共查询到20条相似文献,搜索用时 31 毫秒
1.
Abstract Twenty years after its adoption, the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) remains unique among fisheries agreements in its declared commitment to considering the impact of existing or proposed fisheries on the entire ecosystem, rather than on just the harvested species. However, the recent picture of fisheries activities within the Convention area suggests a substantial ‐ and perhaps widening ‐ gap between theory and practice. The fishery that has most clearly proven beyond CCAMLR's capacity, and which has resulted in the most significant damage to the Antarctic environment in modern times is that for Patagonian Toothfish, Dissostichus eleginoides. That fishery is discussed in more detail below. The roots of that problem in conjunction with structural problems that have contributed to CCAMLR's inability to deal with the toothfish challenge threaten to be repeated in the second‐generation krill fishery that is rapidly developing in Antarctic waters. The authors provide suggestions for structural and procedural changes within CCAMLR to permit it to effectively manage the marine living resources of the Southern Ocean. 相似文献
2.
Over the past 20 years, Japanese whalers have taken more than 10,000 whales from the Antarctic Southern Ocean and the north Pacific Ocean for 'scientific purposes', under a controversial exemption clause in the International Convention for the Regulation of Whaling (ICRW). After analyzing the relationship of the ICRW regime with other applicable multilateral agreements, this article concludes that Japan's current pelagic 'research whaling' programmes are not only a growing embarrassment for the country's meritorious ongoing research in both polar regions; they are also in open breach of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In light of different options for international legal action, the author recommends the initiation of 'compliance procedures'– potentially leading to a collective trade embargo – in accordance with CITES Conference Resolution 14.3 (2007). 相似文献
3.
Environmental risks from US military construction on the atollof Diego Garcia (British Indian Ocean Territory) since 1971include damage caused by large-scale coral mining,the introduction of invasive alien plant species, continuoustransits of nuclear material and unreported major fuel spills;these risks are now compounded by those of sea-level rise andocean acidification due to global climate change. The US andUK governments have evaded accountability by way of a persistentblack hole strategy, contending that some nationallaws and international treaties for the protection of humanrights and the environment do not apply to the island—aposition confirmed by a controversial appellate judgment ofthe House of Lords in October 2008, essentially relying on prerogativecolonial law. This article draws attention to the fallacy ofthe black-hole syndrome, and to its potentially fatal consequencesfor the British claim to a 200-mile environment protection zonein the Chagos Archipelago. 相似文献
4.
Zhiyun Liu 《Frontiers of Law in China》2011,6(4):589-608
After the Cold War and the quick development of globalization, non-state acts by international organizations, transnational
corporations and nongovernmental organizations (NGOs), etc., are becoming more active. Global issues with regard to, inter
alia, environment, human rights, terrorism are constantly emerging, which bring great challenge to the Westphalia System that
is based on state sovereignty and centered on the national state. At the same time, the values, which include “individualism”
and “global justice,” are constantly casting impact on international legal system. Doubtlessly, in the current context of
international relations, “justice among states” is still the reasonable positioning of the value of modern international law.
However, making “individualism” and “global justice” compatible and modifying “justice among states” is an inevitable trend.
At the same time, the rule brought about by the modification on the value of justice must be handled properly. 相似文献
5.
Yin Liu 《Frontiers of Law in China》2010,5(4):626-644
Evasion in private international law differs from fraud of law in domestic law, which has been generally agreed upon in academic
and judicial circles. However, in China’s private international law, the theories on “evasion,” are very confusing and quite
a few Chinese academicians appear more declined to accept it as natural phenomenon in conflict of laws. Similarly, both Chinese
judges and legislators take a conservative approach towards it. By comparative and historical methods, the definition of evasion
is to be clarified in this paper. Also, it is to argue that evasion differs from fraud of law in the context of domestic law
and it is necessary to elucidate it. 相似文献
6.
