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

    978-1-83558-473-6 (Print)

    978-1-83558-474-3 (Online)

    Published Date

    2024-06-24

    Editors

    Renuka Thakore, University of Central Lancashire

Articles

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240029

    Research on the Development and Construction of Confucius Institutes in Portugal under the Belt and Road Initiative

    The Belt and Road Initiative (BRI) was proposed by President Xi Jinping during his visits to Central Asia and Southeast Asia in 2013, advocating for collaborative development with countries along the route. Spanning across the continents of Asia and Europe, the Indian Ocean, and the western Pacific, the BRI involves 64 countries with a total population of over 3 billion and a combined GDP accounting for nearly 20% of the global economy, holding significant strategic importance. Historically, the BRI serves not only as a platform for commercial trade but also as a medium for cultural exchanges among the countries along its route. In reality, embracing cultural diversity aligns with the collaborative development goals of the BRI, promoting cultural and civilizational exchanges among nations, achieving holistic cultural complementarity, and fostering social harmony and development. In recent years, Chinese language education has been included in the educational systems of European, Latin American, and African countries alongside languages such as French, Russian, and Spanish. In the context of increasingly integrated global interests, Chinese language education has gained more attention. To internationalize and diversify Chinese language education, the term “Confucius Institute” was coined. Drawing on international experience, the Chinese government has established numerous Confucius Institutes and classrooms overseas. Among them, Portugal is one of the European countries with the closest cooperation with China in education, language, and humanities. With the comprehensive development of Sino-Portuguese relations, more opportunities have arisen for Sino-Portuguese language and cultural exchanges, expanding the development prospects of Confucius Institutes. Currently, the four main Confucius Institutes jointly established by major universities in Portugal are: Minho University Confucius Institute, University of Lisbon Confucius Institute, University of Aveiro Confucius Institute, and University of Coimbra Confucius Institute. Each Confucius Institute has its own educational positioning, such as providing basic Chinese language teaching, training Chinese language teachers, improving Chinese language teaching resources, and organizing Chinese cultural exchange activities, providing Portuguese students with a platform for learning Chinese language and culture.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240030

    Analysis on Motivation of a State with no Direct Conflict of Interest in an Application in the International Court of Justice

    Recently, the cases that a state with no direct conflict of interest filed an application to the International Court of Justice (ICJ) have raised intensive discussions among international society. This research focuses on the motivation of these applicant states. Through analyzing 6 cases classified in this sort from various angles, and considering the historical background and political environment of the applicant states, it is found that the motives can be concluded as public interest and applicant states’ interest. The latter covers the pursuit of diplomatic obligation, global attention, alignment of domestic attitude and implementation of the ideology, and better international environment as well as reputation. These motives have close internal interaction, and are highly influenced by diverse domestic and international situations, which can serve as supports or catalysts of the filing of some applications. This article also discusses the development during these 14 years of all motives, and predicts their application in the near future.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240075

    Constructing the Image of a New Leading State: Leveraging Chinese Underwater Archaeological Heritage Development and Protection for Heritage Diplomacy

    Heritage diplomacy has gained prominence as a strategy for strengthening diplomatic ties and enhancing national image. This paper examines the intersection of heritage diplomacy and underwater archaeological development, specifically within China’s involvement. While heritage diplomacy holds the potential for cultural exchange and cooperation in heritage preservation, its political utilization raises ethical concerns. Chinese scholars often overlook the significance of material culture in diplomacy, and cultural heritage experts focus more on preservation principles than international cooperation. This study emphasizes the role of heritage diplomacy in underwater archaeological development and protection. China’s successful image as an advocate for cultural exchange and pioneer in underwater cultural heritage protection, exemplified through projects in Kenya, offers valuable insights for global governance. This research aims to provide a theoretical framework for future studies, assisting policymakers in effectively utilizing underwater archaeology to construct China’s national image as a global leader in the new era.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240058

    The Identification Scope of Duty of Care of Network Service Providers in the Algorithm Recommendation Era

