Rule of Law and Media in the Making of Legal Identity in Urban Southern China

2021 ◽  
Author(s):  
Dodom Kim
Keyword(s):  
National Security ◽  
Rule Of Law ◽  
Large Scale ◽  
Southern China ◽  
Urban Redevelopment ◽  
People's Republic Of China ◽  
The Rule Of Law ◽  
Republic Of China ◽  
Legal Identity ◽  
Critical Scrutiny

As the People’s Republic of China expands its reach into all corners of the globe, the rule of law in China has been subjected to unprecedented critical scrutiny, especially after protests against Hong Kong’s extradition bill broke out in the summer of 2019 and the national security law was introduced in the following year. Under present conditions, in which suspicion of China is widespread among outside observers, what questions can we ask to gain a productive understanding of China’s laws? With this broad question in mind, this chapter turns to a group of tenants facing a large-scale urban redevelopment project—i.e. evictions and demolition—in the prosperous metropolis of Shenzhen, China. In tracing the online and offline conversations of tenants making demands (suqiu) to resolve the problem of schooling for their children, it examines how law-invoking communication and ideas about law circulate and shape aggrieved tenants’ legal identities and fields of action.

scholarly journals ANTI-CORRUPTION STRATEGY: THE EXPERIENCE OF THE RUSSIAN FEDERATION AND THE PEOPLE’S REPUBLIC OF CHINA

2016 ◽  
pp. 0-0
Author(s):  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Russian Federation ◽  
People’S Republic Of China ◽  
Positive Experience ◽  
People's Republic Of China ◽  
The Rule Of Law ◽  
Republic Of China ◽  
Legal Space ◽  
The Russian Federation

The article deals with the strategy of anti-corruption on the example of Russian Federation and the People’s Republic of China. The author conducts a comparative analysis of the strategies developed in Russia and China, considering the appropriate anticorruption practices. The author concludes that the anti-corruption strategies in these countries have some common approaches, but there are significant differences in applying approaches, for example, there are great opportunities for incorporation of information and telecommunication technologies in the law enforcement practice of the Russian Federation, taking into account the positive experience of the People’s Republic of China. Also the experience of China is very interesting in the discourse of the rule of law, inevitability of punishment and the absence of selective justice against corrupt officials. In turn, for the Chinese experts can be interesting the experience of the institutionalization of anti-corruption efforts, which is reflected in anti-corruption plans, which are developing and adopting twice a year in a legal space of the Russian Federation.

People’s Republic Of China: Taxation And The Rule Of Law

2021 ◽  
Author(s):  
Richard Pomp ◽  
Jinyan Li ◽  
Minoru Nakazato ◽  
Frans Vanistendael
Keyword(s):  
Rule Of Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
The Rule Of Law ◽  
Republic Of China

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region

2020 ◽  
pp. 1-17
Author(s):  
Simon N.M. Young
Keyword(s):  
Hong Kong ◽  
National Security ◽  
Chief Executive ◽  
People’S Republic Of China ◽  
Special Administrative Region ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Administrative Region ◽  
Basic Law ◽  
The Law

The Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (NSL) was passed on June 30, 2020 by the Standing Committee of the National People's Congress (NPCSC). It did not have immediate direct effect in the Hong Kong Special Administrative Region (HKSAR). After consulting the Committee for the Basic Law of the HKSAR (BLC) and the Government of the HKSAR (HKSARG), the NPCSC added the NSL to Annex III of The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) before the Chief Executive of the HKSAR (Chief Executive) promulgated the NSL for local application. All this happened on June 30, enabling the NSL to enter into force at 11 p.m., just ahead of the twenty-third anniversary of the establishment of the HKSAR on July 1, 2020.

Prosecutors and National Security

2021 ◽  
pp. 538-558
Author(s):  
Kent Roach
Keyword(s):  
Human Rights ◽  
National Security ◽  
Rule Of Law ◽  
Ethical Challenges ◽  
Criminal Cases ◽  
The Rule Of Law ◽  
The Third ◽  
Relative Rarity ◽  
The Many ◽  
Operational Aspects

This chapter examines the distinct operational and ethical challenges that prosecutors face in national security and especially terrorism cases. The second part of this chapter focuses on the operational challenges that prosecutors face. These include demands for specialization that may be difficult to fulfill given the relative rarity of national security prosecutions; the availability of special investigative powers not normally available in other criminal cases; exceptionally broad and complex offenses; and the demands of federalism and international cooperation. The third part examines ethical and normative challenges that run throughout the many operational aspects of the prosecutorial role in national security cases. These include the challenges of ensuring that often exceptional national security laws are enforced in a manner consistent with the rule of law and human rights. There are also challenges of maintaining an appropriate balance between legitimate claims of secrecy and legitimate demands for disclosure and between maintaining prosecutorial independence and discretion while recognizing the whole of government and whole of society effects of the many difficult decisions that prosecutors must make in national security cases.

