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Remedies for loss and damage caused by climate change from the dimension of climate justice

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Chinese Journal of Population,Resources and Environment 2016年第4期16卷 253-261页

作者： Mingde Cao Qi Wang Yu Cheng Civil Commercial and Economic Law SchoolChina University of Political Science and Law

Adverse consequences to the ecological system and human health caused by impacts potentially attributable to climate change have already drawn great and widespread concern of many scientists and international ***,we still have a hard time determining exactly the impact of climate change on the environment or the damage that climate change inflicts on countries comprising small islands or low-lying lands in light of today's science and *** progress for dealing with the issue of loss and damage has been struggling for a long time from the beginning to the *** this paper,the author begins by summarizing talks on the concept and the positions of *** author is proposing that the development of future climate negotiations and rule-making process be based on global climate justice as a standard for measuring ***,the author proposes that a holistic view of climate justice be ***,three aspects of climate justice can be ***,the dimension of human rights protection shows that protection of fundamental human rights is a logical precondition if small-island and low-lying countries are able to achieve climate ***,the definite and traditional concepts of distributive justice and corrective justice hold the view that the principle of common but differentiated responsibilities should be upheld as a basic standard of allocating rights and duties associated with climate ***,climate justice requires that any state follow the "no-harm principle," which is regarded as an international customary *** to the principle,the obligation of states to prevent the use of their territory for causing trans-boundary harm to the environment shall be a violation of state responsibility,which incurs international *** we put forward three remedial approaches in light of climate justice,including the approach of State Responsibility(SR) based on the principles and rules of interna

关键词： Loss and damage climate justice principle of CBDR state responsibility international environmental regulation

The Promise and Limits of lawfulness:Inequality,law,and the Techlash

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Journal of Social Computing 2021年第3期2卷 284-296页

作者： SaloméViljoen Columbia law school New York CityNY 10019USA

In response to widespread skepticism about the recent rise of“tech ethics”,many critics have called for legal reform *** contrast with the“ethics response”,critics consider the“lawfulness response”more capable of disciplining the excesses of the technology *** fact,both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information *** ethics and law offer a terrain of contestation,rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological *** advancing this argument,the essay focuses on two misunderstandings common among proponents of the lawfulness ***,they misdiagnose the harms of the techlash as arising from law’s *** fact,law mediates the institutions that it enacts,the productive activities it encases,and the modes and myths of production it upholds and ***,this distinction between law’s absence and presence implies that once law’s presence is secured,the problems of the techlash will be *** concedes the legitimacy of the very regimes currently at issue in law’s own legitimacy crisis,and those that have presided over the *** twin moment of reckoning in tech and law thus poses a challenge to those looking to address discontent with technology with promises of future lawfulness.

关键词： law technology ethics tech ethics inequality regulation

The Relationship between Civil&Commercial law and Economic law in the Context of the Market Economy

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学术界 2020年第7期 218-226页

作者： Ding Yanshen Fu Qilin Civil Commercial and Economic Law School China University of Political Science and LawBeijing 100088

Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market *** are indispensable laws in the national economic development and *** analyzing the relationship between civil&commercial law and economic law in the context of market economy,this article explores the similarities and differences between,and through the perfection and application of the two,China’s social and economic stability and a lasting progress can be better realized under the mechanism of market economy.

关键词： market economy civil&commercial law(CCL) economic law economic regulation

Smart Contract Vulnerability Detection Method Based on Feature Graph and Multiple Attention Mechanisms

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Computers, Materials & Continua 2024年第5期79卷 3023-3045页

作者： Zhenxiang He Zhenyu Zhao Ke Chen Yanlin Liu school of Cyber Security Gansu University of Political Science and LawLanzhou730070China

The fast-paced development of blockchain technology is ***,the security concerns of smart contracts represent a significant challenge to the stability and dependability of the entire blockchain *** smart contract vulnerability detection primarily relies on static analysis tools,which are less efficient and *** deep learning methods have improved detection efficiency,they are unable to fully utilize the static relationships within ***,we have adopted the advantages of the above two methods,combining feature extraction mode of tools with deep learning ***,we have constructed corresponding feature extraction mode for different vulnerabilities,which are used to extract feature graphs from the source code of smart ***,the node features in feature graphs are fed into a graph convolutional neural network for training,and the edge features are processed using a method that combines attentionmechanismwith gated ***,the revised node features and edge features are concatenated through amulti-head *** result of the splicing is a global representation of the entire feature *** method was tested on three types of data:Timestamp vulnerabilities,reentrancy vulnerabilities,and access control vulnerabilities,where the F1 score of our method reaches 84.63%,92.55%,and 61.36%.The results indicate that our method surpasses most others in detecting smart contract vulnerabilities.

关键词： Blockchain smart contracts deep learning graph neural networks

From Ethics Washing to Ethics Bashing:A Moral Philosophy View on Tech Ethics

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Journal of Social Computing 2021年第3期2卷 266-283页

作者： Elettra Bietti the Harvard law school Harvard UniversityCambridgeMA 02138USA

Weaponized in support of deregulation and self-regulation,“ethics”is increasingly identified with technology companies’self-regulatory efforts and with shallow appearances of ethical ***-called“ethics washing”by tech companies is on the rise,prompting criticism and scrutiny from scholars and the tech *** author defines“ethics bashing”as the parallel tendency to trivialize ethics and moral *** these two attitudes are a few misunderstandings:(1)philosophy is understood in opposition and as alternative to law,political representation,and social organizing;(2)philosophy and“ethics”are perceived as formalistic,vulnerable to instrumentalization,and ontologically flawed;and(3)moral reasoning is portrayed as mere“ivory tower”intellectualization of complex problems that need to be dealt with through other *** article argues that the rhetoric of ethics and morality should not be reductively instrumentalized,either by the industry in the form of“ethics washing”,or by scholars and policy-makers in the form of“ethics bashing”.Grappling with the role of philosophy and ethics requires moving beyond simplification and seeing ethics as a mode of inquiry that facilitates the evaluation of competing tech policy *** must resist reducing moral philosophy’s role and instead must celebrate its special worth as a mode of knowledge-seeking and *** from mandating self-regulation,moral philosophy facilitates the scrutiny of various modes of regulation,situating them in legal,political,and economic *** philosophy indeed can explainin the relationship between technology and other worthy goals and can situate technology within the human,the social,and the political.

