Search results for: Chinese legal stories

Authors: Dominika Collett

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AI applications, such as machine learning, require access to a vast amount of data in the training phase, which can often be the subject of copyright protection. During later usage, the various content with which the application works can be recorded or made available on the basis of which it produces the resulting output. The EU has recently adopted new legislation to secure machine access to protected works under the DSM Directive; but, the issue of machine use of copyright works is not clearly addressed. However, such clarity is needed regarding the increasing importance of AI and its development. Therefore, this paper provides a basic background of the technology used in the development of applications in the field of computer creativity. The second part of the paper then will focus on a legal analysis of machine use of the authors' works from the perspective of existing European and Czech legislation. The main results of the paper discuss the potential collision of existing legislation in regards to machine use of works with special focus on exceptions and limitations. The legal regulation of machine use of copyright work will impact the development of AI technology.

Keywords: copyright, artificial intelligence, legal use, infringement, Czech law, EU law, text and data mining

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Authors: Donato Vese

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According to the common interpretation, in a legal system, public powers are established by law. Exceptions are admitted in an emergency or particular relationship with public power. However, we currently agree that law allows public administration a margin of decision, even in the case of non-discretionary acts. Hence, the administrative decision not exclusively established by law becomes the rule in the ordinary state of things, non-only in state of exception. This paper aims to analyze and discuss different ideas on discretionary power on the Rule of Law and Rechtsstaat. Observing the legal literature in Europe and Nord and South America, discretionary power can be described as follow: it could be considered a margin that law accords to the executive power for political decisions or a choice between different interpretations of vague legal previsions. In essence, this explanation admits for the executive a decision not established by law or anyhow not exclusively established by law. This means that the discretionary power of public administration integrates the law. However, integrating law does not mean to decide according to the law, but it means to integrate law with a decision involving public power. Consequently, discretionary power is essentially free will. In this perspective, also the Rule of Law and the Rechtsstaat are notions explained differently. Recently, we can observe how the European notion of Rechtsstaat is founded on the formal validity of the law; therefore, for this notion, public authority’s decisions not regulated by law represent a problem. Thus, different systems of law integration have been proposed in legal literature, such as values, democracy, reasonableness, and so on. This paper aims to verify how, looking at those integration clauses from a logical viewpoint, integration based on the recourse to the legal system itself does not resolve the problem. The aforementioned integration clauses are legal rules that require hard work to explain the correct meaning of the law; in particular, they introduce dangerous criteria in favor of the political majority. A different notion of public power can be proposed. This notion includes two main features: (a) sovereignty belongs to persons and not the state, and (b) fundamental rights are not grounded but recognized by Constitutions. Hence, public power is a system based on fundamental rights. According to this approach, it can also be defined as the notion of public interest as concrete maximization of fundamental rights enjoyments. Like this, integration of the law, vague or subject to several interpretations, must be done by referring to the system of fundamental individual rights. We can think, for instance, to fundamental rights that are right in an objective view but not legal because not established by law.

Keywords: administrative discretion, free will, fundamental rights, public power, sovereignty

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Authors: Meilee Shen

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Buddhist nuns in Taiwan have shouldered various responsibilities in educational, cultural, economic, and social aspects that transforms and transcends Chinese Buddhism to a higher level in Taiwan and overseas. In the recent years, Nuns in Taiwan have formed various associations to reach their goals and satisfy their needs. This research will focus on the following: 1. How to distinguish a Buddhist organization from temple? 2. Whether the forming of female Buddhist organizations reveals religious purpose or gender conflict in Buddhism? 3. How can nuns in Taiwan be unified together to establish their identification? This paper will mainly study on the Chinese Buddhist Bhikkhuni Association (CBBA) because they have gained allies together to work for religious causes and social needs since 1996. However, with a mission to promote female practitioners’ role in Buddhist circle, CBBA did not contribute much to the gender issue in Buddhism. The research found that CBBA did not achieve their goal to unite nuns in Taiwan because they failed to support nuns' education and did not recruit young and highly educated ones as CBBA's faculties. In conclusion, the research suggests i) to connect with other Buddhist organizations in order to achieve the dream of unity, ii) to fill the generation gap by overturn hierarchical system in Buddhist community and create a new environment for new generation to grow, iii) to shift financial contribution from social charity to nuns’ education to promote female role in Buddhism in the future.

