THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？

By referring to 400 WTO cases, this paper reviews the results of WTO dispute settlement proceedings and the systemic causes in order to find out whether the WTO dispute settlement system ＂s results reflect a clear tendency of favoring complainants, and if so, whether the internal asymmetry of the system leads to such results. Based on these findings, and by considering a number of factors, this paper analyses the influence on national interests brought about by such asymmetry, so as to find whether there is a two-way adjustment effect and relative deprivation effect for developing countries. Then, according to the current economic situations of the WTO＇s Asian countries, this paper suggests that the Asian members should reform their policies to overcome the disadvantages of the WTO asymmetric proceedings. In this part, this paper comprehensively evaluates the measure of actively using the WTO dispute settlement system that favors the complainants, in order to develop overseas markets and realize potential benefits of treaty negotiations.     

LEGAL DISPUTES OF MARITIME BOUNDARIESDIMENSIONAL CASE STUDY OF THE THAILANDCAMBODIA

The principal aim of this research is the quest for a well-balanced legal system that reconciles predictability and flexibility in the law of maritime delimitation. As with all types of law, the law of maritime delimitation should possess a degree of predictability. The other flexible considerations of geographical are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a diversity of factors in order to achieve an equitable result？ This, according to the author, is the question at the heart of the law of maritime delimitation. This issue in depth by looking at three aspects of the question.＂ first by looking at the two opposing and contrasting approaches evident in the evolution of the law of maritime delimitation; second, by undertaking a comparative study of the case law and State practice; and third, by examining the theoretic 1958 Geneva Conventions and the pioneer ruling in the North Sea Continental Shelf case.＂ the inherent and ＂ab initio＂ rights of the coastal State, the requirement for delimitation by agreement, and the emphasis on the role of equity. But much remained to be worked out by State practice and by jurisprudence; and in such a novel field, it is perhaps not surprising that there have been many inconsistencies and reversals. There could be no better guide through this labyrinth than whose sureness of direction is based on very detailed study, All problems underlie the law of maritime delimitation. Nowadays, many studies have been written in the field of maritime delimitation. Most of them have focused on the case law. In fact, as is shown in the bibliography, there are many articles relating to inter-national judgments in this field. Since it has been argued that the law of maritime delimitation has developed through international jurisprudence, it was only natural that writers turned to the analysis of case law in this field. By contrast, State practice concerning maritime delimitation has not been suffici     

TOWARDS THE RULE OF LAW OR THE RULE OF THE BOOTS？ A LIBERAL PERSPECTIVE ON DEMOCRACY AND HUMAN RIGHTS

Since the beginning of the ＂war＂ on terror, governments have implemented counter-terrorism laws and policies, in breach of their obligations under international human rights law, on account of the necessity to protect democracy against its enemies. Reliance on the human rights discourse in order to justify the violations committed renders it difficult to criticise these drawbacks without rethinking the concepts of rights and democracy and reformulating them. The present article attempts to answer this challenge along the lines of the reconstruction of the notions of liberal democracy as the rule of law and liberty, and human rights as spheres of individual sovereignty.     

Resolving armed conflict： The Acehnese experience of mediation

A growing number of armed conflicts are ending in negotiated and mediated settlements. While mediation has been acknowledged as an effective means of dispute resolution in many areas, such as family law, medical law and commercial law, it has only quite recently been employed for the resolution of armed conflicts. It is the aim of this article to analyze how mediation was successfully employed in resolving conflicts in the region of Aceh in Indonesia. After 25 years of armed conflict, a peace deal was signed in 2005 between the government of Indonesia and an armed Acehnese group, the Gerekan Aceh Merdeka（GAM）. This article will detail the history of the conflict and the mediation process, focusing on the mediation strategies and characteristics.     

THE RULE OF LAW IN THE EXTERNAL RELATIONS OF THE EUROPEAN UNION WITH A SPECIAL FOCUS ON CHINA

In line with the ideas of its founding fathers, the European Union is a legal system built on the rule of law, internally and internationally which was highlighted by the Treaty of Lisbon （Art. 21）. The EU therefore has to pursue the implementation of the principle of the rule of law also in its external relations. This paper frames the rule of law not only in the context of the Union but also in the United Nations （III. 1） and provides concrete illustrative examples for the implementation on the international scene by the EU. Section IIl deals with the Cotonou Agreement, the European Neighbourhood Policy, Central Asia, South Korea and Myanmar/Burma. Special attention is paid to the case of China （III.3f） where the preoccupation with the rule of law poses a particular challenge which is not side-stepped by the Union. In pursuing this policy, the EU contributes to the development of rule of law in international law and governance.     

