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The Belt and Road Initiative and international law:Viewed from the Perspective of the Supply of international Public Goods

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Social Sciences in China 2021年第4期42卷 20-37页

作者： Shi Jingxia Shao Ya’nan law School Renmin University of China the School of Foreign Languages at Tianjin Chengjian University

The international community is facing the dilemma of an insufficient supply of public goods due to the conjunction of various forces and factors including the profound impact of the economic crisis,increased trade protectionism,changes in the global governance system and the impact of the Covid-19 *** Belt and Road Initiative(BRI)is a non-rivalrous and non-excludable public good provided to the international community by China as a responsible major country in the new era of historical *** law has an important role in promoting and guaranteeing the supply of international public goods(IPGs).Since the implementation of the Belt and Road Initiative,the international governance environment has changed dramatically,with the rule of law being the basic premise and important guarantee of the long-term and smooth implementation of the *** pursuing the BRI,buttressed as it is by the rule of law,China should pay attention to diversified governance based on a combination of international soft and hard law and make judicious use of existing bilateral,regional and multilateral international legal *** addition,China must also pay close attention to the latest developments in international economic and trade rules and must innovate and improve its ability to supply rules for investment,trade liberalization,*** by international law,the BRI should focus not only on recent concrete initiatives in trade and investment liberalization,but also on the long-term planning and sustainable development of institutional supply,so as to realize the vision and goals of the BRI.

关键词： BRI international public goods BRI buttressed by the rule of law international governance international law

international law on Liability and Compensation in the Offshore Oil ＆ Gas Industry

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Journal of Shipping and Ocean Engineering 2016年第3期6卷 185-190页

作者： Erik ter Brake Vice President Houlder Americas Houston TX 77042 USA

Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and can cover a vast geographical area. As such, it raises the question as to whether liability and compensation in oil ＆ gas related incidents should be covered under international law. Current international legislation addresses the issue mainly in terms of shipping. This paper attempts to shed light on the topic in relation to oil and gas exploration whilst investigating notable events in the UK and the USA. The findings show that domestic laws of these countries cover the matter sufficiently. However, the question of whether the regulation should fall under international regulation can unfortunately not be answered with confidence as it would require a test-case of a situation where an oil spill affects multiple littoral states.

关键词： international law offshore oil & gas liability Macondo.

SPECIAL ISSUE： RULE OF law--CHINA AND THE WORLD international law as the law of Domestic Governance： China＇s Propositions and Institutional Practice

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Social Sciences in China 2017年第3期38卷 157-174页

作者： Gu Zuxue School of law Zhejiang Gongshang University

Like domestic law, international law can be used in domestic governance, where it can become an important instrument assisting China＇s Party and government to rule the country and manage state affairs. Incorporating part of international law into domestic law and comprehensively advancing the rule of law in accord with the principle of national sovereignty demonstrate the openness and international vision of China＇s rule of law construction. Translating these propositions into concrete institutional practice will be of vital significance for improving the socialist rule of law with Chinese characteristics, advancing the international rule of law and promoting world peace.

关键词： international law governing the country under rule of law acceptance ofinternational law application of international treaties

Interpretation of the Concept of the Right to Internet Access from the Perspective of international law

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The Journal of Human Rights 2016年第2期15卷 140-153页

作者：柳华文严玉婷 the Research Centre for Human Rights CASS the international law Institution CASS Graduate School CASS

The advent of the internet era breeds a new concept, namely, the right to internet access. Many countries and international organizations, as well as individuals, are advocating or have already embodied it as a basic human right, thus enhancing the issues of whether it should be incorporated into the macro system of international human rights. By analyzing the facts, this article points out that the international concept of the right to internet access should be distinguished from its domestic concept, for there are no legal sources about the right to internet access for guidance as with some treaties in the current international law, despite its close relationship with some existing rights such as the freedom of speech, press and assembly, or the right of equality, or the right to development. And there is still a long time before the legal value and related responsibilities as well as the boundaries about the right to internet access becomes a consensus in the international society. Even though there is quite a possibility, this right hasn’t been embodied as part of international human rights, and thus hasn’t made a legal concept in international human right law.

关键词： Internet access The right to access internet The human rights international law

Building a Community with a Shared Future for Mankind: international law-based Principles and Approaches

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Contemporary Social Sciences 2018年第2期3卷 79-105页

作者： Li Zan Wu Lingwei Xu Qingtong Cui Min Institute of international law Chinese Academy of Social Sciences

Building a community with a shared future for mankind is an important guiding principle for China to address foreign affairs in this new era, and its profound connotations echo the spirit of international law. In the context of globalization, the ever-increasing common interests of the international community lay a material basis for building a community with a shared future for mankind. The doctrine of international community orientation, which is based on sovereignty and at the same time transcends sovereignty, forms an ideological basis for building a community with a shared future. Realizing international socialism and striking a balance between formalism and substantial justice is a moral prerequisite for building a community with a shared future. To reduce existing legal obstacles to international communications, the laws of all countries and regions exhibit a tendency towards legal assimilation, which is expected to be a domestic law approach to the building of a community with a shared future for mankind. The establishment of international legal systems and the development of international organizations have vigorously promoted and maintained world peace yet failed to bring about perpetual peace. international law should attach more importance to the facilitation of human inner peace so as to realize perpetual peace. This is a new international law-based approach to the building of a community with a shared future for mankind. China's peaceful rise, which is based on traditional Chinese culture and the basic principles of international law, is China's special contribution to this great cause.

