The charterparty is a legal contract of employing a vessel. In shipping matters, it is a highly important document since it allocates obligations, rights, duties, liabilities, risks, earnings, costs and profits betwee...The charterparty is a legal contract of employing a vessel. In shipping matters, it is a highly important document since it allocates obligations, rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, namely, the shipowner and the charterer. The interpretation of the above mentioned matters, as well as the understanding of charterparty terms, is considered of critical importance in chartering practice. Therefore, this paper constitutes a review of the most important aspects arising from charterparties in the main types of charter. The present study is based on shipping practices followed in accordance with the English Common Law throughout the chartering process （pre-fixture, fixture, execution of the charter, post fixture）. This is a synopsis about the distribution of the liabilities and expenses between the shipowner and the charterer in the most representative types of charter. The analysis is seen from a commercial stand point. Therefore, it is mostly addressed to the shipping practitioners, maritime economists, academics, students and researchers who seek to form a comprehensive view on the subject. It may also form a basis for further study on chartering aspects （legal, economic, managerial and practical）.展开更多
“The Fundamental Rights and obligations of Citizens”, the title of Chapter II of the current Constitution of PRC, and the stipulation that citizens must fulfill certain obligations while enjoying rights have trigger...“The Fundamental Rights and obligations of Citizens”, the title of Chapter II of the current Constitution of PRC, and the stipulation that citizens must fulfill certain obligations while enjoying rights have triggered many debates. Considering the historical origin, constitutional philosophy, and the text and structure of the Constitution, the special provisions of the current Constitution are influenced by the principle of consistency of rights and obligations. The principle of consistency of rights and obligations in the Constitution is of complex connotation. Therefore, although the principle of consistency of rights and obligations effectively connects the public and private spheres, it ignores the diversity and differences of the interests and elements contained in the Constitution, the asymmetry of the normative status of fundamental rights and fundamental obligations,and the right of citizens to self-determination of personal interests.The principle of consistency of rights and obligations should be purposefully narrowed and concretized: In the context of public-private integration and risk society prevention, the principle of consistency of rights and obligations can be used as a supplement to the functional system of the Constitution;in the field of fundamental political obligations, the principle of consistency of rights and obligations should be in line with the requirements of the state to respect and protect human rights;in the field of fundamental social obligations, the exercise of fundamental rights by individuals is protected by the Constitution as long as they comply with the law and do not infringe upon the interests of the social community. The principle of the consistency of rights and obligations is only used as the negative constituents of the determination of rights and the basis for the effect against a third party of fundamental rights.展开更多
The increased complexity and scales of international arbitration cases require a larger roster of righteous and experienced international arbitrators. The difficulty to define ethics or ethical obligation in the area ...The increased complexity and scales of international arbitration cases require a larger roster of righteous and experienced international arbitrators. The difficulty to define ethics or ethical obligation in the area of international arbitration has caused increased discussion and confusion. As a result,the tendency towards codification of ethical obligations would provide a more precise and practical mean to regulate arbitrators' behavior. The legal sources of ethical obligations of international arbitrators contain international conventions,national laws,arbitral institutions' rules as well as institutional codes of ethics. The main substantive ethical obligations include disclosing,investigating,conducting the arbitration in accordance with the arbitration agreement,maintaining confidentiality,being competent and diligent. Chinese authorities and foreign-related arbitral institutions should enhance the codification and uniformity of the international arbitrators' ethical obligations. The relevant strategies for revising the Arbitration Lawand arbitrators' ethical codes,unifying the foreign-related arbitration institution ethical rules and joining the harmonious progress of international arbitration should be considered correspondingly.展开更多
The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has b...The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.展开更多
