International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights a...International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.展开更多
The Union for the Protection of New Varieties of Plants is abbreviated as UPOV. The Convention for the Protection of New Varieties of Plants has 1961/1972 Act ,1978 Act and 1991 Act. China is member of UPOV and its re...The Union for the Protection of New Varieties of Plants is abbreviated as UPOV. The Convention for the Protection of New Varieties of Plants has 1961/1972 Act ,1978 Act and 1991 Act. China is member of UPOV and its regulations of protection of new varieties of plants conform to 1978 Act. At present, there is big debate whether China accedes to 1991 Act. This paper mainly discussed advantages and possibilities that China accedes to 1991 Act, and concluded that it is highly desirable that China should consider acceding to 1991 Act in order to contribute to development of system on protection of new varieties of plants.展开更多
On September 12th,2020,the Turkish Ministry of Environment and Urban Planning issued a final approved version of an EIA(Environmental Impact Assessment)report for the Sinop(4,800 MWe)nuclear power plant and nuclear fu...On September 12th,2020,the Turkish Ministry of Environment and Urban Planning issued a final approved version of an EIA(Environmental Impact Assessment)report for the Sinop(4,800 MWe)nuclear power plant and nuclear fuel fabrication complex project,located on Turkey’s Southern Black Sea coastline,in the Sinop Providence,which will be built on a BOO(Build-Own-Operate)basis by an offshore company known as General Directorate of Electricity Generation Inc.(EUAS)International ICC,along with unknown shadowy partners and investors.This project violates the Convention on the Protection of the Black Sea against Pollution,namely,Bucharest’s Convention of 1992,and the Sofia Protocol of 2018 which are established to preserve the uniqueness of the Black Sea,sustain the fisheries,and protect marine life.The Black Sea is the largest anoxic water basin in the world with oxygen rich surface waters supporting marine life which constitute only about 13% of the Black Sea volume.For the rest of the entire Black Sea at a depth greater than 150-200 m,there is a permanent hydrogen sulphide zone devoid of life,the oxygen is completely absent after this level.This unique bio-hydrological characteristic has been regulating the preconditions of its following distinctive biodiversity for thousands of years.The biologically rich regions are only limited to only oxygen rich shelf zones,with depths of up to 50-100 m in the southern coast line,and in the northern Black Sea shallow-water areas with depths of up to 5-10 m.This water body,bordering the hydrogen sulphide zone,is approximately 200-300 m wide and averages 5-50 m deep,in which high concentrations of fish eggs and larvae strive,and circulate counterclockwise along 4340 km coastline of the Black Sea.展开更多
On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Ove...On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women＇s organizations. It has played an increasingly great role in protecting women＇s rights and enhancing women＇s status in society.展开更多
The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the re...The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.展开更多
As the core of the International Humanitarian Law, the Geneva Conventions of 1949 have just celebrated their 61st anniversary. Here after a brief historic background introduction, the writer detailed analyzed the defi...As the core of the International Humanitarian Law, the Geneva Conventions of 1949 have just celebrated their 61st anniversary. Here after a brief historic background introduction, the writer detailed analyzed the definition,展开更多
“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s p...“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.展开更多
According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective parti...According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.展开更多
The assessment of the policy framework governing Invasive Alien Species(IAS) control is of critical importance in conservation. The undertaking of a SWOT analysis of such a framework is necessary because it enhances t...The assessment of the policy framework governing Invasive Alien Species(IAS) control is of critical importance in conservation. The undertaking of a SWOT analysis of such a framework is necessary because it enhances the efficacy of IAS control. The aim of this study is to carry out a SWOT analysis of the policy framework guiding the control of the spreading of Acacia mearnsii and other IAS in the Golden Gate Highlands National Park in South Africa,as well as the implementation of restorative measures in the park and adjacent communities in line with the recommendations of the Convention on Biodiversity. A comparative analysis of this framework and the hierarchical framework that was developed during the European Union Conference on Freshwater Invasives- Networking for Strategy in 2013 is undertaken. The results indicate the need to strengthen parkcommunity relations,upgrade existing legislation,and boost the technical capacity of South African national parks to identify,detect,monitor and predict IAS invasions,both within the parks and their surroundings. This knowledge is important for developing future policies on IAS control in South Africa.展开更多
文摘International migration mainly happens between the North and the South Mig rant workers have made important contributions to the inclusive growth and sustainable development of world economy, but their human rights are often violated In recent years, frequent extreme terrorists attacks and large-scale refugee influxes have triggered anti-for eign sentiment and policies in developed countries, which expose migrant workers to an unprecedented human rights crisis The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is an important convention adopted by the United Nations that specially protects human rights of migrant workers However, as the convention has not been ratified by major developed countries where most migrant workers seek employment, the protection regime has an empty shell Developing countries where most migrant workers originate from should strengthen cooperation among themselves and urge developed countries to fulfill the duty of human rights protection by normalizing the status of migrant workers and that of members of their families in employment countries and ratifying the convention as soon as possible.
文摘The Union for the Protection of New Varieties of Plants is abbreviated as UPOV. The Convention for the Protection of New Varieties of Plants has 1961/1972 Act ,1978 Act and 1991 Act. China is member of UPOV and its regulations of protection of new varieties of plants conform to 1978 Act. At present, there is big debate whether China accedes to 1991 Act. This paper mainly discussed advantages and possibilities that China accedes to 1991 Act, and concluded that it is highly desirable that China should consider acceding to 1991 Act in order to contribute to development of system on protection of new varieties of plants.
