Lecture Notes in Education Psychology and Public Media

- The Open Access Proceedings Series for Conferences

Volume Info.

  • Title

    Proceedings of the 3rd International Conference on International Law and Legal Policy

    Conference Date

    2024-09-27

    Website

    https://www.icillp.org/

    Notes

     

    ISBN

    978-1-83558-415-6 (Print)

    978-1-83558-416-3 (Online)

    Published Date

    2024-06-24

    Editors

    Renuka Thakore, University of Central Lancashire

Articles

  • Open Access | Article 2024-04-30 Doi: 10.54254/2753-7048/53/20240009

    Navigating the Complexities of International Economic Law: Implications for Global Trade and Investment

    This paper explores the multifaceted landscape of international economic law and its profound implications for global trade and investment. Through a detailed examination of key legal instruments and treaties, including the World Trade Organization (WTO) agreements, Bilateral Investment Treaties (BITs), and Regional Trade Agreements (RTAs), the study elucidates how these frameworks shape the regulatory environment for international commerce. Central principles of non-discrimination, most-favored-nation (MFN) treatment, and national treatment are dissected to understand their practical application and impact on trade and investment flows. The role of international organizations in creating, enforcing, and shaping the norms and standards of global economic interaction is critically assessed. Furthermore, the paper delves into the legal challenges and strategic considerations businesses face in navigating international trade, investment protection, intellectual property rights, and the burgeoning digital economy. By examining case studies and practical implementations, the study highlights the dynamic interaction between legal frameworks and business strategy in the context of digital trade, data protection, and the use of digital currencies and blockchain in trade finance. This comprehensive analysis aims to provide insights into the evolving landscape of international economic law and offer strategic guidance for businesses and policymakers navigating these complexities.

  • Open Access | Article 2024-04-30 Doi: 10.54254/2753-7048/53/20240012

    Revolutionizing Sports Education: Harnessing Innovations and Technology for Enhanced Learning

    This paper explores cutting-edge innovations in sports education, focusing on active learning strategies, the flipped classroom model, gamification, differentiated instruction, and the integration of technology. Active learning methodologies, such as problem-based learning and cooperative learning, engage students in critical thinking and collaborative problem-solving, while the flipped classroom model prioritizes experiential learning and learner autonomy. Gamification principles add elements of competition and rewards to enhance motivation and engagement, while differentiated instruction tailors learning experiences to individual student needs. Furthermore, technology integration, including virtual reality simulations, wearable technology, and online learning platforms, revolutionizes sports education by providing immersive experiences, real-time performance monitoring, and personalized learning pathways. Through a comprehensive review and analysis, this paper elucidates the transformative potential of these innovations in optimizing student learning outcomes and preparing athletes for success both on and off the field.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240006

    An Economic Analysis of Adverse Possession Statutes -- The Case of China and Germany

    Adverse possession, a doctrine whereby a possessor of land who is not the true owner acquires title to the land without the consent or compensation of the "true" owner, while simultaneously appearing to be a trespasser's possession of the land adverse to the owner's interests from an economic perspective. This paper explores the economic implications of adverse possession statutes, focusing on China and Germany. It provides an overview of adverse possession, comparing relevant national laws, particularly those of Germany. Despite its economic efficiency, China has not established an adverse possession system. The analysis examines the current legislative status in China and explores inherent reasons for its absence. Evaluating the necessity for China to adopt such a system, potential problems are identified, including issues related to homeless individuals seizing property and challenges in replacing existing systems. However, the study highlights the economic benefits, such as enhancing transaction certainty reducing costs, and preventing errors through adverse possession.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240013

    Digital Trademarks in the Global Marketplace: Navigating Legal Landscapes and Technological Challenges

