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“私国际法”和“International Private Law”考证 被引量:1
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作者 鲁世平 《西北大学学报(哲学社会科学版)》 CSSCI 北大核心 2016年第1期100-107,共8页
国际私法学科的中英文名称是一个有争议的问题,中文名称"私国际法"和英文名称"International Private Law"就是两例。将"Private International Law"直译为中文"私国际法",违反了术语系统性和... 国际私法学科的中英文名称是一个有争议的问题,中文名称"私国际法"和英文名称"International Private Law"就是两例。将"Private International Law"直译为中文"私国际法",违反了术语系统性和一致性的特点,也不符合英汉两种语言之间的句法结构和篇章结构的差异。将德文"Internationalen Privatrechts"直译为英文"International Private Law",违反了术语国际性和一致性的特点。所以,该学科的英文名称应为"Private International Law",也应中译为"国际私法";同时,取消中文名称"私国际法"和英文名称"International Private Law"。 展开更多
关键词 国际私法 私国际法 internationalPrivatelaw
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The Governance of Complementary Global Regimes Dealing With War and Crime:The Interaction Between the United Nations and the International Criminal Court
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作者 Andrea Marrone 《Journalism and Mass Communication》 2023年第1期17-25,共9页
The establishment of an international judicial institution responsible to verify on a case-by-case basis when serious humanitarian crimes would fall within the competence of domestic judicial authorities,and when an i... The establishment of an international judicial institution responsible to verify on a case-by-case basis when serious humanitarian crimes would fall within the competence of domestic judicial authorities,and when an international judiciary would be required is a visible accomplishment advocated for years.The important paradigm shift refers to governing the transitional challenges characterizing massive humanitarian escalations in conflict and post-conflict situations between the responsibility to protect civilians and the fight against the impunity of international crimes.In the current legislation of the UN the civilian protection duties are associated to the maintenance of peace and security and to the right of intervention in the domestic affairs of sovereign States for humanitarian reasons,extending further the reach of a criminal jurisdiction to punish the perpetrators.This has been the case in Darfur,Sudan,and Libya.Both these situations have been referred by the UN Security Council to the International Criminal Court(ICC).From an empirical perspective,it is still not demonstrated whether international criminal justice would have an impact on the maintenance and restoration of international peace and security,while its complementary role with global political regimes is in transition and deserves attention.The questions arising are as follow:how to rely on international criminal justice for the preservation,maintenance,and restoration of peace and security in extreme conflict zones,without solving the governance gaps during mass atrocity escalations characterized by jurisdictional referrals?Is this realistic considering the traditional concept of international security relying on old models of militarization,such as in the case of Libya?Are there political and strategic reasons for a postponement of accountability during such humanitarian interventions?In short,what kind of public authority is desired for the emerging regime of international criminal justice,and how would such tool function in the complexity of international governance? 展开更多
关键词 international law international Relations Peace and Security international Criminal Justice
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Building a Community with a Shared Future for Mankind: International Law-based Principles and Approaches 被引量:1
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作者 Li Zan Wu Lingwei +1 位作者 Xu Qingtong Cui Min 《Contemporary Social Sciences》 2018年第2期79-105,共27页
Building a community with a shared future for mankind is an important guiding principle for China to address foreign affairs in this new era, and its profound connotations echo the spirit of international law. In the ... Building a community with a shared future for mankind is an important guiding principle for China to address foreign affairs in this new era, and its profound connotations echo the spirit of international law. In the context of globalization, the ever-increasing common interests of the international community lay a material basis for building a community with a shared future for mankind. The doctrine of international community orientation, which is based on sovereignty and at the same time transcends sovereignty, forms an ideological basis for building a community with a shared future. Realizing international socialism and striking a balance between formalism and substantial justice is a moral prerequisite for building a community with a shared future. To reduce existing legal obstacles to international communications, the laws of all countries and regions exhibit a tendency towards legal assimilation, which is expected to be a domestic law approach to the building of a community with a shared future for mankind. The establishment of international legal systems and the development of international organizations have vigorously promoted and maintained world peace yet failed to bring about perpetual peace. International law should attach more importance to the facilitation of human inner peace so as to realize perpetual peace. This is a new international law-based approach to the building of a community with a shared future for mankind. China's peaceful rise, which is based on traditional Chinese culture and the basic principles of international law, is China's special contribution to this great cause. 展开更多