    In the era of algorithm recommendation, the Internet has experienced major realistic changes such as "technology neutrality" and "technology cannot", which leads to inevitable changes in the duty of care of Internet service providers. The identification of the scope of the duty of care has become an important focus of dispute in infringement cases of Internet service providers, and the court has exercised its discretion. At present, the scope of the duty of care in China’s legislation still has some deficiencies, such as low level of legal effect and vague definition standard, and there are also great disputes in the handling of practical cases. Considering the influence of the platform strength, the completeness of the notice and other factors, the scope of the duty of care should be appropriately increased according to the specific case in the infringement litigation of network service providers, and it should be distinguished from the duty of review. Starting from judicial practice, this paper suggests that the current duty of care be refined: according to the time stage of the case, the duty of care is divided into before, during and after, and the duty of care of the platform is appropriately improved in each link.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240040

    Incorporation Control of Standard Terms: The Approaches of Chinese Civil Code

    With the advantages of governing an enormous range of transactions and improving the efficiency, standard terms are increasingly being applied to commercial transactions nowadays. The standard terms refer to the non-negotiated terms presented to consumers on a take-it-or-leave-it basis and the incorporation control refers to whether the standard terms can become a part of the contract. In this paper, the author adopts the article analysis method, the comparative study method and the case analysis method to interpret the Chinese latest legislation on the incorporation control of standard terms. According to Article 496(2) of the Civil Code of the People’s Republic of China, the incorporation control includes following five elements: (1) determining rights and obligations in accordance with the principle of fairness, (2) the provider’s obligation of calling attention, (3) the provider’s obligation of giving explanations, (4) the commitment of the counterparty, (5) the legal effect of violating the incorporation control.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240044

    Legal Mechanisms for the Protection of Personal Information in Public Surveillance

    How public surveillance balances the relationship between preventing and combating crime and protecting citizens' personal information is a social issue of common concern to the people. With the advent of the digital age and the unprecedented development of Internet technology, public surveillance has spread to all corners of people's lives. Although big data technology brings a lot of convenience to people's daily work and life, it is also prone to cause personal information security problems. For example, the leakage of personal information and the release of personal information have had a great impact on the personal property and mental aspects of citizens. Lack of protection of citizens' right to personal information in public areas, exposing citizens to surveillance as if they were transparent. A strong sense of being monitored and controlled seriously affects the happiness index of citizens. Therefore, the question of how to use public surveillance to safeguard the public interest without infringing on individual privacy is particularly important.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240041

    Analysis of Article 6 of the ECHR: In Recognition and Enforcement of Civil Judgments among European Countries

    The right to a fair trial under Article 6 of the European Convention on Human Rights plays a crucial role in procedural protection in the recognition and enforcement of judgments within the European sphere. While the European Court of Human Rights has developed various scrutiny standards for judgments of different statuses by contracting states to safeguard procedural rights under Article 6 of the Convention, there is still a lack of systematic clarification regarding the application sequence of relevant scrutiny rules in the judicial practice of the Court. This paper analyzes the Court's application sequence of rules through the examination of existing case rules and interpretation of recent cases. The study finds that in judicial practice, the Court examines the admissibility criteria based on the standard of "crucial importance of the judgment for the parties"; after meeting the admissibility criteria, the Court applies the "equivalent protection standard" to determine exceptions where contracting states do not require scrutiny; in cases requiring scrutiny, the Court guides its scrutiny scope based on the rules established in the Saccoccia case.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240045

    The Socio-Legal Impacts of Maternal Incarceration on Children: Emotional, Social, and Physical Considerations in Sentencing Decisions

    This paper explores the socio-legal impacts of maternal incarceration on children in the United States. The steep rise in incarceration rates, particularly among women, has highlighted challenges faced by children with incarcerated mothers. These challenges include emotional distress, social stigmatization, behavioral issues, psychological maladjustment, and more. Despite the existence of programs aimed at supporting these children, such initiatives often lack a cohesive national policy, resulting in inequality in access and implementation. This study advocates for a comprehensive analysis of the legal context, including trends, sentencing policies, and the rights of the child. It emphasizes the need for a more consistent application of the "best interests of the child" standard in sentencing decisions. At the same time, it analyzes international and national practices and programs situated in addressing said challenges. By evaluating current approaches and proposing reforms, this study aims to provide insights for improving support systems for children affected by maternal incarceration.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240049

