Nuclear weapons look set to stay with us, fulfilling as they do a different role from that of conventional weapons, in terms of their deadly potential for massive destruction. Indeed, nuclear weapons served as a stabi...Nuclear weapons look set to stay with us, fulfilling as they do a different role from that of conventional weapons, in terms of their deadly potential for massive destruction. Indeed, nuclear weapons served as a stabilizing force during the hostile Cold War period. Sine the end of the Cold War, our world has undergone huge changes. Relative peace continues to be maintained on the basis of the logic of a "balance of terror", but the nuclear cloud hanging over human beings has never quite left us. Both the U.S. and Russia retain large nuclear arsenals, and a significant number of state and non-state actors on the stage of world politics continue to show interest in this lethal weapon. So-called "nuclear crises" flare up and test the world's nerves every now and again, and with some major nuclear powers continuing to make adjustments to their nuclear policies, the world nuclear proliferation position appears to be undergoing significant and profound change and transformation. In this article the author intends to help readers to become acquainted with the nuclear status quo as well as the characteristics of post-Cold War nuclear proliferation. The author also aims to help readers to understand the causes of the post-Cold War nuclear proliferation.展开更多
We are living in a risk society where people devised the Precautionary Principle in order to minimize the harm caused by risk ex ante. Compared to the previous Food Hygiene Law （FHL） and the 2009 Food Safety Law, th...We are living in a risk society where people devised the Precautionary Principle in order to minimize the harm caused by risk ex ante. Compared to the previous Food Hygiene Law （FHL） and the 2009 Food Safety Law, the 2015 revised Chinese Food Safety Law （FSL） made a real breakthrough in the sense that it legitimates an important principle in food safety governance. Apart from laying down the fundamental importance of this principle in food safety regulations, the FSL 2015 also invented arrangements from different aspects in order to implement this principle. In other words, the FSL 2015＇s incorporation of the Precautionary Principle in a very real sense marked a transition from a demonstrative preventive food safety management regime to a more effective precautionary regime. However, the Precautionary Principle needs to be adopted in a ＂precautionary＂ way since this principle has its own limitations and defects. Incautious application of the principle may create new risks. This article compares the European approach in implementing the Precautionary Principle, and examines China＇s legal arrangements against negative impacts brought by the Precautionary Principle. Three perspectives are discussed： independence of scientific institutes; proportionality in risk management measures, and the shift of burden of proof for market authorization.展开更多
Many developed Western countries and, to a certain extent, successful newly industrialized countries （NICs） in East Asia such as South Korea seem to follow the model of electoral democracy. Yet China, one of the fas...Many developed Western countries and, to a certain extent, successful newly industrialized countries （NICs） in East Asia such as South Korea seem to follow the model of electoral democracy. Yet China, one of the fastest growing nations in the world, does not follow this model that is often lionized as the ＂panacea for development.＂ In his recent book The China Model： Political Meritocracy and the Limits of Democracy, Daniel A.展开更多
On November 17, 2014, Professor David A. Skeel from University of Pennsylvania Law School delivered an academic lecture in Renmin University of China. The subject of the lecture was the Rise of Shareholder Power in Am...On November 17, 2014, Professor David A. Skeel from University of Pennsylvania Law School delivered an academic lecture in Renmin University of China. The subject of the lecture was the Rise of Shareholder Power in American Corporate Governance.展开更多
In the context of WTO dispute settlement, the precautionary principle is a predominant concept, in the face of serious risks and scientific uncertainty, that is often characterized as ＂better safe than sorry. ＂＇ Al...In the context of WTO dispute settlement, the precautionary principle is a predominant concept, in the face of serious risks and scientific uncertainty, that is often characterized as ＂better safe than sorry. ＂＇ Although the precautionary principle appears in various treaties, declarations, and even laws, it is often formulated in abstract terms, leading to the great ambiguity of its primary elements. The Panel and the Appellate Body always avoid discussing the precautionary principle in WTO cases due to its obscure definition. On March 13, 2012, the United States, the European Union, and Japan each requested consultations with China as China＇s measures that made restrictions on the exportation of rare earths, tungsten, and molybdenum had been in conflict with their national interest.展开更多
The political and the economic spheres increasingly overlap. Consumption is viewed not only as an economic act, but also as an act of political and moral significance. Due to the blurring of the commercial and the pol...The political and the economic spheres increasingly overlap. Consumption is viewed not only as an economic act, but also as an act of political and moral significance. Due to the blurring of the commercial and the political spheres, consumers use their purchasing power as a carrot and a stick for corporations to comply with corporate social responsibility （CSR） standards. As a consequence, corporate communication strategies tend to highlight commitment to CSR standards, portraying companies as ＂＇good corporate citizens.＂ Conversely, other stakeholders expose unethical business practices so as to induce corporate change. Both sides tend to invoke freedom of expression with a view to opposing limitations on their communication strategies. Taking two well-known examples as a starting point, the present article explores the role of freedom of expression as a means to incite corporate actors to both adopt and comply with CSR standards from a comparative perspective. Using an economic framework, it argues that non-commercial expression critical of corporate practices deserves a higher level of protection than corporate communication strategies.展开更多
Chemicals, due to their combustible, explosive, toxic characteristics and aptness to jeopardize the environment, human health and public safety, have long been on the top agenda of the governments throughout the world...Chemicals, due to their combustible, explosive, toxic characteristics and aptness to jeopardize the environment, human health and public safety, have long been on the top agenda of the governments throughout the world. At present China is a large country in the production, consumption and trading of chemicals with 45, 000 kinds already manufactured and in use and some 100 new kinds per year awaiting being registered to enter into the markets.1 Generally, the chemicals management in China has undergone through labor protection between 1950s and 1960s, pollution control and public safety during 1970s and 1980s, and ozone protection, climate change, recycling economy and anti-terrorism in recent decades. The focus of the legislation on chemicals has shifted from separate and scattered regulations in the form of departmental rules to national regulations which give special attention to the coordination of concerned departments and to the linkup and compatibility with relevant international treaties. In a word, chemicals management has become one of the sectors in China＇s environmental management domains where there are a large number of stringent regulations.展开更多
文摘Nuclear weapons look set to stay with us, fulfilling as they do a different role from that of conventional weapons, in terms of their deadly potential for massive destruction. Indeed, nuclear weapons served as a stabilizing force during the hostile Cold War period. Sine the end of the Cold War, our world has undergone huge changes. Relative peace continues to be maintained on the basis of the logic of a "balance of terror", but the nuclear cloud hanging over human beings has never quite left us. Both the U.S. and Russia retain large nuclear arsenals, and a significant number of state and non-state actors on the stage of world politics continue to show interest in this lethal weapon. So-called "nuclear crises" flare up and test the world's nerves every now and again, and with some major nuclear powers continuing to make adjustments to their nuclear policies, the world nuclear proliferation position appears to be undergoing significant and profound change and transformation. In this article the author intends to help readers to become acquainted with the nuclear status quo as well as the characteristics of post-Cold War nuclear proliferation. The author also aims to help readers to understand the causes of the post-Cold War nuclear proliferation.
