国际商事仲裁中当事人意思自治领域的新发展——以《纽约公约》第5、6、7条的修改为中心

《纽约公约》是当今承认与执行外国仲裁裁决领域最具影响力的国际公约,自1958年生效以来,已经得到约140个国家的承认。《纽约公约》对促进国际经贸的发展作出了巨大的贡献,但在近半个世纪的适用实践中,它也暴露出一些不足,在某些方面还引起了较大的争议。本文从仲裁的本质出发,论述如何通过对《纽约公约》的修改,扩大当事人意思自治的范围,营造一个更有利于国际商事仲裁的环境。     

辩证法视域下中国生态文明的国际话语建构

环境问题既是一国内部亟待解决的重大问题,也是世界性难题。从普遍性与特殊性的辩证法视角切入,对中国生态文明建设的国际话语影响要素及其建构策略展开研究具有重要意义。中国生态文明的国际话语,是指中国语境下的生态文明理论话语不仅适用于本国发展,而且能够得到国际社会的理解、尊重和认同。建构一种具有国际普遍适用意义的生态文明理论话语,需要人类有足够的哲学智慧和开放的全球视野,形塑生态文明国际话语的批判性品格,强化生态文明国际话语的文化包容性,提升生态文明国际话语的实践性特色,为全球生态安全作出新贡献。     

《气候变化框架公约》履行的环境法解释与方案选择

《气候变化框架公约》及其议定书是人类应对气候变化所制定的总体规划和实施细则,但是,由于其和其他环境法公约一样具有环境法的"软法"特质,一些《气候变化框架公约》的履行机制出现了许多值得探究的边白。以"震慑型"方案还是"激励型"方案为主,需要从《气候变化框架公约》的履行理论切入,深入剖析,对此两种方案进行理论、实证博弈分析,得出《气候变化框架公约》履行方案的应有选择,为今后其他国际环境条约的履行提供相关指导。     

The Implementation of the UN Framework Convention on Climate Change in a Non-Party State: Taiwan

This article introduces the implementation of the Framework Convention on Climate Change in a non-Party state: Taiwan. It examines the reasons why Taiwan as a non-Party decided to voluntarily comply with the FCCC. The institutional and legal settings for an effective implementation, as well as the implementation strategies put forward by the Taiwanese academics and manifested by the government will be discussed. Critique of the implementation strategies pursued by the government, and external and domestic obstacles for an effective implementation will be investigated as well.     

A Proposal for a New Rule of Adverse Possession

In this paper, I propose a new rule of adverse possession whereby the occupier acquires title if the owner does not raise an objection to the occupation within the legal limitation and at the same time the owner himself has not met the legal standard of monitoring effort. I show that the proposed rule with suitably chosen legal standard of monitoring effort can improve efficiency relative to the current rule of adverse possession.     

Youth participation and agency in the United Nations Framework Convention on Climate Change

This article examines the participation and agency of young non-state actors (NSAs) in the United Nations Framework Convention on Climate Change (UNFCCC). It utilizes the constituency of Youth NGOs: YOUNGO, as a case study to examine the relationship between selection of participatory strategies, power sources (following Nasiritousi et al. in Int Environ Agreem Politics Law Econ 16(1):109–126, 2016), recognition and agency using ego and alter perceptions. It finds that young people’s selection of participatory strategies and power sources is shaped by the level of agency which they perceive to be available to them. When self-perception of agency is high, young participants offer constructive policy amendments which can lead to recognition and agency, though only within certain policy areas and the silos in which they are negotiated. When self-perception of agency is low, youth interpret this as lack of recognition, leading to efforts to assert their relevance and/or to challenge procedural legitimacy: neither of which are well received by decision-makers. In reality, several of the challenges faced by young participants are not structurally unique to their constituency; however, their lack of financial resources does hinder their ability to fully utilize modes of participation which previous studies have found to be beneficial to other NSAs, such as side-events. Financial constraints also restrict the ability of youth participants, many of whom are volunteers, to develop professional relationships with key actors over time, meaning that the level of agency developed by more established, better-resourced NSAs remains largely out of reach. These findings have implications for the understanding of NSA agency, which has previously been treated as homogeneous and raises further questions regarding procedural legitimacy of the UNFCCC and its role in mobilizing and empowering the next generation.     

The Framework Convention for the Protection of the Marine Environment of the Caspian Sea

The Framework Convention for the Protection of the Marine Environmentof the Caspian Sea, which concluded recently between Azerbaijan,Iran, Kazakhstan, Russia and Turkmenistan, is a great step onthe long path of rescuing the fragile Caspian Sea environmentdevastated by the economies of the coastal States, unsustainableexploitation of the non-living resources of the seabed and negativeimpact of illegal fishing. The Convention complies with allcurrent standards of modern international environmental lawand should be seen as a part of the progressive developmentof international legislation on environmental protection.     

Global Health Diplomacy as a Tool of Peace

There is no question that peace and health are inextricably linked. War affects human health through the direct violence of military arms and through the structural violence that leads to major interruptions of the socio-economic systems people use to address their health needs. Those disruptions are compounded by natural disasters and manifold vulnerabilities that force countries to divert economic resources from health services. Clearly war and violence are a public health concern. We argue here that not only can health be a bridge to peace, but as well, what the world is witnessing now is the emergence and growth of health diplomacy which can potentially become a robust medium for strengthening that nexus between health and peace.     

《租威海卫专条》研究

《租威海卫专条》是在英方“强迫”下签订的。在正式签约之前,英国人的“强迫”就已化为实际的“强占”了,在此情况下,条约内容只能是一方意志的表达。英租威海卫初期的抗英活动与中国官方的操纵有关。英租威海卫的性质并非“租借地”而是“割据地”。二十五年租期说既非《租威海卫专条》的文本规定也不符合条约原意,“合法”租期应当是七年。     

A One-Sided Proposal

Professor A. Ushakov's proposals are permeated with concern only for those who do not participate in the exchange and remain in the apartment, although, as a general rule, it is the families that exchange that are deserving of greater sympathy.