Keywords: Bhikkhuni in Taiwan, Bhikkhuni population and education, Buddhism in Taiwan, Chinese Buddhist Bhikkhuni Association

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Authors: Abigail Qian Zhou

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Since China has entered an era of mass tourism, there has been a fundamental change in the way Chinese people approach and perceive the image of other countries. With the advent of the new media era, social networking sites such as Sina Weibo have become a tool for many foreign governmental organizations to spread and promote their national image. Among them, the Japan National Tourism Organization (JNTO) was one of the first foreign official tourism agencies to register with Sina Weibo and actively implement communication activities. Due to historical and political reasons, cognition of Japan's national image by the Chinese has always been complicated and contradictory. However, since 2015, China has become the largest source of tourists visiting Japan. This clearly indicates that the broadening of Japan's national image in China has been effective and has value worthy of reference in promoting a positive Chinese perception of Japan and encouraging Japanese tourism. Within this context and using the method of content analysis in media studies through content mining software, this study analyzed how JNTO’s Sina Weibo accounts have constructed and spread Japan's national image. This study also summarized the characteristics of its content and form, and finally revealed the strategy of JNTO in building its international image. The findings of this study not only add a tourism-based perspective to traditional national image communications research, but also provide some reference for the effective international dissemination of national image in the future.

Keywords: national image, international communication, tourism, Japan, China

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Authors: Mohammad A. R. S. Almutairi

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This study will provide the introduction that constitutes the problem cornerstone of legal disputes of disclosure and transparency under Kuwaiti Capital market authority Law No. 7 of 2010. It also will discuss the reasons for the emergence of corporate governance and its purposes in the Capital Market Authority Law in Kuwait. In addition, it will show the legal disputes resulting from the unclear concept of disclosure and interest and will discuss the main reasons in support of the possible solution. In addition, this study will argue why the Capital Market Authority Law in Kuwait needs a clear concept and a straight structure of disclosure under section 100. This study will demonstrate why a clear disclosure is led to a better application of the law. This study will demonstrate the fairness in applying the law regarding the punishment against individual, companies and securities market. Furthermore, it will discuss added confidence between investors and the stock market with a clear concept under section 100. Finally, it will summarize arises problem and possible solution.

Keywords: corporate governors, disclosure, transparency, fairness

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Authors: Zhen Li

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In contemporary China, the rise of consumer culture and feminism has facilitated the ‘She-Economy’, where Chinese women’s consumption power has been boosted along with the thriving Chinese economy. Domestic reality TV shows such as Sisters Who Make Waves (hereafter SWMW) target female audiences by bringing women's issues such as age, appearance, and balance between family and career to the discussion. Against this backdrop, this study adopted multimodal content analysis to investigate how SWMW failed to live up to the feminist goals the show had claimed and how serious women’s issues were consumed and capitalized by the consumer media culture from consumer culture and feminist perspectives. The findings reveal that while the female-themed work claims to uncover the charm that age brings to women over their thirties, it merely mentions female anxiety and uses feminism in disguise to achieve commercial success without in-depth thinking and discussion of what real-life issues women in China are tackling. They further show that the mass media-promoted modern femininity combined with consumerism deepens anxiety over aging among female audiences. The study sheds light on understanding the new development of Chinese femininity and the impact of consumer culture on feminist consciousness in contemporary China.

Keywords: consumer culture, feminism, multimodal content analysis, she-economy

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Authors: Li Hua Li, Ling Ling Li

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With the National Fitness Program being established as a national strategy by the Chinese government, Chinese old planning strategies of sports facilities which are based on the purpose for hosting high-level sports events have been failed to meet the rapid growth of Chinese residents’ healthy needs. As the most important carrier for promoting the health of citizens in China, public sports facilities may have further conflicts when they are planned without considering the characteristics of the city itself and the fitness needs of the urban residents. With the planning practice in Songyuan in northeastern China, this paper explores the key planning strategies of public sports facilities through the field investigation to obtain the current situation of public sports facilities in Songyuan and the questionnaire to get the date of Songyuan residents’ fitness characteristics and needs. Findings from this investigation suggest that the planning of public sports facilities in Songyuan should first increase the quantities of public sports facilities at the community level, which could match the fitness population and meet the fitness needs in Songyuan. Secondly, the planning should combine with other available resources, such as urban parks, squares and other places where Songyuan residents often choose to do physical activities to enhance the vitality of public sports facilities. Finally, the planning should also link the urban transportation system in Songyuan to improve the accessibility and efficiency of public sports facilities. All these planning strategies could provide essential information for updating the urban and regional design of Songyuan.