This paper considers the pricing problem of collateralized debt obligations tranches under a structural jump-diffusion model, where the asset value of each reference entity is generated by a geometric Brownian motion ...This paper considers the pricing problem of collateralized debt obligations tranches under a structural jump-diffusion model, where the asset value of each reference entity is generated by a geometric Brownian motion and jump with an asymmetric double exponential distribution. Conditioned on the common factor of individual entity, this paper gets the conditional distribution, and further obtains the loss distribution of the whole reference portfolio. Based on the semi-analytic approach, the fair spreads of collateralized debt obligations tranches, i.e., the prices of collateralized debt obligations tranches, are derived.展开更多
I Universal criminal jurisdiction,which is exercised by domestic courts of States,is considered today by some scholars as a panacea for fighting against impunity of perpetrators of the most heinous international crime...I Universal criminal jurisdiction,which is exercised by domestic courts of States,is considered today by some scholars as a panacea for fighting against impunity of perpetrators of the most heinous international crimes worldwide.展开更多
The principal thesis of this paper is that one must grasp the importance, or even the centrality, of Hobbes＇s idea of commonwealth by institution in Leviathan in order to fully understand and appreciate his arguments...The principal thesis of this paper is that one must grasp the importance, or even the centrality, of Hobbes＇s idea of commonwealth by institution in Leviathan in order to fully understand and appreciate his arguments concerning the political obligation of obedience. Until recently, this idea has not been given its due significance in the literature. It has been commonly held that Hobbes＇s theorizing about the foundation of the state was based upon his concept of covenant. This paper argues that crucial aspects of political obligation generated by Hobbes＇s concept of covenant could not be understood without a clear understanding of the relationship among the three elements embodied in his idea of commonwealth by institution-covenant, authorization and right-transfer. While several attempts have been made on this topic, the pictures that have been drawn by Hobbesian scholars are more or less inadequate. In particular, the significant roles which authorization and right-transfer play in Hobbes＇s account of political obligation have yet been made clear. By shifting focus upon the idea of commonwealth by institution and taking it as Hobbes＇s mechanism of explaining the nature and origins of political obligation of obedience, this paper examines in detail the specific questions which Hobbes was addressing by coining this term and elicits what exactly he may have meant to convey to his audiences.展开更多
Are citizens morally obligated to obey and support their states？ ＂Political Obligations and Authority＂ is perhaps A. John Simmons＇ most comprehensive summary of his mature views on this enduring philosophical prob...Are citizens morally obligated to obey and support their states？ ＂Political Obligations and Authority＂ is perhaps A. John Simmons＇ most comprehensive summary of his mature views on this enduring philosophical problem. In this essay, Simmons critically engages Plato＇s dialogue Crito and culls from it three types of strategies for justifying political obligations： natural duty, associative, and transactional. Simmons argues that natural duty accounts are inherently incapable of providing moral grounding for political obligations, disqualifies both associative and transactional accounts on empirical grounds, and settles for a form of anarchism. I argue, assuming as Simmons does in this essay that natural duties imply obligations of support and obedience to political institutions, that the natural duty strategy promises to provide an escape route out of anarchism.展开更多
There is a transition from the objective laws or moral orders that precede human will in classical natural law to the subjective demands or rights emanating from human will in modern natural law,and it represents a hi...There is a transition from the objective laws or moral orders that precede human will in classical natural law to the subjective demands or rights emanating from human will in modern natural law,and it represents a historical debate on the shift from an obligation-based theory to a right-based theory.Strauss,within the context of this transition across time,assesses Thomas Hobbes's philosophy of law and recognizes him as the founder of modern natural rights theory.Using Wesley Newcomb Hohfeld's analysis of jurisprudence,Howard Warrender assesses the privilege nature of Hobbes's concept of natural rights and concludes that,since Hohfeld's privilege is the opposite of obligation and related to no-right,obligations cannot be derived from natural rights.Therefore,Warrender argues that Strauss's assertion requires correction.However,Warrender places excessive emphasis on Hohfeld's static separation of the concept of privilege within his theoretical system,overlooking the dynamic transformation from privilege to claim rights.In this regard,Hobbesian scholar Carlan's criticism of Warrender is valid.Meanwhile,Warrender's research holds theoretical significance in that he,under the premise of being a part of Hobbes'natural law tradition,transforms Hohfeld's flat,two-party legal rights relationships into a three-party legal rights structure,which could represent a potential innovation in the 20^(th)century legal philosophy.展开更多