关键词： building a community with a shared future international law justice and peace

A Reflection on the Human Rights Attitude and international law Approaches of Iran and Saudi Arabia

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Asian Journal of Middle Eastern and Islamic Studies 2022年第3期16卷 310-326页

作者： Moosa Akefi Ghaziani Mohammad Akefi Ghaziani Department of law Payame Noor UniversityIran Department of international law University of QomIran

Iran and Saudi Arabia are two of the most important countries in the Middle *** only do they enjoy the most abundant natural resources,but also have a geopolitical situation that makes their international attitude significant in terms of the East-West politicaleconomic *** features call for an in-depth comprehension of the international as well as human rights approaches of these ***,this article reviews the foundations of their legal systems,and their contributions to the development of international law and human *** concludes that despite few human rights drawbacks in Saudi,its overall contributions to the development of international organisations,peace and security in the region,and human rights law are far greater than those of *** what are the causes of this outcome?To answer this question,establishing a link between national law and international attitude is at *** article analyses the constitutional legal foundations that make such a study more interesting.

关键词： Human Rights international law Iran Saudi Arabia Islam Middle East

A Community of Shared Future for Mankind——The Contemporary Development of the Social Foundations Theory of international law

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Social Sciences in China 2019年第1期40卷 186-202页

作者： Zhang Hui Qiu Xiaoxing Institute of international law Wuhan University Beijing Union University

In the traditional understanding,the social basis of the emergence and existence of international law can be summed up as an international society in which interstate conflict and cooperation and interests and contradictions *** recent years,the term“international community”has been widely used in national practice and academic *** scholars believe that the development of interstate relations indicates that the international community is being transformed into a global international *** concept of“a community of shared future for mankind”reflects China’s new understanding of the social foundations of international *** introduces Chinese traditional culture into global governance,develops Marxist theory on the community,is concerned both for mankind as a whole and for individuals,highlights the ultimate issues of the international community,and emphasizes the international community’s union of diversity and *** idea of“a community of shared future for mankind”is of great significance for the theory and practice of international law;it reflects the emergence of methodological holism,the response of international law to the questioning of its legitimacy,and the trend toward hierarchical systematization in international *** concept of“a community of shared future for mankind”is of great value to China’s participation in the reform of the global governance *** will help promote appreciation of the relations between China and the world,enhance China’s international discourse power and discourse force,and promote the rule of law in international relations that China advocates.

关键词： international law social foundations international society international community a community of shared future for mankind

TOWARDS A GLOBAL UNDERSTANDING OF THE HUMANE TREATMENT OF CAPTURED ENEMY FIGHTERS

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Frontiers of law in China-Selected Publications from Chinese Universities 2017年第2期12卷 217-277页

作者： Suzannah Linton international law Department School of Law Zhejiang Gongshang University Hangzhou 310018 China

The prevailing narrative instructs us that humane treatment of captured enemy fighters is down to white knights from the western parts of the European continent with their codes of chivalry, or alternatively, the Swiss businessman Henri Dunant. This contribution challenges that narrative for overlooking, or being ignorant of, the way that societies around the world have approached the matter of the captured enemy fighter. Traces of some of the critical principles about humane treatment that we see in our present law can actually be found in much older societies from outside of Europe. A more accurate and representative way of understanding humanitarianism in the treatment of captured enemy fighters can and must be crafted, with the prevailing Euro-centric account balanced with practices, cultures and faiths from elsewhere. The quest to achieve more humane treatment in armed conflict is first and foremost a battle of the intellect. Narratives and conceptualisations that are more inclusive, recognising and appreciating of the ways of the rest of the world are likely to be more effective in communicating humanitarian ideals. This work adopts a new method of approaching the richness and diversity of the treatment of captured enemy fighters over time and space. This new framework of analysis uses six cross-cutting themes to facilitate a broader international and comparative perspective, and develop a more sophisticated level of understanding. The first theme is how older and indigenous societies approached the matter of captured enemy fighters. The second focuses on religions of the world, and what they teach or require. The third section examines the matter of martial practices and codes of ethics for combatants in certain societies. The fourth category engages with colonisation and decolonisation, and regulation （or non-regulation） of the treatment of captives of war. Fifth is the issue of modernisation and the impact it has had on armed forces and fighters, including

关键词： international law international Humanitarian law capture enemy fighters,captured enemy fighters prisoners of war humane treatment slavery ransom exchange,killing abuse ancient societies indigenous people Hammurabi's Code religion,Christianity Islam Hinduism Judaism Buddhism Sikhism martial codes ethical codes,cultural norms Japan India West Africa East Africa Crusades Western Europe USA,Henri Dunant colonisation decolonisation wars of national liberation Geneva Conventions1949 Additional Protocol Ⅰ Additional Protocol Ⅱ context evolution modemisation,codification global understanding new perspective

Moving Beyond the ＂Unequal Treaties＂

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Frontiers of History in China 2012年第3期7卷 344-375页

作者： Stacie Hanneman Department of History The University of Chicago Chicago IL 60637 USA

The bilateral treaties between the Qing, the United States and other European countries, suggested a new order for commerce and diplomacy in China, often referred to as the ＂treaty system.＂ This paper reevaluates the treaty system using a critical theory of capital influenced by the work of Moishe Postone. While most histories of Qing-British relations have understood capitalism as a motivating force for British commercial expansion into China, they have only attempted to instrumentally connect capitalist interests to the ways in which that expansion took place. This analysis, by contrast, approaches capitalism as a historically specific social formation with determining social forms. These forms--commodity, labor, and value produce specific structures of social organization with an immanent historical dynamic. By relating these forms and their dynamic to treaty relations and the creative destruction they enacted over time, this paper grounds Qing-British relations in capitalism, understood not at the level of profit-seeking, but at the level of its essential social forms, their forms of appearance and self-grounded and self-reflexive evolution.

关键词： international law treaties capitalism Great Britain Qing empire,Nanjing Postone Marx