关键词： ethics technology artificial intelligence big tech ethics washing law regulation moral philosophy political philosophy

A LEGAL ANALYSIS OF THE PROVISIONS OF VOLUME CONTRACT UNDER ROTTERDAM RULES

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Frontiers of law in China-Selected Publications from Chinese Universities 2012年第4期7卷 581-615页

作者： Xiaochen Yu Tiansheng Li graduated with honor from school of law Tulane UniversityUSA school of law Dalian Maritime UniversityDalianChina

Volume contract as a new regime was introduced into the Rotterdam Rules by the proposal of the U.S. Delegation, which has pros and cons in terms of its inclusion. We shall, admit that, since the early form of service contract has been successfully applied in the transportation trade in the U.S., this regime indeed has its vitality. The author hereunder focuses on the inclusion of volume contract in the Rotterdam Rules, and introduces the history of the advent of service contract in the U.S. and then the advantages of the service contract of its application. Furthermore, the author analyzes the relevant provisions regarding volume contract in the Rotterdam Rules, as well as some critiques with respect to the concept of volume contract and provisions accordingly in the rules.

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DIFFICULTIES CONFRONTED BY ICSID TRIBUNALS IN DECIDING INTERNATIONAL INVESTMENT CORRUPTION CASES AND POSSIBLE SOLUTIONS

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Frontiers of law in China-Selected Publications from Chinese Universities 2020年第4期15卷 481-505页

作者： YIN Hongwu school of law Hunan Normal UniversityChangshaChina school of law Hunan Normal UniversityChangsha 410081China

The issue of corruption has attracted increasing attention in the study and practice of international investment law during recent *** taking prudent consideration of the corruption defense invoked by the host states in some international investment arbitration cases involved with corruption,International Center for Settlement of Investment Disputes(ICSID)tribunals accordingly determined the final ***,some parts of the arbitral jurisprudence aroused strong criticism,especially with regard to the ICSID tribunals’reasoning that arbitrators have no jurisdiction over corruption-tainted international *** ICSID tribunals are legitimately supposed to exercise their jurisdiction and are lawfully obliged to probe into the nature of corrupt *** tribunals are strongly expected to adopt a balanced approach in deciding the merits and fairly weighing the obligations,rights,and interests of both disputing *** is preferable to strengthen the collaborative interaction between ICSID proceedings and domestic anti-corruption enforcement mechanisms when it comes to combating corrupt international investment *** international treaties(or specific treaty provisions)on combating corruption in international business transactions and calling for international cooperation,alongside domestic anti-corruption enforcement legislation,have actually laid solid legal foundations for the establishment of such an anti-corruption coordinative mechanism between ICSID and domestic corruption regulatory authorities on the global level.

关键词： corruption defense arbitral jurisdiction balanced approach international anti-corruption coordinative mechanism Interational Center for Settlement of Investment Disputes(ICSID) investment

40 YEARS OF CHINESE REFORM AND OPENING UP ALONGSIDE CHINESE CONSTITUTIONAL STUDY

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Frontiers of law in China-Selected Publications from Chinese Universities 2018年第4期13卷 458-496页

作者： HAN Dayuan school of law Renmin University of ChinaBeijingChina school of law Renmin University of ChinaBeijing 100872China

China has a long history of constitutional jurisprudence, bearing different academic missions in different eras. China’s constitutional jurisprudence, characterized by its academic logic and principled nature, has not only facilitated social development and progress but also actively played academic functions during the Chinese reform and opening up. This paper considers the social changes during the last 40 years of the policy’s implementation as the background and, by employing standardized and literature analysis methods, combs the main progress and evolution of the knowledge system during the 40 years of constitutional jurisprudence study, followed by a look into its future.

关键词： reform and opening up constitutional jurisprudence constitutional practice constitutional text

Issues with Spatial Scale in Urban Research

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Chinese Geographical Science 2022年第3期32卷 373-388页

作者： XIU Chunliang JIN Ying school of Jangho Architecture Northeastern UniversityShenyang 110169China school of Humanities and law Northeastern UniversityShenyang 110169China

Scale is the range or measurement unit of the characteristics of natural or human ontology in the temporal or spatial dimension and is widely used in daily life and the study of various *** effect pertains to certain laws and characteristics that can only be reflected on a specific scale,so choosing the appropriate scale remains the basic premise of scientific *** concept of the urban spatial system is complex and has the characteristics of scale dependence,and the selection of an appropriate spatial scale is important for the accurate estimation and description of urban *** this paper,we discuss spatial scale in urban research using cases that primarily come from the Chinese experience,provide some examples that demonstrate the importance of appropriate scale in urban research,including urban shrinkage,and highlight problems in spatial ***,we suggest that scale consciousness should be the basic consciousness required in empirical research.

关键词： scale scale effect spatial scale urban research shrinking city