    Exploring the Beneficial Impact of Female Executives on Market Share of Network Media Companies from the Perspective of Business Law

    The proliferation of several internet media companies has generated a significant abundance of job prospects in society. Amid the thriving growth of online media firms, the new working circumstances and environment offer exceptional prospects for women to engage in employment. Alongside the country's emphasis on gender equality and legal protection, the number of female executives in these enterprises is constantly increasing. Simultaneously, the distinct benefits of female leadership are also evident in such circumstances. This paper adopts a literature review method to study the beneficial impact of female executives on the market of online media companies under the protection of commercial law. The author examines the correlation between female executives and the growth of online media firms focusing on the legal aspects, and provides an overview of the impact of female executive leadership qualities on these companies. On the one hand, the research can increase women's employment rate, promote the development of gender equality, and improve legal provisions. On the other hand, this paper can provide some development ideas for Internet media companies and other companies with similar development in the digital economy era, contributing to the development of enterprises.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240068

    Redefining Duty of Care: Challenges and Solutions for Network Service Providers

    With the rapid development of Internet and algorithm technology, how to judge the "duty of care" of network service providers has become a new problem in the field of network infringement. The main topic of this paper is to focus on what kind of duty of care network service providers should bear, and how to solve the problem of responsibility division and commitment in practice. It begins with a comprehensive analysis of the current legal frameworks in China, comparing them with global standards, particularly focusing on the United States' "Safe Harbor" principle and the European Union's Digital Single Market Copyright Directive. It further discusses the challenges of enforcing the duty of care, emphasizing the variability in judicial interpretations and the difficulties in applying traditional legal principles to modern digital contexts. It highlights the need for clearer definitions and preemptive legal measures to mitigate infringement risks, as demonstrated by proactive copyright declarations like those implemented during the 2022 Beijing Winter Olympic Games. Additionally, it examines the potential misuse of the duty of care in competitive business environments, suggesting judicial and legislative strategies to prevent abuse and ensure a fair application of the law. The conclusion advocates for a collaborative approach to reforming duty of care standards, involving a range of stakeholders from legislators to copyright holders, to ensure they are robust yet flexible enough to accommodate future technological developments.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240050

    The Conflict Between Pharmaceutical Patent Right and Life Right and Its Resolution Mechanism: From the Perspective of Legal Philosophy

    This paper explores the conflict between pharmaceutical patent rights and the right to life and its resolution mechanisms from the perspective of legal philosophy. It begins by discussing how the outbreak of COVID-19 has led to increased global demands for vaccines, temporary medical facilities, and public health controls, which in turn has sparked reflection on the relationship between pharmaceutical patents and the rights to life and health. The paper then analyzes several typical cases, including the Haiqing Ni counterfeit drug case, the Lu Yong case, and the Shanghai fake vaccine case, to illustrate the specific points of conflict between patent rights and the right to life. It also discusses the positive relationship between patent rights and the right to life, as well as the negative impact of the monopolistic nature of patent rights on the protection of the right to life. To resolve these conflicts, the paper proposes some existing measures, such as the application of the principle of proportionality and the compulsory licensing system, and suggests future possible measures, including the re-improvement of existing measures and the establishment of feasible new measures. In conclusion, while existing measures have alleviated the conflict to some extent, there are still difficulties and limitations in their implementation, necessitating further legislative and regulatory improvements.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240065

    A Cross-National Examination of Abortion Politics: Contrasting Perspectives in the United States and France

    The debate surrounding abortion laws has been one of great prominence in current politics. While some nations take a strong stance against the accessibility of the practice, others view it as an essential protection of women's autonomy. The main objective of this paper is to perform a comparative analysis of both the historical and contemporary legal landscape of abortion within France and the United States. Throughout this paper, the examination of the evolution of abortion laws in both countries are laid against a backdrop of shifting societal values, cultural influences, and political dynamics. In the United States, the narrative of abortion laws is marked by intense ideological complications and complex legal battles that result from deep rooted societal divisions. In contrast, France’s progression leaned towards growing liberalization, strongly influenced by public health priorities and an emphasis on gender equity. Through delving into key legal decisions, political movements, and public relations, this paper aims to illustrate the shaping legal and cultural frameworks within the two nations shape their respective policies and practices surrounding the topic of abortion. This paper highlights the implications of these divergent approaches towards women’s reproductive autonomy, government health outcomes, and overarching societal norms. The comparative analysis of abortion within the two democracies seeks to provide insights into the underlying reasons for the stark differences in their approaches, striving to draw conclusions that may provide insight for future legal and policy initiatives in the realm of reproductive rights.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240051