关键词 building a community with a shared future international law justice and peace
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Data-driven modeling on anisotropic mechanical behavior of brain tissue with internal pressure
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作者 Zhiyuan Tang Yu Wang +3 位作者 Khalil I.Elkhodary Zefeng Yu Shan Tang Dan Peng 《Defence Technology(防务技术)》 SCIE EI CAS CSCD 2024年第3期55-65,共11页
Brain tissue is one of the softest parts of the human body,composed of white matter and grey matter.The mechanical behavior of the brain tissue plays an essential role in regulating brain morphology and brain function... Brain tissue is one of the softest parts of the human body,composed of white matter and grey matter.The mechanical behavior of the brain tissue plays an essential role in regulating brain morphology and brain function.Besides,traumatic brain injury(TBI)and various brain diseases are also greatly influenced by the brain's mechanical properties.Whether white matter or grey matter,brain tissue contains multiscale structures composed of neurons,glial cells,fibers,blood vessels,etc.,each with different mechanical properties.As such,brain tissue exhibits complex mechanical behavior,usually with strong nonlinearity,heterogeneity,and directional dependence.Building a constitutive law for multiscale brain tissue using traditional function-based approaches can be very challenging.Instead,this paper proposes a data-driven approach to establish the desired mechanical model of brain tissue.We focus on blood vessels with internal pressure embedded in a white or grey matter matrix material to demonstrate our approach.The matrix is described by an isotropic or anisotropic nonlinear elastic model.A representative unit cell(RUC)with blood vessels is built,which is used to generate the stress-strain data under different internal blood pressure and various proportional displacement loading paths.The generated stress-strain data is then used to train a mechanical law using artificial neural networks to predict the macroscopic mechanical response of brain tissue under different internal pressures.Finally,the trained material model is implemented into finite element software to predict the mechanical behavior of a whole brain under intracranial pressure and distributed body forces.Compared with a direct numerical simulation that employs a reference material model,our proposed approach greatly reduces the computational cost and improves modeling efficiency.The predictions made by our trained model demonstrate sufficient accuracy.Specifically,we find that the level of internal blood pressure can greatly influence stress distribution and determine the possible related damage behaviors. 展开更多
关键词 Data driven Constitutive law ANISOTROPY Brain tissue internal pressure
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On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission 被引量:1
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作者 Min Zi 《China's Foreign Trade》 1995年第6期6-7,共2页
The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic dispu... The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council 展开更多
关键词 On the Eve of the Enforcement of the Arbitration law vice-chairman of China Council for the Promotion of international Trade and of the China international Economic and Trade Arbitration Commission An interview with Xu Dayou
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The Application of International Law with Regard to Cyber War in Terms of the Tallinn Manual 2.0
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作者 Cui Wenbo 《Contemporary International Relations》 2018年第3期128-145,共18页
The study of international law and regulation of cyber war in the Tallinn Manual 2.0 is questionable with regard to attribution, the use of force, the exercise of the right of self-defense, the application of the prin... The study of international law and regulation of cyber war in the Tallinn Manual 2.0 is questionable with regard to attribution, the use of force, the exercise of the right of self-defense, the application of the principle of distinction, and even the definition of‘cyber war'. The application of contemporary law of war to cyberspace, including the militarization of cyberspace itself, should be reviewed judiciously. The construction of a cyberspace community with a shared future may be a better way out. 展开更多
关键词 Tallinn Manual international law:cyberwar CYBERSPACE
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ASEAN Commitment to Sustainable Development in the Regional International Environmental Law Perspective
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作者 Andreas Pramudianto 《International Relations and Diplomacy》 2018年第3期171-187,共17页