This is a bioethical investigation into the nature of the endemic crisis,its survival,and the social construction of moral obligation during the Ebola crisis in Liberia,West Africa.The 2014 outbreak in West Africa was...This is a bioethical investigation into the nature of the endemic crisis,its survival,and the social construction of moral obligation during the Ebola crisis in Liberia,West Africa.The 2014 outbreak in West Africa was the most considerable,most severe,and most complex Ebola epidemic thus far.At the close of the crisis in Liberia,six thousand infected persons survived unexpectedly.The ethics of Ebola and survival is exceptionally complicated and requires a complex theoretical explanation.While a categorical analysis of ethical theory cannot cover the full scope of this moral dilemma,a single concept carried over a range of models does;and,that concept is known as moral obligation.Exploring the obligation of others toward Ebola survivors helps locate,justify,and analyze the fear-based system of morality that arose from the world’s most severe endemic crisis.Examining the obligations of government,community,individuals,and foreign research initiatives toward the survivors of the West African Ebola endemic in Monrovia,this article explores the varying moralities of endemic crisis culture as it examines the complexity of judgment related to social obligation.展开更多
The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on H...The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the infringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the “needs of a democratic society.” Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.展开更多
Long long ago,there was a young girl named Hua Mulan.Her father was a soldier.One day,the emperor needed more soldiers.Each family had to send one man.But Mulan’s father was too old,and her brother was too young.So,M...Long long ago,there was a young girl named Hua Mulan.Her father was a soldier.One day,the emperor needed more soldiers.Each family had to send one man.But Mulan’s father was too old,and her brother was too young.So,Mulan cut her long hair short,dressed up as a man,and joined the army in place of her father.展开更多
The legal protection of human dignity can be explored from the perspective of regulating“hate speech.”The practices of most countries worldwide demonstrate that human dignity serves as a fundamental value limiting t...The legal protection of human dignity can be explored from the perspective of regulating“hate speech.”The practices of most countries worldwide demonstrate that human dignity serves as a fundamental value limiting the freedom of expression.Legally protected human dignity encompasses three levels of meaning:the dignity of life as an inherent aspect of human existence,the dignity of individuals as members of specific groups,and the personal dignity of individuals as unique beings.These three levels collectively emphasize the principle that human beings are ends in themselves,underscoring that individuals must not be degraded to mere means or subjected to harm.The inherent nature of human dignity necessitates its protection by both the state and societal entities.Traditionally,the safeguarding of human dignity has primarily depended on state intervention.However,with the advent of the digital age,this responsibility has increasingly extended to social entities,imposing changes of enhanced and expanded obligations of respect.Consequently,the key to protecting human dignity lies in adjusting the allocation of responsibilities between the state and society in accordance with the development of the times.Under the guidance of human dignity as a constitutional value,China should focus on establishing a comprehensive protection system by improving legislation,law enforcement,and judicial practices.This includes specifying the obligations of social entities and constructing multi-level regulatory mechanisms to form an effective system of protection by the state and society.展开更多
The understanding of the scope of protection for the right to health should not be limited to fragmented descriptions in departmental laws,such as those focusing on rights,interests,or legal benefits.Instead,it should...The understanding of the scope of protection for the right to health should not be limited to fragmented descriptions in departmental laws,such as those focusing on rights,interests,or legal benefits.Instead,it should be analyzed holistically within the constitutional framework of fundamental rights.From the perspective of defense right function,the right to health addresses physiological harm that progresses through stages of“risk-danger-infringement,”psychological harm that targets inner distress,and minor harm arising from challenges in social adaptation,to clarify the negative defensive obligations of the state to prevent health-related harm.From the perspectives of the beneficiary right function and the objective value order function,the right to health requires a minimum level of constitutional protection and delineating the positive obligations of the state to ensure it through the fulfillment of basic obligations in healthcare and health promotion.展开更多