    In the era of digitalization, trademarks have evolved beyond their physical constraints, emerging as pivotal elements in the international market. They function not only as distinctive markers of products or services but also offer legal safeguarding for brands, aiding consumers in differentiating among various options. Trademarks symbolize the source and assure the quality of a product or service, playing a vital role in cultivating brand recognition and loyalty. Their forms are diverse, encompassing words, logos, slogans, sounds, and colors, all under the protection of intellectual property laws. This essay delves into the development and challenges faced by digital trademarks, underlining their significance in securing intellectual property in the online realm. It tackles the intricacies involved in the registration, management, and enforcement of digital trademarks against a backdrop of swift technological progress and the internet's absence of geographical limits. By examining legal frameworks, international accords, and the roles played by global organizations such as the World Intellectual Property Organization (WIPO), the essay sheds light on effective strategies for digital trademark protection. Registering a trademark grants exclusive usage rights and bars unauthorized use, thus mitigating confusion and safeguarding the brand’s integrity. Given that trademarks are jurisdiction-specific, international treaties play a critical role in extending protection across various nations, highlighting their importance for the global economy and maintaining consumer confidence. This thorough analysis offers perspectives on maneuvering through the digital terrain to protect the bra.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240016

    Research on Network Novel Infringement

    The rapid development of the Internet has brought great changes to our lives and has had a far-reaching impact on the law. In the context of the Internet, the network culture represented by network novels has gradually entered the historical stage and has become an important part of China's cultural system. However, with the continuous increase in the total number of online novels, copyright infringement cases of online fiction are also increasing. Especially in the present, China's legal system for the protection of copyright in network novels is still not perfect, and the infringement of copyright in network fictions continues to emerge. Clarifying the relevant legal relations of network novels is also an important premise to solve their dilemma. On the basis of explaining its concept, this paper analyzes the case, points out the existing problems based on practice, and finally puts forward constructive suggestions.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240022

    Analysis of the Board Oversight and Accountability Mechanism under UK Company Law

    This paper focuses on the legal framework and the effectiveness of the board oversight and accountability mechanism within UK company law, highlighting its importance and challenges in ensuring sustainable corporate development and protecting investor interests. UK company law aims to protect stakeholders by regulating directors' behaviour, addressing issues such as conflicts of interest and inadequate information disclosure that hinder effective supervision. As remedies, this study suggests enhancing training for board members, improving information disclosure, and incorporating independent directors to mitigate conflicts of interest and increase oversight transparency and efficiency. Through case analysis, this paper further explicates the implementation outcomes and challenges faced, providing references for corporate governance improvement. Ultimately, the research underscores that refining the oversight and accountability mechanisms is crucial to elevate corporate governance standards, fostering long-term corporate prosperity.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240007

    The Impact of the Great Rejuvenation of the Chinese Nation on the World: Taking the Belt and Road Initiative as an Example

    As China emerges in global affairs, the rise of China and the great rejuvenation of the Chinese nation have become one of the focal points on the international stage today. This paper takes the Belt and Road Initiative (BRI) as an example and deeply explores the impact of the great rejuvenation of the Chinese nation on the international community. The theory of the Thucydides Trap and the international attention sparked by China's rise are focused, and a combination of strategic research and literature review is employed to systematically analyze the initiative's performance from both strategic and cultural perspectives. The study finds that the BRI reflects China's multiple roles as a global economic participant and an advocate for international cooperation; meanwhile, it also triggers potential challenges of geopolitical competition and the Thucydides Trap. The conclusion emphasizes a profound understanding of the positive impact of the great rejuvenation of the Chinese nation on the world, providing wise references for the cooperation and stability of the international community. This research provides an in-depth and comprehensive perspective on the evolution of China's role in global perception.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240014

    Study on the Determination of the Nature of Trademark Dilution--Taking the "Lao Gan Ma Case" as an Example

    China's current legislation does not make clear provisions for the dilution of well-known trademarks, resulting in difficulties in identifying dilution cases in practice. One such notable instance is the "Lao Gan Ma" dispute, which serves as a telling example of this legal gray area. Consequently, it becomes imperative to delve into typical cases like the "Lao Gan Ma Case" to gain clarity on the disputed actions' legal nature, and then demonstrate how the dilution theory can be applied in the determination of specific cases. Utilizing the case study method, this paper aims to examine a particular case of trademark dilution in detail. The initial focus is on clarifying the concept of trademark dilution and its constituent elements of determination. This theoretical foundation is essential for accurately analyzing the nature of the complained-of infringing act. The significance of this paper is to theoretically solve the problem of determining the nature of dilution under the system of China's Trademark Law, to provide a reference for the determination of the same type of cases in the future, and hopefully to provide ideas for the future legislation on trademark dilution in China.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240020

