Study on the Changes of China's Water Right System

Irrigation was developed in ancient China.The management of water resources has existed since ancient times when the embryonic form of water right system was established.From perspectives of environmental law,the water rights system in ancient China,especially the water rights system after Ming Dynasty,gave no explicit concept to water rights,but the participatory management of water users was included in implementation.Such management had the same connotation with the modern concept of water rights and thereby it has an instructional significance to perfect the water rights system of in modern China.

Addressing Japan’s disposal of nuclear-contaminated water from the perspective of international human rights law

The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification,eventually entering the human body via the food chain.This poses a substantial risk of irreversible damage to both the ecosystem and human health,a situation that will worsen with the ongoing discharge of such water.The respect and protection of human rights represent an international consensus,and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law.Since the Fukushima nuclear disaster,Japan has continuously violated its international legal obligations to protect human rights in several areas,including the resettlement of disaster victims,the reduction of nuclear radiation levels,and the handling of contaminated water.Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide,including environmental rights,the right to life,development rights,and food rights.In the aftermath of the Fukushima meltdown,the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels,endangering their rights to life,development,and health.Japan’s inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation.The release of nuclear-contaminated water poses a risk of Japan’s nuclear pollution to the people of neighboring countries and the global population at large.The principle of human rights underpins the theory of a community with a shared future for humanity,and human rights are a crucial area of China’s active participation in United Nations affairs and global governance.By voicing concerns over Japan’s potential human rights violations globally,China demonstrates its role as a responsible major country.In response to Japan’s breach of legal obligations and human rights violations,China can adopt a reasoned and beneficial approach,including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment.Furthermore,China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability,utilizing the mechanisms of international human rights organizations to make its voice heard.

Protection of the Right to Data Privacy Under the Liberalization of Digital Trade

In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequently,as an inherent demand for data privacy,trade liberalization is closely linked to the right to data privacy,and data privacy protection is increasingly becoming a trade issue.However,conflicting rule settings between the two create discrepancies and result in differing rule-making approaches.The concept of the right to data privacy provides guidance and evaluative functions for the development of trade liberalization,facilitating the healthy development of digital trade.It is appropriate to treat the interaction between trade liberalization and data privacy protection in a rational way and to place them within independent systems at this stage.Data localization measures are an effective way to balance digital trade liberalization with the right to data privacy.As a data privacy protection measure,data localization has legitimacy within the trade law framework.Looking ahead,to achieve a harmonious advancement of digital trade liberalization and protection of the right to data privacy,all parties should uphold the premise of the national regulatory autonomy,and respect the data localization measures adopted by countries based on their own national conditions and personal data protection considerations.

Defect and Innovation of Water Rights System

The rare deposition of water resources conflicts with its limitless demand. This determined the existence of the water rights transaction system. The implementation of the water rights transaction system requires clarifying the definition of water resource right above all distinctly. At present, it is a kind of common right system arrangement which needs the Chinese government to dispose of water resources. Though a series of management systems guaranteed the government＇s supply of water resource, it hindered the development of the water market seriously and caused the utilization of water resources to stay in the inefficient or low efficient state for a long time. Thus, we should change the government＇s leading role in the resource distribution and really rely on the market to carry on the water rights trade and transaction. In this way, the water rights could become a kind of private property right relatively, and circulate freely in the market. As a result of this, we should overcome the defects of common right, make its external performance internalized maximally and achieve the optimized water resource disposition and use it more effectively.

Rebuilding water rights system from the perspective of usufruct

As the source of life,water is indispensable to human beings.Being aware of the water stress imposed by population growth,climate change,rapid urbanization,pollution,many scholars and decision makers argue that the establishment of water rights and their system is the primary measure to tackle the water crisis problem.However,no consensus has been reached regarding the definition,nature and content of water rights both practically and academically.By examining the existing theories regarding water rights,this article tries to redefine the entitlements from the aspect of civil law.Meanwhile,it provides a system which classifies various rights by the four functions of usufruct.