文摘We are living in a risk society where people devised the Precautionary Principle in order to minimize the harm caused by risk ex ante. Compared to the previous Food Hygiene Law （FHL） and the 2009 Food Safety Law, the 2015 revised Chinese Food Safety Law （FSL） made a real breakthrough in the sense that it legitimates an important principle in food safety governance. Apart from laying down the fundamental importance of this principle in food safety regulations, the FSL 2015 also invented arrangements from different aspects in order to implement this principle. In other words, the FSL 2015＇s incorporation of the Precautionary Principle in a very real sense marked a transition from a demonstrative preventive food safety management regime to a more effective precautionary regime. However, the Precautionary Principle needs to be adopted in a ＂precautionary＂ way since this principle has its own limitations and defects. Incautious application of the principle may create new risks. This article compares the European approach in implementing the Precautionary Principle, and examines China＇s legal arrangements against negative impacts brought by the Precautionary Principle. Three perspectives are discussed： independence of scientific institutes; proportionality in risk management measures, and the shift of burden of proof for market authorization.
文摘Many developed Western countries and, to a certain extent, successful newly industrialized countries （NICs） in East Asia such as South Korea seem to follow the model of electoral democracy. Yet China, one of the fastest growing nations in the world, does not follow this model that is often lionized as the ＂panacea for development.＂ In his recent book The China Model： Political Meritocracy and the Limits of Democracy, Daniel A.
文摘On November 17, 2014, Professor David A. Skeel from University of Pennsylvania Law School delivered an academic lecture in Renmin University of China. The subject of the lecture was the Rise of Shareholder Power in American Corporate Governance.
文摘In the context of WTO dispute settlement, the precautionary principle is a predominant concept, in the face of serious risks and scientific uncertainty, that is often characterized as ＂better safe than sorry. ＂＇ Although the precautionary principle appears in various treaties, declarations, and even laws, it is often formulated in abstract terms, leading to the great ambiguity of its primary elements. The Panel and the Appellate Body always avoid discussing the precautionary principle in WTO cases due to its obscure definition. On March 13, 2012, the United States, the European Union, and Japan each requested consultations with China as China＇s measures that made restrictions on the exportation of rare earths, tungsten, and molybdenum had been in conflict with their national interest.
文摘The political and the economic spheres increasingly overlap. Consumption is viewed not only as an economic act, but also as an act of political and moral significance. Due to the blurring of the commercial and the political spheres, consumers use their purchasing power as a carrot and a stick for corporations to comply with corporate social responsibility （CSR） standards. As a consequence, corporate communication strategies tend to highlight commitment to CSR standards, portraying companies as ＂＇good corporate citizens.＂ Conversely, other stakeholders expose unethical business practices so as to induce corporate change. Both sides tend to invoke freedom of expression with a view to opposing limitations on their communication strategies. Taking two well-known examples as a starting point, the present article explores the role of freedom of expression as a means to incite corporate actors to both adopt and comply with CSR standards from a comparative perspective. Using an economic framework, it argues that non-commercial expression critical of corporate practices deserves a higher level of protection than corporate communication strategies.
文摘Chemicals, due to their combustible, explosive, toxic characteristics and aptness to jeopardize the environment, human health and public safety, have long been on the top agenda of the governments throughout the world. At present China is a large country in the production, consumption and trading of chemicals with 45, 000 kinds already manufactured and in use and some 100 new kinds per year awaiting being registered to enter into the markets.1 Generally, the chemicals management in China has undergone through labor protection between 1950s and 1960s, pollution control and public safety during 1970s and 1980s, and ozone protection, climate change, recycling economy and anti-terrorism in recent decades. The focus of the legislation on chemicals has shifted from separate and scattered regulations in the form of departmental rules to national regulations which give special attention to the coordination of concerned departments and to the linkup and compatibility with relevant international treaties. In a word, chemicals management has become one of the sectors in China＇s environmental management domains where there are a large number of stringent regulations.