    Research on the Progressiveness and Deficiency of Laws of the Twelve Tables

    The wheel of history rolls forward, leaving a profound mark on the land of ancient Rome. In this long history, Roman law, as the birthplace of Western civilization, has a far-reaching impact. Among them, the bloodshed between the aristocrats and the commoners is undoubtedly the most profound mark in Roman history. However, behind this mark is hidden a great law - the Laws of the Twelve Tables. Laws of the Twelve Tables is the earliest written law of ancient Rome, which had a profound influence on the development of the legal system of later generations. The birth of this law marked the transformation of Roman society from a tribal union to a centralized system, and laid the foundation for the later Roman Empire. This paper will assess the historical significance and impact of the Twelve Bronze Tables Law in light of contemporary legal theories. This will offer a fresh viewpoint and source of inspiration for future research on Roman legal history, help people around the world gain a better understanding of the principles and practices of the rule of law in ancient Rome, and serve as a helpful guide for the development of the rule of law in contemporary society.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240023

    Research and Institutional Construction of Corporate Compliance Administrative and Criminals Involved in the Case

    In the second half of the development of the compliance and rectification system for the companies involved in the case in my country, the poor connection between executions hindered the compliance and rectification system of the companies involved in the case from playing a greater practical role. The two main reasons for the dual illegality of the corporate administrative offenders involved and the independence of our country's execution agencies make the connection of executions a unique practical problem in China. In the illegal investigation, case filing, investigation and prosecution, as well as the compliance extension stage after the end of the criminal process, there are institutional gaps in the connection between executions. Existing problems can be solved one by one by promoting execution agencies to strengthen exchanges and cooperation in the stages of illegal investigation, reconnaissance, review and prosecution, mutual recognition of compliance results, relay compliance rectification, optimizing third-party mechanisms and attaching importance to big data empowerment.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/53/20240038

    The Dilemma and Practice of Anti-monopoly Law Regulation in the Digital Economy Era

    The digital economy has emerged as a significant catalyst for worldwide economic expansion. Nevertheless, as the digital economy continues to flourish, the issue of monopoly it brings is becoming more and more important. Certain online platforms engage in predatory pricing and discriminatory practices, undermining fair competition in the market, harming consumer rights and interests, and impeding the healthy growth of the economy. This paper uses the research methods of literature analysis and literature review to explore the theoretical and technical challenges encountered by the anti-monopoly law in the context of the digital economy era, and puts forward proper recommendations for improvement according to its limitations by analyzing the existing anti-monopoly case practices. This study aims to identify effective regulatory measures and recommendations that can offer robust legal protection for the sustainable growth of the digital economy. At the same time, it is anticipated that this study will promote the improvement and development of the anti-monopoly law in the field of digital economy, and contribute wisdom and strength to the construction of a more fair, open and orderly market competition environment.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240008

    Research on the Differences Between the Laws Designed to Protect Brands and Traditional Trademark Laws

    Brand protection is an important and challenging issue in the contemporary market, as brands are valuable and influential intangible assets that create and sustain competitive advantage. However, there is a lack of a clear and comprehensive legal category that can adequately address the diverse and complex aspects of brand protection. This paper aims to explore how a law designed to protect brands might differ from traditional trademark law, which mainly focuses on the registration and protection of distinctive signs that identify the source and quality of goods or services. The paper adopts a qualitative and comparative approach, using online sources, such as web articles, research papers, and guides, as well as examples of famous brands and cases, to illustrate and analyze the possible ways, characteristics, challenges, and benefits of brand protection. The paper concludes that brand protection is a useful or viable legal category that recognizes and respects the value and importance of brands as intangible assets that create and sustain competitive advantage in the market, adapts and innovates to changing market trends, consumer preferences, and competitive forces, and harmonizes and cooperates with the existing trademark laws and standards across different countries and regions.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240019

