Historical materialism provides a methodology for solving the problem of ecological justice,that is,consciously constructing the socialist power system is the prerequisite and foundation for realizing ecological justi...Historical materialism provides a methodology for solving the problem of ecological justice,that is,consciously constructing the socialist power system is the prerequisite and foundation for realizing ecological justice.In essence,the fundamental nature of the socialist power system,namely,“affinity to the people”,determines the realistic possibility of ecological justice.展开更多
Historical materialism provides the ontology basis to understand the contemporary ecological justice problem,which is the perspective for analyzing ecological interests from the nature,structure,and transition of the ...Historical materialism provides the ontology basis to understand the contemporary ecological justice problem,which is the perspective for analyzing ecological interests from the nature,structure,and transition of the social power system.The transcendence of Marx’s thoughts on western mainstream environmental justice theory lies that it does not based on the“speculative ontology”of metaphysics,but on the basis of“realistic ontology”of social power system.展开更多
Geographical information systems (GIS) are often used to design environmental justice (EJ) policy interventions. Leveraging GIS and other graphics, overburdened EJ communities can learn from maps that geographically l...Geographical information systems (GIS) are often used to design environmental justice (EJ) policy interventions. Leveraging GIS and other graphics, overburdened EJ communities can learn from maps that geographically link environmental burden (EB) and social disparity (SD) data. Visually representing EB and SD data concretizes the unjust distributions of environmental and broader inequitable societal policies. These maps can be used to efficaciously assess EJ disparities created by such policies through exploring socioeconomic characteristics with local communities. Given the great variation in how GIS EJ applications measure and visualize EB and SD, we present a community-based participatory design (CBPD) lens to collaboratively work across overburdened communities and support making EJ data accessible to all stakeholders. Our location proximity approach is a powerful way to assess overburdened EJ communities because it relies on user-predefined boundaries, and it doesn’t use a single fixed unit of reference to prioritize areas of intervention. Moreover, most areal unit applications use ordinal measures, such as percentiles, and multidimensional indexes, which are intelligible to understand by many residents. Leveraging a community-based participatory design methodology, we present our novel Proximity to Hazards Dashboard (PHD) that includes data on asphalt plants and industrial corridors, hazards often missing from state-level dashboards but very relevant for city policymaking, as well as more traditionally used environmental hazard sources. The use of the tool by policymakers and community members suggests that EJ categorization should focus less on procedural benchmarks and more on systemic change for policy impacts in ways that sustain the participatory nature of our approach.展开更多
The escalating occurrence of severe climatic events over the past decade,with a projection for further intensification due to the climate emergency,underscores the critical role of urban and regional planning in clima...The escalating occurrence of severe climatic events over the past decade,with a projection for further intensification due to the climate emergency,underscores the critical role of urban and regional planning in climate action towards just cities.Municipalities and regions are both significant contributors to CO_(2)emissions and are vulnerable to the adverse impacts of climate change.This paper contends that urban and regional planning must undergo a paradigm shift to address this challenge.Climate justice,encompassing dimensions of inequality and environmental equity,is a pivotal dialogue in these contexts.Through a comprehensive review,this study contributes to the evolving landscape of climate justice planning and policy,offering insights that could resonate across the Global South and beyond.As an illustrative case,the authors delve into Brazil’s climate challenges,discussing adaptation planning and post-disaster response,and emphasizing the need for localized and community-driven initiatives.This article delves into the interplay between Loss and Damage,adaptation,and just cities,with a focus on the Global South.The authors scrutinize the emerging discourse on Loss and Damage,its associations with climate impacts,and the quest for a just and equitable approach.The work advances the understanding of the distinction between adaptation and Loss and Damage actions,highlighting the significance of a dedicated fund for addressing Loss and Damage in vulnerable countries.展开更多
Organizations are facing challenges to cope with gender equity in the presence of a diverse workforce.The present study investigates the moderating impact of Islamic work ethics on the organizational justicegender equ...Organizations are facing challenges to cope with gender equity in the presence of a diverse workforce.The present study investigates the moderating impact of Islamic work ethics on the organizational justicegender equity relationship.Self-administered questionnaires were sent to employees working in a large private university in a State of Qatar.This study collected data from 250 employees with 66.12%response rate.The present study employed structural equation modelling to analyse data in SmartPLS 3.0 and SPSS version 24.Empirical findings revealed the significant relationship of distributive justice and interactional justice with gender equity.Procedural justice did not relate to gender equity.Furthermore,Islamic work ethics also moderated the relationship of interactional justice with gender equity.Limitations and implications have been added at the end of paper.This study is first in its nature revealing the conditional factor of Islamic work ethics on the organizational justicegender equity relationship.展开更多