The World Commission on Environment and Development in its report entitled“Our Common Future”has put forward the idea of sustainable development which is also an important part of the development of regional environ... The World Commission on Environment and Development in its report entitled“Our Common Future”has put forward the idea of sustainable development which is also an important part of the development of regional environmental law in Southeast Asia.In 1985 ASEAN Agreement on the Nature and Natural Resources has put sustainable development for the first time in ASEAN’s treaty.Sustainable development continues to grow through the 1987 Jakarta Resolution on Sustainable Development agreed upon by the leaders of ASEAN.This research will look at the importance of sustainable development as part of the regional environmental international law concept and how it has grown in ASEAN today.The purpose of this research is to know the various international agreements both soft law and hard law that puts sustainable development as an important element.The results show that sustainable development has become an integral part of the regional international environmental legal system in ASEAN.A provisional conclusion shows that ASEAN’s commitment to sustainable development has greatly improved the success of implementing environmental policies at the ASEAN level. 展开更多
关键词 sustainable development ASEAN international environmental law regional international agreements soft law and HARD law
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Human Rights Education in the Perspective of International Human Rights Law 被引量:1
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作者 GU SHENGKAI 《The Journal of Human Rights》 2007年第1期36-39,共4页
In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all,"... In a statement issued on the 2004 World Human Rights Day, Ms. Louse Arbour, United Nations High Commissioner for Human Rights, described human rights education as a strategy for attainment of "human rights for all," as a basic means for developing a universal culture of human rights, as an instrument for promoting equality and involvement of the people in decision-making under democratic mechanisms, and as an investment to prevent infringements upon human fights and to ward off conflicts of violence. It should be noted that so much importance attached by UN human rights organ to human rights education epitomizes the empowering characters of human rights education and the functions it performs in the global human rights system. 展开更多
关键词 In Human Rights Education in the Perspective of international Human Rights law
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International Law on Liability and Compensation in the Offshore Oil & Gas Industry
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作者 Erik ter Brake 《Journal of Shipping and Ocean Engineering》 2016年第3期185-190,共6页
Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and ca... Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and can cover a vast geographical area. As such, it raises the question as to whether liability and compensation in oil & gas related incidents should be covered under international law. Current international legislation addresses the issue mainly in terms of shipping. This paper attempts to shed light on the topic in relation to oil and gas exploration whilst investigating notable events in the UK and the USA. The findings show that domestic laws of these countries cover the matter sufficiently. However, the question of whether the regulation should fall under international regulation can unfortunately not be answered with confidence as it would require a test-case of a situation where an oil spill affects multiple littoral states. 展开更多
关键词 international law OFFSHORE oil gas LIABILITY Macondo.
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Vietnamese State Budget Accounting With the Relationships Between the State Budget Law and International Public Sector Accounting Standards (IPSAS)* Pham Quang Huy University of Economics, Ho Chi Minh City, Vietnam
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作者 Pham Quang Huy 《Journal of Modern Accounting and Auditing》 2013年第9期1194-1203,共10页
For a long time, Vietnam has modifications in all aspects in the society. For many years, Vietnam has improved features in administrative works as well as in different areas, such as public administration, finance, an... For a long time, Vietnam has modifications in all aspects in the society. For many years, Vietnam has improved features in administrative works as well as in different areas, such as public administration, finance, and accounting In the accounting content, budget accounting is an important thing which is worth noting. However, along with the achievements, Vietnam is also facing a number of limitations to be overcome for ensuring transparency in the state budget. Since then, the main purpose of the article is to provide a general picture of budget accounting in Vietnam and what has not been done through finding the relationships with budget regulations and international public sector accounting. The results showed that Vietnam will transform and issue the new law on budget and build up a new model for controlling information published by data accounting system in the future. 展开更多
关键词 state budget public sector budget law international standards international public sector accountingstandards (IPSAS)
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One Belt And One Road Policy from the Perspective of International Law
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作者 Hao Xu 《经济管理学刊(中英文版)》 2019年第1期96-98,共3页
