On Translation Approaches of International Treaties from English to Chinese-A Case Study of CISG

With the acceleration of the process of globalization and the more important role China is playing on international stage,both our economic systems and our notions of right and system of law should and had to be improved to attune to new conditions.In this process,many laws and customs including international treaties need to be translated from English to Chinese to make it convenient for scholars,researchers and legal workers and practitioners in law to study and practice.However,theoretical research on legal translation,especially from the perspective of standards of the translation of treaties,still lags behind.

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.

On the Normative Structure of International Human Rights Treaties Monitoring Mechanisms and Its Legal Challenges

The Charter bodies established under the United Nations Charter and the treaty bodies established on the basis of international human rights treaties constitute the two major means of supervising the implementation of international human rights treaties.The treaty bodies responsible for monitoring the implementation of international human right treaties have gradually formed a four-fold supervision system consisting of state reporting,inter-state complaints,individual complaints and inquiry procedures.These quasi-judicial procedures are responsible for overseeing the implementation of international human right treaties.The practice of treaty body procedures has profoundly affected the development of modern international human rights law and is promoting the improvement of international human right treaty monitoring mechanisms.But due to the constraints of international politics,economic structure and related historical conditions,treaty bodies still face severe challenges.The improvement of the four major procedures will promote the development of the international human rights cause.

Moving Beyond the ＂Unequal Treaties＂

The bilateral treaties between the Qing, the United States and other European countries, suggested a new order for commerce and diplomacy in China, often referred to as the ＂treaty system.＂ This paper reevaluates the treaty system using a critical theory of capital influenced by the work of Moishe Postone. While most histories of Qing-British relations have understood capitalism as a motivating force for British commercial expansion into China, they have only attempted to instrumentally connect capitalist interests to the ways in which that expansion took place. This analysis, by contrast, approaches capitalism as a historically specific social formation with determining social forms. These forms--commodity, labor, and value produce specific structures of social organization with an immanent historical dynamic. By relating these forms and their dynamic to treaty relations and the creative destruction they enacted over time, this paper grounds Qing-British relations in capitalism, understood not at the level of profit-seeking, but at the level of its essential social forms, their forms of appearance and self-grounded and self-reflexive evolution.

The San Francisco Peace Treaty and the Problems Regarding Japan’s Exemption from Blame for the Colonization of Korea

The 1951 San Francisco Peace Treaty was the one and only international opportunity that would have allowed demanding for Japan’s responsibility of the colonization of Korea.However,the United States did not demand of such to be done.Soon,Korea and Japan resumed their diplomatic relationship and had their first summit in 1952.After numerous negotiations,finally in 1965,the“Korea-Japan Treaty”was agreed upon.Even in this treaty,the interpretation of the colonization was different for both countries and ultimately resulted as an unresolved issue.This is because of the Japanese dependence to the San Francisco Peace Treaty.On the other hand,the League of Nations,founded in 1920,believed that the systematization of international law was vital to keeping international peace.Therefore,they put much effort in and successfully carried out the codification of international law.The“Report on the law of Treaties”which was completed in 1935,noted that the“1905 Protectorate Treaty”,which was the ultimate treaty that led to Korea being annexed by the Japanese,was one of the three treaties that had no effective standing.This decision was carried out to the International Law Commission of the United Nations in 1963 and became a Resolution after being submitted to the General Assembly in the end of the same year.Using the decisions of the League of Nations and the United Nations as evidence,this paper critically reviews the San Francisco Peace Treaty’s lack of reviewing the Japanese responsibility of the colonization of Korea.

Acupuncture and Moxibustion Theories of Zhang Ji

This paper introduces the clinical experiences on acupuncture and moxibustion of Zhang Zhongjing, who was regarded as “medical Saint” of Traditional Chinese Medicine. He gave indications for acupuncture and moxibustion, developed robbing fire or inversing fire acupuncture principles to treat febrile diseases. His theories on acupuncture and moxibustion are precious and could be reference in clinical practice.

论中国BIT条款的完善

中国加入ICSID公约之初,曾对公约第25条第4款的规定做出了保留,限制了中心对中国管辖权的范围。而自1998年开始,我国逐渐采取"全面同意式"——有关BITs概括同意"中心"仲裁庭的管辖权,且不对有关争端附加重要例外。从以往对中心管辖权的限制,到如今对中心管辖权的开放状态的转变固然与时代的变迁有关,但我国是一个处于经济转型过程中的发展中国家,目前为止仍然是资本输入国,对外投资规模不大,这样的设置风险太大。分析中国现在的开放是否意味着中国已经撤回了其在ICSID公约的保留以及对我国BITs中争端解决条款提出完善的建议。

Britain's Role in the Early Days of Cold War and the Extentof Avoidability of "War

This article probes the role that Great Britain played in stabilizing European economy and politics and its role in curbing the influence of communism during the first period of the Cold War by providing accurate statistics and hard believable facts. Apart from this, this article also discusses the extent of possibility of keeping peace during the Cold War. Through Vietnam War and Korean War and some other conflicts between two ideological rival blocs, the author safely concludes that peace is conditioned, if the power of balance is broken, the Cold War can be a hot one.

