This work focuses on a Keller-Segel chemotaxis model, with an emphasis on its conservation laws. Through a new approach combined with the multiplier method, called the mixed method, we obtain conservation vectors that...This work focuses on a Keller-Segel chemotaxis model, with an emphasis on its conservation laws. Through a new approach combined with the multiplier method, called the mixed method, we obtain conservation vectors that are related and unrelated to symmetric information. In addition, some exact solutions with particular forms are obtained according to the method of conservation laws. These particular solutions are different from the group-invariant solutions.展开更多
There is a wide recognition that encompassing an obligation of good faith in every commercial contract is one of the most important advances in contract law in the twentieth century^([1]).Despite the fact that this co...There is a wide recognition that encompassing an obligation of good faith in every commercial contract is one of the most important advances in contract law in the twentieth century^([1]).Despite the fact that this concept has been incorporated in the vast majority of national legal systems,its precise scope and application may vary from one to another,depending on the commercial traditions and customs of each legal system^([2]).The fact that good faith has been treated differently in different national legal systems has also been reflected on the international level through its inclusion in international legal instruments,one of which is the United Nations Convention on Contracts for the International Sale of Goods(hereafter CISG).In this article,the legislative history of the CISG will be closely examined with the purpose of finding out how a compromise was reached between the common law countries,which expressly objected to the imposition of a duty of good faith,and the civil law countries,which explicitly endorse its incorporation.A logical result flowing from this historical examination,as will be submitted,is that the conceptual ambiguity of good faith is the underlying reasoning behind their fundamentally different attitudes towards the incorporation of this notion in the international commercial context.展开更多
It is shown that time asymmetry is essential for deriving thermodynamic law and arises from the turnover of energy while reducing its information content and driving entropy increase. A dynamically interpreted princip...It is shown that time asymmetry is essential for deriving thermodynamic law and arises from the turnover of energy while reducing its information content and driving entropy increase. A dynamically interpreted principle of least action enables time asymmetry and time flow as a generation of action and redefines useful energy as an information system which implements a form of acting information. This is demonstrated using a basic formula, originally applied for time symmetry/energy conservation considerations, relating time asymmetry (which is conventionally denied but here expressly allowed), to energy behaviour. The results derived then explained that a dynamic energy is driving time asymmetry. It is doing it by decreasing the information content of useful energy, thus generating action and entropy increase, explaining action-time as an information phenomenon. Thermodynamic laws follow directly. The formalism derived readily explains what energy is, why it is conserved (1st law of thermodynamics), why entropy increases (2nd law) and that maximum entropy production within the restraints of the system controls self-organized processes of non-linear irreversible thermodynamics. The general significance of the principle of least action arises from its role of controlling the action generating oriented time of nature. These results contrast with present understanding of time neutrality and clock-time, which are here considered a source of paradoxes, intellectual contradictions and dead-end roads in models explaining nature and the universe.展开更多
In this work,firstly the general definition of law and types of law are presented.Then general definition of justice and types of justice are explained.Constructional and/or complementary theories are defined as gener...In this work,firstly the general definition of law and types of law are presented.Then general definition of justice and types of justice are explained.Constructional and/or complementary theories are defined as general/specific,and interaction theories,relationship theories,and hybrid theories are specifically mentioned.Accordingly,the interactions between the disciplines of law and justice are explained in more detail.Then,the general definition of engineering and philosophy of engineering are explained.The interactions between engineering and law are specifically evaluated,and interactions between engineering and 52 types of law are defined and case studies found in the literature are indicated for each.Then interactions between engineering and justice briefly mentioned.Relationships/interactions between engineering and 25 different types of justice discussed and evaluated with specific examples.Emphasis was placed on the historical development of the subject of philosophy in general,and philosophy of law was defined more specifically.Some of the philosophers of law and their areas of interest are presented in a table format and compared.The new perspective of philosophy was defined and the disciplines of R-Philosophy,R-Science,R-Justice,R-Law,R-Engineering,and R-Religion were expressed with the relevant basic concepts.New Era Philosophy,new and reconstructed Basic Philosophies,and Ideal Philosophical System explained generally.New perspective for the philosophy of justice is defined by considering the related new theories.Philosophy of defense,philosophy of equity,philosophy of equivalence,philosophy of judgment,philosophy of law,philosophy of protection,philosophy of punishment,and philosophy of rights are defined due to new perspective of philosophy.Also,philosophy of engineering law,philosophy of information technology law,philosophy of telecommunication law,and philosophy of security are defined by taking into account hybrid philosophies and general theories related to them.The interaction of engineering,law,justice,and basic philosophies has been generally expressed.展开更多