The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of f...The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of fundamental rights,the forms of state obligations,the scope of fundamental rights,among other aspects.Regarding the subjects of the legal relationships of fundamental rights,human rights clauses have expanded the subjects of fundamental rights from citizens to natural persons.They have also narrowed down the duty-bearing subjects directed by fundamental rights in clauses that do not define duty-bearing subjects from all entities to state public power.Additionally,in fundamental rights clauses that stipulate private entities as duty-bearing subjects,the duty-bearing subjects have been narrowed down from all private entities to social public power entities.In terms of the nature of fundamental rights,human rights clauses have endowed each specific basic right with dual characteristics of the right to respect and the right to protection.Regarding the forms of state obligations,human rights clauses have established the state obligations corresponding to each specific basic right as obligations to respect and to protect.In terms of the scope of fundamental rights,human rights clauses do not have the function of independently justifying unenumerated fundamental rights,but they can assist other clauses in justifying unenumerated fundamental rights,thereby expanding the scope of fundamental rights to a limited extent.展开更多
Traditional constitutional theory holds that Article 33,Paragraph 4 of the Chinese Constitution establishes the principle of the consistency of rights and obligations.However,with the evolution of constitutional theor...Traditional constitutional theory holds that Article 33,Paragraph 4 of the Chinese Constitution establishes the principle of the consistency of rights and obligations.However,with the evolution of constitutional theory and practice,its interpretation has shifted.It is increasingly viewed as a concretization of the principle of equality,although this perspective has not been thoroughly substantiated in academic circles.Upon closer analysis,interpreting this provision as the“consistency of rights and obligations”reveals several issues,including counterevidence from the constitutional drafting history,a lack of internal coherence,and a misalignment with the functions of the Constitution.By revisiting the specific context of this provision,it can be understood as an anti-privilege clause,serving as a special annotation of the equality principle.This approach enables a harmonious interpretation of this provision alongside other constitutional provisions.展开更多
Hajj is one of the‘Five Pillars’in Islam.However,the large-scale cross-border movement of pilgrims around the world poses huge challenges over health security.Saudi Hajj governance is not only a need to maintain hea...Hajj is one of the‘Five Pillars’in Islam.However,the large-scale cross-border movement of pilgrims around the world poses huge challenges over health security.Saudi Hajj governance is not only a need to maintain health security,but also to a large extent the sharia considerations related to the prerequisites for Hajj.In recent years,Saudi Arabia has gained rich experience in dealing with the challenges of SARS,MERS and other infectious diseases on Hajj.With the spread of the COVID-19 to Mecca in February 2020,Saudi Arabia has been facing serious challenges.Based on domestic and global epidemic prevention considerations,the Saudi government finally introduced the new policy on 2020 Hajj,which for the first time halted the Hajj of overseas Muslims,and only selected a very limited number of pilgrims within Saudi territory to perform Hajj.Saudi actually balances three major structural contradictions between maintaining health security and fighting the epidemic,and to a certain extent ensuring the rights of Muslims around the world.With the easing of the epidemic in Saudi Arabia in 2021,how to ensure that the Hajj can be performed in 2021 under the COVID-19 has aroused great attention from the international community.For the current review,Saudi new Hajj policy in 2020 has achieved due results.Saudi Arabia continued the scaled-down Hajj policy in 2021 due to the constant mutations of the coronavirus.The formation of Saudi Hajj policy under COVID-19 directly comes from the rich experience of Saudi Arabia in effectively maintaining the Hajj health security during the spread of different global epidemics,and fundamentally rooted in the hygiene and cleanliness within the Islamic civilisation.展开更多
文摘The charterparty is a legal contract of employing a vessel. In shipping matters, it is a highly important document since it allocates obligations, rights, duties, liabilities, risks, earnings, costs and profits between the contracted parties, namely, the shipowner and the charterer. The interpretation of the above mentioned matters, as well as the understanding of charterparty terms, is considered of critical importance in chartering practice. Therefore, this paper constitutes a review of the most important aspects arising from charterparties in the main types of charter. The present study is based on shipping practices followed in accordance with the English Common Law throughout the chartering process （pre-fixture, fixture, execution of the charter, post fixture）. This is a synopsis about the distribution of the liabilities and expenses between the shipowner and the charterer in the most representative types of charter. The analysis is seen from a commercial stand point. Therefore, it is mostly addressed to the shipping practitioners, maritime economists, academics, students and researchers who seek to form a comprehensive view on the subject. It may also form a basis for further study on chartering aspects （legal, economic, managerial and practical）.