Keywords: field investigation, healthy needs, public sports facilities, planning strategies, questionnaire

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Authors: Hanjin Yan

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The English Romantic George Gordon Byron (1788-1824) was widely celebrated by men of letters in early republican China as a Satanic freedom fighter challenging classical poetics and traditional values. However, Wu Mi (1894-1978), the most persistent critic of contemporary iconoclasm, perceived Byron as a paragon of self-righteous poet-exiles who maintained moral integrity and achieved poetic excellence during times of frustration, just like canonized classical Chinese poets. Wu Mi not only composed lengthy imitations of the third canto of Byron’s Childe Harold’s Pilgrimage (1816) but also patronized a rendering of the canto. Taking André Lefevere’s rewriting theory as a framework, this paper explores the interplay of ideology and poetics by examining Wu Mi’s imitations against Byron’s original and its Chinese translation patronized by Wu Mi. Textual analysis shows that Wu Mi’s approach to Byron’s poetry was informed not only by his endeavor to invigorate classical Chinese poetics, but also by his program to preserve China’s cultural traditions and integrate Western new humanism, a theory proposed by his Harvard mentor Irving Babbitt (1865-1933). This study reveals how Byron was appropriated to serve conflicting poetic and ideological purposes in early republican China and suggests that imitation as a type of rewriting merits further attention.

Keywords: George Gordon Byron, ideology, imitation, poetics, translation

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Authors: Xiaobing Liu, Bo Zhang, Xiaolong Zhao

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The square-dancing is one of the most popular new physical activities in China in recent years, which has become a hotspot of Chinese landscape research. This paper collects 749 news reports from four authoritative newspapers in Harbin for 3 years, and probes into the space use needs of participants and non-participants of square-dancing. In this paper, the research results are compared with the contents of three related planning and design codes in China, and some modification or supplementary suggestions are proposed from three aspects, such as decision-making process, total-quantity control, and site design. Different from the traditional research, this research does not use the data from interviews and the questionnaires, but uses the traditional media report content for analyzing. To some extent, it avoids the research result being excessively subjective, enhances objectivity and the authority.

Keywords: China, landscape, space design, square-dancing

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Authors: Nia Kurniati, Efa Laela Fakhriah

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The regulation in Indonesia provides space for the land dispute to be settled outside the court by the government through National Land. In this case, the bureaucrat of Badan Pertanahan Nasional (BPN) acts as mediator to reach a fair agreement between the disputing parties. Land dispute is from a party who denies the ownership of the other party of a land and denies legal-technical facts written on land certificate published by BPN. Appointing the bureaucrat of BPN as mediator in dispute settlements may possibly create conflict of interest since the object. It has become a concern since bureaucrat of BPN acts as mediator, he will be bias and partial in assisting the dispute settlement, thus the spirit and purposes of mediation will be hampered. This issue triggers to be thoroughly examined further in a relation with the role and function of BPN as land dispute mediator. The methodology used in this research is a normative-legal one with qualitative-legal analytical method. The object of this research is in the form of random sampling of land dispute cases being occurred in some areas. Several principles in mediation have to be made as the base of the consideration to appoint bureaucrat of BPN as mediator since the mediator is an impartial third party, working with both disputing parties and assisting them to reach a fair resolution written in agreement as a foundation of land dispute settlement. The existence of BPN as mediator in land dispute settlement encounters conflict of interest which uphold legal uncertainty to act objectively.