A shortage of courtrooms has long been a challenge in Malawi,especially since more judges were hired to help to streamline the country’s judicial process.Yet,while the current judiciary is headquartered in the countr...A shortage of courtrooms has long been a challenge in Malawi,especially since more judges were hired to help to streamline the country’s judicial process.Yet,while the current judiciary is headquartered in the country’s second-largest city of Blantyre,due to a lack of work space;some sections of the judiciary are located elsewhere,such as the juvenile,commercial and industrial courts.展开更多
Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the ...Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the theories of environmental rights and human rights.At the practical level,the soft law cooperation documents of the Belt and Road Initiative(BRI)have established general principles for the protection of environmental rights,policies for addressing climate change,standards for green investment and financing,and obligations for multinational corporations to protect the environment,making a contribution to the development and protection of environmental rights.In the future process of global environmental governance,it is necessary to start with the BRI’s soft law documents to further clarify the specific protection standards for environmental rights and promote the transformation of soft law into binding bilateral or multilateral agreements at the international level.In addition,it is essential to urge governments and enterprises to fulfill their due diligence obligations for environmental protection and strengthen information disclosure by emphasizing public interest responsibilities.Efforts should also be made to improve the environmental compliance systems of“going global”enterprises and enhance government supervision over corporate accountability for environmental rights.A corporate environmental protection accountability mechanism should be established,so as to actively promote global environmental governance in a more just and reasonable direction.展开更多
The Russia-Ukraine conflict remains unresolved,while the armed conflict between Israel and Palestine continues to escalate,causing significant civilian casualties.To better protect the victims of war in armed conflict...The Russia-Ukraine conflict remains unresolved,while the armed conflict between Israel and Palestine continues to escalate,causing significant civilian casualties.To better protect the victims of war in armed conflicts,clarifying the applicability of international human rights law(IHRL)and international humanitarian law(IHL)in such contexts has become an urgent issue.A comparative study on the application of IHRL and IHL needs to address three key questions step by step:First,whether IHRL is applicable during armed conflicts;second,if applicable,how IHRL complements and interacts with IHL;and third,what methods should be adopted to resolve conflicts when IHRL and IHL are applied concurrently.In this context,an analysis of the historical development of IHRL and IHL reveals that the two share a common philosophical foundation,and thus they can be applied concurrently during armed conflicts.From an empirical perspective,IHRL engages with IHL through two approaches:interpreting IHL provisions and directly applying IHRL to armed conflicts,thereby fostering interactive development between the two.In cases where normative conflicts arise between IHRL and IHL,such as in the rules on the use of force and internment procedures,the principles of systemic integration and lex specialis can reconcile these conflicts during the application process.展开更多
Law is all but not known for innovation.This is also true for studies in Roman private law,which have followed a system that is imagined to derive from the 2nd century AD jurist Gaius and late antique Justinianic codi...Law is all but not known for innovation.This is also true for studies in Roman private law,which have followed a system that is imagined to derive from the 2nd century AD jurist Gaius and late antique Justinianic codification.The shaping hands of the ancient codifiers and those of the medieval,early modern and 19th century jurists on Roman private law and the related legal discourses have been identified and studied at length.However,a real shift to discover the ways in which Roman private law became formed and was practiced has not been undertaken in comprehensive manner until the publication of the Handbook of Roman Private Law which is reviewed in the following from the perspective of an ancient historian.展开更多
This paper examines the enduring impact of Jean-Baptiste Say’s A Treatise on Political Economy on classical economic theory and modern economic policy.It highlights Say’s Law,which posits that supply creates its own...This paper examines the enduring impact of Jean-Baptiste Say’s A Treatise on Political Economy on classical economic theory and modern economic policy.It highlights Say’s Law,which posits that supply creates its own demand,challenging mercantilist views and emphasizing the intrinsic link between production and consumption.The paper also discusses Say’s vision of the entrepreneur as a catalyst for economic growth through innovation and resource allocation,distinguishing him from his contemporaries.It also explores his concept of self-regulating markets,tracing its origins to Adam Smith and its development through Say’s work,which suggests that individual actions in pursuit of self-interest lead to efficient resource allocation without significant government intervention.The paper acknowledges the critiques on Say’s Law,particularly during economic downturns,and the subsequent rise of Keynesian economics,which advocates government intervention to stimulate demand.Finally,it reflects on Say’s legacy,including his influence on subsequent economic thought,and the global application of his principles in various economic policies.The paper concludes that Say’s insights,while contested and flawed,remain important to understand market economies and shaping economic policy in the face of contemporary challenges.展开更多