With no knowledge of justice, Lear makes a serious mistake in judgment. If one cannot manage the relationship between justice and injustice; particularly, if a ruler always thinks the justice should serve him but forg...With no knowledge of justice, Lear makes a serious mistake in judgment. If one cannot manage the relationship between justice and injustice; particularly, if a ruler always thinks the justice should serve him but forgets he should as well obey the social disciplines; balance justice and injustice, this ruler will destroy his country. Only After a violent journey, Lear recognizes that he has misused justice and he bears responsibility for both his own problems and for those of others who suffers equally. He has learned that no one is above justice. The whole process makes Lear regret and remorse, which at the same time combines his justice and injustice.展开更多
At present,the publicity and education activities are being carried out in whole society to gather positive energy to achieve the social goal of building a well-off society.Development and justice are the proper meani...At present,the publicity and education activities are being carried out in whole society to gather positive energy to achieve the social goal of building a well-off society.Development and justice are the proper meaning to realize China dream.Undoubtedly,it has practical and theoretical significance to give a profound explanation and interpretation about the value orientation to realize China dream from the view of development and justice.This is what the article will elaborate.展开更多
It is observed that one of the causes of conflicts and crises in Nigeria society is the inability of the government,religious leaders,politicians and social groups to share equitably benefits,rewards,duties,rights,obl...It is observed that one of the causes of conflicts and crises in Nigeria society is the inability of the government,religious leaders,politicians and social groups to share equitably benefits,rewards,duties,rights,obligations,and opportunities to the society fairly and excusably to achieve social justice.In the context of the nation’s recent awakening to economic inequalities,it is most helpful here to revisit the meaning and roots of the concept of distributive justice.Distributive justice,requires that the allocation of income,wealth,and power in Nigerian society be evaluated in light of its effects on persons whose basic material needs are unmet.So to address the socio-political,economic,and security challenges of Nigerian society,the unequal distribution of wealth,power,and responsibilities,should be redressed to achieve a peaceful Nigerian society with justice,peace,and security.This work will use qualitative and quantitative methods to undergo the essay.The primary source will be through discussions and interactions with people that have idea on the problems generated by the unequal sharing of the societal power and economic benefits in Nigeria.The secondary source will be the use of the library materials,the Holy Scripture,books,internet,encyclopedia,and journals.Historical,sociological,and analytical approaches will be employed to analyze the data obtained from the sources.The work will dictate the setbacks which Nigeria has suffered by not implementing the principles of distributive justice in the sharing of rewards and responsibilities in Nigerian society.The challenges generated:insecurity,economic depression,political instability that resulted to the creation of different ethnic,religious,and regional militant groups which are strangulating the Nigerian society.To resolve the challenges,the work will address the constitution of the Federal Republic of Nigeria,provisions on the principles of Federal character,Quota System,Fundamental Objectives of State Policy,and the Principles of Fundamental Human Rights as well as considering the implications of the provisions and its effect on the issues to be discussed.Equally,the paper will make recommendations and contribute to how to resolve the irregularities in the sharing of benefits,rewards,and responsibilities in Nigeria society in order to stabilize socio-political,religious,and economic challenges of Nigerian State which will enable us to achieve a peaceful and stable Nigeria with good religion and politics with integrity.展开更多
Question: What Chinese lawyers do in legal proceedings to protect human rights? What will China do to help lawyers contribute more to its efforts to uphold human rights? Answer: Currently, China has more than 110,000 ...Question: What Chinese lawyers do in legal proceedings to protect human rights? What will China do to help lawyers contribute more to its efforts to uphold human rights? Answer: Currently, China has more than 110,000 lawyers and nearly 10,000 law finns. China attaches great importance to the展开更多
This article will briefly discuss the implications of recognition of ecological justice in relation to environmental education(EE) and education for sustainable development(ESD).It is argued that the present conceptio...This article will briefly discuss the implications of recognition of ecological justice in relation to environmental education(EE) and education for sustainable development(ESD).It is argued that the present conception of environment taught through EE and ESD negates the subjectivity of non-human species and ignores the ethical imperatives of ecological justice.Evocating environmental ethics,major directions integrating ecological justice into EE and ESD are proposed.展开更多
