergence of a great modern country.