The purpose of this study lies in exploring the role of materiality in environmental information disclosures under the securities laws of the United States and China,discussing the differences in the regulatory mechan...The purpose of this study lies in exploring the role of materiality in environmental information disclosures under the securities laws of the United States and China,discussing the differences in the regulatory mechanism,limits of enforcement,and challenges of seeking global harmonization.The paper does a comparative legal analysis of statutory provisions,judicial interpretations,and regulatory frameworks of the U.S.Securities and Exchange Commission(SEC)and the China Securities Regulatory Commission(CSRC).Furthermore,it provides frameworks of global sustainability reporting such as the Task Force on Climate-related Financial Disclosures(TCFD)and the Global Reporting Initiative(GRI).The findings show that U.S.securities law uses a financial materiality standard with respect to what companies must disclose to investors.On the other hand,China’s regulatory approach has a double materiality in considering not only financial impacts but also wider environmental and social factors.Although there are these distinctions,both of these jurisdictions face issues of common obstruction such as ambiguities in materiality determination,inconsistent enforcement,and fear of greenwashing.This paper asserts that the U.S.and China regulatory frameworks need to converge more to promote greater corporate transparency and ESG disclosures.Regulators can even align disclosure practices with internationally recognized standards of work to add confidence for investors,fight off misleading sustainability claims and ensure accountable reporting in pertinent environments.The study concludes that the green challenges of global markets can only be tackled by regulating cooperative actions and using standardized reporting guidelines.展开更多
In the process of oil and gas production,reservoir pressure depletion leads to changes in pore pressure and in-situ stress in caprock,which may reactivate closed faults in caprock,break the sealing of caprock,and make...In the process of oil and gas production,reservoir pressure depletion leads to changes in pore pressure and in-situ stress in caprock,which may reactivate closed faults in caprock,break the sealing of caprock,and make depleted oil and gas reservoirs unsuitable for gas storage.In order to effectively evaluate the sealing of faults in caprock above depleted reservoir and provide a basis for a reasonable selection of injection time and location for gas storage,this paper comprehensively considers fault slip potential(FSP)and fault tensile potential(FTP),and establishes a fault sealing evaluation model in caprock above depleted reservoir.The influences of distance of fault from reservoir top,reservoir pressure depletion degree,cap mechanical property,fault occurrence,fault frictional property and in-situ stress anisotropy in caprock on different types of FSP and FTP are analyzed.The results show that for normal faults,reverse faults,and strike-slip faults,FTP increases with reservoir depletion and does not cause tensile failure,among which FTP is the smallest for normal faults.FSP is the key to controlling fault sealing in caprock above depleted reservoir.For reverse faults and strike-slip faults,in the early stage of reservoir depletion,the FsP is larger when the fault is farther away from the top of the reservoir,while normal faults are the opposite.When the normal fault is closer to the top of the reservoir,the cap poisson ratio is smaller,the Biot's coefficient is larger,the internal friction coefficient of the fault is smaller,the inherent shear strength of the fault is smaller,σH/σv is smaller,σh/σv is smaller,45°<β<75°,α=0° or α=180°,the FSP is larger with the reservoir depletion,and the shear failure of the fault is the most likely.At this time,the reservoir pressure should be strictly controlled not to be too small,so that it can be suitable for the construction of gas storage.Under other conditions,the possibility of shear failure of the caprock is less.For reverse faults and strike-slip faults,when is smaller,the FSP decreases first and then increases with reservoir depletion.Although the possibility of shear failure decreases in the initial stage of reservoir depletion,it increases in the later stage.The research results can provide a theoretical basis for the reconstruction of underground gas storage.展开更多
The method of integrating factors is used to study the conservation laws of the Herglotz type Birkhoffian systems in this paper.Firstly,the definition of the integrating factors of the Herglotz type Birkhoffian system...The method of integrating factors is used to study the conservation laws of the Herglotz type Birkhoffian systems in this paper.Firstly,the definition of the integrating factors of the Herglotz type Birkhoffian systems is given.Secondly,the relationship between the integrating factors and conservation laws is studied,and the conservation theorems of Herglotz type Birkhoff's equations and their inverse theorems are established.Thirdly,two types of generalized Killing equations for calculating integrating factors are given.Finally,as an example,a linear damped oscillator is taken.This example can be transformed into a Herglotz type Birkhoffian system.The resulting conservation theorems are used to find the conserved quantities for this example.展开更多
Objective To analyze the problems of China’s pharmacovigilance legislation,and to provide some suggestions for improving it.Methods Relevant literature at home and abroad were studied to compare the laws and regulati...Objective To analyze the problems of China’s pharmacovigilance legislation,and to provide some suggestions for improving it.Methods Relevant literature at home and abroad were studied to compare the laws and regulations of the United States,the European Union,Japan and China.Then,the problems of China’s pharmacovigilance legislation were analyzed.Results and Conclusion The Chinese pharmacovigilance legislation has such problems as nontransparent formulation process,poor dynamic adaptability,insufficient use of the attention mechanism,fragmentation of laws and regulations,and poor connection of laws and regulations,which should be optimized.It is recommended to carry out theoretical and methodological research on pharmacovigilance legislation to provide practical guidance for optimizing pharmacovigilance legislation with Chinese characteristics.展开更多
