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THE human RIGHT TO ACCESS CLEAN ENERGY1

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Journal of Green Building 2008年第2期3卷 140-148页

作者： Stephen Tully The London School of Economics and Political Science.

This paper proposes the existence of a human right to access clean energy in view of trends favoring greater resortto renewable energy sources within several parallel policy contexts. The existing international framework for theprotection and promotion of human rights may be applied to support an entitlement to access energy for individualbenefi t. However, the application of human rights norms to an appropriate energy source must also be compatiblewith the contemporary sustainable development agenda. This includes balancing economic development, sustainablyusing natural resources, environmental protection and poverty alleviation. A human rights approach must also besuffi ciently receptive to similarities and differences in the energy strategies of developed and developing States. It isargued that a human right to access clean energy more accurately refl ects intergovernmental concerns for both humandevelopment and environmental sustainability. While such a right can be employed to satisfy basic human needs, enhanceliving standards, maintain good human health and alleviate poverty, it can also contribute to the effi cient useof existing natural resources, the prevention of climate change and environmental protection.

关键词： energy access electricity clean energy sources human rights sustainability.

The Principle of Non-interference and its Application in Practices of Contemporary International Law

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Fudan Journal of the humanities and Social Sciences 2016年第3期9卷 449-464页

作者： Zhang Naigen Center for International Law Law School of Fudan University Shanghai China

The principle of non-interference is that sovereign states shall not inter- vene in each other＇s internal affairs. It is the general principle of contemporary international law that the non-interference in each other＇s internal affairs is based on the respect for states＇ sovereignty and territorial integration, which governs the relations between states in regard to their rights and obligations. It has been estab- lished as the general principle of international law or customary law in compliance with the purposes and principles of the UN Charter. Nevertheless, its application depends on the determination of the matter in question within the domestic juris- diction and of the applicable international laws accordingly. It was and is still controversial in practices of international law to make such determination. This article focuses on the analysis of the principle of non-interference and its relation with the determination of domestic affairs, the relation between the principle of non- interference and the R2P, as well as the recent institutional development of global protection for human rights such as the HRC related to domestic affairs.

关键词： Non-interference The UN Charter Practices of international laws R2P human rights HRC

UNCONSTITUTIONALITY OF RECIPROCITY REQUIREMENT FOR RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN JAPAN

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Frontiers of Law in China-Selected Publications from Chinese Universities 2018年第2期13卷 159-170页

作者： Yasuhiro OKUDA Doctor of Laws Chuo University Tokyo Japan Professor Faculty of Law Chuo University Tokyo Japan

This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the state, the service of process, and the compatibility with Japanese public policy. Although Japanese courts have rarely refused the recognition of foreign judgments for lack of reciprocity for a long time, some Chinese judgments recently have not been recognized for this reason. The author clarifies first with historical review what was the purpose of the Japanese legislator, when the original law of 1890 required the reciprocity by international treaties, and when later the reform law of 1926 required the simple reciprocity that is similarly provided in the current law. The author surveys then the Japanese case law concerning the reciprocity requirement after the reform of 1926. The author focuses further on the reciprocity between Japan and China and compares the Japanese practice with the German one that led to a different result. Last, it is concluded that the reciprocity requirement is contrary to the protection of human rights under Japanese constitution.

关键词： foreign judgment reciprocity Japan China Germany human rights

Nationalism inside out:an ethical review

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Economic and Political Studies 2016年第2期4卷 122-136页

作者： Xuecun Liang School of Social Sciences and Public Policy King’s College LondonLondonUK

The roles that nationalism has played in modern history are highly *** the growing literature on the subject has offered refined empirical analyses,it leaves major ethical inquiries out of the *** paper fills the void by examining the prevalence of nationalism through the lens of a fundamental philosophical divide between communal particularity and human universality.I first discuss the tension between moral/cultural relativism and liberal internationalism to understand the crux of the‘nationalism problem’;and then I move to consider the bright and dark sides of nationalism with reference to its historical manifestations so as to explore its potentials as a constructive force in future political life.I argue that nationalism is a response to the ambiguous normative underpinnings of the world *** seeks to come to terms with the fragmentation of politics caused by the diversification of social *** a living concept,nationalism continues to evolve with new trends of modern *** research looks beyond the scope of national politics to examine the‘nationalism problem’.To reify nationalism as a fixed set of extremist doctrines and practices risks undermining the international society’s capabilities to engage nationalistic events wisely and creatively.

关键词： Globalisation human rights international order nationalism particularity

On Affectionate Respect in Gender Justice： An Inquiry into the Cultural Abuse of Sex

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Frontiers of Philosophy in China 2017年第3期12卷 483-504页

作者： SHAN Jiangdong Kothener Strasse 30 C/O Shan Jiangdong 10963 Berlin Germany

Phallogocentrism as cultural abuse of sex is a difficult issue that has been addressed by many modem Western feminist philosophers. By comparing their insights with those deriving from Chinese Confucianism and Daoism, I propose the concept of ＂affectionate respect＂ as an intellectual counterbalance to phallogocentrism. In this essay, I have discussed certain arbitrary fallacies based on masculine predominance and spotlighted the merits of being female in balancing emotion and reason, justice and fairness, and institutionally-biased powers and the human rights of innate dignity. To achieve gender justice and equality before God and under Heaven must be logically and morally extended to law and politics.