Notes for Submissions

Frontiers of Law in China （FLC） is a scholarly journal （quarterly）, launched in 2006, presently co-published by Higher Education Press and Thomson Reuters. The editorial welcomes articles from scholars, researchers, legal practitioners, and postgraduates in the field of law who are interested in Chinese law and comparative law between China and other countries, and the related legal issues that explore the significance of the contemporary reform of Chinese law and Chinese legal system.     

FOCUS： PUNITIVE DAMAGES IN CHINA PUNITIVE DAMAGES,CHINESE TORT LAW,AND THE AMERICAN EXPERIENCE

In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that ＂（w）hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.＂ As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more radically than the law on punitive damages. While there were once few restraints on the ability of a judge or jury to impose punitive damages in a case involving egregious conduct, today there are a host of limitations embodied in American state and federal law. In many American states, statutes or judicial decisions restrict the ability of a court to award punitive damages by narrowly defining the types of conduct that will justify a punitive award, raising the standard of proof capping the amount of punitive damages, requiring a portion of a punitive award to be forfeited to the state, or limiting vicarious liability for punitive damages. In addition, under federal constitutional law, the principle of due process limits the imposition of punitive damages by scrutinizing the ratio between compensatory and punitive damages and prohibiting an award to be based on harm to persons other than the plaintiff. An examination of these developments from a comparative law perspective may prove useful to the implementation of Article 47.     

LESSONS FOR THE US SYSTEM OF FINANCIAL ARBITRATION： A RESPONSIVE EMPIRICAL EXPLORATION OF ARBITRATION AND OMBUDSMAN SERVICES

The United States largely relies on a system of arbitration to handle retail consumer financial disputes. This approach has undergone significant challenges in recent yearsparticularly in light of recent abuses of consumer credit arbitration mechanisms. This paper reports on the result of a non-randomized smalLn survey which we label the ＂Financial Dispute Study＂ aiming at evaluating the relative effectiveness of two major approaches to financial dispute resolution -- arbitration and ombudsman services. Nearly a hundred survey questionnaires were distributed to financial dispute resolution practitioners throughout the world. A total of forty-eight arbitrators and ombudsmen from East Asia, North America, Europe, the Middle East and Africa responded. In the Study the participants were asked how practitioners viewed the level of satisfaction, settlement rate and perceived increase or decrease in the use of the given method of financial dispute resolution -- whether arbitration or ombudsman service.     

Applying the applicable law： The ex aequo et bono provision of the FAT Rules

One of the characteristics of arbitration is the freedom of the parties to choose the applicable law, i.e., the law governing the merits of the dispute. According to the FAT Rules （art. 15.1）, ＂Unless the parties have agreed otherwise the Arbitrator shall decide the dispute ex aequo et bono, applying general considerations of justice and fairness without reference to any particular national or international law.＂ In fact in almost all the cases ruled by FAT, the parties choose the application of ex aequo et bono.     

THE ACT OF THE PEOPLE＇S REPUBLIC OF CHINA ADDRESSING CLIMATE CHANGE （ THE DRAFT PROPOSAL） I. THE INTERPRETATION OF THE PEOPLE＇S REPUBLIC OF CHINA＇S ACTIONS ADDRESSING CLIMATE CHANGE

I. The Necessity of Legislation. -- As the largest developing country, China has the most greenhouse gas emissions in the world. Therefore, the world, including America, pays close attention to China＇s policies regarding the control of greenhouse gas emissions. Considering the continuous growth of global warming, China＇s policies for controlling greenhouse gas emissions should be consistent and ruled by law. So it is necessary to enhance the establishment of laws and systems for standardizing settlement.     

STATE＇S CONTROL AND TENURE ARRANGEMENT OVER FIXED OBJECTS DUTCH CITIZENS PRIVATE PROPERTY FOR THE WELFARE OF THE PEOPLE： THE CASE OF INDONESIA

Indonesia had been colonized by Dutch Government for more than 300 years. Posterior to Indonesia independent proclamation on August 17, 1945 there was a number of State＇s legal problems found and one of them is the control and tenure arrangement of private property that left by Dutch citizens in the country of Indonesia. Specific purpose of the paper is to criticize the existence of Act Number 3 PRP Year 1960 regarding the Tenure Arrangements Fixed Objects Dutch Citizens Private Property that has reflected a sense of unjust, uncertainty and inexpedience for the greatest number of Indonesian people. It is because the Act of 1960 defines inconsistency between Article 4, paragraph （2） with general explanations Article 1 Government Regulation of the Republic of Indonesia Number 223 of 1961. It also set the terms of priorities to obtain fixed objects belonging to individual citizens Dutch not in accordance with the principle of equality before the law. Legal implications arising from control and tenure arrangements of objects and equipment owned by a Dutch individual are a problem that occurs in the received ground objects P3MB. To implement the control arrangements of objects and equipment owned by a Dutch individual that reflects a sense of fairness, certainty and benefit to society by applying the concept of 3 in 1 in the Land Acquisition： Acquisition of land objects P3MB for laws subject.     