Keywords: Indonesia, land dispute, mediator, national land authority

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Authors: Begum Koru, Isik Aybay, Demet Celik Ulusoy

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The discipline of law is quite complex and has its own terminology. Apart from written legal rules, there is also living law, which refers to legal practice. Basic legal rules aim at the happiness of individuals in social life and have different characteristics in different branches such as public or private law. On the other hand, law is a national phenomenon. The law of one nation and the legal system applied on the territory of another nation may be completely different. People who are experts in a particular field of law in one country may have insufficient expertise in the law of another country. Today, in addition to the local nature of law, international and even supranational law rules are applied in order to protect basic human values and ensure the protection of human rights around the world. Systems that offer algorithmic solutions to legal problems using artificial intelligence (AI) tools will perhaps serve to produce very meaningful results in terms of human rights. However, algorithms to be used should not be developed by only computer experts, but also need the contribution of people who are familiar with law, values, judicial decisions, and even the social and political culture of the society to which it will provide solutions. Otherwise, even if the algorithm works perfectly, it may not be compatible with the values of the society in which it is applied. The latest developments involving the use of AI techniques in legal systems indicate that artificial law will emerge as a new field in the discipline of law. More AI systems are already being applied in the field of law, with examples such as predicting judicial decisions, text summarization, decision support systems, and classification of documents. Algorithms for legal systems employing AI tools, especially in the field of prediction of judicial decisions and decision support systems, have the capacity to create automatic decisions instead of judges. When the judge is removed from this equation, artificial intelligence-made law created by an intelligent algorithm on its own emerges, whether the domain is national or international law. In this work, the aim is to make a general analysis of this new topic. Such an analysis needs both a literature survey and a perspective from computer experts' and lawyers' point of view. In some societies, the use of prediction or decision support systems may be useful to integrate international human rights safeguards. In this case, artificial law can serve to produce more comprehensive and human rights-protective results than written or living law. In non-democratic countries, it may even be thought that direct decisions and artificial intelligence-made law would be more protective instead of a decision "support" system. Since the values of law are directed towards "human happiness or well-being", it requires that the AI algorithms should always be capable of serving this purpose and based on the rule of law, the principle of justice and equality, and the protection of human rights.

Keywords: AI and law, artificial law, protection of human rights, AI tools for legal systems

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Authors: Libing Zhu, Waichung Chen, Kwaicing Lo, Lei Li

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Background: Tian Jiu Therapy (a medicinal vesiculation therapy according to traditional Chinese medicine theory) in San Fu Days (the three hottest days in a year is calculated by the Chinese ancient calendar) is widely used by patients with chronic asthma in China although from modern medicine perspective there is insufficient evidence of its effectiveness and safety issues. We investigated the efficacy and safety of Tian Jiu Therapy compared with placebo in patients with chronic asthma. Methods: Patients with chronic asthma were randomly assigned to Tian Jiu treatment group (n=165), placebo control group (n=158). Registered Chinese Medicine practitioners, in Orthopedics-Traumatology, Acupuncture, and Tui-na Clinical Centre for Teaching and Research, School of Chinese Medicine, The University of Hong Kong, administered Tian Jiu Therapy and placebo treatment in 3 times over 2 months. Patients completed questionnaires and lung function test before treatment and after treatment, 3, 6, 9, and 11 months, respectively. The primary outcome was the no of asthma-related sub-healthy symptoms and the percentage of patients with twenty-three symptoms. Results: 451 patients were recruited totally, 111 patients refused or did not participate according the appointment time and 17 did not meet the inclusion criteria. Consequently, 323 of eligible patients were enrolled. There was nothing difference between Tian Jiu Therapy group and placebo control group at the end of all treatments neither primary nor secondary outcomes. While Tian Jiu Therapy as compared with placebo significantly reduced the percentage of participants who are susceptible waken up by asthma symptoms from 27% to 14% at 2nd follow-up (P < 0.05). Similarly, Tian Jiu Therapy significantly reduced the proportion of participants who had the symptom of running nose and sneezing before onset from 18% to 8% at 2nd follow-up (P < 0.05). Additionally, Tian Jiu Therapy significantly reduced the level of asthma, the proportion of participants who don’t need to processed during asthma attack increased from 6% to 15% at 1st follow-up and 0% to 7% at 3rd follow-up (P < 0.05). Improvements also occurred with Tian Jiu Therapy group, it reduced the proportion of participants who were spontaneously sweating at 3rd follow up and diarrhea after intake of oily food at 4th follow-up (P < 0.05). Conclusion: When added to a regimen of foundational therapy for chronic asthma participants, Tian Jiu Therapy further reduced the need for medications to control asthma, improved the quality of participants’ life, and significantly reduced the level of asthma. What is more, this benefit seems to have an accumulative effect over time was in accordance with the TCM theory of 'winter disease is being cured in summer'.