文摘“The Fundamental Rights and obligations of Citizens”, the title of Chapter II of the current Constitution of PRC, and the stipulation that citizens must fulfill certain obligations while enjoying rights have triggered many debates. Considering the historical origin, constitutional philosophy, and the text and structure of the Constitution, the special provisions of the current Constitution are influenced by the principle of consistency of rights and obligations. The principle of consistency of rights and obligations in the Constitution is of complex connotation. Therefore, although the principle of consistency of rights and obligations effectively connects the public and private spheres, it ignores the diversity and differences of the interests and elements contained in the Constitution, the asymmetry of the normative status of fundamental rights and fundamental obligations,and the right of citizens to self-determination of personal interests.The principle of consistency of rights and obligations should be purposefully narrowed and concretized: In the context of public-private integration and risk society prevention, the principle of consistency of rights and obligations can be used as a supplement to the functional system of the Constitution;in the field of fundamental political obligations, the principle of consistency of rights and obligations should be in line with the requirements of the state to respect and protect human rights;in the field of fundamental social obligations, the exercise of fundamental rights by individuals is protected by the Constitution as long as they comply with the law and do not infringe upon the interests of the social community. The principle of the consistency of rights and obligations is only used as the negative constituents of the determination of rights and the basis for the effect against a third party of fundamental rights.
基金a periodical achievement of China Scholarship Council National Construction of High-level University Postgraduate Program in2016(Liu Jin Fa No.3100).
文摘The increased complexity and scales of international arbitration cases require a larger roster of righteous and experienced international arbitrators. The difficulty to define ethics or ethical obligation in the area of international arbitration has caused increased discussion and confusion. As a result,the tendency towards codification of ethical obligations would provide a more precise and practical mean to regulate arbitrators' behavior. The legal sources of ethical obligations of international arbitrators contain international conventions,national laws,arbitral institutions' rules as well as institutional codes of ethics. The main substantive ethical obligations include disclosing,investigating,conducting the arbitration in accordance with the arbitration agreement,maintaining confidentiality,being competent and diligent. Chinese authorities and foreign-related arbitral institutions should enhance the codification and uniformity of the international arbitrators' ethical obligations. The relevant strategies for revising the Arbitration Lawand arbitrators' ethical codes,unifying the foreign-related arbitration institution ethical rules and joining the harmonious progress of international arbitration should be considered correspondingly.
基金the phased achievement of the CSHRS(China Society for Human Rights Studies)project“Human Rights Obligations of States Regulating the Extraterritorial Human Rights Obligations of Transnational Corporations”(CSHRS2020-25YB)
文摘The extraterritorial application of international human rights conventions is the legal basis for states to regulate the extraterritorial human rights obligations of transnational corporations.In recent years,it has been increasingly challenged by the new trend of the United Nations governing the human rights responsibilities of transnational corporations.A study of existing international rules and practices shows that the extraterritorial application of international human rights conventions depends on the extraterritorial jurisdiction of the States Parties,which mainly includes the actual control over extraterritorial territories and individuals as well as the execution of authority outside the territories.In view of the above,if human rights violations by individuals or transnational corporations occur in areas outside their home territories or are authorized and orchestrated by the home state,the home state shall bear the corresponding human rights responsibilities.Given the restrictive scope of the abovementioned extraterritorial application of international human rights conventions,the international cooperation obligation and the"do no harm"principle may become a new legal basis for states to fulfill their extraterritorial human rights obligations in the future,thereby expanding the basis for the extraterritorial application of international human rights conventions to deal with more serious issues of human rights violations by transnational corporations.However,on the whole,the current identification and codification of states regulating the extraterritorial human rights obligations of transnational corporations should respect the existing rules of international human rights law and should not add any new human rights obligations on states.