On Protection System of the Domestic Trade Name Rights

商号一直是我国知识产权保护的弱点,但商号在我国有着广泛的应用,并且具有巨大的商业利益,因此,我国的商号保护制度需要加强和改进。本文主要从商号的保护重要性和商号保护的具体措施的改进进行论述。

Impact of Sino-US Trade Agreement on Chinese Legal System about Intellectual Property Rights

On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.

Analysis of China’s Water Security and Virtual Water Trade

Producing goods and services all needs water consumption.The water used in the process of an agricultural or industrial product is called the"Virtual Water"contained in this product. Through international trade,water-scarce countries and regions could purchase water-intensive products--especially foods,from water-rich countries to balance their water deficits and achieve water safety.China is one of the 13 most water-deficit countries whose water safety have been severely challenged.This paper generalized the recent global research development and made a brief introduction about the methods calculating virtual water content in specific products.As a case study,we qualified China's annual virtual water flows from year 2000 to 2002 with trade in crops,and ended with some policy advice for application and practice of virtual water strategy.

Principal-subordinate hierarchical multi-objective programming model of initial water rights allocation

The principal-subordinate hierarchical multi-objective programming model of initial water rights allocation was developed based on the principle of coordinated and sustainable development of different regions and water sectors within a basin. With the precondition of strictly controlling maximum emissions rights, initial water rights were allocated between the first and the second levels of the hierarchy in order to promote fair and coordinated development across different regions of the basin and coordinated and efficient water use across different water sectors, realize the maximum comprehensive benefits to the basin, promote the unity of quantity and quality of initial water rights allocation, and eliminate water conflict across different regions and water sectors. According to interactive decision-making theory, a principal-subordinate hierarchical interactive iterative algorithm based on the satisfaction degree was developed and used to solve the initial water rights allocation model. A case study verified the validity of the model.

Spatial Heterogeneity of Embedded Water Consumption from the Perspective of Virtual Water Surplus and Deficit in the Yellow River Basin,China

Virtual water trade(VWT)provides a new perspective for alleviating water crisis and has thus attracted widespread attention.However,the heterogeneity of virtual water trade inside and outside the river basin and its influencing factors remains further study.In this study,for better investigating the pattern and heterogeneity of virtual water trade inside and outside provincial regions along the Yellow River Basin in 2015 using the input-output model(MRIO),we proposed two new concepts,i.e.,virtual water surplus and virtual water deficit,and then used the Logarithmic Mean Divisia Index(LMDI)model to identify the inherent mechanism of the imbalance of virtual water trade between provincial regions along the Yellow River Basin and the other four regions in China.The results show that:1)in provincial regions along the Yellow River Basin,the less developed the economy was,the larger the contribution of the agricultural sector in virtual water trade,while the smaller the contribution of the industrial sector.2)Due to the large output of agricultural products,the upstream and midstream provincial regions of the Yellow River Basin had a virtual water surplus,with a net outflow of virtual water of 2.7×10^(8) m^(3) and 0.9×10^(8) m^(3),respectively.3)provincial regions along the Yellow River Basin were in a virtual water deficit with the rest of China,and the decisive factor was the active degree of trade with the outside.This study would be beneficial to illuminate the trade-related water use issues in provincial regions along the Yellow River Basin,which has farreaching practical signific-ance for alleviating water scarcity.