Keywords: asthma, Tian Jiu Therapy, San Fu Days, triaditional Chinese medicine, clinical trial

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Authors: Leei Wong

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Changes in globalized contexts precipitate changing perceptions concerning linguistic politeness practices. Within these changing contexts, misunderstanding or stereotypification of politeness norms may lead to negative consequences such as hostility or even communication breakdown. With China’s rising influence, the country is offering a vast potential market for global economic development and diplomatic relations and opportunities for intercultural interaction, and many outside China are subsequently learning Chinese. These trends bring both opportunities and pitfalls for intercultural communication, including within the important field of politeness awareness. One internationally recognized benchmark for the study and classification of languages – the updated 2018 CEFR (Common European Framework of Reference for Language) Companion Volume New Descriptors (CEFR/CV) – classifies politeness as a B1 (or intermediate) level descriptor on the scale of Politeness Conventions. This provides some indication of the relevance of politeness awareness within new globalized contexts for fostering better intercultural communication. This study specifically examines Bald on record politeness strategies presented in current beginner TCAL textbooks used in Australian tertiary education through content-analysis. The investigation in this study involves the purposive sampling of commercial textbooks published in America and China followed by interpretive content analysis. The philosophical position of this study is therefore located within an interpretivist ontology, with a subjectivist epistemological perspective. It sets out with the aim to illuminate the characteristics of Chinese Bald on record strategies that are deemed significant in the present-world context through Chinese textbook writers and curriculum designers. The data reveals significant findings concerning politeness strategies in beginner stage curriculum, and also opens the way for further research on politeness strategies in intermediate and advanced level textbooks for additional language learners. This study will be useful for language teachers, and language teachers-in-training, by generating awareness and providing insights and advice into the teaching and learning of Bald on record politeness strategies. Authors of textbooks may also benefit from the findings of this study, as awareness is raised of the need to include reference to understanding politeness in language, and how this might be approached.

Keywords: linguistic politeness, higher education, Chinese language, additional language

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Authors: Sharapat Sharapat

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English language is perceived as cultural capital in many non-native English-speaking countries, and minority groups in these social contexts seem to invest in the language to be empowered and reposition themselves from the imbalanced power relation with the dominant group. This study is devoted to explore how English learning influence minority Kazakh students’ identity (re)construction at Chinese universities from the scope of ‘imagined community, investment, and identity’ theory of Norton (2013). To this end the three research questions were designed as follows: 1) Kazakh minority students’ English learning experiences at Chinese universities; 2) Kazakh minority students’ views about benefits and opportunities of English learning; 3) the influence of English learning on Kazakh minority students’ identity (re)construction. The study employs an interview-based qualitative research method by interviewing nine Kazakh minority students in universities in Xinjiang and other inland cities in China. The findings suggest that through English learning, some students have reconstructed multiple identities as multicultural and global identities, which created ‘a third space’ to break limits of their ethnic and national identities and confused identity as someone in-between. Meanwhile, most minority students were empowered by the English language to resist inferior or marginalized positions and reconstruct imagined elite identity. However, English learning disempowered students who have little previous English education in school and placed them on unequal footing with other students, which further escalated the educational inequities.

Keywords: minority in China, identity construction, multilingual education, language empowerment

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Authors: Elona Saliaj

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The registration of real estate in Albania after the 90's has been a long process in time and with high cost for the country. Passing the registration system from a centralized system to a free market private system, it’s accompanied by legal uncertainties that have led to economic instability. The reforms that have been undertaken in terms of property rights have been numerous and continuous throughout the years. But despite the reforms, the system of registration of real estate, has failed to be standards requirements established by the European Union. The completion of initial registration of real estate, legal treatment of previous owners or legalization of illegal constructions remain among the main problems that prevent the development of the country in its economic sector. The performance of the registration of real estate system and dealing with issues that have appeared in the Court of First Instance, the civil section of the Albanian constitute the core of handling this analysis. This paper presents a detailed analysis on the registration system that is chosen to be applied in our country for real estate. In its content it is also determined the institution that administrates these properties, the management technique and the law that determinate its functionality. The strategy is determined for creating a modern and functional registration system and for the country remains a challenge to achieve. Identifying practical problems and providing their solutions are also the focus of reference in order to improve and modernize this important system to a state law that aims to become a member of the European Union.