关键词： affectionate respect gender justice human rights Phallogocentrism,viginaemptyism

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论公物在中国人权保障中的作用

论具有人权史里程碑意义的英国《自由大宪章》

宪法学、行政法学 2003年第5期 38-44页

作者：肖泽晟

公物是大陆法系国家行政法上的一个重要概念，其范围正在逐步变化与扩张之中。公有的公物与私有的公物都是保障公民人权的重要物质基础。离开了它，不仅公民的平等权难以实现，公民的其他基本权利和自由的实现也将面临困难。这对于弱势... 详细信息

公物是大陆法系国家行政法上的一个重要概念，其范围正在逐步变化与扩张之中。公有的公物与私有的公物都是保障公民人权的重要物质基础。离开了它，不仅公民的平等权难以实现，公民的其他基本权利和自由的实现也将面临困难。这对于弱势人群来说尤其如此。我国目前在公物领域的立法采取的是分散立法模式，且有关公物的一般规则并没有在现有立法中得到体现，以致在设置、管理与利用公物中出现了一系列的问题。这些问题严重削弱了公物在人权保障方面的作用，因此尽快制定《公物管理基本法》就显得非常必要。

关键词：公物人权公民权利利用人 public property human rights citizen rights user

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Remembrance and Exile in Argentina＇s Jewish Diaspora： The Poetry of Adriana Stein

宪法学、行政法学 2009年第8期 79-83页

作者：孙平华

人权的概念来自于西方，英国《自由大宪章》在人权史上具有里程碑的意义。我国学者对《自由大宪章》的研究给予了积极的关注，并取得了许多研究成果。《自由大宪章》是13世纪初王权、贵族权和教权三权激烈冲突的产物，有着极其丰富的内... 详细信息

人权的概念来自于西方，英国《自由大宪章》在人权史上具有里程碑的意义。我国学者对《自由大宪章》的研究给予了积极的关注，并取得了许多研究成果。《自由大宪章》是13世纪初王权、贵族权和教权三权激烈冲突的产物，有着极其丰富的内容体系，它所规定的自由和人权的观念在当今世界已经成为全人类的通用话语和普适价值观。

关键词：人权史自由大宪章里程碑自由人权 human rights history Magua Carta milestone freedom human rights

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Journal of Literature and Art Studies 2018年第8期8卷 1131-1139页

作者： Joan F. Marx Muhlenberg College Allentown Pennsylvania USA

In Ultimospoemas a Buenos Aires, Adriana Stein, like many contemporary Jewish Latin American writers,explores the nature of remembrance and exile within the context of social justice not only in the Americas, but also within the broader context of world politics. Her collection of poetry, published as an e-book in 2015, traces the legacy of the Jewish diaspora in Argentina through her own experiences and those of friends and family as she summons memories of the disappeared during the Dirty Wax from 1974 to 1983. Some of the poems contained this collection were first published under the name of Adrimm Stein Fourmma on the Proyecto desaparecidos for Argentina, the website dedicated to the memory of the victims of the military regime and to exposing their repressors. Themes of the marginalized or fragmented self as well as both internal and external exile common in works by diasporic communities throughout Jewish history also find expression in Stein＇s collection, along with the oft repeated history of Shoah. Indeed, through her poetry, Adriana Stein contributes to the wider discourse of the politics of identity that serves as literary testimony of the perpetual struggle for humma rights that focuses on diasporic societies in Latin America and elsewhere

关键词： Jewish DirtyWar Argentina human rights

Environmental and Climate Justice in Palestine

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American Journal of Climate Change 2024年第2期13卷 251-280页

作者： Jad Isaac Jane Hilal Applied Research Institute-Jerusalem (ARIJ) Society Bethlehem Palestine Water and Enviromenat Department Applied Research Institute-Jerusalem Society (ARIJ) Society Bethlehem Palestine

To have a clean, safe, and functional environment is not only essential for the purpose of preservation, but also imperative for safeguarding the most fundamental of human rights. Resolution 45/94 of the United Nations (UN) General Assembly also stresses and acknowledges that: “all individuals are entitled to live in an environment adequate for their health and wellbeing” (United Nations Digital Library System, 1991). Environmental and climate justice, which: “emerged in the context of the local environmental struggles of directly oppressed groups”, is a global movement dedicated to ensuring equal protection of people’s human rights (i.e., water, health, life, etc.) in the face of the climate crisis. Moreover, health, environment and human rights are part of the 2030 agenda (in particular, SDG 1, SDG 5, SDG 6, SDG 7, SDG 13, SDG 16, SDG 17). Individually, both environmental and climate justice are rooted in an intersectional outlook, by which they highlight the common threads between communities and the people’s inclusion, irrespective of race, class, or gender, in the pursuit of justice. On the other hand, they recognise and acknowledge the role and consequences of climate change in economic, social, and political dimensions;thus, drawing emphasis on the rights of people under the emerging inequities. In the case of Palestine, the Palestinian community is increasingly becoming vulnerable to these effects and the resulting inequalities of climate change. This vulnerability stems from: 1) The right to life;clean WASH;equitable work opportunities;access to resources;and free movement;are all examples of human rights that the Israeli colonial regime infringes upon;2) Infrastructure is essential for climate adaptation: 61% of the West Bank is ultimately barred from building infrastructure (B’Tselem, 2019) and Gaza Strip has major gaps in infrastructure due to intentional destruction by Israel;3) Palestinian deprivation of the sovereign right to natural resources by Isra

关键词： Environmental Degradation Climate Change Environmental and Climate Justice human rights Causes and Solution