Information about whether genetic information requires special treatment in law varies around the world and many aspects are not clear.In this study,we draw upon knowledge gained from various disciplines,such as genet...Information about whether genetic information requires special treatment in law varies around the world and many aspects are not clear.In this study,we draw upon knowledge gained from various disciplines,such as genetics,medicine,law,philosophy,psychology,sociology,anthropology,insurance,and economics,which have all contributed to the study of genetic information,and discrimination based on genetic traits.With this in mind,we are able to set this research study into perspective.We make no claim on behalf of any field of study.Nevertheless,we say the development in the field of genetics is in its infancy and that knowledge of an individual genome would be essential not only for counseling but could also be used for stigmatization and discrimination.The purpose of the study is to help provide useful links concerning legal and ethical issues in human genetics and particularly where it deals with the laws,regulations,and policies concerning genetic information.We deal with the legal and ethical aspects in human genetics that influence genetic information.We examine government policies and the existing legislation in Papua New Guinea(PNG)that deal with genetic information and analyze discrimination cases due to genetic traits and describe its magnitude in PNG.This study places importance on the examination of qualitative data collected by a questionnaire survey from individual subjects representing various organizations in PNG including Department of Health,Insurance companies,General Federation of Employers’Associations,Trade Unions,and professional workers such as lawyers,District Court magistrates,medical doctors,healthcare workers,students,and private individuals.The study was conducted in towns in PNG although the majority of the participants live in the National Capital District.A sample of individuals(patients)were enrolled in a cross-sectional questionnaire survey.Individual information was obtained to describe the situation of the area.However,this study did not use administrative records based on health information from the Department of Health which describes the prevalence of genetically disordered individuals.All selected individuals or subjects were interviewed or completed a questionnaire.The data were assessed to characterize the study subsets.The findings of this study are made available to clinical practice in law,medical and public health,and private and public institutions including insurance companies,employers’federation,mining companies,and workers’unions in PNG,and academics and researchers.Educational programs on the basic principles of genetics,ethics,and law in relation to insurance will have to be developed to improve the knowledge of insurance,medical,and the cost of long-term care.展开更多
Recently,foamed polymers have been widely used in the repair of underground engineering disasters by grouting(trenchless technology)due to controllable gelation time and self-expansion.However,the grouting process bec...Recently,foamed polymers have been widely used in the repair of underground engineering disasters by grouting(trenchless technology)due to controllable gelation time and self-expansion.However,the grouting process becomes more complicated due to the complex geological conditions and the self-expansion of slurry.Therefore,this paper adopts a self-made visual experimental device with peripheral pressure and water plugging rate(WPR)monitoring functions to study the influence of main influencing parameters(particle size distribution,grouting amount and dynamic water pump pressure(DWPP))on the spatiotemporal distribution of slurry WPR and diffusion dynamic response(peripheral pressure).The results show that:When grouting amount is 563 g and DWPP is 0.013 MPa,the expansion force of the slurry in the diffusion process is dominant and can significantly change the local sand and gravel skeleton structure.When grouting amount is 563 g,DWPP is 0.013 MPa,and particle size distribution type isⅢ,the flow time of the polymer is shortened,the pores of the gravel are rapidly blocked.Then,the peripheral pressure decreases rapidly with the increase of the distance,and the time to reach the inflection point WPR is shortened.The instantaneous blockage of the pores leads to the delayed transmission of flow field blockage information.展开更多
[Objectives]This study was conducted to analyze the medication laws of traditional Chinese medicine prescriptions for the treatment of spleen-deficiency irritable bowel syndrome in Guanling Autonomous County Hospital ...[Objectives]This study was conducted to analyze the medication laws of traditional Chinese medicine prescriptions for the treatment of spleen-deficiency irritable bowel syndrome in Guanling Autonomous County Hospital of Traditional Chinese Medicine.[Methods]Prescriptions for the treatment of spleen-deficiency irritable bowel syndrome(IBS)were retrieved from the TCM family of the hospital,traditional Chinese medical doctor Wu Zhongli,in the period from November 2023 to April 2024.Microsoft Excel 2007 was employed to set up an information table of TCM prescriptions,and the age,gender,herbal properties,efficacy categories and the frequency of use were analyzed to explore the medication laws of TCM in the hospital for the treatment of spleen-deficiency irritable bowel syndrome.[Results]Among the 259 TCM prescriptions included,152 kinds of TCM decoction pieces were used.The decoction pieces were mainly warm in nature,and decoction pieces cold in nature took the second place.The flavors of the herbs were mostly sweet,bitter and pungent.Most of them were attributive to the spleen,stomach meridian and lung meridians,and the herbs were mainly used for tonifying deficiency and regulating qi.The herbs with higher frequency of use included Radix Glycyrrhiza,Pericarpium Citri Reticulatae,poria,and Angelicae Sinensis Radix,the main effects of which are replenishing qi to invigorate the spleen,activating qi and eliminating phlegm,clearing damp and promoting diuresis,and relaxing bowel.[Conclusions]Chinese medicine treatment of IBS with spleen deficiency in hospitals is mainly based on replenishing qi to invigorate the spleen,activating qi and eliminating phlegm,clearing damp and promoting diuresis,and relaxing bowel,and Xiangsha Liujunzi Decoction is commonly used in clinical treatment based on syndrome differentiation with modifications.展开更多
文摘This work focuses on a Keller-Segel chemotaxis model, with an emphasis on its conservation laws. Through a new approach combined with the multiplier method, called the mixed method, we obtain conservation vectors that are related and unrelated to symmetric information. In addition, some exact solutions with particular forms are obtained according to the method of conservation laws. These particular solutions are different from the group-invariant solutions.
