On 19 June 2023,the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction(BBNJ Agreement)was a...On 19 June 2023,the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction(BBNJ Agreement)was adopted.The BBNJ Agreement aims to regulate the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction,including the high seas and the international seabed area.The BBNJ Agreement enters into an already crowded institutional landscape as a global authority with broad objectives,inevitably interacting with existing institutions,frameworks,and bodies(IFBs).Existing research has primarily focused on two areas:the first examines the impact of the institutions established by the BBNJ Agreement on existing marine governance IFBs;the second explores its influence on issues currently lacking institutional arrangements.However,comparatively little attention has been given to the Agreement’s potential impact on governance gaps within established systems.This paper takes the case of marine genetic resource(MGRs)management in the Antarctic Treaty Area to explore how the BBNJ Agreement may address regulatory gaps in a competent governance framework.Due to shortcomings in addressing core issues,concerning the legal status of MGRs access regulations,benefit-sharing mechanisms,and disclosure of origin,the Agreement is unlikely to have a significant impact on the governance of MGRs in the Antarctic Treaty System(ATS)in the short term.On the other hand,the ATS,as an effective governance framework for the Antarctic Treaty Area,has mature regulations and practical experience in Antarctic governance.Over the years,the ATS has focused on regulating bioprospecting activities as scientific research ones and strict environmental impact assessment procedures.However,there has not been an effective consensus on the regulation of commercial biological prospecting.This paper further explores the coordination issue between the BBNJ Agreement and the ATS,suggesting that in the future,MGRs governance in the Antarctic Treaty Area may evolve into a polycentric governance system.展开更多
We introduce novel methods to determine optimum detection thresholds for the Progressive Multi-Channel Correlation (PMCC) algorithm used by the International Data Centre (IDC) to perform infrasound and seismic station...We introduce novel methods to determine optimum detection thresholds for the Progressive Multi-Channel Correlation (PMCC) algorithm used by the International Data Centre (IDC) to perform infrasound and seismic station-level nuclear-event detection. Receiver Operating Characteristic (ROC) curve analysis is used with real ground truth data to determine the trade-off between the probability of detection (PD) and the false alarm rate (FAR) at various detection thresholds. Further, statistical detection theory via maximum a posteriori and Bayes cost approaches is used to determine station-level optimum “family” size thresholds before detections should be considered for network-level processing. These threshold-determining methods are extensible for family-characterizing statistics other than “size,” such as a family’s collective F-statistic or signal-to-noise ratio (SNR). Therefore, the reliability of analysts’ decisions as to whether families should be preserved for network-level processing can only benefit from access to multiple, independent, optimum decision thresholds based upon size, F-statistic, SNR, etc.展开更多
Maritime treaty English has peculiarity in linguistic characteristics. As a sub-register of legal language, maritime treaty English is considered to be very difficult to comprehend. This paper attempts to analyze its ...Maritime treaty English has peculiarity in linguistic characteristics. As a sub-register of legal language, maritime treaty English is considered to be very difficult to comprehend. This paper attempts to analyze its stylistic characteristics at the lexicalsyntactic level based on four international maritime treaties including STCW, SOLAS, MARPOL and ISM Code. It is concluded that understanding of these characteristics is both necessary and helpful in learning and teaching maritime treaty English.展开更多
Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 19...Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.展开更多
