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 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
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 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
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 processing of personal data gives a rise to many privacy concerns,and one of them is to ensure the transpar-ency of data processing to end users.Usually this information is communicated to them using privacy polic...The processing of personal data gives a rise to many privacy concerns,and one of them is to ensure the transpar-ency of data processing to end users.Usually this information is communicated to them using privacy policies.In this paper,the problem of user notifcation in case of data breaches and policy changes is addressed,besides an ontol-ogy-based approach to model them is proposed.To specify the ontology concepts and properties,the requirements and recommendations for the legislative regulations as well as existing privacy policies are evaluated.A set of SPARQL queries to validate the correctness and completeness of the proposed ontology are developed.The proposed approach is applied to evaluate the privacy policies designed by cloud computing providers and IoT device manu-facturers.The results of the analysis show that the transparency of user notifcation scenarios presented in the privacy policies is still very low,and the companies should reconsider the notifcation mechanisms and provide more detailed information in privacy policies.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 increase in aging populations is one of the most important issues facing the world today.This article considers how the legal systems in three jurisdictions-China,Singapore,and the United States-with different leg...The increase in aging populations is one of the most important issues facing the world today.This article considers how the legal systems in three jurisdictions-China,Singapore,and the United States-with different legal,political,and ethical regimes,impose and then enforce obligations on adult children to care for their parents.For Singapore,this article considers the content and operation of the Maintenance of Parents Act 1996 and the use of mediation and tribunals for the enforcement of its provisions.For the United States,where more than half the states have some forms of filial support legislation,this article mainly focuses on the experience in Pennsylvania and North and South Dakota and considers cases interpreting the legislation from these states;it also considers the interplay between the legislation and federal social security and healthcare programs.For China,this article mainly considers the obligations imposed by the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly(amended in 2009,2012,2015 and 2018)with examples of recent cases decided in 2017 and the encouragement given to children to support their parents through two agreements(the Separation of Family Assets and the Family Support Agreement)and increased inheritance rights under the Law of Succession 1985.China is unusual in imposing a legal obligation on children to visit their elderly parents,and the article considers recent cases on this.Through a comparative approach,this article also assesses the strengths and weaknesses of the approaches in each jurisdiction.展开更多
With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codific...With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.展开更多
Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Eliminat...Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Elimination of All Forms of Discrimination Against Women adopted by the U.N. General Assembly is a most significant and most comprehensive legal document concerning the protection of human rights of women, which is called "The Charter of the Human Rights of Women." This thesis reviews the achievements and problems in the fulfillment by the Chinese government of obligations under the Convention after signing and ratifying it; and also puts forward some feasible approaches for improvement thereof.展开更多
This article addresses issues regarding the transmission of HIV;without the combination antiretroviral treatment (cART), HIV causes a fatal outcome of those infected in most cases. First, legal issues: For years, cont...This article addresses issues regarding the transmission of HIV;without the combination antiretroviral treatment (cART), HIV causes a fatal outcome of those infected in most cases. First, legal issues: For years, controversial discussions have dealt with the subject of the legal classification of HIV infection, such as “… criminalization of HIV exposure might limit access to and uptake of HIV prevention services…” Based on the rule of law of a constitutional state, we explain the legal principles that serve to protect the legal rights of its citizens. The state has to protect its citizens from harm by other people. The prosecution and conviction of a specific person for a proven HIV infection are legal. Therefore, general decriminalization of HIV infection would undermine the right of thereby harmed citizens to compensation. Second, HIV prevention strategies: Based on the Test and Treatment Strategy (TASP)1, controlled studies were undertaken to find out which framework conditions could improve their benefit. We outline concepts that can help to curb the still ongoing spread of HIV: By providing early HIV diagnosis and ongoing HIV care services as part of updated education and prevention campaigns. Also, concerted, comprehensive campaigns are required to demonstrate further impacts of HIV infection: Both on the quality of life of infected individuals due to the development of non-communicable diseases and the increasing burden to societies as a whole.展开更多
This paper aims to reveal the mechanism of Collateralized Debt Obligations (CDOs) and how CDOs extend the current global financial crisis. We first introduce the concept of CDOs and give a brief account of the de-velo...This paper aims to reveal the mechanism of Collateralized Debt Obligations (CDOs) and how CDOs extend the current global financial crisis. We first introduce the concept of CDOs and give a brief account of the de-velopment of CDOs. We then explicate the mechanism of CDOs within a concrete example with mortgage deals and we outline the evolution of the current financial crisis. Based on our overview of pricing CDOs in various existing random models, we propose an idea of modeling the random phenomenon with the feature of heavy tail dependence for possible implements towards a new random modeling for CDOs.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
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.
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.
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.
