BUSINESS SERVICES METHODS ANALYSIS OF OUTSOURCING PRACTICES IN CROSS-BORDER

＂Offshoring＂ or cross-border outsourcing is a new process in the field of economy and trade. Some of the legal and economic experts mentioned it as ＂migration or commerce jobs＂ and its rise in developed countries backs to 1960s. This phenomenon is known as one of the economic processes in recent decades which are kind of currents and changes that impact other aspects of economic life,     

The impact of mining rights on the local communities in Limpopo Province, South Africa： A comparative study

The paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of the protection of social and economic right in the context of the globalization of the activities of multinational mining and petroleum companies, as illustrated by different instances of increasing state withdrawal and with regard to specific African countries. In Africa, economic liberalization has been accompanied by a programmed redefining of the role of the state withdrawal from certain areas： planning, production and social reform, a reorientation of state intervention from certain other areas, redistribution, regulation and mediation etc, with a view of promoting a particular type of growth strategy based on promotion of private economic interests. This process has led to the delegitimation and weakening of states which were already characterized by fiscal crises, notably in countries under structural adjustment. While the process of reconceptualisation of the role of the state is not specific to Africa, its impact has been particularly significant with regard to the possibility of implementing developmental strategies designed to protect social and economic rights.     

The environmental rights entered in the constitutions： A critique

Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding of the discipline through systematic research and teaching at various levels.1 The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exist with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degradation often affects groups of people and it could consequently argue that the right should protect groups and not just individuals.2     

On the protection of the inheritance of world in China in law

So far, China is in possession of 33 World Inheritances, being the third one among all the countries in the world. However, as the experiences in protecting the inheritances are concerned, China is not as successful as some other countries. As China is in the construction of modernization and large-scale infrastructure construction and over-exploitation has become a great threat to the inheritances, its present condition in China is not satisfying. This article tries to put forward some countermeasures of law to enhance the protection work in China by using for reference the successful experiences of foreign countries in world inheritance protection.     

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.     

Transforming China poverty crisis： Challenges and issues

This paper describes the economic conditions of urban and rural poverty in China. The examination of this problem deconstructs into three components and this explains why this problem is China＇s premier economic problem, despite its recent economic progress into a world ranked industrial economic power. Here, this paper examines the period of 1985 to 2008, a period of almost exponential growth. Even though during this period millions escaped from poverty levels of income, this was only part of the positive results. There were social negatives as well, and the main one was that economic inequality became worse, as the impoverished, as well as being affected by the current financial situation that has overcome the Chinese labor market, has put them into competition with the better off who are in the same economic predicament. As China merges into forms of economic globalization, any external blow will cause sharp fluctuations within the Chinese economy, as reflected within the labor market. Unemployment imposes direct impacts on incomes, and may give rise to social instability. As a result, job growth should be at the top of the macro-control agenda.     

INSTITUTIONAL CHALLENGES TO CHINA＇S INNOVATIVE CAPACITY BUILDING

After dynamic economic growth for more than 30 years, China has been increasingly pressured with the unsustainability of its extensive development model. Despite the remarkable economic growth and the party-state promotion, China is facing barriers for its economic upgrading with scientific and institutional innovation. In recent years, a series of policies and measures have been taken by the Party-State to promote country＇s innovative reorientation. However, implementation of these measures in practice is facing many institutional difficulties, which closely relate to the necessary political reform in order to liberalize people＇s creativity and entrepreneurship. The article will examine three major institutional challenges in this regard from legal perspective.＂ freedom of speech, a level playing field for free market competition, and research integrity. The author argues that the Party-State＇s support and promotion will be insufficient to build up a society with innovative capacity when the Party-State regime itself becomes an obstacle to such development. Success of China＇s innovative reorientation to a large extent depends on its political and institutional reform as well as a fair and equal competitive market system.     

Is the erecting of barriers against foreign Sovereign Wealth Funds compatible with international investment law？

The impact of overseas investments by Sovereign Wealth Funds （SWFs） is increasingly causing alarm in destination countries. Many western governments show high concern with SWFs investing in some of their strategic economic sectors, such as energy or high technologies. Consequently, several of these governments have issued new domestic rules to control and even cancel investments operated by SWFs, or are about to do so. The aim of this work is to assess the compatibility of these new legislations with international investment law.     