Adverse consequences to the ecological system and human health caused by impacts potentially attributable to climate change have already drawn great and widespread concern of many scientists and international organiza...Adverse consequences to the ecological system and human health caused by impacts potentially attributable to climate change have already drawn great and widespread concern of many scientists and international organizations.However,we still have a hard time determining exactly the impact of climate change on the environment or the damage that climate change inflicts on countries comprising small islands or low-lying lands in light of today's science and technology.The progress for dealing with the issue of loss and damage has been struggling for a long time from the beginning to the present.In this paper,the author begins by summarizing talks on the concept and the positions of commentators.The author is proposing that the development of future climate negotiations and rule-making process be based on global climate justice as a standard for measuring value.Also,the author proposes that a holistic view of climate justice be established.Generally,three aspects of climate justice can be derived.First,the dimension of human rights protection shows that protection of fundamental human rights is a logical precondition if small-island and low-lying countries are able to achieve climate justice.Second,the definite and traditional concepts of distributive justice and corrective justice hold the view that the principle of common but differentiated responsibilities should be upheld as a basic standard of allocating rights and duties associated with climate change.Third,climate justice requires that any state follow the "no-harm principle," which is regarded as an international customary rule.According to the principle,the obligation of states to prevent the use of their territory for causing trans-boundary harm to the environment shall be a violation of state responsibility,which incurs international punishment.Then we put forward three remedial approaches in light of climate justice,including the approach of State Responsibility(SR) based on the principles and rules of international human rights law and international environmental law.Based on clear rules,the judge can determine whether the damaging behavior or the damage perpetrated by a state party constitutes a state responsibility.The International Environmental Regulation(IEB),which means solving the problems within the framework established by the Conventions on Climate Change,takes advantage of the market mechanisms and incentives such as fund and insurance support system to relieve or compensate the loss and damage.International Environmental Dispute Settlement Mechanism(IEDSM),which includes the means such as consultations,negotiations,nonmandatory ways and international arbitration,international judicial ways to solve these disputes,functions as a procedural safeguard.As an active promoter of global climate governance,China should no doubt stand by the principle of Common But Differentiated Responsibility(CBDR) and take it as a basis for negotiations,actively strengthen the work of South-South cooperation,fulfill her international climate commitments without reservation,vigorously develop a low-carbon economy,and actively promote international negotiations on the subject of loss and damage.展开更多
The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient)...The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.展开更多
The key to global climate justice is how to define or distribute greenhouse-gas (sometimes abbreviated to GHG) emissions rights in different countries. Throe questions are to be answered: First, what does global cl...The key to global climate justice is how to define or distribute greenhouse-gas (sometimes abbreviated to GHG) emissions rights in different countries. Throe questions are to be answered: First, what does global climate justice distribute? Second, on what principle does it distribute? Third, what is the moral foundation of the principle? The thesis analyzes the peculiarity of GHG emissions permit as a global public resource and its consequent ethical issues. On the ground of egalitarianism, it proves the basic principle of distributing GHG emissions permit required by global climate justice, and the basic ethical ground of global climate justice accepted by international community.展开更多
In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the ...In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.展开更多
It is an unarguable fact that the urban-rural dual structure led to two different results. On the one hand,it had been playing a great role in the city development and prosperity,and on the other hand,it had led the s...It is an unarguable fact that the urban-rural dual structure led to two different results. On the one hand,it had been playing a great role in the city development and prosperity,and on the other hand,it had led the slow development of rural economy and the income gap between rural and urban areas. The government makes efforts to promote the process of urbanization to maintain the sustained development of China's economy and economic transformation which are the two needs of the Chinese reality. But in the top-level design of the policy,the government did not give a fair profits distribution to all social groups. On the contrary,the result of urban development is based on the expense of a part of the people's interests in exchange for the interests of another parts of the people,and especially on the government expropriation in the process of urban expansion. Under Land Administration Law of the People's Republic of China,the government monopolized the expropriation right of the rural land,and the rural collectives and farmers as the land owner and constructors respectively have no rights to decide the land use purposes. In fact,they are forced to accept the land compensation,and because of the little bargaining rights,they gain little from the land value increment. Comparatively,the governments became the biggest beneficiary who made use of the land as a source and capital to earn the achievement in their official career and more money required by the urban development. The paper mainly analyzes the current situation of the distribution of the land added value,elaborates the reasons why the government strives for the land interests,and discusses what farmers lose in the government expropriation. Last but not lest,the author reflects on the land reform and gives a proposal on distribution of land added value.展开更多