"One Belt And One Road" is a major initiative put forward by China in the new historical period in accordance with the new development and changes in the international and domestic situation, and has been pr... "One Belt And One Road" is a major initiative put forward by China in the new historical period in accordance with the new development and changes in the international and domestic situation, and has been praised internationally. This paper makes an in-depth analysis of One Belt And One Road from the perspective of international law. Starting from the relationship between international law and One Belt And One Road, it explores the purpose, approach and existing realistic dilemma of One Belt And One Road from the perspective of international law, in order to put forward some useful insights for the rapid promotion of One Belt And One Road in China. 展开更多
关键词 ONE BELT And ONE ROAD international law POLICY
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Interpretation of the Concept of the Right to Internet Access from the Perspective of International Law
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作者 柳华文 严玉婷 《The Journal of Human Rights》 2016年第2期140-153,共14页
The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic ... The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law. 展开更多
关键词 internet access The right to access internet The human rights international law
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Modernization of International Humanitarian Law——The Origins and Evolution of the 1977 Additional Protocols to the 1949 Geneva Conventions
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作者 张卫华 QIAN chuijun(译) 《The Journal of Human Rights》 2018年第6期650-661,共12页
Regional wars and internal armed conflicts after the conclusion of the 1949 geneva conventions have presented new challenges to traditional international humanitarian law? To address those challenges, the internationa... Regional wars and internal armed conflicts after the conclusion of the 1949 geneva conventions have presented new challenges to traditional international humanitarian law? To address those challenges, the international community concluded two additional protocols in 1977 to the 1949 geneva conventions? Those two protocols have unified the Hague Rules and the geneva Rules in the realm of traditional laws on wars, improved the protection of civilians,expanded the concept of armed conflicts and combatants, and developed special treaties applicable to non-international armed conflicts,reaffirming and developing the principles and rules of international humanitarian law worldwide, and promoting its modernization? 展开更多
关键词 the Geneva Conventions 1977 Additional Protocols international Humanitarian law
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International Comparative Study on Education Laws of the Persons with Disabilities: An Observation on Regulations on the Education of Persons with Disabilities
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作者 黄伟 ZHANG Wenhong 《The Journal of Human Rights》 2017年第4期327-335,共9页
The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Educati... The issue of education for people with disabilities has become of increasing concern. How can we effectively guarantee the basic right to education for persons with disabilities? Will the revised Regulation on Education for Persons with Disabilities meet their needs? This article takes the Regulation on Education for Persons with Disabilities as the core and compares it with the related special educational laws of the United States, Britain and Japan. The following conclusions were drawn from this study: In terms of educational concept, the three countries follow the concept of inclusive education, and pursue equity and educational justice. They not only pay attention to inclusive education but also focus on improving the quality of education for students with disabilities. All three countries focus on accommodating children with special needs, but each implements its programs in a different way. These practices can be used as reference for the development of a special needs education law in China. 展开更多
关键词 children with disabilities right to education regulation on the education of persons with disabilities international law special needs
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Norms of International Law on Environmental Protection in Wartime: Application and Improvement
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作者 任卓冉 LIU Zhao(译) 《The Journal of Human Rights》 2022年第4期779-799,共21页
The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. Internat... The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke. 展开更多
关键词 WARTIME environmental protection international environmental law war law
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China Academy of Arbitration Law First Publishes China International Commercial Arbitration Annual Report
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作者 Audrey Guo 《China's Foreign Trade》 2015年第5期31-,共1页
At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Ann... At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Annual Report (2014).This is the first report released 展开更多
关键词 China Academy of Arbitration law First Publishes China international Commercial Arbitration Annual Report
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The Development of International Human Rights Law and the Chinese Contribution to the Global Human Rights Cause
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作者 迟德强 YIN Tao(译) 《The Journal of Human Rights》 2019年第6期802-814,共13页
Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption ... Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption of the Universal Declaration of Human Rights in 1948 that marked the initial formation of international human rights law.Today,the world has formed a relatively comprehensive system of international human rights law and mechanisms.Since the founding of the People’s Republic of China,and in particular after she introduced reform and opening-up policy in 1978,the Chinese government has actively participated in international human rights causes.To date,the Chinese government has ratified 26 human rights conventions and fulfilled the obligations required by these.China has put forward and continually enriched human rights theory of socialism with Chinese characteristics,emphasizing the importance of state sovereignty in safeguarding human rights and the resolution of human rights controversies through dialogue,thereby contributing to the global human rights cause. 展开更多
关键词 international HUMAN RIGHTS law theory of HUMAN RIGHTS with CHINESE characteristics SOVEREIGNTY
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Law School of Nankai University Holds International Seminar on National Human Rights Action Plan
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作者 NIU TINGTING & DONG YAN 《The Journal of Human Rights》 2009年第4期38-39,共2页
The Information Office of the State council issued the first National Human Rights Action Plan of China (NHRAP) (2009-2010) on April 13, 2009. The Nankai University participated in the drafting of this significant... The Information Office of the State council issued the first National Human Rights Action Plan of China (NHRAP) (2009-2010) on April 13, 2009. The Nankai University participated in the drafting of this significant national document on human rights, with three teachers invited one after another to work at the panel of experts under the drafting committee. In cooperation with the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWlHRHL) of Sweden, the Research Center for Human Rights under Law School of the university held an international seminar titled "Formulation and Implementation of NHRAP- Swedish Experience." 展开更多
关键词 In SCHOOL law School of Nankai University Holds international Seminar on National Human Rights Action Plan
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The Rights of Persons Charged with Penal Offences to Access to Lawyers——A comparison between international and domestic laws
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作者 ZHANG ZHIMING 《The Journal of Human Rights》 2007年第2期29-31,共3页
I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of H... I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence." This means (1) the right to defence is a basic human right due to all persons charged with a penal offence; (2) it is a basic requirement for the principle of presumption of innocence and fair trial; and (3) the realization of the fight needs practical and effective guarantees. 展开更多
关键词 A comparison between international and domestic laws The Rights of Persons Charged with Penal Offences to Access to lawyers ACCESS
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Reflection and operationalization of the common but differentiated responsibilities and respective capabilities principle in the transparency framework under the international climate change regime 被引量:4
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作者 WANG Tian GAO Xiang 《Advances in Climate Change Research》 SCIE CSCD 2018年第4期253-263,共11页
“Common but differentiated responsibilities and respective capabilities”(CBDRRC) is the most significant guiding principle in the international climate change regime, created by the United Nations Framework Conventi... “Common but differentiated responsibilities and respective capabilities”(CBDRRC) is the most significant guiding principle in the international climate change regime, created by the United Nations Framework Convention on Climate Change in 1992 and inherited by the Paris Agreement 24 years later. This paper examines the operationalization of the CBDRRC principle in one of the cornerstone rules of the regimedits transparency provisions, both in existing practice under the convention and possible evolvement in negotiations under the Paris Agreement, from the perspectives of both international rule-making and domestic implementation. The authors have found a continuous enhancement of the transparency framework since the 1990s, and gradual consolidation of a bifurcated system between developed and developing countries into a common one. The authors argue that the transparency framework, as part of the procedural rules, should be designed to facilitate transparent information sharing in accordance with substantive commitments under international climate change laws. Thus, it indirectly reflects historical responsibilities for climate change, while the framework should also be designed as feasible and reflective of the respective capabilities of nations. Finally, the evolution of the transparency framework will aim to enact common and enhanced provisions while differentiating between developed and developing countries in the near term, and greater transparency-related capacity-building for developing countries. 展开更多
关键词 international climate change law UNFCCC PARIS agreement TRANSPARENCY Common but DIFFERENTIATED responsibilities and respective capabilities PRINCIPLE
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