THE LAWS,POLICIES, AND POLITICS OF REGULATING LEAD POLLUTION IN CHINA

This article examines the politics, laws and policies related to regulating lead pollution from lead-acid battery related manufacturing facilities in China. Particularly, this paper examines how China＇s Ministry of Environmental Protection （MEP） was able to force the temporary closure of nearly 90 percent of lead-battery manufacturing facilities within a period of months in 2011, after years of enforcement failures. The authors analyze the extent to which the Government＇s response to address lead pollution was based on laws and policies that can be systematically and consistently deployed by MEP as needed, or whether such measures are reliant on political will from outside MEP. Additionally, the authors are concerned with the extent to which China ＇s governance response to lead pollution primarily addresses environmental and public health issues; or rather it primarily addresses political and economic development issues, and whether this difference is significant. The article makes suggestions for how China can improve its environmental enforcement, and in so doing, contributes to a growing field of scholarship that examines environmental governance issues in the context of developing countries.     

CONCEPT OF SYNDICATED LOAN AGREEMENT BASED ON ECONOMIC DEMOCRACY FOR MICRO,SMALL AND MEDIUM ENTERPRISES （MSMES） IN INDONESIA

The banking institutions play an important role in providing development funds through one of their efforts such as syndicate loan. Syndicated loan is given only for large companies, because the loan value which is given from some banks to one debtor, higher than Legal Lending Limit. Economic democracy will give the priority to public welfare not to individual prosperity. Society value in economic life is justice. Article 2 of Law No. 10 of 1998 for banking which gives the clear explanation that Indonesian banking do their business based on economic democracy by using prudential principle. The definition of economic democracy is giving the greatest opportunities to all people to enjoy an increase in prosperity from bank functions, collector and distributor of public funds. As well as in syndicated loans, economic democracy principles should apply to all public, micro, small, medium and large enterprises to enjoy the loan syndication in order to improve all public welfare.     

REGULATION OF ENVIRONMENTAL LIABILITY

This research is based on documentary research, with the purpose to gather information concerning the legal and regulatory environment, historical and legal background, as well as its current policy in Mexico, compared with other states, of the environmental damages in order to assess the Federal Law of Environmental Liability＇s suitability as a means of ensuring both, of obtaining the environmental damage repair, restitution or compensation; and the access to an adequate environment.     

China＇s Labor Contract Law and the liberalization of global markets： Will employees＇ rights equate to employers＇ nightmares？

Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers＇ rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China＇s embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States＇ use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law.     

AN EVALUATION OF THE CHINESE LEGAL SYSTEM ON SUSTAINABLE DEVELOPMENT

The philosophy of binary purpose in conjunction with a holistic approach reflects sustainable development.These ideas are in accordance with Chinese traditional philosophy and culture,as well as the contemporary economic and social development.It calls for the central government's support to achieve sustainable development at the initial stage.However,in the long run,this approach has drawbacks which are concealed Thus,prompt adjustment is needed.In the relationship between the systems of sustainable development and democracy,human rights,sovereign equality of states,and sustainable development are approbated by the Chinese law system.The bottleneck of sustainable development is linked to its ideological system.Integration is related to the bottleneck of binary purposes,good governance,public participation,and human rights.The government-oriented mechanism has a time element that is related to the bottleneck of utilitarianism and basic economic law.For China's sustainable development,breaking the bottleneck to improve the system and seizing the opportunity to make innovations are of great significance.     