The 1951 San Francisco Peace Treaty was the one and only international opportunity that would have allowed demanding for Japan’s responsibility of the colonization of Korea.However,the United States did not demand of...The 1951 San Francisco Peace Treaty was the one and only international opportunity that would have allowed demanding for Japan’s responsibility of the colonization of Korea.However,the United States did not demand of such to be done.Soon,Korea and Japan resumed their diplomatic relationship and had their first summit in 1952.After numerous negotiations,finally in 1965,the“Korea-Japan Treaty”was agreed upon.Even in this treaty,the interpretation of the colonization was different for both countries and ultimately resulted as an unresolved issue.This is because of the Japanese dependence to the San Francisco Peace Treaty.On the other hand,the League of Nations,founded in 1920,believed that the systematization of international law was vital to keeping international peace.Therefore,they put much effort in and successfully carried out the codification of international law.The“Report on the law of Treaties”which was completed in 1935,noted that the“1905 Protectorate Treaty”,which was the ultimate treaty that led to Korea being annexed by the Japanese,was one of the three treaties that had no effective standing.This decision was carried out to the International Law Commission of the United Nations in 1963 and became a Resolution after being submitted to the General Assembly in the end of the same year.Using the decisions of the League of Nations and the United Nations as evidence,this paper critically reviews the San Francisco Peace Treaty’s lack of reviewing the Japanese responsibility of the colonization of Korea.展开更多
The Wadi ＇Araba peace treaty which Jordan＇s King Hussein signed with Israel on October 26, 1994 became a target of criticism ever since it became known to the Jordanian public. Intense pressure was exerted on the Jo...The Wadi ＇Araba peace treaty which Jordan＇s King Hussein signed with Israel on October 26, 1994 became a target of criticism ever since it became known to the Jordanian public. Intense pressure was exerted on the Jordanian government to revoke the treaty even before its signature. The opposition to it reached its peak in the following year, when the tension in the holy sites in Jerusalem mounted. Given the persistence of the Arab-Israeli conflict and the fact that the Palestinian issue remained unresolved, it was clear that the King was aware of the potential danger of signing a peace accord with Israel, and that he was prepared to face criticism not only from the Arab states but also from nationalists, Islamists and Leftists all of whom disapproved of his decision. Yet the King remained undeterred and boldly carried on the discussions that culminated in the peace treaty＇s signature. Bearing in mind the fact the Egypt was the first country to sign a peace treaty with Israel it seemed as if there was little risk involved in the normalization process, and that the opposition to the treaty would soon subside. As it turned out, however, the pressure to abrogate it continues to mount.展开更多
The concluding observations are comments and recommendations made by the treaty bodies to the country after reviewing the reports of specific State Parties with a view to monitoring the State Parties’compliance.altho...The concluding observations are comments and recommendations made by the treaty bodies to the country after reviewing the reports of specific State Parties with a view to monitoring the State Parties’compliance.although these opinions are not legally binding,they do have a certain authority.When deciding whether to endorse this authority and accept the recommendations,the State party will focus on the legality of the concluding observations.The legality of the concluding observations is influenced by three factors,the first one is the formal relevance between the recommendations and the relevant treaty provisions;the second one is the substantive relevance between them;the third is the extent to which the treaty interpretation rules are followed.For the concluding observations of treaty bodies against china,we should treat them separately.The feasible recommendations that are most closely related to treaty obligations should be adopted as far as possible.appropriate consideration should be given to general policy recommendations,and recommendations that are completely unrelated to treaty obligations can be ignored.展开更多
The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe.With the changes of the times,the content and way of international communication regarding the rule...The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe.With the changes of the times,the content and way of international communication regarding the rule of law are changing constantly.In the era of globalization,countries have strengthened rational communication and dialogue mainly by concluding international treaties to convey the concept of the rule of law.For the international communication of the rule of law,it is necessary to take into account three elements:Subject,content,and audience.Targeted strategies are adopted to present the characteristics of diversified subjects,rich content,and stratified audience.The agenda-setting,spiral of silence,and cultivation theories provide positive guidance for international communication.The audience survey and content analysis methods can achieve good effects in spreading the rule of law.It is necessary to integrate multiple subjects,create rich content,carry out targeted strategies to different audience,underscore the evaluation of effects,and train talents to strengthen the international communication of the rule of law.展开更多