Keywords: real estates registration system, comparative aspects, cadastral area, property certificate, legal reform

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Authors: Ekaterina Reznikova

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The paper provides an overview of the comparative analysis of legal novelties on telework in Portugal and Spain from a gender perspective. Telework, defined as the practice of working remotely using information and communication technologies, has gained increased attention in recent years, particularly in the context of the COVID-19 pandemic. As countries implement legal frameworks to regulate telework, it is essential to assess their gender implications and their impact on promoting gender equality in the workplace. In Portugal, legal novelties on telework have been introduced through various legislative measures, including the Telework Regulation Act (Lei do Teletrabalho) enacted in 2018. This legislation aims to provide a framework for telework arrangements, outlining rights and obligations for both employers and employees. However, the gender perspective in Portugal's telework regulations remains somewhat limited, with few explicit provisions addressing gender disparities in telework participation or the unequal distribution of caregiving responsibilities. In contrast, Spain has taken a more proactive approach to addressing gender equality in telework through its legal novelties. The Spanish government passed the Royal Decree-Law 28/2020, which introduced significant reforms to telework regulations in response to the COVID-19 pandemic. This legislation includes provisions aimed at promoting gender equality in telework, such as measures to ensure work-life balance and prevent discrimination based on gender in telework arrangements. Additionally, Spain has implemented initiatives to encourage "joint responsibility" at home, emphasizing the importance of shared caregiving duties between men and women. By comparing the legal novelties on telework in Portugal and Spain from a gender perspective, this study aims to identify best practices and areas for improvement in promoting gender equality in telework arrangements. Through a comprehensive analysis of the legal frameworks, this study will assess the extent to which Portugal and Spain's telework regulations address gender disparities and support the advancement of women in the workforce. The findings of this comparative analysis will have significant implications for policymakers, employers, and other stakeholders involved in shaping telework policies. By identifying effective strategies for promoting gender equality in telework, this study seeks to contribute to the development of inclusive and sustainable work environments that benefit all employees, regardless of gender.

Keywords: telework, labour law, digitalization, gender

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Authors: Fu Jiayan, Wang Zhu, Sun Jiaojiao

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Mixed-use development is one of the most important trends in new island house transformation along southeast coastal area in China. Unique island geographical environment and profound fishing village culture coexist for a long time in this. With artistic creation for the purpose of the "live-work" houses are in a large number of emergence, however, still lack of systematic strategy. Based on space effect from marine resources to regional human settlements, this article teases out the evolution regularity of island settlement context and architectural form, then, puts forward the formation mechanism and construction model of art island houses. Thereby, to further explore space design method and site creation strategy of mixed-use development.

Keywords: mixed-use, island house, art creation, Southeast Coastal Area of Chinese

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Authors: Kate L. Yusi

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This paper is an attempt to theoretically reframe the act of self-immolation beyond violence/non-violence discourse, to differentiate it from other paradigmatic examples of necropolitical activism like suicide bombing, in order to highlight its particular ontopolitical statement in relation to life and death and to re-energize its deactivating power. In this paper, the writer seeks to focus on self-immolation by Tibetan monks and other activists against Chinese imperialism, its continuing ethnic cleansing of the Tibetan people, forced assimilation, and territorial occupation. Here, the main driving force is this question: what does self-immolation mean to a people who are forced to live in deathspace? In other words, if one is reduced to nothingness that their deaths (as is their lives) become insignificant, in what ways does the reclamation of death/dying become a “way out” of this state-imposed enclave of death? To answer these questions, the writer engages with and put in conversation the works of Achille Mbembe, Elias Cannetti, and Giorgio Agamben.