文摘There is a wide recognition that encompassing an obligation of good faith in every commercial contract is one of the most important advances in contract law in the twentieth century^([1]).Despite the fact that this concept has been incorporated in the vast majority of national legal systems,its precise scope and application may vary from one to another,depending on the commercial traditions and customs of each legal system^([2]).The fact that good faith has been treated differently in different national legal systems has also been reflected on the international level through its inclusion in international legal instruments,one of which is the United Nations Convention on Contracts for the International Sale of Goods(hereafter CISG).In this article,the legislative history of the CISG will be closely examined with the purpose of finding out how a compromise was reached between the common law countries,which expressly objected to the imposition of a duty of good faith,and the civil law countries,which explicitly endorse its incorporation.A logical result flowing from this historical examination,as will be submitted,is that the conceptual ambiguity of good faith is the underlying reasoning behind their fundamentally different attitudes towards the incorporation of this notion in the international commercial context.
文摘It is shown that time asymmetry is essential for deriving thermodynamic law and arises from the turnover of energy while reducing its information content and driving entropy increase. A dynamically interpreted principle of least action enables time asymmetry and time flow as a generation of action and redefines useful energy as an information system which implements a form of acting information. This is demonstrated using a basic formula, originally applied for time symmetry/energy conservation considerations, relating time asymmetry (which is conventionally denied but here expressly allowed), to energy behaviour. The results derived then explained that a dynamic energy is driving time asymmetry. It is doing it by decreasing the information content of useful energy, thus generating action and entropy increase, explaining action-time as an information phenomenon. Thermodynamic laws follow directly. The formalism derived readily explains what energy is, why it is conserved (1st law of thermodynamics), why entropy increases (2nd law) and that maximum entropy production within the restraints of the system controls self-organized processes of non-linear irreversible thermodynamics. The general significance of the principle of least action arises from its role of controlling the action generating oriented time of nature. These results contrast with present understanding of time neutrality and clock-time, which are here considered a source of paradoxes, intellectual contradictions and dead-end roads in models explaining nature and the universe.
文摘In this work,firstly the general definition of law and types of law are presented.Then general definition of justice and types of justice are explained.Constructional and/or complementary theories are defined as general/specific,and interaction theories,relationship theories,and hybrid theories are specifically mentioned.Accordingly,the interactions between the disciplines of law and justice are explained in more detail.Then,the general definition of engineering and philosophy of engineering are explained.The interactions between engineering and law are specifically evaluated,and interactions between engineering and 52 types of law are defined and case studies found in the literature are indicated for each.Then interactions between engineering and justice briefly mentioned.Relationships/interactions between engineering and 25 different types of justice discussed and evaluated with specific examples.Emphasis was placed on the historical development of the subject of philosophy in general,and philosophy of law was defined more specifically.Some of the philosophers of law and their areas of interest are presented in a table format and compared.The new perspective of philosophy was defined and the disciplines of R-Philosophy,R-Science,R-Justice,R-Law,R-Engineering,and R-Religion were expressed with the relevant basic concepts.New Era Philosophy,new and reconstructed Basic Philosophies,and Ideal Philosophical System explained generally.New perspective for the philosophy of justice is defined by considering the related new theories.Philosophy of defense,philosophy of equity,philosophy of equivalence,philosophy of judgment,philosophy of law,philosophy of protection,philosophy of punishment,and philosophy of rights are defined due to new perspective of philosophy.Also,philosophy of engineering law,philosophy of information technology law,philosophy of telecommunication law,and philosophy of security are defined by taking into account hybrid philosophies and general theories related to them.The interaction of engineering,law,justice,and basic philosophies has been generally expressed.