The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based...The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.展开更多
An in-depth analysis of the human rights attributes of the Marrakesh Treaty helps clarify theoretical issues such as whether there is a conflict between copyrights and human rights, and solve the problems of system de...An in-depth analysis of the human rights attributes of the Marrakesh Treaty helps clarify theoretical issues such as whether there is a conflict between copyrights and human rights, and solve the problems of system design and law enforcement in terms of authorized entities and accessible formats. This paper discusses the human rights perspective contained in the Marrakesh Treaty from the background,positioning, and content of the treaty, and puts forward suggestions on policies and laws for the implementation of the Marrakesh Treaty based on the implementation of the treaty in the Chinese legal system.展开更多
The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print di...The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.展开更多
The UN Human Rights Treaty Bodies have repeatedly raised concerns about the Chinese government’s fulfillment of its obligations to safeguard the right to work of ethnic minorities, including the insufficiency of mate...The UN Human Rights Treaty Bodies have repeatedly raised concerns about the Chinese government’s fulfillment of its obligations to safeguard the right to work of ethnic minorities, including the insufficiency of materials, the asymmetry of employment conditions between migrating Han and other ethnic groups, as well as so-called pervasive discrimination against non-Han ethnic workers. The UN Human Rights Treaty Bodies raised these concerns based on various facts and the rationality of their suggestions differ. China has replied accordingly. China should continue to reply based on the facts, and it should accept those suggestions that are reasonable and on facts.When addressing suggestions that are not based on facts, we should identify the nature of the problems and eliminate misunderstanding by clarifying the facts and encouraging friendly dialogue.展开更多
The leaders of the Meiji Restoration believed in their master, Yoshida Shoin （吉田松陰）, who claimed that in order for the islands of Japan not to be a colony of the powerful Western states, Japan had to conquer nea...The leaders of the Meiji Restoration believed in their master, Yoshida Shoin （吉田松陰）, who claimed that in order for the islands of Japan not to be a colony of the powerful Western states, Japan had to conquer nearby countries. This led to Japan’s invasion of the Ryukyu Islands, Taiwan, Korea, and Manchuria, which ultimately led to the Manchurian Incident of 1931, the Sino-Japanese War, and the Pacific War. Surprisingly, the subject and the timing of each and every one of these acts of war were in the same order of Yoshida Shoin’s proposal on preoccupancy. The Sino-Japanese war of 1894 was romanticized as clearing the barbaric culture by civilization, and the Russo-Japanese war of 1904 was romanticized as the realization of Eastern Peace. However, Japanese policies of aggressions were first deemed illegal by international law during the 1931 Manchurian Incident by the investigations of the League of Nations. The Japanese Empire received the recommendation by the League of Nations to restore to original state, but declined and exited from the League of Nations. Following their exit, they started the Sino-Japanese War and the Pacific War and eventually lost in 1945. The goal of the San Francisco Peace Treaty of 1951 was to punish Japan’s aggressions. However, as the Cold War between the East and the West started to arise in 1948, the punishment was eased, and their punishment for the aggressions on the Ryukyu Islands, Taiwan, and Korea was nearly unasked for. This paper examines the issues of the San Francisco Peace Treaty in the views of the international law of the League of Nations, established by Manley O. Hudson of Harvard University and others in U.S. academia and judiciary.展开更多
4.An Introduction to Clash Between Tax Policy and Investment Treaty Protection-Abuse of a State’s Fiscal Powers The standards of investment treaty protection need to be carefully examined vis-à-vis tax policy go...4.An Introduction to Clash Between Tax Policy and Investment Treaty Protection-Abuse of a State’s Fiscal Powers The standards of investment treaty protection need to be carefully examined vis-à-vis tax policy goals.Otherwise tax measures emanating from such goals can clash with those standards.The late Professor Thomas Wälde called such clashes the red flags arising from the conduct of host states in taxation matters viewed against investment protection mechanisms.展开更多
Recently,Chinese President Xi Jinping called for reducing investmentrisks within jurisdictions of the Belt and Road Initiative(BRl).In this article,of whichthe second part will be published in a forthcoming issue of t...Recently,Chinese President Xi Jinping called for reducing investmentrisks within jurisdictions of the Belt and Road Initiative(BRl).In this article,of whichthe second part will be published in a forthcoming issue of the Belt and Road InitiativeTax Journal,we aspire to respond to that call by focusing on one of the overarchingand yet vastly under-explored areas of high relevance for reducing risks of investments:the interplay between tax policy and investment treaty protection.Our claimis that a wise tax policy factors in the impact of investment protection standardsunder international investment agreements(IIAs)on tax measures.To this end,it isadvisable that ministries responsible for tax policy cooperate with those in chargefor developing investments whenever tax measures concern inbound or outboundinvestments.In parallel,"tax administrations could develop technical expertise withrespect to IIA disciplines through closer interaction with government departments incharge of the negotiation oflAs and the defence of investor-state dispute settlement(ISDS)cases and vice versa."展开更多
The topics concerning intellectual property and the protection of traditional resources have been under international discussion coordinated by the World Intellectual Property Organization(WIPO)for more than 20 years....The topics concerning intellectual property and the protection of traditional resources have been under international discussion coordinated by the World Intellectual Property Organization(WIPO)for more than 20 years.The WIPO Treaty on Intellectual Property,Genetic Resources and Associated Traditional Knowledge was achieved based on the consensus of the origin-disclosure principle and defensive protection preventing the erroneous grant of patents,which leaves a gap with the"prior informed consent+sharing of benefit"mechanism championed by the Convention on Biological Diversity.For the traditional cultural expressions or folklore available in public,the copyright-like protection is controversial due to the obvious divergence between the view of exclusive rights protection and that of free public domain.From the trend of negotiations on reaching an international instrument,a shift from the expectation of"license&royalty"to"attribution&moral rights"as a bottom line might be more realistic for the protection of such folklore already in the public domain,and it is desirable to fully utilize the existing intellectual property system to safeguard the transmission and utilization of folklore by local communities.Adjustments to domestic law should follow the same rationale.展开更多
基金funded by China Arctic and Antarctic Administration(Contract no.JDB2024060701014).
文摘On 19 June 2023,the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction(BBNJ Agreement)was adopted.The BBNJ Agreement aims to regulate the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction,including the high seas and the international seabed area.The BBNJ Agreement enters into an already crowded institutional landscape as a global authority with broad objectives,inevitably interacting with existing institutions,frameworks,and bodies(IFBs).Existing research has primarily focused on two areas:the first examines the impact of the institutions established by the BBNJ Agreement on existing marine governance IFBs;the second explores its influence on issues currently lacking institutional arrangements.However,comparatively little attention has been given to the Agreement’s potential impact on governance gaps within established systems.This paper takes the case of marine genetic resource(MGRs)management in the Antarctic Treaty Area to explore how the BBNJ Agreement may address regulatory gaps in a competent governance framework.Due to shortcomings in addressing core issues,concerning the legal status of MGRs access regulations,benefit-sharing mechanisms,and disclosure of origin,the Agreement is unlikely to have a significant impact on the governance of MGRs in the Antarctic Treaty System(ATS)in the short term.On the other hand,the ATS,as an effective governance framework for the Antarctic Treaty Area,has mature regulations and practical experience in Antarctic governance.Over the years,the ATS has focused on regulating bioprospecting activities as scientific research ones and strict environmental impact assessment procedures.However,there has not been an effective consensus on the regulation of commercial biological prospecting.This paper further explores the coordination issue between the BBNJ Agreement and the ATS,suggesting that in the future,MGRs governance in the Antarctic Treaty Area may evolve into a polycentric governance system.
文摘We introduce novel methods to determine optimum detection thresholds for the Progressive Multi-Channel Correlation (PMCC) algorithm used by the International Data Centre (IDC) to perform infrasound and seismic station-level nuclear-event detection. Receiver Operating Characteristic (ROC) curve analysis is used with real ground truth data to determine the trade-off between the probability of detection (PD) and the false alarm rate (FAR) at various detection thresholds. Further, statistical detection theory via maximum a posteriori and Bayes cost approaches is used to determine station-level optimum “family” size thresholds before detections should be considered for network-level processing. These threshold-determining methods are extensible for family-characterizing statistics other than “size,” such as a family’s collective F-statistic or signal-to-noise ratio (SNR). Therefore, the reliability of analysts’ decisions as to whether families should be preserved for network-level processing can only benefit from access to multiple, independent, optimum decision thresholds based upon size, F-statistic, SNR, etc.
文摘Maritime treaty English has peculiarity in linguistic characteristics. As a sub-register of legal language, maritime treaty English is considered to be very difficult to comprehend. This paper attempts to analyze its stylistic characteristics at the lexicalsyntactic level based on four international maritime treaties including STCW, SOLAS, MARPOL and ISM Code. It is concluded that understanding of these characteristics is both necessary and helpful in learning and teaching maritime treaty English.
文摘Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.
文摘The 1951 San Francisco Peace Treaty was the one and only international opportunity that would have allowed demanding for Japan’s responsibility of the colonization of Korea.However,the United States did not demand of such to be done.Soon,Korea and Japan resumed their diplomatic relationship and had their first summit in 1952.After numerous negotiations,finally in 1965,the“Korea-Japan Treaty”was agreed upon.Even in this treaty,the interpretation of the colonization was different for both countries and ultimately resulted as an unresolved issue.This is because of the Japanese dependence to the San Francisco Peace Treaty.On the other hand,the League of Nations,founded in 1920,believed that the systematization of international law was vital to keeping international peace.Therefore,they put much effort in and successfully carried out the codification of international law.The“Report on the law of Treaties”which was completed in 1935,noted that the“1905 Protectorate Treaty”,which was the ultimate treaty that led to Korea being annexed by the Japanese,was one of the three treaties that had no effective standing.This decision was carried out to the International Law Commission of the United Nations in 1963 and became a Resolution after being submitted to the General Assembly in the end of the same year.Using the decisions of the League of Nations and the United Nations as evidence,this paper critically reviews the San Francisco Peace Treaty’s lack of reviewing the Japanese responsibility of the colonization of Korea.
文摘The Wadi ＇Araba peace treaty which Jordan＇s King Hussein signed with Israel on October 26, 1994 became a target of criticism ever since it became known to the Jordanian public. Intense pressure was exerted on the Jordanian government to revoke the treaty even before its signature. The opposition to it reached its peak in the following year, when the tension in the holy sites in Jerusalem mounted. Given the persistence of the Arab-Israeli conflict and the fact that the Palestinian issue remained unresolved, it was clear that the King was aware of the potential danger of signing a peace accord with Israel, and that he was prepared to face criticism not only from the Arab states but also from nationalists, Islamists and Leftists all of whom disapproved of his decision. Yet the King remained undeterred and boldly carried on the discussions that culminated in the peace treaty＇s signature. Bearing in mind the fact the Egypt was the first country to sign a peace treaty with Israel it seemed as if there was little risk involved in the normalization process, and that the opposition to the treaty would soon subside. As it turned out, however, the pressure to abrogate it continues to mount.
文摘The concluding observations are comments and recommendations made by the treaty bodies to the country after reviewing the reports of specific State Parties with a view to monitoring the State Parties’compliance.although these opinions are not legally binding,they do have a certain authority.When deciding whether to endorse this authority and accept the recommendations,the State party will focus on the legality of the concluding observations.The legality of the concluding observations is influenced by three factors,the first one is the formal relevance between the recommendations and the relevant treaty provisions;the second one is the substantive relevance between them;the third is the extent to which the treaty interpretation rules are followed.For the concluding observations of treaty bodies against china,we should treat them separately.The feasible recommendations that are most closely related to treaty obligations should be adopted as far as possible.appropriate consideration should be given to general policy recommendations,and recommendations that are completely unrelated to treaty obligations can be ignored.
文摘The Marrakesh Treaty is an excellent subject for China to disseminate its concept of the rule of law around the globe.With the changes of the times,the content and way of international communication regarding the rule of law are changing constantly.In the era of globalization,countries have strengthened rational communication and dialogue mainly by concluding international treaties to convey the concept of the rule of law.For the international communication of the rule of law,it is necessary to take into account three elements:Subject,content,and audience.Targeted strategies are adopted to present the characteristics of diversified subjects,rich content,and stratified audience.The agenda-setting,spiral of silence,and cultivation theories provide positive guidance for international communication.The audience survey and content analysis methods can achieve good effects in spreading the rule of law.It is necessary to integrate multiple subjects,create rich content,carry out targeted strategies to different audience,underscore the evaluation of effects,and train talents to strengthen the international communication of the rule of law.
文摘The Marrakesh Treaty is,in essence,a human rights treaty.The interpretation and implementation of the treaty cannot be separate from the view on the persons with disabilities from the perspective of human rights.Based on this view,the interpretation of the treaty should reflect its value of promoting equality,instead of granting privileges to the persons with disabilities.During its implementation,it should be forbidden to aggravate the social alienation of the persons with disabilities by making excessive stipulations.Taking the implementation of the treaty as an opportunity,promoting the transformation of the view on the persons with disabilities from the individual model to the human rights model and facilitating the concept of“building the intangible accessible environment”can maximize the significance of the treaty.
文摘An in-depth analysis of the human rights attributes of the Marrakesh Treaty helps clarify theoretical issues such as whether there is a conflict between copyrights and human rights, and solve the problems of system design and law enforcement in terms of authorized entities and accessible formats. This paper discusses the human rights perspective contained in the Marrakesh Treaty from the background,positioning, and content of the treaty, and puts forward suggestions on policies and laws for the implementation of the Marrakesh Treaty based on the implementation of the treaty in the Chinese legal system.
基金a periodic research result of the Case Study of Copyright Protection in Media Convergence in the Digital Era(Grant No.20XN0001)of the scientific research fund program of the Renmin University of China。
文摘The Marrakesh Treaty is an international treaty specifically concluded by the World Intellectual Property organization(WIPo)to address the“book famine”for people who are blind,visually impaired,or otherwise print disabled.It uses the tools of copyright law and policy for the purpose of human rights.Prior to the conclusion of the Marrakesh Treaty,the international intellectual property treaties were all focused on intellectual property protection and the higher level of protection.The Marrakesh Treaty is the first international intellectual property treaty to highlight the limitation and exceptions of rights and explicitly use human rights discourse.There were some theoretical disputes during the negotiation of the Marrakesh Treaty,mainly because the international community failed to reach a consensus on such basic theoretical issues as the relationship between copyright and human rights and the legal nature of the Marrakesh Treaty.When implementing the Marrakesh Treaty in domestic law,China should face theoretical disputes,coordinate the protection of copyright and the promotion of human rights on the basis of its national conditions,and make corresponding institutional arrangements.
文摘The UN Human Rights Treaty Bodies have repeatedly raised concerns about the Chinese government’s fulfillment of its obligations to safeguard the right to work of ethnic minorities, including the insufficiency of materials, the asymmetry of employment conditions between migrating Han and other ethnic groups, as well as so-called pervasive discrimination against non-Han ethnic workers. The UN Human Rights Treaty Bodies raised these concerns based on various facts and the rationality of their suggestions differ. China has replied accordingly. China should continue to reply based on the facts, and it should accept those suggestions that are reasonable and on facts.When addressing suggestions that are not based on facts, we should identify the nature of the problems and eliminate misunderstanding by clarifying the facts and encouraging friendly dialogue.