基金Supported by the National Natural Science Foundation of China (70771018)the Natural Science Foundation of Shandong Province (2009ZRB019AV)Mathematical Subject Construction Funds and the Key Laboratory of Financial Information Engineering of Ludong University (2008)
文摘This paper considers the pricing problem of collateralized debt obligations tranches under a structural jump-diffusion model, where the asset value of each reference entity is generated by a geometric Brownian motion and jump with an asymmetric double exponential distribution. Conditioned on the common factor of individual entity, this paper gets the conditional distribution, and further obtains the loss distribution of the whole reference portfolio. Based on the semi-analytic approach, the fair spreads of collateralized debt obligations tranches, i.e., the prices of collateralized debt obligations tranches, are derived.
文摘I Universal criminal jurisdiction,which is exercised by domestic courts of States,is considered today by some scholars as a panacea for fighting against impunity of perpetrators of the most heinous international crimes worldwide.
文摘The principal thesis of this paper is that one must grasp the importance, or even the centrality, of Hobbes＇s idea of commonwealth by institution in Leviathan in order to fully understand and appreciate his arguments concerning the political obligation of obedience. Until recently, this idea has not been given its due significance in the literature. It has been commonly held that Hobbes＇s theorizing about the foundation of the state was based upon his concept of covenant. This paper argues that crucial aspects of political obligation generated by Hobbes＇s concept of covenant could not be understood without a clear understanding of the relationship among the three elements embodied in his idea of commonwealth by institution-covenant, authorization and right-transfer. While several attempts have been made on this topic, the pictures that have been drawn by Hobbesian scholars are more or less inadequate. In particular, the significant roles which authorization and right-transfer play in Hobbes＇s account of political obligation have yet been made clear. By shifting focus upon the idea of commonwealth by institution and taking it as Hobbes＇s mechanism of explaining the nature and origins of political obligation of obedience, this paper examines in detail the specific questions which Hobbes was addressing by coining this term and elicits what exactly he may have meant to convey to his audiences.
文摘Are citizens morally obligated to obey and support their states？ ＂Political Obligations and Authority＂ is perhaps A. John Simmons＇ most comprehensive summary of his mature views on this enduring philosophical problem. In this essay, Simmons critically engages Plato＇s dialogue Crito and culls from it three types of strategies for justifying political obligations： natural duty, associative, and transactional. Simmons argues that natural duty accounts are inherently incapable of providing moral grounding for political obligations, disqualifies both associative and transactional accounts on empirical grounds, and settles for a form of anarchism. I argue, assuming as Simmons does in this essay that natural duties imply obligations of support and obedience to political institutions, that the natural duty strategy promises to provide an escape route out of anarchism.
基金a phased project of two general projects:the Translation and Study of Hobbes’s Of Man(Project No.22YJA720009)a project of the Humanities and Social Sciences Planning Fund by the Ministry of Education+1 种基金the Research on Early Modern Western Sovereignty Theory(Project No.SK2022010)a project of the Basic Scientific Research of the Institutions of Higher-learning affiliated to Central Departments。
文摘There is a transition from the objective laws or moral orders that precede human will in classical natural law to the subjective demands or rights emanating from human will in modern natural law,and it represents a historical debate on the shift from an obligation-based theory to a right-based theory.Strauss,within the context of this transition across time,assesses Thomas Hobbes's philosophy of law and recognizes him as the founder of modern natural rights theory.Using Wesley Newcomb Hohfeld's analysis of jurisprudence,Howard Warrender assesses the privilege nature of Hobbes's concept of natural rights and concludes that,since Hohfeld's privilege is the opposite of obligation and related to no-right,obligations cannot be derived from natural rights.Therefore,Warrender argues that Strauss's assertion requires correction.However,Warrender places excessive emphasis on Hohfeld's static separation of the concept of privilege within his theoretical system,overlooking the dynamic transformation from privilege to claim rights.In this regard,Hobbesian scholar Carlan's criticism of Warrender is valid.Meanwhile,Warrender's research holds theoretical significance in that he,under the premise of being a part of Hobbes'natural law tradition,transforms Hohfeld's flat,two-party legal rights relationships into a three-party legal rights structure,which could represent a potential innovation in the 20^(th)century legal philosophy.