Keywords: necropolitics, self immolation, tibetan people, chinese imperialism

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Authors: Rodziana M. Razali, Tamara J. Duraisingham

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Malaysia is not a signatory to the 1951 Refugee Convention and its 1967 Protocol despite receiving the largest share of refugee inflows in Southeast Asia aside from Thailand. In Peninsular Malaysia, the majority of refugees and asylum seekers are from Myanmar, with Rohingya refugees recording the highest number compared to all other ethnicities. In the eastern state of Sabah, the presence of refugees who have long established themselves in the state is connected to those who escaped military persecution in southern Philippines in the 1970’s and 1980’s. A combination of legal and non-legal factors has created and sustained an adverse atmosphere of deprivation of legal identity for children of migrants including refugees born in Malaysia. This paper aims to qualitatively analyse the barriers to birth registration as the cornerstone of every person’s legal identity for children of refugees born in this country, together with the associated human rights implications. Data obtained through semi-structured interviews with refugees in Kota Kinabalu, Sabah and Rohingya refugees in Peninsular Malaysia shall be studied alongside secondary sources. Results show that births out of medical facilities, suspension of birth records, illiteracy, lack of awareness on the importance and procedures of birth registration, inability to meet documentary requirements, as well as fear of immigration enforcement, are the key factors hindering birth registration. These challenges exist against the backdrop of restrictive integration policy to avoid destabilising demographic and racial balance, political sentiment stirring xenophobic prejudices, as well as other economic and national security considerations. With no proof of their legal identity, the affected children grow up in a legal limbo, facing multiple human rights violations across generations. This research concludes that the country’s framework and practice concerning birth registration is in need of serious reform and improvement to reflect equality and universality of access to its birth registration system. Such would contribute significantly towards meeting its commitments to the post-2015 sustainable development agenda that pledges to 'Leave no one behind', as well as its recently announced National Human Rights Action Plan.

Keywords: birth registration, children, Malaysia, refugees

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Authors: Gassrm Alfaleh

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The new Law of Universities has many goals, one of them is how each university can be independent financially and educationally. Another goal is to open doors for foreign universities to open branches in the kingdom. This paper focuses on how these goals can create competition between local and foreign universities. And how this new law can bring significant changes in the Kingdom’s higher education sector. The methodology of this study is to compare the new Saudi law to another legal system, especially in Australia. And how this new law can affect the higher education environment and Saudi culture. It covers the view of other different legal jurisdictions and compares it to this new law. The major findings are that the new law of universities can give a chance to Saudi universities to achieve their goals based on empowerment, quality, and participate in developing the educational and research methods. It may allow universities to start their own resources, permit them to create endowments and companies, and may allow them to create their degrees and programs. It will help those universities to increase the efficiency of spending, developing financial resources, and human capabilities for universities in line with the Kingdom’s Vision 2030. As a result, this paper states whether this new law can improve higher education in the kingdom of Saudi Arabia.

Keywords: law, education, Saudi legal system, university

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Authors: Szilvia Halmos

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Hungary was one of the first countries to sign and ratify the UN Convention on the Rights of Persons with Disabilities (hereinafter: CRPD). Consequently, Hungary assumed an obligation under international law to review the national law in the light of the Article 12 of the CRPD requiring the States parties to guarantee the equality of persons with disabilities in terms of legal capacity, and to replace the regimes of substitute decision-making by the instruments of supported decision-making. This article is often characterized as one of the key norms of the CRPD, since the legal autonomy of the persons with disabilities is an essential precondition of their participation in the social life on an equal basis with others, envisaged by the social paradigm of disability. This paper examines the impact of the CRPD on the relevant Hungarian national legal norms, with special focus on the relevant rules of the recently codified Civil Code. The employed research methodologies include (1) the specification of the implementation requirements imposed by the Article 12 of the CRPD, (2) the determination of the indicators of the appropriate implementation, (3) the critical analysis of compliance of the relevant Hungarian legal regulation with the indicators, (4) with respect to the relevant case law of the Hungarian Constitutional Court and ordinary courts, the European Court of Human Rights and the Committee of Rights of Persons with Disabilities and (5) to the available empirical figures on the functioning of substitute and supported decision-making regimes. It will be established that the new Civil Code has made large steps toward the equality of persons with disabilities in terms of legal capacity and the support model of decision-making by the introduction of some specific instruments of supported decision-making and the restriction of the application of guardianship. Nevertheless, the regulation currently in effect fails to represent some crucial principles of the Article 12 of the CRPD, such as the non-discrimination of persons with psycho-social disabilities, the support of the articulation of the will and preferences of the individual instead of his/her best interest in the course of decision-making. The changes in the practice of the substitute and the support model brought about by the new legal norms can also be assessed as significant, however, so far unsatisfactory. The number of registered supporters is rather low, and the preconditions of the effective functioning of the support (e.g. the proper training of the supporters) are not ensured.