文摘A shortage of courtrooms has long been a challenge in Malawi,especially since more judges were hired to help to streamline the country’s judicial process.Yet,while the current judiciary is headquartered in the country’s second-largest city of Blantyre,due to a lack of work space;some sections of the judiciary are located elsewhere,such as the juvenile,commercial and industrial courts.
文摘Environmental rights are an important part of General Secretary Xi Jinping’s important discourses on respecting and protecting human rights.Soft law has played a significant role in the integrated development of the theories of environmental rights and human rights.At the practical level,the soft law cooperation documents of the Belt and Road Initiative(BRI)have established general principles for the protection of environmental rights,policies for addressing climate change,standards for green investment and financing,and obligations for multinational corporations to protect the environment,making a contribution to the development and protection of environmental rights.In the future process of global environmental governance,it is necessary to start with the BRI’s soft law documents to further clarify the specific protection standards for environmental rights and promote the transformation of soft law into binding bilateral or multilateral agreements at the international level.In addition,it is essential to urge governments and enterprises to fulfill their due diligence obligations for environmental protection and strengthen information disclosure by emphasizing public interest responsibilities.Efforts should also be made to improve the environmental compliance systems of“going global”enterprises and enhance government supervision over corporate accountability for environmental rights.A corporate environmental protection accountability mechanism should be established,so as to actively promote global environmental governance in a more just and reasonable direction.
文摘The Russia-Ukraine conflict remains unresolved,while the armed conflict between Israel and Palestine continues to escalate,causing significant civilian casualties.To better protect the victims of war in armed conflicts,clarifying the applicability of international human rights law(IHRL)and international humanitarian law(IHL)in such contexts has become an urgent issue.A comparative study on the application of IHRL and IHL needs to address three key questions step by step:First,whether IHRL is applicable during armed conflicts;second,if applicable,how IHRL complements and interacts with IHL;and third,what methods should be adopted to resolve conflicts when IHRL and IHL are applied concurrently.In this context,an analysis of the historical development of IHRL and IHL reveals that the two share a common philosophical foundation,and thus they can be applied concurrently during armed conflicts.From an empirical perspective,IHRL engages with IHL through two approaches:interpreting IHL provisions and directly applying IHRL to armed conflicts,thereby fostering interactive development between the two.In cases where normative conflicts arise between IHRL and IHL,such as in the rules on the use of force and internment procedures,the principles of systemic integration and lex specialis can reconcile these conflicts during the application process.
文摘Law is all but not known for innovation.This is also true for studies in Roman private law,which have followed a system that is imagined to derive from the 2nd century AD jurist Gaius and late antique Justinianic codification.The shaping hands of the ancient codifiers and those of the medieval,early modern and 19th century jurists on Roman private law and the related legal discourses have been identified and studied at length.However,a real shift to discover the ways in which Roman private law became formed and was practiced has not been undertaken in comprehensive manner until the publication of the Handbook of Roman Private Law which is reviewed in the following from the perspective of an ancient historian.
文摘This paper examines the enduring impact of Jean-Baptiste Say’s A Treatise on Political Economy on classical economic theory and modern economic policy.It highlights Say’s Law,which posits that supply creates its own demand,challenging mercantilist views and emphasizing the intrinsic link between production and consumption.The paper also discusses Say’s vision of the entrepreneur as a catalyst for economic growth through innovation and resource allocation,distinguishing him from his contemporaries.It also explores his concept of self-regulating markets,tracing its origins to Adam Smith and its development through Say’s work,which suggests that individual actions in pursuit of self-interest lead to efficient resource allocation without significant government intervention.The paper acknowledges the critiques on Say’s Law,particularly during economic downturns,and the subsequent rise of Keynesian economics,which advocates government intervention to stimulate demand.Finally,it reflects on Say’s legacy,including his influence on subsequent economic thought,and the global application of his principles in various economic policies.The paper concludes that Say’s insights,while contested and flawed,remain important to understand market economies and shaping economic policy in the face of contemporary challenges.