文摘This is a bioethical investigation into the nature of the endemic crisis,its survival,and the social construction of moral obligation during the Ebola crisis in Liberia,West Africa.The 2014 outbreak in West Africa was the most considerable,most severe,and most complex Ebola epidemic thus far.At the close of the crisis in Liberia,six thousand infected persons survived unexpectedly.The ethics of Ebola and survival is exceptionally complicated and requires a complex theoretical explanation.While a categorical analysis of ethical theory cannot cover the full scope of this moral dilemma,a single concept carried over a range of models does;and,that concept is known as moral obligation.Exploring the obligation of others toward Ebola survivors helps locate,justify,and analyze the fear-based system of morality that arose from the world’s most severe endemic crisis.Examining the obligations of government,community,individuals,and foreign research initiatives toward the survivors of the West African Ebola endemic in Monrovia,this article explores the varying moralities of endemic crisis culture as it examines the complexity of judgment related to social obligation.
文摘The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the infringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the “needs of a democratic society.” Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.
文摘Long long ago,there was a young girl named Hua Mulan.Her father was a soldier.One day,the emperor needed more soldiers.Each family had to send one man.But Mulan’s father was too old,and her brother was too young.So,Mulan cut her long hair short,dressed up as a man,and joined the army in place of her father.
文摘The legal protection of human dignity can be explored from the perspective of regulating“hate speech.”The practices of most countries worldwide demonstrate that human dignity serves as a fundamental value limiting the freedom of expression.Legally protected human dignity encompasses three levels of meaning:the dignity of life as an inherent aspect of human existence,the dignity of individuals as members of specific groups,and the personal dignity of individuals as unique beings.These three levels collectively emphasize the principle that human beings are ends in themselves,underscoring that individuals must not be degraded to mere means or subjected to harm.The inherent nature of human dignity necessitates its protection by both the state and societal entities.Traditionally,the safeguarding of human dignity has primarily depended on state intervention.However,with the advent of the digital age,this responsibility has increasingly extended to social entities,imposing changes of enhanced and expanded obligations of respect.Consequently,the key to protecting human dignity lies in adjusting the allocation of responsibilities between the state and society in accordance with the development of the times.Under the guidance of human dignity as a constitutional value,China should focus on establishing a comprehensive protection system by improving legislation,law enforcement,and judicial practices.This includes specifying the obligations of social entities and constructing multi-level regulatory mechanisms to form an effective system of protection by the state and society.
文摘The understanding of the scope of protection for the right to health should not be limited to fragmented descriptions in departmental laws,such as those focusing on rights,interests,or legal benefits.Instead,it should be analyzed holistically within the constitutional framework of fundamental rights.From the perspective of defense right function,the right to health addresses physiological harm that progresses through stages of“risk-danger-infringement,”psychological harm that targets inner distress,and minor harm arising from challenges in social adaptation,to clarify the negative defensive obligations of the state to prevent health-related harm.From the perspectives of the beneficiary right function and the objective value order function,the right to health requires a minimum level of constitutional protection and delineating the positive obligations of the state to ensure it through the fulfillment of basic obligations in healthcare and health promotion.
基金the Ministry of Education’s Major Special Project for Philosophical and Social Science Research,“A Study on the Conceptual System of China’s Independent Legal Knowledge System”(Project Number 2023JZDZ014)the Ministry of Education’s Humanities and Social Science Research Planning Fund Project,“A Study on the Improvement of the Villager Self-Governance System in the Context of Land Circulation”(Project Number 19YJA820027).