Right recumbent position on gastric emptying of water evidenced by ^(13)C breath testing

AIM:To compare the impact of the right recumbent position with the sitting position on gastric emptying of water. METHODS:In eight healthy male volunteers,the 13C acetate breath test was performed twice to assess gastric emptying of 100 mL tap water.Subjects were seated in one test and lying on their right side in the other.In both positions,pulmonary 13CO2 exhalation curves were obtained by plotting breath data against time.Percent gastric retention curves were created by analyzing data using the Wagner-Nelson protocol. RESULTS:No significant posture effect was found in pulmonary 13CO2 output curves(P=0.2150),whereas a significant effect was seen in gastric retention curves (P=0.0315).The percent retention values at 10 min and 15 min were significantly smaller when subjects were in the right recumbent position compared with the seated position(P<0.05).Our results verified the accelerating effect of the right recumbent position on gastric emptying of non-nutritive solutions.Concerning clinical implications,this study suggests that placing patients with acute pain on their right side after oral administration of analgesic drugs in solution is justified as an effective practice for rapid pain relief.For patients with gastrointestinal reflux symptoms,sleeping in the right recumbent position may reduce nocturnal symptoms,as delayed gastric emptying can cause reflux symptoms. CONCLUSION:Gastric emptying of water occurs more quickly when a subject lies on the right side compared with sitting.

Study on the Definition and Allocation of the Rights to Water Utilization in the Ecological Environment

With the rapid development of population and economy, the conflict between the supply and demand of water resources is becoming outstanding increasingly, In China, many people concern about the problems of ecological environment water expenditure.However, owning to the shortage of water resources and indefinite water rights, “the hustle effect” of per capita water resource is appeared, Moreover. it caused a series of environment problems. This article differentiates and analyzes the relevant concepts about the ecological enviromnent, and puts forward the defined concept of the rights to the ecological environment water utilization. In addition, it points out the characteristic of those rights, and does elementary study on the allocation principle, methods, and steps on the rights.

The Application of Remote Sensing Monitoring Method and Groundwater Model for Water Rights Management in Haihe River basin

Groundwater is an important water resource in Haihe River basin,North China.The number of aquifers that appear to be declining under conditions of groundwater overdraft is increasing.To effectively manage the water resources,there is a strong scientific need to analyze the net use of this important water resource and to quantify the water rights allocation for improved understanding of the future water

Analysis and Discussion on Property Right of Rural Drinking Water Projects

Since rural drinking water projects have diversified investment subjects,complex form,and lacks property right system and policy at national level,there are many difficulties in determining property right of projects in many areas.This not only puzzles competent authorities and specific management institution,but also is unfavorable for long-term full play of project benefit.Combining related laws,regulations,and policies,this paper analyzed and discussed property right of rural drinking water projects.It proposed establishing usufructuary right to replace division of property right,in the hope of helping improve management of rural drinking water projects.

Study on Conflict of Trademark and Trade Name Right

The trademark right refers to the dominating right that the trademark owners enjoy on the use of the trademark, which is an important intellectual property right. The objects of the trademark right should include all the rights of the use of the trademark, which not only include the registered trademark, but also include the unregistered trademark that has been used. The trade name is the logo of the legal persons or other organizations in the civil and commercial activities to mark themselves and differ from others.

A study of benef its compensation mechanism for agricultural water rights trading under the restriction of ecological reconstruction:a case study of Shiyang River basin

Agricultural water allocation system based on priority rights has caused regional conflicts and downstream ecological degradation. It is the urgent need to introduce the concept of the initial water rights and establish benefits compensation mechanism to resolve such problems. This paper takes the Shiyang River basin as an example to calculate the opportunity cost of 0.97×10^8 m^3 of agricultural water encroached by the middle reach based on initial water right allocation system under which water is allocated in accordance with the ratio between agricultural population of two different regions concerning the downstream ecological reconstruction needs with Bio-economic model （BEM）. The results suggest that the total economic loss of Minqin County for ecological reconstruction amounts to 2.5 7×10^8 yuan, of which 1.68×10^8 yuan is ecological compensation, representing the economic loss Minqin suffered for ecological reconstruction which shouM burden beneficial groups of ecological reconstruction and 0.89 ×10^8 yuan is the economic loss Minqin suffered due to Liangzhou＇s encroachment behavior which should be compensated by Liangzhou.

On the Duty of the Government to Safeguard the Right to Water

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.

Revision of Trade Union Law: For Better Protection of Workers' Rights and Interests

On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights: