Suchergebnisse

In this paper, I first investigate rights of nature legislation in Ecuador and Bolivia, namely the Constitution of the Republic of Ecuador 2008, Bolivia Law of the Rights of Mother Earth 2010, and the Framework Law of Mother Earth and Integral Development for Living Well 2012. I apply a two-pronged analytical approach to these legal texts, which investigates the characteristics of such rights and the logic of the supporting reasoning. By reading into the legal texts, I argue that: (a) the characteristic of rights of nature as codified in these legislation is human (fundamental) rights; and (b) the main reasoning to support such right-status is spiritual reasoning that is largely based on the indigenous cosmovision. I then turn to some iconic declarations on human rights and natural rights theories, which shows the concept of "human rights" is almost impenetrable when it comes to the idea of "human". I conclude this paper by indicating that in order to give rights of nature a solid ground in our current legal systems, we have to rethink the ground of human rights.

In this paper, I first investigate rights of nature legislation in Ecuador and Bolivia, namely the Constitution of the Republic of Ecuador 2008, Bolivia Law of the Rights of Mother Earth 2010, and the Framework Law of Mother Earth and Integral Development for Living Well 2012. I apply a two-pronged analytical approach to these legal texts, which investigates the characteristics of such rights and the logic of the supporting reasoning. By reading into the legal texts, I argue that: (a) the characteristic of rights of nature as codified in these legislation is human (fundamental) rights; and (b) the main reasoning to support such right-status is spiritual reasoning that is largely based on the indigenous cosmovision. I then turn to some iconic declarations on human rights and natural rights theories, which shows the concept of "human rights" is almost impenetrable when it comes to the idea of "human". I conclude this paper by indicating that in order to give rights of nature a solid ground in our current legal systems, we have to rethink the ground of human rights. ; En este artículo, doy cuenta en primer lugar de la legislación sobre derechos de la naturaleza en Ecuador y Bolivia, a saber, la Constitución de la República del Ecuador de 2008, y las leyes de derechos de la Madre Tierra de 2010 y la ley Marco de la Madre Tierra y Desarrollo Integral para Vivir Bien de 2012 en Bolivia. Se aplicó un doble enfoque analítico a estos textos jurídicos, con el propósito de investigar las características de tales derechos y la lógica de razonamiento que los apoya. 146 Como resultado del doble análisis realizado, en segundo lugar, sostengo que: (a) lo que caracteriza la codificación de los derechos de la naturaleza en estos textos jurídicos son los derechos humanos (fundamentales); y que (b) el principal razonamiento para apoyar dicho estatus de derechos es uno de tipo espiritual basado en gran medida en la cosmovisión indígena. En tercer lugar, presento algunas declaraciones icónicas sobre los derechos humanos y las teorías de los derechos naturales, que muestran que el concepto de "derechos humanos" es casi impenetrable cuando se trata de la idea de lo "humano". Concluyo este artículo indicando que para dar a los derechos de la naturaleza una base sólida en nuestros sistemas legales actuales, tenemos que repensar la base de los derechos humanos.

En este artículo, doy cuenta en primer lugar de la legislación sobre derechos de la naturaleza en Ecuador y Bolivia, a saber, la Constitución de la República del Ecuador de 2008, y las leyes de derechos de la Madre Tierra de 2010 y la ley Marco de la Madre Tierra y Desarrollo Integral para Vivir Bien de 2012 en Bolivia. Se aplicó un doble enfoque analítico a estos textos jurídicos, con el propósito de investigar las características de tales derechos y la lógica de razonamiento que los apoya. Como resultado del doble análisis realizado, en segundo lugar, sostengo que: (a) lo que caracteriza la codificación de los derechos de la naturaleza en estos textos jurídicos son los derechos humanos (fundamentales); y que (b) el principal razonamiento para apoyar dicho estatus de derechos es uno de tipo espiritual basado en gran medida en la cosmovisión indígena. En tercer lugar, presento algunas declaraciones icónicas sobre los derechos humanos y las teorías de los derechos naturales, que muestran que el concepto de "derechos humanos" es casi impenetrable cuando se trata de la idea de lo "humano". Concluyo este artículo indicando que para dar a los derechos de la naturaleza una base sólida en nuestros sistemas legales actuales, tenemos que repensar la base de los derechos humanos ; In this paper, I first investigate rights of nature legislation in Ecuador and Bolivia, namely the Constitution of the Republic of Ecuador 2008, Bolivia Law of the Rights of Mother Earth 2010, and the Framework Law of Mother Earth and Integral Development for Living Well 2012. I apply a two-pronged analytical approach to these legal texts, which investigates the characteristics of such rights and the logic of the supporting reasoning. By reading into the legal texts, I argue that: (a) the characteristic of rights of nature as codified in these legislation is human (fundamental) rights; and (b) the main reasoning to support such right-status is spiritual reasoning that is largely based on the indigenous cosmovision. I then turn to some iconic declarations on human rights and natural rights theories, which shows the concept of "human rights" is almost impenetrable when it comes to the idea of "human". I conclude this paper by indicating that in order to give rights of nature a solid ground in our current legal systems, we have to rethink the ground of human rights.

The relationship between China and international human rights law (IHRL) is an often-discussed issue that nonetheless remains peripheral from an academic perspective. The reason that it is often discussed has to do with China's rapid rise to its global superpower status—economically, politically, militarily, and (in a way) culturally. It remains 'peripheral', however, insofar as the common approach situates China as an outlier in the international legal order that must be treated differently. It is this commonly held point of view that first prompted this study. This research focuses investigates particular reasoning–based arguments offered by China in constructive dialogue on specific topics (i.e. interpretation, reservation, sovereignty, and treaty implementation). The purpose of conducting this investigation is first and foremost to examine the justifiability of China's arguments—that is, to identify those arguments that are in fact justifiable from the point of view of the human rights treaties to which China is a party, along with other human rights instruments it adheres to, versus those arguments that indeed deviate from IHRL. Therefore, it aims to give China's arguments a fair examination. Moreover, by investigating the arguments in constructive dialogue between China and human rights treaty bodies over time, this research also expounds the relationship between China and the international human rights legal order. In Part I of this study, I consider the question of what counts as a good argument in constructive dialogue. I begin by identifying the characteristics of constructive dialogue by comparing it with legal arguments in the courtroom, which helps me to develop criteria for determining what counts as a justifiable argument in constructive dialogue--a justifiable argument has to be legally justifiable and dialogically constructive. I then investigate the interpretation rules for international treaties in general and IHRL in particular. Finally, I articulate the concept of particular reasoning and its implications for legal argumentation in constructive dialogue. In Part II, I investigate arguments that employ particular reasoning under the four topics identified above. A representation and reconstruction of the arguments is then carried out, in chronological order. The main materials for my analysis are summary records. This research could be situated in three broader debates, namely the relationship between China and international human rights legal regime, the universality versus relativity of human rights, and the (in)determinacy and objectivity of the IHRL. One key observation of this study is: the committees have a greater impact on China than China has on the committees. Specifically, when it comes to topics on which China does not hold a strongly oppositional position, the legally justifiable and dialogically constructive arguments from the committees are very likely to make a positive impact on the process, whereas un-justifiable or non-constructive arguments do not have this effect, or even affect the process negatively. Moreover, this research reveals that the relationship between China and IHRL is rather complicated and may sometimes seem like it has reached an impasse. Nevertheless, it also shows that there is a systemic dialogue between China and the treaty bodies, which has generally improved over time (especially on China's part). The fact that China has made an effort to offer justifiable or constructive arguments implies that it is adapting to the 'rightness' of the rules and principles of IHRL. This adaption to the 'rightness' of the regime is, in my view, a process of institutionalisation. In other words, despite its relatively poor compliance record (as some scholars, NGOs, or states hold), China does consider itself subject to the international human rights treaty regime. At last, I suggest that when it comes to IHRL, it is probably the time to go back to basics by taking the legal characteristics of IHRL and argumentation seriously, because forgetting them is as (if not more) dangerous than lack of imagination.

AbstractHuman cognition affects the result of symbolic activity. Evidentiality is a linguistic concept which encodes the source of information and expresses the attitude and confidence of speaker. This paper collects 31 judgments from the Supreme People's Court (SPC) and local people's courts in the People's Republic of China (P.R.C) as the research corpus, and analyzes the evidentiality in four aspects: information source, lingual form, evidential function and speaker's attitude of the information. It is found in this study that: 1) The information sources are divided into four types as cultural belief, sensory experience, verbal rumor and inferential hypothesis; 2) Lingual form consists of three categories: vocabulary, phrase and compound sentence; 3) Evidentiality in court judgments performs four functions: support with citation, induction with description, paraphrase with less responsibility and summarization with reasoning; 4) The reliability of evidentiality presents a two-tier structure based on different information sources. From the perspective of Peirce's semiotics, the paper analyzes the judicial practice of court judgments with actual data and proposes some suggestions.

AbstractAs the severity of global climate change escalates, carbon peak and carbon neutrality have emerged as international imperatives. Green taxation, a crucial fiscal strategy promoting the transition to a green low-carbon economy, demands thorough investigation regarding its efficacy and operational mechanisms. Predominantly, existing research has concentrated on the macroeconomic implications of green taxes, while their influence on regional green growth and innovation remains underexplored. This paper delineates green taxation in both a broad and narrow sense, elucidating its essence and potential in stimulating regional green progress and innovation. Utilizing panel data from 30 provinces in China spanning 2004 to 2021, a bidirectional fixed-effects model was developed for empirical analysis. Moreover, an impact mechanism model was constructed to delve into how green taxation specifically affects regional green development and innovation. Findings reveal that green taxation significantly fosters regional green growth and markedly enhances green innovation. Nonetheless, due to the resource crowding-out effect, it adversely impacts the comprehensive innovation capabilities of regional enterprises. This insight offers a fresh perspective on the paradoxical effects of green taxation, underscoring the necessity for a balanced approach in policy design and implementation. Drawing on these conclusions, the paper presents tailored policy recommendations.

Today, with the rapid development of China's economy, leadership is an important factor in promoting the progress of enterprises. And leadership traits accompanied by the complexity of gender differences further affect organizational climate and business performance. In the traditional concept, men are more inclined to be leaders because they have some stereotyped leadership traits that people think leaders should have, but with the advance of modernization in open innovation, this stereotyped impression has gradually changed. Many modern scholars with open and innovative thinking believe that the characteristics of masculinity are no longer applicable to the contemporary market and working environment, but feminization and neutralization are more welcomed by most employees. The purpose of this survey is to clarify the performance of leadership traits reflected in gender differences among personnel in the Internet promotion service industry in Guangdong Province, China. This includes comparing the leadership traits of the physiological and psychological gender self-assessment of all participants (leaders and non-leaders) and all leaders. Here, Independent-Samples T-Test and One-Way ANOVA in SPSS are implemented in data analysis. The results show that about 1/3 of the 34 leadership traits were significantly different in physiological gender, but few traits were significantly different in psychological gender.

AbstractThe commuting cost has increased inevitably under the background of industrialization and urbanization, which has vital impacts on daily life. In this paper, we implement an empirical study to explore the impact of commuting time on hedonic consumption and the underline mechanism of perceived stress based on the data of CFPS 2014 (a national social tracking survey project). The Tobit regression combined with the Heckman two‐stage model is applied to correct the sample selection bias. The results show that the increase in commuting time will aggrandize residents' tendency and expenditure of hedonic consumption. Moreover, we conduct situational experiments as a supplement to verify the main effect and mediation mechanism to exclude alternative explanations. The mechanism analyses prove that the perceived stress caused by long commuting time is a possible mediator for hedonic consumption. This study enriches the relative studies on social influences of commute, especially proving that this social issue may provide some benefits for business practice.