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 processing of personal data gives a rise to many privacy concerns,and one of them is to ensure the transpar-ency of data processing to end users.Usually this information is communicated to them using privacy policies.In this paper,the problem of user notifcation in case of data breaches and policy changes is addressed,besides an ontol-ogy-based approach to model them is proposed.To specify the ontology concepts and properties,the requirements and recommendations for the legislative regulations as well as existing privacy policies are evaluated.A set of SPARQL queries to validate the correctness and completeness of the proposed ontology are developed.The proposed approach is applied to evaluate the privacy policies designed by cloud computing providers and IoT device manu-facturers.The results of the analysis show that the transparency of user notifcation scenarios presented in the privacy policies is still very low,and the companies should reconsider the notifcation mechanisms and provide more detailed information in privacy policies.
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 increase in aging populations is one of the most important issues facing the world today.This article considers how the legal systems in three jurisdictions-China,Singapore,and the United States-with different legal,political,and ethical regimes,impose and then enforce obligations on adult children to care for their parents.For Singapore,this article considers the content and operation of the Maintenance of Parents Act 1996 and the use of mediation and tribunals for the enforcement of its provisions.For the United States,where more than half the states have some forms of filial support legislation,this article mainly focuses on the experience in Pennsylvania and North and South Dakota and considers cases interpreting the legislation from these states;it also considers the interplay between the legislation and federal social security and healthcare programs.For China,this article mainly considers the obligations imposed by the Law of the People's Republic of China on the Protection of the Rights and Interests of the Elderly(amended in 2009,2012,2015 and 2018)with examples of recent cases decided in 2017 and the encouragement given to children to support their parents through two agreements(the Separation of Family Assets and the Family Support Agreement)and increased inheritance rights under the Law of Succession 1985.China is unusual in imposing a legal obligation on children to visit their elderly parents,and the article considers recent cases on this.Through a comparative approach,this article also assesses the strengths and weaknesses of the approaches in each jurisdiction.
基金a phasic research result of the project“Human Rights Obligations of States to Regulate Extraterritorial Acts of Domestic Transnational Corporations(CSHIRS2020-25YB)”of the China Society for Human Rights Studies.
文摘With the adoption of the"Legally Binding Instrument to Regulate,in International Human Rights Law,the Activities of Transnational Corporations and other Business Enterprises"and its revised draft,the codification of the human rights responsibilities of transnational corporations has entered a new era The instrument aims to supplement the shortcomings of transnational corporations in fulfilling their human rights responsibilities by strengthening the obligations of states and to improve the host country’s inadequate remedies for human rights violations by establishing extraterritorial human rights jurisdiction of home countries But the instrument has encountered various challenges because the human rights obligations and legal responsibilities of states go beyond the current domestic human rights systems and impact the existing theories and practices of international human rights law In order to resolve the differences among countries,the future codification of the instrument should be based on existing domestic and international legal systems and practices striking a balance between the interests of developing and developed countries,taking into account the objectives of both the fair treatment of transnational corporations and human rights protection,to promote the regulatory effect of the human rights responsibilities of transnational corporations.
文摘Aimed at eliminating all forms discrimination against women, ensuring human rights and fundamental freedoms for women in all fields and realizing de-facto equality between men and women, the Convention on the Elimination of All Forms of Discrimination Against Women adopted by the U.N. General Assembly is a most significant and most comprehensive legal document concerning the protection of human rights of women, which is called "The Charter of the Human Rights of Women." This thesis reviews the achievements and problems in the fulfillment by the Chinese government of obligations under the Convention after signing and ratifying it; and also puts forward some feasible approaches for improvement thereof.
文摘This article addresses issues regarding the transmission of HIV;without the combination antiretroviral treatment (cART), HIV causes a fatal outcome of those infected in most cases. First, legal issues: For years, controversial discussions have dealt with the subject of the legal classification of HIV infection, such as “… criminalization of HIV exposure might limit access to and uptake of HIV prevention services…” Based on the rule of law of a constitutional state, we explain the legal principles that serve to protect the legal rights of its citizens. The state has to protect its citizens from harm by other people. The prosecution and conviction of a specific person for a proven HIV infection are legal. Therefore, general decriminalization of HIV infection would undermine the right of thereby harmed citizens to compensation. Second, HIV prevention strategies: Based on the Test and Treatment Strategy (TASP)1, controlled studies were undertaken to find out which framework conditions could improve their benefit. We outline concepts that can help to curb the still ongoing spread of HIV: By providing early HIV diagnosis and ongoing HIV care services as part of updated education and prevention campaigns. Also, concerted, comprehensive campaigns are required to demonstrate further impacts of HIV infection: Both on the quality of life of infected individuals due to the development of non-communicable diseases and the increasing burden to societies as a whole.
文摘This paper aims to reveal the mechanism of Collateralized Debt Obligations (CDOs) and how CDOs extend the current global financial crisis. We first introduce the concept of CDOs and give a brief account of the de-velopment of CDOs. We then explicate the mechanism of CDOs within a concrete example with mortgage deals and we outline the evolution of the current financial crisis. Based on our overview of pricing CDOs in various existing random models, we propose an idea of modeling the random phenomenon with the feature of heavy tail dependence for possible implements towards a new random modeling for CDOs.
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.