The use of coercion to alter behavior in persons with intellectual and other developmental disabilities has a long history. Despite the work of leaders in the development of Positive Behaviour Support (PBS), the use o...The use of coercion to alter behavior in persons with intellectual and other developmental disabilities has a long history. Despite the work of leaders in the development of Positive Behaviour Support (PBS), the use of chemical, mechanical, physical or personal, and environmental restraints continues, resulting in traumatization, physical and emotional harm, and in some instances, death. When coercion is used, the trust between people breaks down, and the lack of trust is reinforced by the power differentials present when coercion occurs. Social justice provides an avenue for rebalancing power and regaining trust, but people affected by disabilities have historically been excluded from theories of social justice and, in some cases, do not fall within the definition of what it means to be a person in the paradigms put forth by a number of different authors. The term non-coercive has been used in an attempt to reframe behavior change theories and practices, but this term describes the absence of negative circumstances and interventions, rather than the presence of positive and affirming interactions which improve the quality of life of all stakeholders.展开更多
Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experien...Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.展开更多
文摘Historical materialism provides a methodology for solving the problem of ecological justice,that is,consciously constructing the socialist power system is the prerequisite and foundation for realizing ecological justice.In essence,the fundamental nature of the socialist power system,namely,“affinity to the people”,determines the realistic possibility of ecological justice.
文摘Historical materialism provides the ontology basis to understand the contemporary ecological justice problem,which is the perspective for analyzing ecological interests from the nature,structure,and transition of the social power system.The transcendence of Marx’s thoughts on western mainstream environmental justice theory lies that it does not based on the“speculative ontology”of metaphysics,but on the basis of“realistic ontology”of social power system.
文摘Geographical information systems (GIS) are often used to design environmental justice (EJ) policy interventions. Leveraging GIS and other graphics, overburdened EJ communities can learn from maps that geographically link environmental burden (EB) and social disparity (SD) data. Visually representing EB and SD data concretizes the unjust distributions of environmental and broader inequitable societal policies. These maps can be used to efficaciously assess EJ disparities created by such policies through exploring socioeconomic characteristics with local communities. Given the great variation in how GIS EJ applications measure and visualize EB and SD, we present a community-based participatory design (CBPD) lens to collaboratively work across overburdened communities and support making EJ data accessible to all stakeholders. Our location proximity approach is a powerful way to assess overburdened EJ communities because it relies on user-predefined boundaries, and it doesn’t use a single fixed unit of reference to prioritize areas of intervention. Moreover, most areal unit applications use ordinal measures, such as percentiles, and multidimensional indexes, which are intelligible to understand by many residents. Leveraging a community-based participatory design methodology, we present our novel Proximity to Hazards Dashboard (PHD) that includes data on asphalt plants and industrial corridors, hazards often missing from state-level dashboards but very relevant for city policymaking, as well as more traditionally used environmental hazard sources. The use of the tool by policymakers and community members suggests that EJ categorization should focus less on procedural benchmarks and more on systemic change for policy impacts in ways that sustain the participatory nature of our approach.
基金The São Paulo Research Foundation(FAPESP)supported this study,with the Process 2023/09825-4.
文摘The escalating occurrence of severe climatic events over the past decade,with a projection for further intensification due to the climate emergency,underscores the critical role of urban and regional planning in climate action towards just cities.Municipalities and regions are both significant contributors to CO_(2)emissions and are vulnerable to the adverse impacts of climate change.This paper contends that urban and regional planning must undergo a paradigm shift to address this challenge.Climate justice,encompassing dimensions of inequality and environmental equity,is a pivotal dialogue in these contexts.Through a comprehensive review,this study contributes to the evolving landscape of climate justice planning and policy,offering insights that could resonate across the Global South and beyond.As an illustrative case,the authors delve into Brazil’s climate challenges,discussing adaptation planning and post-disaster response,and emphasizing the need for localized and community-driven initiatives.This article delves into the interplay between Loss and Damage,adaptation,and just cities,with a focus on the Global South.The authors scrutinize the emerging discourse on Loss and Damage,its associations with climate impacts,and the quest for a just and equitable approach.The work advances the understanding of the distinction between adaptation and Loss and Damage actions,highlighting the significance of a dedicated fund for addressing Loss and Damage in vulnerable countries.