文摘The purpose of this study lies in exploring the role of materiality in environmental information disclosures under the securities laws of the United States and China,discussing the differences in the regulatory mechanism,limits of enforcement,and challenges of seeking global harmonization.The paper does a comparative legal analysis of statutory provisions,judicial interpretations,and regulatory frameworks of the U.S.Securities and Exchange Commission(SEC)and the China Securities Regulatory Commission(CSRC).Furthermore,it provides frameworks of global sustainability reporting such as the Task Force on Climate-related Financial Disclosures(TCFD)and the Global Reporting Initiative(GRI).The findings show that U.S.securities law uses a financial materiality standard with respect to what companies must disclose to investors.On the other hand,China’s regulatory approach has a double materiality in considering not only financial impacts but also wider environmental and social factors.Although there are these distinctions,both of these jurisdictions face issues of common obstruction such as ambiguities in materiality determination,inconsistent enforcement,and fear of greenwashing.This paper asserts that the U.S.and China regulatory frameworks need to converge more to promote greater corporate transparency and ESG disclosures.Regulators can even align disclosure practices with internationally recognized standards of work to add confidence for investors,fight off misleading sustainability claims and ensure accountable reporting in pertinent environments.The study concludes that the green challenges of global markets can only be tackled by regulating cooperative actions and using standardized reporting guidelines.
基金National Natural Science Foundation of China(52074224)Key Research and Development Program of Shaanxi Province(2023-YBGY-312).
文摘In the process of oil and gas production,reservoir pressure depletion leads to changes in pore pressure and in-situ stress in caprock,which may reactivate closed faults in caprock,break the sealing of caprock,and make depleted oil and gas reservoirs unsuitable for gas storage.In order to effectively evaluate the sealing of faults in caprock above depleted reservoir and provide a basis for a reasonable selection of injection time and location for gas storage,this paper comprehensively considers fault slip potential(FSP)and fault tensile potential(FTP),and establishes a fault sealing evaluation model in caprock above depleted reservoir.The influences of distance of fault from reservoir top,reservoir pressure depletion degree,cap mechanical property,fault occurrence,fault frictional property and in-situ stress anisotropy in caprock on different types of FSP and FTP are analyzed.The results show that for normal faults,reverse faults,and strike-slip faults,FTP increases with reservoir depletion and does not cause tensile failure,among which FTP is the smallest for normal faults.FSP is the key to controlling fault sealing in caprock above depleted reservoir.For reverse faults and strike-slip faults,in the early stage of reservoir depletion,the FsP is larger when the fault is farther away from the top of the reservoir,while normal faults are the opposite.When the normal fault is closer to the top of the reservoir,the cap poisson ratio is smaller,the Biot's coefficient is larger,the internal friction coefficient of the fault is smaller,the inherent shear strength of the fault is smaller,σH/σv is smaller,σh/σv is smaller,45°<β<75°,α=0° or α=180°,the FSP is larger with the reservoir depletion,and the shear failure of the fault is the most likely.At this time,the reservoir pressure should be strictly controlled not to be too small,so that it can be suitable for the construction of gas storage.Under other conditions,the possibility of shear failure of the caprock is less.For reverse faults and strike-slip faults,when is smaller,the FSP decreases first and then increases with reservoir depletion.Although the possibility of shear failure decreases in the initial stage of reservoir depletion,it increases in the later stage.The research results can provide a theoretical basis for the reconstruction of underground gas storage.
基金Supported by the National Natural Science Foundation of China(12272248)。
文摘The method of integrating factors is used to study the conservation laws of the Herglotz type Birkhoffian systems in this paper.Firstly,the definition of the integrating factors of the Herglotz type Birkhoffian systems is given.Secondly,the relationship between the integrating factors and conservation laws is studied,and the conservation theorems of Herglotz type Birkhoff's equations and their inverse theorems are established.Thirdly,two types of generalized Killing equations for calculating integrating factors are given.Finally,as an example,a linear damped oscillator is taken.This example can be transformed into a Herglotz type Birkhoffian system.The resulting conservation theorems are used to find the conserved quantities for this example.
文摘Objective To analyze the problems of China’s pharmacovigilance legislation,and to provide some suggestions for improving it.Methods Relevant literature at home and abroad were studied to compare the laws and regulations of the United States,the European Union,Japan and China.Then,the problems of China’s pharmacovigilance legislation were analyzed.Results and Conclusion The Chinese pharmacovigilance legislation has such problems as nontransparent formulation process,poor dynamic adaptability,insufficient use of the attention mechanism,fragmentation of laws and regulations,and poor connection of laws and regulations,which should be optimized.It is recommended to carry out theoretical and methodological research on pharmacovigilance legislation to provide practical guidance for optimizing pharmacovigilance legislation with Chinese characteristics.