    Self-Preservation and Salvation: How Democracy Functions in a Disenchanted World

    The concept of "disenchantment" (Entzauberung) was first mentioned by the famous German poet Johann Christoph Friedrich von Schiller in his poem The Gods of Greece. In the poem, he mentioned that the gods in mythology ruled over man and all creatures, the world was full of beauty and love, and all things performed miracles. When Christ God became the only God, the miracles faded, and mankind was lost. Disenchantment theory and democratic institutions are central to Max Weber's theory. On the basis of combining the two, this paper studies how democracy functions in a disenchanted world from two perspectives: self-preservation and salvation. Findings suggest that democracy can inject some elements of quasi-charisma into an otherwise spiritually deadened situation. In a post-disenchantment world, a democratic system led by a strong leader will save people's spiritual world in a mutually empowering way through both self-preservation and salvation. Self-preservation within democracy signifies individuals' expression of free will through leader selection. Salvation in democracy entails placing trust in elected leaders to bring about happiness and national prosperity.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240032

    Research and Analysis on Policy Governance Based on Traffic Congestion in Beijing

    This paper proposes three-game models to improve Beijing's traffic environment through the analysis method of game theory. First, the author examines the impact of improving drivers' moral character on alleviating traffic congestion. Second, this paper focus on the role of improving the public transportation environment in reducing road stress. Finally, this research examines the possibility of mitigating traffic congestion through a reward-punishment system. Comprehensive analysis of the results of these three game models, this paper conclude that a single policy of license restriction and traffic restriction is not enough to solve the traffic congestion problem in Beijing, and multiple policy measures need to be considered comprehensively. However, these policy measures also face some challenges and limitations, including time and education investment, people's travel needs and transportation network layout, and the design and implementation of the reward and punishment system. Therefore, future research and policy development need to further explore these issues and find more comprehensive and feasible policy solutions. Finally, this article recommends that the Beijing Municipal Government comprehensively consider the results of different game models and formulate comprehensive policy measures based on the actual situation, including improving road transportation facilities, encouraging green travel methods, and promoting intelligent transportation systems. Through these efforts, it is expected to improve Beijing's traffic environment, enhance citizens' travel experience, and achieve the goal of sustainable urban transportation.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240024

    Game Study on Morning Peak Road Congestion Problem

    The morning peak road congestion problem has always been a hot issue in urban traffic management. Road congestion during the morning peak not only affects the travel efficiency of travelers, but also has a serious negative impact on the urban environment and economic development. This article starts from the perspective of game theory and focuses on the problem of road selection. This article considers government supervision and builds a game model from the two game subjects of the driver and the traffic controller. This article analyzes the relationship between the driver and the driver, the driver and the traffic controller. This paper studies the impact of traffic time, whether the driver investigates in advance, and whether the traffic commander conducts road command on the stable strategy of the driver's road choice game. The research results of this article show that drivers and drivers can achieve Nash equilibrium by choosing different roads, and drivers adopting collaborative strategies during the morning peak period can effectively alleviate road congestion. Under the condition of ensuring the cost of arranging traffic commanders for drivers and the government, drivers can investigate the road in advance and traffic commanders can direct road 2, which can effectively promote the smooth operation of the traffic system. At the same time, this article puts forward targeted policy suggestions, aiming to optimize the allocation of transportation resources, improve road traffic efficiency, reduce morning peak road congestion, and provide scientific reference and decision-making support for urban traffic management.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240035

    Evolutionary Game of Fertility Desire of Women of Childbearing Age

    In recent years, China's fertility rate has shown an obvious downward trend, which has aroused people's widespread concern. As social attitudes change, some women's concepts of childbearing also change and they don’t want to have children too early. This paper constructs a game model between the government and women of childbearing age who don't want to have children and explores the effects of economic subsidies, psychological benefits, and job security brought by the government's policies to one-child or two-child families on the fertility desire. Through the study, it was found that current domestic fertility policies have not been effective in promoting higher fertility rates. The pure strategy Nash equilibrium obtained by the line drawing method is a strategy in which the government push fertility policies and women choose not to have children. In order to effectively increase the fertility rate, on the basis of increasing subsidies, the government should guide women who have not given birth to a correct view of fertility and provide women who have given birth to one child with more economic subsidies and employment guarantees.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240010