文摘Organizations are facing challenges to cope with gender equity in the presence of a diverse workforce.The present study investigates the moderating impact of Islamic work ethics on the organizational justicegender equity relationship.Self-administered questionnaires were sent to employees working in a large private university in a State of Qatar.This study collected data from 250 employees with 66.12%response rate.The present study employed structural equation modelling to analyse data in SmartPLS 3.0 and SPSS version 24.Empirical findings revealed the significant relationship of distributive justice and interactional justice with gender equity.Procedural justice did not relate to gender equity.Furthermore,Islamic work ethics also moderated the relationship of interactional justice with gender equity.Limitations and implications have been added at the end of paper.This study is first in its nature revealing the conditional factor of Islamic work ethics on the organizational justicegender equity relationship.
文摘With no knowledge of justice, Lear makes a serious mistake in judgment. If one cannot manage the relationship between justice and injustice; particularly, if a ruler always thinks the justice should serve him but forgets he should as well obey the social disciplines; balance justice and injustice, this ruler will destroy his country. Only After a violent journey, Lear recognizes that he has misused justice and he bears responsibility for both his own problems and for those of others who suffers equally. He has learned that no one is above justice. The whole process makes Lear regret and remorse, which at the same time combines his justice and injustice.
文摘At present,the publicity and education activities are being carried out in whole society to gather positive energy to achieve the social goal of building a well-off society.Development and justice are the proper meaning to realize China dream.Undoubtedly,it has practical and theoretical significance to give a profound explanation and interpretation about the value orientation to realize China dream from the view of development and justice.This is what the article will elaborate.
文摘It is observed that one of the causes of conflicts and crises in Nigeria society is the inability of the government,religious leaders,politicians and social groups to share equitably benefits,rewards,duties,rights,obligations,and opportunities to the society fairly and excusably to achieve social justice.In the context of the nation’s recent awakening to economic inequalities,it is most helpful here to revisit the meaning and roots of the concept of distributive justice.Distributive justice,requires that the allocation of income,wealth,and power in Nigerian society be evaluated in light of its effects on persons whose basic material needs are unmet.So to address the socio-political,economic,and security challenges of Nigerian society,the unequal distribution of wealth,power,and responsibilities,should be redressed to achieve a peaceful Nigerian society with justice,peace,and security.This work will use qualitative and quantitative methods to undergo the essay.The primary source will be through discussions and interactions with people that have idea on the problems generated by the unequal sharing of the societal power and economic benefits in Nigeria.The secondary source will be the use of the library materials,the Holy Scripture,books,internet,encyclopedia,and journals.Historical,sociological,and analytical approaches will be employed to analyze the data obtained from the sources.The work will dictate the setbacks which Nigeria has suffered by not implementing the principles of distributive justice in the sharing of rewards and responsibilities in Nigerian society.The challenges generated:insecurity,economic depression,political instability that resulted to the creation of different ethnic,religious,and regional militant groups which are strangulating the Nigerian society.To resolve the challenges,the work will address the constitution of the Federal Republic of Nigeria,provisions on the principles of Federal character,Quota System,Fundamental Objectives of State Policy,and the Principles of Fundamental Human Rights as well as considering the implications of the provisions and its effect on the issues to be discussed.Equally,the paper will make recommendations and contribute to how to resolve the irregularities in the sharing of benefits,rewards,and responsibilities in Nigeria society in order to stabilize socio-political,religious,and economic challenges of Nigerian State which will enable us to achieve a peaceful and stable Nigeria with good religion and politics with integrity.
文摘Question: What Chinese lawyers do in legal proceedings to protect human rights? What will China do to help lawyers contribute more to its efforts to uphold human rights? Answer: Currently, China has more than 110,000 lawyers and nearly 10,000 law finns. China attaches great importance to the
文摘This article will briefly discuss the implications of recognition of ecological justice in relation to environmental education(EE) and education for sustainable development(ESD).It is argued that the present conception of environment taught through EE and ESD negates the subjectivity of non-human species and ignores the ethical imperatives of ecological justice.Evocating environmental ethics,major directions integrating ecological justice into EE and ESD are proposed.