文摘The incorporation of human rights clauses into the constitution has propelled the innovation of fundamental rights hermeneutics in terms of the subjects of the legal relationships of fundamental rights,the nature of fundamental rights,the forms of state obligations,the scope of fundamental rights,among other aspects.Regarding the subjects of the legal relationships of fundamental rights,human rights clauses have expanded the subjects of fundamental rights from citizens to natural persons.They have also narrowed down the duty-bearing subjects directed by fundamental rights in clauses that do not define duty-bearing subjects from all entities to state public power.Additionally,in fundamental rights clauses that stipulate private entities as duty-bearing subjects,the duty-bearing subjects have been narrowed down from all private entities to social public power entities.In terms of the nature of fundamental rights,human rights clauses have endowed each specific basic right with dual characteristics of the right to respect and the right to protection.Regarding the forms of state obligations,human rights clauses have established the state obligations corresponding to each specific basic right as obligations to respect and to protect.In terms of the scope of fundamental rights,human rights clauses do not have the function of independently justifying unenumerated fundamental rights,but they can assist other clauses in justifying unenumerated fundamental rights,thereby expanding the scope of fundamental rights to a limited extent.
基金This paper is an phased result of the“Research on Constitutional Review Methods of fundamental rights Restrictions”(Project Number 21BFX040),a general project of 2021 supported by National Social Science Fund of China.
文摘Traditional constitutional theory holds that Article 33,Paragraph 4 of the Chinese Constitution establishes the principle of the consistency of rights and obligations.However,with the evolution of constitutional theory and practice,its interpretation has shifted.It is increasingly viewed as a concretization of the principle of equality,although this perspective has not been thoroughly substantiated in academic circles.Upon closer analysis,interpreting this provision as the“consistency of rights and obligations”reveals several issues,including counterevidence from the constitutional drafting history,a lack of internal coherence,and a misalignment with the functions of the Constitution.By revisiting the specific context of this provision,it can be understood as an anti-privilege clause,serving as a special annotation of the equality principle.This approach enables a harmonious interpretation of this provision alongside other constitutional provisions.
基金the program‘Evolution of Middle East Politics and Momentous Changes Unseen in a Century’of the Innovation Team of Shanghai International Studies Universitythe program‘Impacts of Islam on the Contemporary International Relations’by the National Social Science Foundation of China[21BZJ054]the project‘Study on the Hajj Politics under the Perspective of Modern International Relations’of Fok Ying Tung Education Foundation[161086].
文摘Hajj is one of the‘Five Pillars’in Islam.However,the large-scale cross-border movement of pilgrims around the world poses huge challenges over health security.Saudi Hajj governance is not only a need to maintain health security,but also to a large extent the sharia considerations related to the prerequisites for Hajj.In recent years,Saudi Arabia has gained rich experience in dealing with the challenges of SARS,MERS and other infectious diseases on Hajj.With the spread of the COVID-19 to Mecca in February 2020,Saudi Arabia has been facing serious challenges.Based on domestic and global epidemic prevention considerations,the Saudi government finally introduced the new policy on 2020 Hajj,which for the first time halted the Hajj of overseas Muslims,and only selected a very limited number of pilgrims within Saudi territory to perform Hajj.Saudi actually balances three major structural contradictions between maintaining health security and fighting the epidemic,and to a certain extent ensuring the rights of Muslims around the world.With the easing of the epidemic in Saudi Arabia in 2021,how to ensure that the Hajj can be performed in 2021 under the COVID-19 has aroused great attention from the international community.For the current review,Saudi new Hajj policy in 2020 has achieved due results.Saudi Arabia continued the scaled-down Hajj policy in 2021 due to the constant mutations of the coronavirus.The formation of Saudi Hajj policy under COVID-19 directly comes from the rich experience of Saudi Arabia in effectively maintaining the Hajj health security during the spread of different global epidemics,and fundamentally rooted in the hygiene and cleanliness within the Islamic civilisation.