    Dispute of the Illegality of Marital Rape under Chinese Law

    Marital rape is a prevalent form of sexual violence that exists worldwide. Due to its occurrence within the context of marriage, it possesses certain nuances, leading to ongoing debates on whether it should be considered a crime or not. In comparative law, many countries have already included marital rape within their legal systems for assessment and evaluation. However, China still lacks legislation addressing this issue, resulting in inconsistent verdicts for similar cases. In light of the development history of marital rape in comparative law, the current focus of the academic community in China revolves around the points of contention and the study of typical cases. This article posits that although entering into a marital relationship confers certain status upon women, the protection of women's sexual autonomy remains indispensable, and the sexual autonomy of married women should still be considered within the framework of criminal law. Nevertheless, given the distinctive characteristics of the marital relationship, it is necessary to devise new regulations for the recognition and application of marital rape.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240059

    Research on the Judgement Standard of the Duty of Care of Internet Service Providers

    The internet service provider’s tort liability for general fault tort liability, which means that network service providers bear the tort liability need to subjective fault for the elements, then for the network service provider's subjective fault judgement standard objectively to rise to the network service provider's reasonable duty of care judgement standard above the problem. Up to now, about the network service provider's duty of care standard judgement is still no clear provisions, in the legal and judicial fields are more controversial. This paper explores these issues through an analysis of trial practices, seeking to establish a more standardized approach to evaluating ISPs' duty of care. The findings suggest that adopting the "good manager" standard could significantly enhance the clarity and effectiveness of managing ISPs' tort liabilities. It proposes the establishment of a dedicated management association within ISPs to implement and oversee these management policies consistently across the sector. This approach aims to not only define but also enforce a reasonable duty of care standard that is both fair and practicable.

  • Open Access | Article 2024-06-06 Doi: 10.54254/2753-7048/55/20240031

    Research on the Game Behavior of Environmental Protection Strategies Between Government and Enterprises

    In recent years, the global environment has been deteriorating. To achieve win-win environmental protection and economic development, the Chinese government has issued various environmental governance policies. However, as an important part of the economy and society, enterprises often ignore the impact on the environment while realizing economic development. Therefore, how the government and enterprises develop appropriate environmental protection strategies to achieve parallel environmental protection and development has become the main problem faced at present. Based on the method theory and practical application of game theory, experts in related fields have studied this problem deeply. According to the different research subjects, this paper starts from five different research objects, such as the mutual influence between government and enterprises under environmental governance, the regulation between governments at all levels, the evolution game of government-enterprise-media, the evolution game of government-enterprise-public, and the game of government-enterprise-media-public, introduces the analysis of the decisions of government and enterprises based on game theory, put forward advice to consider the influence of other factors and explore the connection between various factors, to provide detailed reference for scientific governance environment and realize economic sustainable development.

  • Open Access | Article 2024-06-24 Doi: 10.54254/2753-7048/55/20240070

    A Study on the U.S. White House Executive Order on Artificial Intelligence from the Perspective of Systemic-Functional Grammar

    In November 2023, the White House of the United States introduced relevant laws and regulations about AI. The regulation of artificial intelligence is the inevitable result of social development and the inevitable trend of technological development. Other counties’ domestic regulation of artificial intelligence-related laws and regulations has not yet been carried out. This paper analyzes American AI executive order from keywords, transitivity, modality, and cohesion by using Systemic Functional Grammar theory. Understanding the important contents and characteristics of the U.S. executive order on artificial intelligence can provide a reference for the formulation of other countries’ artificial intelligence-related administrative regulations and laws, which finally promote the development of international artificial intelligence law.

Copyright © 2023 EWA Publishing. Unless Otherwise Stated