NECESSITY, FEASIBILITY, AND CHOICE OF WAY OF INTEGRATING THE GREATER EURASIAN PARTNERSHIP AND THE INITIATIVE CALLED “ONE BELT, ONE PATH”

2021 ◽  
pp. 109-116
Author(s):  
Huirong Zhao ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Eurasian Continent ◽  
Large Scale Integration ◽  
The Russian Federation ◽  
Scale Integration ◽  
Political Economic

The article covers the combination of two large-scale integration projects, the Great Eurasian Partnership (Russian Federation) and the initiative called One Belt, One Path (People’s Republic of China). Following the joint statement of the People’s Republic of China and the Russian Federation dated 5 June 2019, which sets out the fundamental provisions of a comprehensive partnership and strategic interaction between the two countries, the author states that the cooperation between Russia and China is conditioned by a number of the political, economic, cultural, and geographical factors; that it can bring tangible benefits not only to Moscow and Beijing, but to almost the entire Eurasian continent, as well as stabilise the global situation. However, in the process of their interaction Russia and China constantly encounter various obstacles, which manifest themselves at the bilateral, regional, and global levels and significantly slow down the implementation of joint projects, which are mutually beneficial. In this work, the author proves that the cumulative intensifying effect on the cooperation between Russia and China can be provided by the strategy of “pairing” integration projects of Russia and China, which the parties have been implementing quite consistently and steadily since 2014.

scholarly journals Obama's National Security Exceptionalism

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
United States ◽  
National Security ◽  
Rule Of Law ◽  
The United States ◽  
International Norms ◽  
Global Community ◽  
The Rule Of Law ◽  
War Criminals ◽  
The World ◽  
International Obligations

Published: Sudha Setty, Obama's National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016).This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the rule of law when it comes to national security matters.

scholarly journals RELEVANT PRINCIPLES IN THE ECHR AND CJEU JURISPRUDENCE REGARDING NATIONAL SECURITY

2021 ◽  
Vol 10 (2) ◽  
pp. 89-95
Author(s):  
Sorina Ana Manea
Keyword(s):  
National Security ◽  
Rule Of Law ◽  
Personal Data ◽  
Executive Branch ◽  
The Rule Of Law ◽  
Intelligence Services ◽  
European System ◽  
Protection Of Human Rights ◽  
And Storage ◽  
Mass Surveillance

The European system ensuring the protection of human rights is nowadays one of the most advanced in the world. However, there are also areas of activity where clarification and improvement are constant demands. Counter-terrorism measures considered or adopted in Europe, in particular those that increase mass surveillance, the collection and storage of electronic information or the protection of personal data are such areas. Some of these measures give more intrusive powers to the intelligence services to channel decisions in the direction of the executive branch, without the necessary judicial guarantees being established in a state governed by the rule of law.   Keywords: community law; ECHR; CJUE; national security.

scholarly journals The Rule of Law and National Security in Nigerian Democracy: A Contemporary Issue under the Aegis of International Law

2021 ◽  
Vol 7 (2) ◽  
pp. 148-168
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
National Security ◽  
International Law ◽  
Rule Of Law ◽  
Freedom Of Speech ◽  
Limiting Factor ◽  
The Rule Of Law ◽  
It Impacts ◽  
Contemporary Issue ◽  
The People ◽  
The Government

Although brutality can repress a society, it never assures the sustainability of that conquest. Tyranny steers the hopeless to despair, edges to rebellion, and could open the door for a new tyrant to rise. Law becomes a limiting factor that must act as a stopgap to the avaricious intentions of a dictator. A democratic leader must incorporate the supremacy of the law and honest officials into his government. He shall also create courts of law, treat the poorest citizens with fairness and build a hall of justice to bring the society to modernity with the operation of the rule of law enshrined in the constitution. Legislation is nothing without enforcement and Law is no law if not accepted and respected by the people. The rule of law cannot be said to be working in a country where the government continues to violate the orders of the court, unlawfully detain its citizens, abuse human rights including arbitrary and extra-judicial executions, unlawful arrests and detentions, embargo on freedom of speech and press, impunity and inhumane torture, degradation of people or exterminations. This treatise will argue on the supremacy of the “Rule of Law” as it impacts Nigerian democracy. Keywords: Rule of Law; Democracy; Judiciary; Supremacy; Government; Tyranny; Nigerian Constitution

Should the Law Condone Unauthorized Disclosures?

2016 ◽  
Author(s):  
Rahul Sagar
Keyword(s):  
National Security ◽  
Rule Of Law ◽  
Regulatory Mechanism ◽  
The Rule Of Law ◽  
The Law ◽  
Unauthorized Disclosure

This chapter examines whether the law ought to condone unauthorized disclosures of classified information. The features that make the unauthorized disclosure of classified information an effective and credible regulatory mechanism are the very same ones that raise concerns about its lawfulness and legitimacy. Because such disclosures override the classification decisions made by officials responsible for national security, our reliance on them seems to conflict with our commitment to the rule of law and the norms of democracy. The chapter explains what the law has to say about unauthorized disclosures of classified information and shows that the law is not favorably disposed toward the official responsible for making the unauthorized disclosure. It also argues against revising the law to take account of the fact that unauthorized disclosures can allow lawmakers and citizens to become aware of misconduct that would otherwise be shielded by state secrecy.

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