Ruiting Qin 《Frontiers of Law in China》2010,5(4):600-625
“The parties can only choose facultative legal norms,” “the parties of all foreign-related civil and commercial cases may
agree to choose Chinese law as the applicable law governing their legal relationship,” and “the applicable law to the contract
chosen by the parties shall not avoid the mandatory provisions of Chinese law” —such viewpoints that have substantial influence
among the theorists and in the judicial practices of Chinese private international law are actually based on misunderstandings
of Chinese private international law. It is a task of the private international law community of China to eliminate such misunderstandings,
hence facilitating the healthy development of Chinese private international law. 相似文献
7.
Jacqueline Mowbray 《International Journal for the Semiotics of Law》2011,24(1):79-95
Claims by minority groups to use their own languages in different social contexts are often presented as claims for “linguistic
justice”, that is, justice as between speakers of different languages. This article considers how the language of international
law can be used to advance such claims, by exploring how international law, as a discourse, approaches questions of language
policy. This analysis reveals that international legal texts structure their engagement with “linguistic justice” around two
key concepts: equality and culture. Through a close examination of the way in which these concepts function within international
legal discourse, the article suggests that this conceptual framework may sometimes constrain, as well as enlarge, the possibilities
for justice for minority language speakers. Thus while international law may provide a language for challenging injustices
in the linguistic sphere, limitations inherent in this discourse may also restrict its emancipatory potential. 相似文献
8.
Cristian Lorenzo Julián Kelly Guillermo Martínez Pastur Fernando Estenssoro Saavedra María Vanessa Lencinas 《International Environmental Agreements: Politics, Law and Economics》2018,18(6):801-810
Biodiversity loss remains one of the most pressing issues for global governance. This situation can be seen in Argentina and Chile through the effects of biodiversity loss caused by the introduction and expansion of beavers in Southern Patagonia. This case is interesting because, despite the Beagle conflict (i.e., the border dispute) between these countries some decades ago, nowadays Argentina and Chile are facing shared environmental problems and both are actively seeking solutions. The main question in this paper is, how did Argentina and Chile search for a solution to shared environmental problems caused by the expansion of beavers in Southern Patagonia? This paper tackles this question and presents the results of the conducted qualitative research. The results indicate that, in order to understand what Argentina and Chile are doing to achieve a solution to their shared environmental problems, research cannot be exclusively focus on domestic affairs. Instead, this issue requires taking into account how international dimensions influenced domestic policies. As this paper argues, in Argentina and Chile, international cooperation is a method of influencing biodiversity governance through funds granted by international organizations and international expert recommendations. 相似文献
9.
Zhiyun Liu 《Frontiers of Law in China》2011,6(3):496-523
From the origin, there has been a strong connection between international relations and international law. In the development
of the history of different academic subjects, the research on international relations and international law are interdependently
promoting each other. As a result, the realization of interdisciplinary research on international legal theory and the study
of international law is inevitable. As a matter of fact, even though the interdisciplinary research of the two subjects has
been separated for almost half a century, the need for the development of the subject and the changing world political and
economical status give them a new chance for reunification. Recently, the interdisciplinary research on international relations
theory and international law by the Western academic is becoming the order of the day, which has become the latest shining
point of the recent development of the two subjects, which is even regarded as the new revolution of international relations
theory and the study of international law. In this context, the past ten years is a period of emergence of Chinese international
relations and the interdisciplinary research of international law. In the past ten years, some scholars have overcome “the
difficulty of interdisciplinary research,” “the prejudice within the subject” and “the gap among different subjects,” and
made pioneering research in the field of “systematic connection” and “issues in overlapping field.” Moreover, they gradually
make the interdisciplinary research to be a popular method and a common recognition. Based on the current studies, interdisciplinary
research will have a broad future in the fields such as “the interchange of concepts,” “the exchange of method,” and “the
mutual assistance of materials,” which will provide scholars in this area with a broad space for research. 相似文献
10.
The current trend of regulation in international financial mattersof service providers and trustees is an inevitable consequenceof trustees of international trusts being remote from the settlorand the beneficiaries. The fit and proper persons'requirement for international trust companies, and others, properlyaddresses the need for international investors assetsto be in the hands of those properly experienced and qualified.The success depends upon how this fit and propercriteria is defined and monitored by the regulator in each jurisdiction. In most international jurisdictions, 相似文献
11.
Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international
problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of
domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction
of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or
crimes against humanity. Although the United States Code characterizes trafficking as “a transnational crime with national
implications,” (22 U.S.C. § 7101(b)(24) (2010)), trafficking is rarely prosecuted in domestic courts. It has thus functioned
in practice largely as what might be judged a “stateless” offense, out of the purview of both international and national courts.
Yet these forms of organ trafficking remain widespread—and devastating to those who are its victims. In this article, we begin
by describing what is known about the extent of organ trafficking and trafficking in persons for the purpose of removal of
organs. We then critically evaluate how and why such trafficking has remained largely unaddressed by both international and
domestic criminal law regimes. This state of affairs, we argue, presents a missed chance for developing the legitimacy of
international criminal law and an illustration of how far current international legal institutions remain from ideal justice. 相似文献
12.
Trafficked women are used and consumed in different ways and by different users in Australia. They are used by the traffickers
and by the consumer of the destination country. They are used as prosecutorial tools by the national criminal justice agents.
They are used by the national politicians to pursue border control policy objectives and to be seen as abiding by international
protocols. In all these uses, the identity of the trafficked woman is formed and shaped to fit the users’ need. However, these
women’s otherness and abjection is constantly maintained and reinforced. They are used as a commodity. Meanwhile, the discussion
on the demand side, and the consequent responsibility of the destination country, is virtually omitted. This paper will raise
the question of how the socio-legal analysis and discourse would evolve if a literal interpretation of trafficking women as
a commodity was taken into account, exploring an international trade approach. The social construction of trafficked women
as a commodity has been identified and criticised by academic scholars, NGOs’ and UN’s rapporteurs. By pursuing this line
of approach, the destination country is forced to take more responsibility for how the woman is demanded within its territory.
As a consequence of this international trade approach, the State should deliver equality and non-discrimination. Rather than
being a cynical application of a trade framework to trafficked women, this approach aims to highlight the paradox of such
a situation in legal terms. It is highlighted that approaching trafficked women from this legal and jurisprudential way may
offer more possibilities to expand their claims against the State. Currently, in Australia, when a trafficked woman is located
by the State, she would attract limited and temporal rights, her being the ‘other’ as well as an abject entity remains, notwithstanding
the fact the she was imported because there is a demand within the territory. 相似文献
13.
As a developing country, China has been pressured by the developed countries to increase the levels of intellectual property
(IP) protection and to adopt IP rules that even go beyond the minimum international standards. IP regimes are established
to promote advances in science and culture by rewarding creation and invention. However, developing countries do not necessarily
appropriately share the benefits from the harmonization of IP protection standards over the world. Fortunately, not every
developed country or international organization is concerned only with its own interest when evaluating the tendency of international
IP protection policies. In fact, they have made many studies or findings in favor of the concerns and interests of developing
countries. This paper investigates the conflicts between IP rights and human rights, as well as the validity of IP laws under
constitutional arguments, with the purpose of providing new strategic policy arguments in China’s future amendments to IP
laws, and related negotiations with developed countries.
__________
Translated from Faxue Yanjiu 法学研究 (Law Research), 2005, (6): 105–115 相似文献
14.
15.
Ralph Henham 《Crime, Law and Social Change》2012,57(1):77-98
The paper explores the link between penal ideology and international trial justice from the perspective of sentencing. The
argument is based on the premise that the perceived legitimacy of punishment is directly related to effective governance in
criminal justice. As such, loss of faith, or lack of moral empathy by individuals and communities with the ideologies, processes
and outcomes of punishment compromises the ability of criminal trials to function effectively in maintaining the ‘rule of
law’. The paper argues that more emphasis should be given explaining the moral foundations that underpin perceptions of ‘justice’
in sociological accounts of the ‘reality’ of sentencing, and proposes an analytical framework for conceptualising this. Adopting
this approach, the paper draws on examples from national and international criminal justice to illustrate how the hegemony
of penal ideology and its implementation compromises the ability of sentencing outcomes to resonate with the trial‘s ‘relevant
audience’. The paper then focuses on how penal ideology influences the construction of the factual basis for sentencing in
international criminal trials, and considers the consequences of this for the perceived ‘legitimacy’ of international trial
justice. 相似文献
16.
After examining the drafting history of Article 14 of the UNCovenant on Civil and Political Rights, which lays down a defendant'sright to defend himself in person or through legal assistanceof his own choosing the relevant national andinternational case law and scholarly commentary theauthor argues that the underlying purpose of the right at issueis to ensure a fair trial. This objective can best be met incases of former leaders accused of international crimes by assigningthe defendant a highly qualified attorney who is vigilantlycommitted to representing his client's interests. In his view,there are two main reasons why a court in international crimestrial should be able to require the defendant to work throughcounsel: (1) the likelihood that a defendant will act in a disruptivemanner; and (2) the unique need in a complex international crimescase for an orderly trial. 相似文献
17.
Internationalisation of corporate R&D—driven mainly by multinational enterprises (MNEs)—has received increasing interest recently.
As a small open economy, Austria faces special challenges with regard to this on-going process. The share of Austrian R&D
financed from abroad is outstanding in international comparison. Indeed, a significant portion of R&D activities in Austria
is defined by strategic decisions of international corporations, which are re-assessing their spatial division of labour continuously.
In our paper, we analyse the characteristics of these foreign-owned corporations in Austria and demonstrate that they form
the more ‘modern’ part of Austrian industry. At the same time, we show that these companies and R&D facilities are embedded
in the Austrian national innovation system (NIS) to a large extent. This embeddedness is also explicitly and implicitly supported
by the Austrian technology policy. We conclude that this high degree of embeddedness in the NIS may be crucial for the sustainability
of foreign-owned R&D facilities.
相似文献
Helmut GasslerEmail: |
18.
This paper seeks to examine major Turkish textbooks of publicinternational law, focusing particularly on a small number ofcore areas in this discipline: historical origins and basicfeatures; formal sources; main subjects; the law of territory;international law and development. These textbooks show a stronginclination towards Eurocentrism and positivism due to theirdenial of the vigour of soft law, as manifestedfor instance in UN General Assembly resolutions, and of theirmarginal treatment of international law and development.What is more, substantive issues of international law are notdiscussed in a critical way; rather the procedures of the disciplineare given priority. This is almost to suggest that Turkish internationallaw scholars hold the view that their raison dêtreis confined to technical expertise, and that therelationship between law, other disciplines and society liesoutside their domain. In the final analysis, therefore, thehard core of issues integral to international law and havinga deep impact on international politics, such as the searchfor a New International Economic Order (NIEO), the principleof self-determination and human rights are either entirely bypassedor treated only very narrowly in Turkish international law textbooks. 相似文献
19.
This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict
with those given by the International Court of Justice. The nature of these courts’ judgments has been extremely closely tied
to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of
questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of the courts’ decisions)
and the semiotic (regarding the manner in which a ‘meaning’ for the norm has been claimed by the courts). In this article
we aim to provide answers to a number of these questions, both from the standpoint of international law and from that of a
reader-response model of semiosis. We also analyse the level of interdependency that exists between the two spheres. 相似文献
20.
The author discusses the interaction between international andnational law in determining whether a case is admissible fromthe viewpoint of complementarity (Article 17 of the Statuteof the International Criminal Court) and with regard to theconcept of interests of justice (Article 53 ofthe same Statute). Complementarity does not separate nationalfrom international criminal jurisdiction; nor does it put themin conflict with each other rather, it favours the aforementionedinteraction. In addition, the concepts of abilityand willingness tend to ensure an indirect harmonizationof national criminal systems around common international criteria.As for reliance on the notion of interests of justicewhen determining whether to initiate proceedings, accordingto the author, Article 53 envisages a compromise between prosecutorialdiscretion and strict legality, thereby enshrining a hybridizationbetween various national traditions. The author notes that thedecision to open investigations should be objective and foreseeable;to this end, she suggests some general criteria, which are intendedto serve as guidelines for establishing whether, in a specificcase, the interests of justice warrant the initiation of proceedings. 相似文献