    Assessing the Copyright Infringement Risk of Generative AI “Created” Works

    The rapid evolution of the Internet and big data technology has ushered in significant advancements in data production and utilization. However, this progress has brought to the forefront the intricate issue of copyright protection. This is particularly evident with the widespread adoption of generative artificial intelligence (AI), where concerns regarding data source protection, data processing standards, and the boundaries of data application have garnered considerable attention from both academia and industry. Big data mining techniques coupled with generative AI algorithms offer robust support for data collection and processing, but they also introduce risks of data infringement and pose challenges regarding algorithmic compliance and ownership rights over generated works. Addressing these issues is imperative. This paper recommends enhancing legal compliance standards throughout each stage of the generative AI process, recalibrating the scope of acceptable copyright use, and establishing a regulatory framework for generative AI works. These measures are crucial for fostering the sustainable and orderly advancement of the generative AI industry.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240036

    The Application of Game Theory in Engineering Project Management

    The coexistence of conflict of interest and cooperation are two of the most significant characteristics in the process of construction project management. To maximize their interests, all parties involve and restrict each other in the process of management, resulting in the phenomenon of information asymmetry between Party A and Party B, passive slacking of contractors, project quality defects, and project claims in the process of project management. By applying game theory to the construction of engineering projects, it can facilitate managers from all parties to choose better decisions, thereby further improving the level of engineering management and expanding their own profits. Starting from the basic concepts of game theory and engineering project management, this article focuses on three perspectives: project bidding stage, construction stage, and engineering claim stage. It analyzes the game between owners and contractors under incomplete information conditions and concludes that both parties should realize the sharing of information resources and strictly abide by the principle of engineering contract equality. Several suggestions related to engineering project management are also proposed.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240011

    Research on Business Contracts and Legal Regulations

    In today’s business environment, commercial contracts serve as important tools for regulating business activities, and their binding force and enforcement mechanisms are essential for the stability of business transactions. However, the complexity of commercial contracts often leads to various challenges, including contract interpretation, performance, and dispute resolution. Against this background, the research centers on the following questions. What are the challenges in drafting and enforcing commercial contracts? How effective are legal rules in constraining and protecting commercial contracts? What are the legal protection and risk management strategies of parties involved in commercial contracts? By conducting an in-depth study of these questions, this study examines the relationship between commercial contracts and laws and regulations, with a particular focus on the complexity of commercial contracts. As such, the paper aims to provide practical recommendations for strengthening the legal framework of commercial contracts and promoting the effective protection of the interests of all parties in business transactions.

  • Open Access | Article 2024-05-13 Doi: 10.54254/2753-7048/53/20240015

    Balancing Act: The Dual Role of Military Alliances in Contemporary International Relations

    This paper critically examines the dual role of military alliances in contemporary international relations, particularly focusing on their impact on global stability and regional cooperation. By analyzing historical and modern examples, including NATO and the interactions among the United States, China, and Russia, the study elucidates how military alliances have transitioned from Cold War security mechanisms to multifaceted entities confronting today's geopolitical complexities. It delves into the security dilemmas alliances face, their strategic contractions, and the unique challenges posed by China's ascendancy and the ongoing Russia-Ukraine conflict. The paper underscores that while these alliances are pivotal in upholding global order, they also generate substantial obstacles to regional cooperation, especially in East Asia. This dichotomy is evident in the alliances' evolution, which reflects a shift from primarily defensive postures to roles that encompass economic and diplomatic dimensions, influencing regional dynamics and power balances. This paper demonstrates the various differences and contradictions between today's military alliances and regional cooperation, including contradictions in mechanisms, differences in concepts, overlaps in functions, and conflicts of practical interests. The findings advocate for a reassessment of military alliances, suggesting that future frameworks should foster trust and inclusivity, accommodating the diverse interests of regional actors to enhance cooperative security and stability.

Copyright © 2023 EWA Publishing. Unless Otherwise Stated