文摘The leaders of the Meiji Restoration believed in their master, Yoshida Shoin （吉田松陰）, who claimed that in order for the islands of Japan not to be a colony of the powerful Western states, Japan had to conquer nearby countries. This led to Japan’s invasion of the Ryukyu Islands, Taiwan, Korea, and Manchuria, which ultimately led to the Manchurian Incident of 1931, the Sino-Japanese War, and the Pacific War. Surprisingly, the subject and the timing of each and every one of these acts of war were in the same order of Yoshida Shoin’s proposal on preoccupancy. The Sino-Japanese war of 1894 was romanticized as clearing the barbaric culture by civilization, and the Russo-Japanese war of 1904 was romanticized as the realization of Eastern Peace. However, Japanese policies of aggressions were first deemed illegal by international law during the 1931 Manchurian Incident by the investigations of the League of Nations. The Japanese Empire received the recommendation by the League of Nations to restore to original state, but declined and exited from the League of Nations. Following their exit, they started the Sino-Japanese War and the Pacific War and eventually lost in 1945. The goal of the San Francisco Peace Treaty of 1951 was to punish Japan’s aggressions. However, as the Cold War between the East and the West started to arise in 1948, the punishment was eased, and their punishment for the aggressions on the Ryukyu Islands, Taiwan, and Korea was nearly unasked for. This paper examines the issues of the San Francisco Peace Treaty in the views of the international law of the League of Nations, established by Manley O. Hudson of Harvard University and others in U.S. academia and judiciary.
文摘4.An Introduction to Clash Between Tax Policy and Investment Treaty Protection-Abuse of a State’s Fiscal Powers The standards of investment treaty protection need to be carefully examined vis-à-vis tax policy goals.Otherwise tax measures emanating from such goals can clash with those standards.The late Professor Thomas Wälde called such clashes the red flags arising from the conduct of host states in taxation matters viewed against investment protection mechanisms.
文摘Recently,Chinese President Xi Jinping called for reducing investmentrisks within jurisdictions of the Belt and Road Initiative(BRl).In this article,of whichthe second part will be published in a forthcoming issue of the Belt and Road InitiativeTax Journal,we aspire to respond to that call by focusing on one of the overarchingand yet vastly under-explored areas of high relevance for reducing risks of investments:the interplay between tax policy and investment treaty protection.Our claimis that a wise tax policy factors in the impact of investment protection standardsunder international investment agreements(IIAs)on tax measures.To this end,it isadvisable that ministries responsible for tax policy cooperate with those in chargefor developing investments whenever tax measures concern inbound or outboundinvestments.In parallel,"tax administrations could develop technical expertise withrespect to IIA disciplines through closer interaction with government departments incharge of the negotiation oflAs and the defence of investor-state dispute settlement(ISDS)cases and vice versa."
文摘The topics concerning intellectual property and the protection of traditional resources have been under international discussion coordinated by the World Intellectual Property Organization(WIPO)for more than 20 years.The WIPO Treaty on Intellectual Property,Genetic Resources and Associated Traditional Knowledge was achieved based on the consensus of the origin-disclosure principle and defensive protection preventing the erroneous grant of patents,which leaves a gap with the"prior informed consent+sharing of benefit"mechanism championed by the Convention on Biological Diversity.For the traditional cultural expressions or folklore available in public,the copyright-like protection is controversial due to the obvious divergence between the view of exclusive rights protection and that of free public domain.From the trend of negotiations on reaching an international instrument,a shift from the expectation of"license&royalty"to"attribution&moral rights"as a bottom line might be more realistic for the protection of such folklore already in the public domain,and it is desirable to fully utilize the existing intellectual property system to safeguard the transmission and utilization of folklore by local communities.Adjustments to domestic law should follow the same rationale.