Optimizing the PMCC Algorithm for Infrasound and Seismic Nuclear Treaty Monitoring

We introduce novel methods to determine optimum detection thresholds for the Progressive Multi-Channel Correlation (PMCC) algorithm used by the International Data Centre (IDC) to perform infrasound and seismic station-level nuclear-event detection. Receiver Operating Characteristic (ROC) curve analysis is used with real ground truth data to determine the trade-off between the probability of detection (PD) and the false alarm rate (FAR) at various detection thresholds. Further, statistical detection theory via maximum a posteriori and Bayes cost approaches is used to determine station-level optimum “family” size thresholds before detections should be considered for network-level processing. These threshold-determining methods are extensible for family-characterizing statistics other than “size,” such as a family’s collective F-statistic or signal-to-noise ratio (SNR). Therefore, the reliability of analysts’ decisions as to whether families should be preserved for network-level processing can only benefit from access to multiple, independent, optimum decision thresholds based upon size, F-statistic, SNR, etc.

Stylistic Characteristics of Maritime Treaty English

Maritime treaty English has peculiarity in linguistic characteristics. As a sub-register of legal language, maritime treaty English is considered to be very difficult to comprehend. This paper attempts to analyze its stylistic characteristics at the lexicalsyntactic level based on four international maritime treaties including STCW, SOLAS, MARPOL and ISM Code. It is concluded that understanding of these characteristics is both necessary and helpful in learning and teaching maritime treaty English.

Ghana's experience in the establishment of a national data center

The government of Ghana in a bilateral agreement with the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization （CTBTO） has established a National Data Center in Ghana with the aim of monitoring the testing of nuclear explosions. Seismic, hydroacoustic, radionuclide and infrasound methods are used for the monitoring. The data center was commissioned on 3 February, 2010 at the Ghana Atomic Energy Commission. At present Ghana does not have any operational, centralised data （seismic, hydroacoustic, radionuclide and infrasound） acquisition system with the capability of accessing data from other international stations. Hence, the need of setting up the National Data Center which would enable us constantly monitor, manage and coordinate both natural and man-made seismic activities in the country and around the globe, upload data to the International Data Center （IDC） as well as receive and use International Monitoring System （IMS） data and IDC products for treaty verification and compliance. Apart from these, the center also accesses and analyzes seismic waveforms relevant to its needs from the International Data Center; makes data available to its stakeholder institutions for earthquake disaster mitigation; reports on all aspects of disasters related to earthquake to the relevant government agencies that deal with disasters; makes recommendations to the government of Ghana on earthquake safety measures; provides information to assist government institutions to develop appropriate land and building policies. The center in collaboration with stakeholder agencies periodically organises public lectures on earthquake disaster risk mitigation.

A Case for the Modifiability of the San Francisco Peace Treaty: Examining the Varying Positions of the U.S. and Britain Over South Korean Participation

Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.

Development of the International Polar Years and their benefits for China

International Polar Years,which have been held four times,have greatly promoted human understanding of the polar regions.The development of the International Polar Years has the following features:increasing interdisciplinary trend;importance of international organizations in initiating and participating in projects;and science diplomacy playing an important role in promoting cooperation and resolving differences.China was highly involved in the fourth International Polar Year in 2007-08,and the PANDA project which as a China-led international project marked a gradual shift in China’s polar activities.China could play a bigger role in the fifth International Polar Year,including the following:initiating a new International Polar Year;initiating more international projects;promoting international organizations;actively conducting science diplomacy;and publicizing its polar activities in different ways.