文摘Adverse consequences to the ecological system and human health caused by impacts potentially attributable to climate change have already drawn great and widespread concern of many scientists and international organizations.However,we still have a hard time determining exactly the impact of climate change on the environment or the damage that climate change inflicts on countries comprising small islands or low-lying lands in light of today's science and technology.The progress for dealing with the issue of loss and damage has been struggling for a long time from the beginning to the present.In this paper,the author begins by summarizing talks on the concept and the positions of commentators.The author is proposing that the development of future climate negotiations and rule-making process be based on global climate justice as a standard for measuring value.Also,the author proposes that a holistic view of climate justice be established.Generally,three aspects of climate justice can be derived.First,the dimension of human rights protection shows that protection of fundamental human rights is a logical precondition if small-island and low-lying countries are able to achieve climate justice.Second,the definite and traditional concepts of distributive justice and corrective justice hold the view that the principle of common but differentiated responsibilities should be upheld as a basic standard of allocating rights and duties associated with climate change.Third,climate justice requires that any state follow the "no-harm principle," which is regarded as an international customary rule.According to the principle,the obligation of states to prevent the use of their territory for causing trans-boundary harm to the environment shall be a violation of state responsibility,which incurs international punishment.Then we put forward three remedial approaches in light of climate justice,including the approach of State Responsibility(SR) based on the principles and rules of international human rights law and international environmental law.Based on clear rules,the judge can determine whether the damaging behavior or the damage perpetrated by a state party constitutes a state responsibility.The International Environmental Regulation(IEB),which means solving the problems within the framework established by the Conventions on Climate Change,takes advantage of the market mechanisms and incentives such as fund and insurance support system to relieve or compensate the loss and damage.International Environmental Dispute Settlement Mechanism(IEDSM),which includes the means such as consultations,negotiations,nonmandatory ways and international arbitration,international judicial ways to solve these disputes,functions as a procedural safeguard.As an active promoter of global climate governance,China should no doubt stand by the principle of Common But Differentiated Responsibility(CBDR) and take it as a basis for negotiations,actively strengthen the work of South-South cooperation,fulfill her international climate commitments without reservation,vigorously develop a low-carbon economy,and actively promote international negotiations on the subject of loss and damage.
文摘The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.
文摘The key to global climate justice is how to define or distribute greenhouse-gas (sometimes abbreviated to GHG) emissions rights in different countries. Throe questions are to be answered: First, what does global climate justice distribute? Second, on what principle does it distribute? Third, what is the moral foundation of the principle? The thesis analyzes the peculiarity of GHG emissions permit as a global public resource and its consequent ethical issues. On the ground of egalitarianism, it proves the basic principle of distributing GHG emissions permit required by global climate justice, and the basic ethical ground of global climate justice accepted by international community.
文摘In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.
文摘It is an unarguable fact that the urban-rural dual structure led to two different results. On the one hand,it had been playing a great role in the city development and prosperity,and on the other hand,it had led the slow development of rural economy and the income gap between rural and urban areas. The government makes efforts to promote the process of urbanization to maintain the sustained development of China's economy and economic transformation which are the two needs of the Chinese reality. But in the top-level design of the policy,the government did not give a fair profits distribution to all social groups. On the contrary,the result of urban development is based on the expense of a part of the people's interests in exchange for the interests of another parts of the people,and especially on the government expropriation in the process of urban expansion. Under Land Administration Law of the People's Republic of China,the government monopolized the expropriation right of the rural land,and the rural collectives and farmers as the land owner and constructors respectively have no rights to decide the land use purposes. In fact,they are forced to accept the land compensation,and because of the little bargaining rights,they gain little from the land value increment. Comparatively,the governments became the biggest beneficiary who made use of the land as a source and capital to earn the achievement in their official career and more money required by the urban development. The paper mainly analyzes the current situation of the distribution of the land added value,elaborates the reasons why the government strives for the land interests,and discusses what farmers lose in the government expropriation. Last but not lest,the author reflects on the land reform and gives a proposal on distribution of land added value.
文摘The use of coercion to alter behavior in persons with intellectual and other developmental disabilities has a long history. Despite the work of leaders in the development of Positive Behaviour Support (PBS), the use of chemical, mechanical, physical or personal, and environmental restraints continues, resulting in traumatization, physical and emotional harm, and in some instances, death. When coercion is used, the trust between people breaks down, and the lack of trust is reinforced by the power differentials present when coercion occurs. Social justice provides an avenue for rebalancing power and regaining trust, but people affected by disabilities have historically been excluded from theories of social justice and, in some cases, do not fall within the definition of what it means to be a person in the paradigms put forth by a number of different authors. The term non-coercive has been used in an attempt to reframe behavior change theories and practices, but this term describes the absence of negative circumstances and interventions, rather than the presence of positive and affirming interactions which improve the quality of life of all stakeholders.
文摘Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.