文摘Information about whether genetic information requires special treatment in law varies around the world and many aspects are not clear.In this study,we draw upon knowledge gained from various disciplines,such as genetics,medicine,law,philosophy,psychology,sociology,anthropology,insurance,and economics,which have all contributed to the study of genetic information,and discrimination based on genetic traits.With this in mind,we are able to set this research study into perspective.We make no claim on behalf of any field of study.Nevertheless,we say the development in the field of genetics is in its infancy and that knowledge of an individual genome would be essential not only for counseling but could also be used for stigmatization and discrimination.The purpose of the study is to help provide useful links concerning legal and ethical issues in human genetics and particularly where it deals with the laws,regulations,and policies concerning genetic information.We deal with the legal and ethical aspects in human genetics that influence genetic information.We examine government policies and the existing legislation in Papua New Guinea(PNG)that deal with genetic information and analyze discrimination cases due to genetic traits and describe its magnitude in PNG.This study places importance on the examination of qualitative data collected by a questionnaire survey from individual subjects representing various organizations in PNG including Department of Health,Insurance companies,General Federation of Employers’Associations,Trade Unions,and professional workers such as lawyers,District Court magistrates,medical doctors,healthcare workers,students,and private individuals.The study was conducted in towns in PNG although the majority of the participants live in the National Capital District.A sample of individuals(patients)were enrolled in a cross-sectional questionnaire survey.Individual information was obtained to describe the situation of the area.However,this study did not use administrative records based on health information from the Department of Health which describes the prevalence of genetically disordered individuals.All selected individuals or subjects were interviewed or completed a questionnaire.The data were assessed to characterize the study subsets.The findings of this study are made available to clinical practice in law,medical and public health,and private and public institutions including insurance companies,employers’federation,mining companies,and workers’unions in PNG,and academics and researchers.Educational programs on the basic principles of genetics,ethics,and law in relation to insurance will have to be developed to improve the knowledge of insurance,medical,and the cost of long-term care.
基金Project(2022YFC3801000)supported by the National Key Research and Development Program of ChinaProject(232300421064)supported by the Natural Science Foundation of Henan Province,China+1 种基金Project(241111322700)supported by the Key Research and Development Projects in Henan Province,ChinaProject(52008379)supported by the National Natural Science Foundation of China。
文摘Recently,foamed polymers have been widely used in the repair of underground engineering disasters by grouting(trenchless technology)due to controllable gelation time and self-expansion.However,the grouting process becomes more complicated due to the complex geological conditions and the self-expansion of slurry.Therefore,this paper adopts a self-made visual experimental device with peripheral pressure and water plugging rate(WPR)monitoring functions to study the influence of main influencing parameters(particle size distribution,grouting amount and dynamic water pump pressure(DWPP))on the spatiotemporal distribution of slurry WPR and diffusion dynamic response(peripheral pressure).The results show that:When grouting amount is 563 g and DWPP is 0.013 MPa,the expansion force of the slurry in the diffusion process is dominant and can significantly change the local sand and gravel skeleton structure.When grouting amount is 563 g,DWPP is 0.013 MPa,and particle size distribution type isⅢ,the flow time of the polymer is shortened,the pores of the gravel are rapidly blocked.Then,the peripheral pressure decreases rapidly with the increase of the distance,and the time to reach the inflection point WPR is shortened.The instantaneous blockage of the pores leads to the delayed transmission of flow field blockage information.
文摘[Objectives]This study was conducted to analyze the medication laws of traditional Chinese medicine prescriptions for the treatment of spleen-deficiency irritable bowel syndrome in Guanling Autonomous County Hospital of Traditional Chinese Medicine.[Methods]Prescriptions for the treatment of spleen-deficiency irritable bowel syndrome(IBS)were retrieved from the TCM family of the hospital,traditional Chinese medical doctor Wu Zhongli,in the period from November 2023 to April 2024.Microsoft Excel 2007 was employed to set up an information table of TCM prescriptions,and the age,gender,herbal properties,efficacy categories and the frequency of use were analyzed to explore the medication laws of TCM in the hospital for the treatment of spleen-deficiency irritable bowel syndrome.[Results]Among the 259 TCM prescriptions included,152 kinds of TCM decoction pieces were used.The decoction pieces were mainly warm in nature,and decoction pieces cold in nature took the second place.The flavors of the herbs were mostly sweet,bitter and pungent.Most of them were attributive to the spleen,stomach meridian and lung meridians,and the herbs were mainly used for tonifying deficiency and regulating qi.The herbs with higher frequency of use included Radix Glycyrrhiza,Pericarpium Citri Reticulatae,poria,and Angelicae Sinensis Radix,the main effects of which are replenishing qi to invigorate the spleen,activating qi and eliminating phlegm,clearing damp and promoting diuresis,and relaxing bowel.[Conclusions]Chinese medicine treatment of IBS with spleen deficiency in hospitals is mainly based on replenishing qi to invigorate the spleen,activating qi and eliminating phlegm,clearing damp and promoting diuresis,and relaxing bowel,and Xiangsha Liujunzi Decoction is commonly used in clinical treatment based on syndrome differentiation with modifications.