The Principle of Subsidiarity

The power of the Greek intellect has been evinced in the principle of subsidiarity “… for he ought to have a proper power, and such a one is that which will be sufficient to make the king superior to any one person or even a large part of the community, but inferior to the whole…”, Politics by Aristotle, Book 3, 1286 b. The principle of subsidiarity inspires each building of federal type and it should be applied with spirit of collaboration of various rungs of power. The principle of subsidiarity does not constitute a principle of distribution of competences but regulates the exercise of powers and fixes in who sectors is permissible the action of Union establishing a type of evidence in favor the more inferior rung with the thought that, when the decision is taken as much as possible more near interested, in the citizen, it has increased prospects of effectiveness, after it creates to him a feeling of proximity and attendance in this. In accordance with this principle, the Union may intervene in areas which do not fall within its exclusive competence only insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. The principle of subsidiarity constitutes driver as for the way at which it should be practiced this powers in European level. It is intended to determine whether the Union can intervene or should let the Member States take action. The subsidiarity constitutes dynamic significance and it must be applied in the light of objectives that are mentioned in the Treaty.

From the Rover Incident to the Nanjia Treaty―Whose Conflict? Whose Treaty?

This paper will focus on the Rover Incident of 1867 and the subsequent Nanjia Treaty;the main protagonists of the incident were the Kuraluts indigenous people;and different perspectives will be explored by integrating archaeological and historical data.The Rover Incident,a conflict between the Kuraluts and the United States,led to the Nanjia Treaty(Treaty of the Southern Headland),a reconciliation between the US and Tauketok,pre-eminent leader of 18 indigenous communities inhabiting this region.From the geographic location of the Kuraluts Village(Sheding Site),however,as well as from foreign coins and blue-and-white ceramics found as funerary objects inside stone coffins,it would seem that such contacts with the outside world were relatively frequent.Moreover,due to the aborigines’ability to make use of knowledge of the local geography and their military skills to defeat forces from the US’s naval fleet―which also indicates they were familiar with weaknesses in the military operations of foreign vessels―as a result,neither the US side nor Tauketok seemed to have any need to resort to the use of military force.

The Major Cause of the Collapse of the Versailles System

The establishment of the Versailles System was marked with the Paris Peace Conference,which aimed to settle peace for World War I.The peace settlement was an excuse for the allied countries to regain and recover their powers.This,in turn,called for large amount of reparations and punishments on the losing countries.The signing of the Treaty of Versailles heralded the collapse of the volatile system set up afterwards.Countries adopted the policies of appeasement,complied to the race of powers,and abandoned the so-called consensus on“peace”.Indeed,the collapse of the Versailles System had many causes.However,the rise of Nazi was its direct trigger.This article will mainly focus on how the Versailles System led to the rise of the Nazi and what the Nazi did to accelerate the fall of the system.

On the “Concluding Observations” of the United Nations Human Rights Treaty Bodies

The concluding observations are comments and recommendations made by the treaty bodies to the country after reviewing the reports of specific State Parties with a view to monitoring the State Parties’compliance.although these opinions are not legally binding,they do have a certain authority.When deciding whether to endorse this authority and accept the recommendations,the State party will focus on the legality of the concluding observations.The legality of the concluding observations is influenced by three factors,the first one is the formal relevance between the recommendations and the relevant treaty provisions;the second one is the substantive relevance between them;the third is the extent to which the treaty interpretation rules are followed.For the concluding observations of treaty bodies against china,we should treat them separately.The feasible recommendations that are most closely related to treaty obligations should be adopted as far as possible.appropriate consideration should be given to general policy recommendations,and recommendations that are completely unrelated to treaty obligations can be ignored.

The Logical Construction of International Its Realization Path——Taking the Marrakesh Treaty as an Example

The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe.With the changes of the times,the content and way of international communication regarding the rule of law are changing constantly.In the era of globalization,countries have strengthened rational communication and dialogue mainly by concluding international treaties to convey the concept of the rule of law.For the international communication of the rule of law,it is necessary to take into account three elements:Subject,content,and audience.Targeted strategies are adopted to present the characteristics of diversified subjects,rich content,and stratified audience.The agenda-setting,spiral of silence,and cultivation theories provide positive guidance for international communication.The audience survey and content analysis methods can achieve good effects in spreading the rule of law.It is necessary to integrate multiple subjects,create rich content,carry out targeted strategies to different audience,underscore the evaluation of effects,and train talents to strengthen the international communication of the rule of law.

The Human Rights Attributes of the Marrakesh Treaty and Its Practical Significance

An in-depth analysis of the human rights attributes of the Marrakesh Treaty helps clarify theoretical issues such as whether there is a conflict between copyrights and human rights, and solve the problems of system design and law enforcement in terms of authorized entities and accessible formats. This paper discusses the human rights perspective contained in the Marrakesh Treaty from the background,positioning, and content of the treaty, and puts forward suggestions on policies and laws for the implementation of the Marrakesh Treaty based on the implementation of the treaty in the Chinese legal system.

Interpretation of the Marrakesh Treaty Based on the Human Rights Model of Disability

The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.