文摘On September 12th,2020,the Turkish Ministry of Environment and Urban Planning issued a final approved version of an EIA(Environmental Impact Assessment)report for the Sinop(4,800 MWe)nuclear power plant and nuclear fuel fabrication complex project,located on Turkey’s Southern Black Sea coastline,in the Sinop Providence,which will be built on a BOO(Build-Own-Operate)basis by an offshore company known as General Directorate of Electricity Generation Inc.(EUAS)International ICC,along with unknown shadowy partners and investors.This project violates the Convention on the Protection of the Black Sea against Pollution,namely,Bucharest’s Convention of 1992,and the Sofia Protocol of 2018 which are established to preserve the uniqueness of the Black Sea,sustain the fisheries,and protect marine life.The Black Sea is the largest anoxic water basin in the world with oxygen rich surface waters supporting marine life which constitute only about 13% of the Black Sea volume.For the rest of the entire Black Sea at a depth greater than 150-200 m,there is a permanent hydrogen sulphide zone devoid of life,the oxygen is completely absent after this level.This unique bio-hydrological characteristic has been regulating the preconditions of its following distinctive biodiversity for thousands of years.The biologically rich regions are only limited to only oxygen rich shelf zones,with depths of up to 50-100 m in the southern coast line,and in the northern Black Sea shallow-water areas with depths of up to 5-10 m.This water body,bordering the hydrogen sulphide zone,is approximately 200-300 m wide and averages 5-50 m deep,in which high concentrations of fish eggs and larvae strive,and circulate counterclockwise along 4340 km coastline of the Black Sea.
文摘On December 18, 1979, the 34th General Assembly of the United Nations adopted the Convention on the Elimination of All Forms of Discrimination against Women with an overwhelming majority of the votes in its favor. Over the past 30 years, the Convention has come to be known by increasing numbers of governments and people, particularly women＇s organizations. It has played an increasingly great role in protecting women＇s rights and enhancing women＇s status in society.
文摘The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.
文摘As the core of the International Humanitarian Law, the Geneva Conventions of 1949 have just celebrated their 61st anniversary. Here after a brief historic background introduction, the writer detailed analyzed the definition,
基金a phased result of the research project“Studies on the Relationship Between the Constitution and International Law”(18BFX034)backed by the National Social Science Fund of China
文摘“The best interests of the child”is an essential principle of the Convention on the Rights of the Child.Due to the abstractness and ambiguity of this principle,its application is inevitably subject to the judge’s personality.Through empirical analysis,we can find that the judicial documents invoking the principle of“the best interests of the child”by Chinese courts show a significant increase in the number of disputes,types of disputes,and pronounced regional characteristics.The application of this principle by the courts is highly consistent with the judicial interpretative documents issued by the Supreme People’s Court.The invocation of this principle plays the role of interpreting the provisions of the law,the value basis for discretion,and the value orientation for shaping new rules in adjudication.At the same time,it is plagued by a lack of guidelines for the application of principles,invocations that serve the will of judges,and imperfect thinking in weighing the various factors involved.The application of this principle should be improved by setting normative standards for the principle of“the best interests of the child”,increasing case guidance for invoking the principle,and enhancing the professionalism of judges.
文摘According to most commentators,cultural autonomy is not a right recognized by positive international law.This article argues that the core elements of cultural autonomy can be derived from the right to effective participation guaranteed by Article 15 of the Framework Convention on the Protection of National Minorities(FCNM).The existing standards developed by the Advisory Committee on the Framework Convention are rather vague,and fail to regulate several issues important for effective participation.This is not determined by the wording of the Convention,but by the Committee’s choice to provide states with a very wide margin of appreciation.To fill in the gaps in the Committee’s jurisprudence,the article examines the case study of a recently adopted law on support for minority cultures in Slovakia.By using a qualitative-substantive approach,it specifies the content of cultural autonomy by defining its purpose,as well as the conditions under which it can be achieved.Applying the Committee’s general criteria to the specific problems raised by the Slovak law,the article establishes the core positive law requirements vis-à-vis the right to cultural autonomy.In closing,the article argues that the Committee should adopt detailed standards,similar to those proposed in the text,in order to enforce the right to effective participation in practice.Operationalizing effective participation leads in substance to the enforcement of the right to cultural autonomy,which is a developed form of the former.
基金the Afromontane Research Unit (ARU) for providing financial support for this study
文摘The assessment of the policy framework governing Invasive Alien Species(IAS) control is of critical importance in conservation. The undertaking of a SWOT analysis of such a framework is necessary because it enhances the efficacy of IAS control. The aim of this study is to carry out a SWOT analysis of the policy framework guiding the control of the spreading of Acacia mearnsii and other IAS in the Golden Gate Highlands National Park in South Africa,as well as the implementation of restorative measures in the park and adjacent communities in line with the recommendations of the Convention on Biodiversity. A comparative analysis of this framework and the hierarchical framework that was developed during the European Union Conference on Freshwater Invasives- Networking for Strategy in 2013 is undertaken. The results indicate the need to strengthen parkcommunity relations,upgrade existing legislation,and boost the technical capacity of South African national parks to identify,detect,monitor and predict IAS invasions,both within the parks and their surroundings. This knowledge is important for developing future policies on IAS control in South Africa.