Pre-constitutional state of customary law in South Africa

Customary law is often criticized for being in conflict with human rights norms, mainly on the grounds that it tends not to emphasize gender equality and discriminate against women. Although customary law has not in the past emphasized equality between men and women, it cannot be regarded as completely in conflict with human rights1. As already stated, one of the principles of human rights is equality between the sexes. Customary law has the same aim as human rights, which is the protection of human dignity2. The conflict may be largely caused by the fact that, ideologically, African customary law is communal or socialist in approach, whereas human rights are based on the premise that a person has rights by virtue of his or her being an individual human being. Now that we in South Africa have a bill of rights and yet we will still have customary law, the question has been and is still being posed whether customary law is not in conflict with universal human rights. The reason for this is that one of the values that underpin our Constitution is equality.3 Customary law on the other hand does not insist on complete equality in every respect. In particular section 9 of the 1996 Constitution provides for equality before the law and for equal protection and benefit of the law, which entails the full and equal enjoyment of all the rights and freedoms. It further proscribes unfair discrimination based on the listed grounds although it allows steps to promote or advance people or categories of persons who have been disadvantaged by unfair discrimination.     

THE OVERVIEW ON THE UK-CHINA CONFERENCE ON PUBLIC LAW

Renmin University of China hosted the first ＂＇UK-China Conference on Public Law＂ on 2-6 September, 2013. The conference was a collaboration between Renmin University of China, Oxford University, University College of London （UCL）, China Association of Constitutional Law, and the United Kingdom Constitutional Law Group. The conference was eo-organised by Nick Barber from Oxford University, Jeff King from UCL, Han Dayuan from Renmin University and Li Ruiyi from Nankai University. It was partly sponsored by multinational law firm Clifford Chance. More than 50 Chinese and British academics participated. A range of topics was covered including the position of soft law and conventions in constitutions, constitutional structure, the rule of law, judicial independence, protection of human rights, interaction between welfare states and the rule of law, and the role of the court and the judge in regulating administration. Chinese and UK academics of public law actively participated in discussions. The conference marked an unprecedented communication and exchange on constitutionalism between Chinese and British scholars.     

The Common Law/Civil Law Divide: Residual Truth of a Misleading Distinction

Ⅰ.IntroductionThe contrast between common law and civil law systems of civil justice is often expressed by juxtaposing adversarial and inquisitorial models of procedure.On the conventional understanding of these two models,civil litigation in common law systems then appears as controlled by litigants who present their respectivecases to a passive judge,and its civil law counterpart as controlled by an active judge who conducts an in-quiry into the facts and the law of a dispute.But while these two contrasting models capture many salient     

RULE OF LAW IN CHINA-- LEGISLATION REASONING AND ENFORCEMENT OF ANTI-MONOPOLY LAW IN CHINA AND THE WEST

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.     

GLOBALIZATION OF LAW： A CHINESE PERSPECTIVE ENCOUNTER： HOW DUNCAN KENNEDYAND CHINESE LEGAL SCHOLARS VIEW LEGAL TRANSPLANTS AND THE RULE OF LAW -- A COMMENTARY ON THE HARVARD-RENMIN VIRTUAL WORKSHOP ON DUNCAN KENNEDY＇S THREE GLOBALIZATIONS OF LAW AND LEGAL THOUGHT

Concerned about China＇s future, a panel of Chinese legal scholars invited Professor Duncan Kennedy to discuss legal transplants and the rule of law. This commentary contextualizes their ideas and concerns and aims to clarify some concepts and arguments that underlay their discussion. At times though using the same words the participants were talking about different things. By legal transplants, the Chinese scholars were initially speaking of specle laws, while Duncan Kennedy was referring to legal thought. By law being political, Duncan Kennedy largely meant the distributive and discretionary nature of adjudication, while the Chinese participants were criticizing the interference by the Party and the government with judicial practice. Yet through this encounter, much was exchanged and debated. Regarding the triggers of legal transplants, the Chinese participants emphasized the law＇s quality and the donor＇s power, while Duncan Kennedy was more interested in chance and the recipient＇s strategy. Among the multiple ways of defining the rule of law, both sides agreed that it should be an institutional framework within which an independent judiciary checks the executive power. Nonetheless, each side had their own hopes and reservations on how this institutional framework can enable judges to faithfully apply the law.     

The relationship between law and morality

Law and morality can be considered as two competing groups among varied and sophisticated social phenomena. Both law and morality serve as norms of human behavior and fall in the category of values for maintaining social welfare. The study was based mainly on a review of the relevant literature and the compiling of available information on law and morality. This paper argues that law and morality are closely related yet distinct.