英文摘要

SYMPOSIUM： Some Countries＇ Experience of Fiscal Sustainability in the Global Debt Risks Introduction
Abstract After the 2008 Financial Crisis, the world witnessed the increase of fiscal risks, and in certain countries sovereign debt crises. This has led to a global realization of the importance of enforcing strict and effective fiscal discipline, particularly its implications for maintaining stability in financial markets. In the crisis, Australia achieved stability and soundness in both economic and financial performance, which has drawn wide attention. This research argues that Australia＇s recent economic and fiscal stability is the result of its efforts in budget reforms during the past thirty years. Especially important is the medium -term fiscal framework developed after the 1998 Charter of Budget Honesty Act which has made tremendous contributions to the Australian success in maintaining fiscal sustainability     

Financial regionalism in East Asia： The “Multilateralization” of the Chiang Mai Initiative

The 2008-2009 financial crisis prompted the ASEAN＋3 countries＇ decision to enhance the Chiang Mai Initiative （CMI） and to make it multilateral （CMIM）. The CMI network of bilateral swaps arrangements is going to be substituted by a regional reserve pooling arrangement worth US$120 billion. The aim of this work is to analyse the CMIM, putting it in the wider context of the growing role of Asia in the world economy and of the acceleration of its integration process. We will also assess the impact of the CMIM on the role of the IMF as global provider of financial assistance and as guarantor of international financial stability.     

THE CONCEPTUAL BASIS OF PRIVACY STANDARDS IN CHINA AND ITS IMPLICATIONS FOR CHINA’S PRIVACY LAW

China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.     

EVAR FOR ABDOMINAL AORTIC ANEURYSM IN ELDERLY PATIENTS,AND THE BIOETHICAL ISSUES THAT COULD GENERATE

Open repair is likely to be more cost-effective than EVAR on average in patients considered fit for open surgery. EVAR is likely to be more cost- effective than open repair for a subgroup of patients at higher risk of operative mortality. These results are based on extrapolation of mid-term results of clinical trials. But how does that affect on patients who are older than 80 years. Late survival depends very much on the patient＇s age at the time of surgery. The life expectancy in this group of patients who undergo successful Abdominal Aortic Aneurysm （AAA） open repair or EVAR is not as good as that of the age-matched general population. At this age, life expectancy is six years or more over patients who are older than 85 years, life expectancy is just five years. On the other hand, annual/one year risk of rupture in patients with AAA diameter six to seven cm is 10%-20%. At the same time, total cost of endograft implantation is at least 10,000 euro per patient, which is still extremely expensive for many countries in transition. Regarding all these facts, some countries （in transition） are forced to reassess ethical point of endovascular treatment. Simplified they haven＇t enough endografs for all patients. Vascular surgeon in this situation has need to decide how, when and who needs by priority this expensive graft. Of course, this is not medical question, but for sure question that encumbers vascular surgeons from countries in transition. Should we consider octogenarians as the first group of patient who will endure this problem？ How to decide who needs endograft as priority and who does not？ Finally, who is better candidate for endovascular, open surgical or medicament treatment from financial point of view？ These are just some of the questions, which are still open and encumber many vascular surgeons from countries with poorer healthcare system.     

SPORTS TOURISM DEVELOPMENT AND ITS REGULATION IN INDONESIA （STUDIES IN THE PROVINCE OF LAMPUNG）

The aims of this paper are to explain about the potency of sports tourism in Province of Lampung and the role of local government to manage it. Geographically, Province of Lampung has the potential exercise of this type, i.e., surfing on the West Coast which faced with the Indonesian Ocean. Sports＇ diving is currently developed in the Kiluan Bay in Pesawaran District. Research questions of this paper are.＂ How is the relationship with the organization of sports events tourism and economic potential？ And how is the role of local government in the implementation of the sport in their region？ This paper uses the literature study methods, so that the data obtained is secondary data. Literatures related to this paper include the official report and the study of literature related to sports and tourism. Conclusions of this paper are.＂ （1） Organizing sports tourism will increase local revenues, especially from the economic sector transaction turnover. An example of this is that the hotel occupancy rate increased with the sporting event. At the macro level, sports tourism impact multiplayer effect, i.e. for people who can catch the tourist potential opportunities, such as selling food （culinary）, and local souvenirs,＂ and （2） Local governments have a role in the development of sports tourism and tourist destinations, with plans in the local regulation. Local governments also play a role in building transport and communications infrastructure in the region as a tourist destination attraction. Tourism promotion should also be enhanced to introduce a tourist destination to the tourists.