Keywords: Article 12 of the UN CRPD, Hungarian law on legal capacity, persons with intellectual and psycho-social disabilities, supported decision-making

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Authors: Si On Na

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The development of American radio and print media since World War II has allowed people with disabilities to engage more directly with the public, gradually changing the perception that disabled people constitute a kind of social impairment or burden. People with disabilities have rarely been portrayed as equal to the non-disabled. In the postwar period, a dramatic shift from eugenicist conceptualizations of disability and widespread institutionalization gradually evolved into conditions of greater openness in public discourse. This discourse was marked at mid-century by telethons and news media (both print and television) which sought to commodify people with disabilities for commercial gain through stories that promoted alienating forms of empowerment alternating with paternalistic pity. By comparing studies of the history of American disability advocacy in the twentieth century and the evolution of the image of disability characteristic of mid-century media discourse, this paper will examine the relationship between the passage of the American with Disabilities Act of 1990 (ADA) and the expanded media representation of people with disabilities. This paper will argue that the legal mandate of the ADA ultimately transformed the image of people with disabilities from those who are weak and in need of support to viable consumers, encouraging traditional American print, film, and television media outlets to solicit the agency of people with disabilities in the authentic portrayal of themselves and their disabilities.

Keywords: ADA, disability representation, media portrayal, postwar United States

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Authors: Yijie Wang, Tianyue Wang

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In the past two decades, there has been a great ‘piano lesson frenzy’ among Chinese middle-class families, with a large number of parents adding piano training to children’s extra-curriculum lists. Superficially, the frenzy reflects a rather ‘leisurely’ attitude: parents typically claim that pianos lessons are ‘just for fun’ and will hopefully render children’s life more exciting. However, a closer scrutiny reveals that there is great social-status anxiety hidden beneath this ‘leisurely’ surface. Based on pre-interviews of six Chinese middle-class parents who have enthusiastically signed their children up for piano lessons, several tentative analysis are made: 1. Owing to a series of historical and social factors, the Chinese middle-class have yet to establish their cultural norms in the past few decades, resulting in great confusion concerning how to cultivate cultural tastes in their offspring. And partly due to the fact that the middle-class status of the past Chinese generation is mostly self-acquired rather than inherited, parents are much less confident about their cultural resources—which require long-time accumulation—than material ones. Both factors combine to lead to a sort of blind, overcompensating enthusiasm in culture-related education, and the piano frenzy is but a demonstration. 2. The piano has been chosen to be the object of the frenzy partly because of its inherent characteristics as well as socially-constructed ones. Costly, large in size, imported from another culture and so forth, the piano has acquired the meaning of being exclusive, high-end and exotic, which renders it a token of top-tier status among Chinese people, and piano lessons for offspring have therefore become parents’ paths towards a kind of ‘symbolic elevation’. A child playing piano is an exhibition as well as psychological assurance of the families’ middle-class status. 3. A closer look at children’s piano training process reveals that there is much more anxiety than leisurely elements involved. Despite parents’ claim that ‘piano is mainly for kids to have fun,’ the whole process is evidently of a rather ‘ascetic’ nature, with the demands of diligence and senses of time urgency throughout, and techniques rather than flair or styles are emphasized. This either means that the apparent ‘piano-for-fun’ stance is unauthentic and is only other motives in disguise, or that the Chinese middle-class parents are not yet capable of shaking off the sense of anxiety even if they sincerely intend to. 4. When viewed in relation to Chinese formal school system as well as the job market at large, it can be said that by signing children up for piano lessons, parents are consciously or unconsciously seeking to prepare for, or reduce the risks of, their children’s future social mobility. In face of possible failures in the highly-crucial, highly-competitive formal school system, piano-playing as an extra-curriculum activity may be conveniently transferred into an alternative career path. Besides, in contemporary China, as the occupational structure goes through change, and the school-related certificates decline in value, aspects such as a person’s overall deportment, which can be gained or proved by piano-learning, have been gaining in significance.

Keywords: extra-curriculum activities, middle class, piano lesson frenzy, status anxiety

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Authors: Longtao He, Han Wu

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Summary: As the need for elder care increases in China due to a growing aging population and, in particular, rising cancer rates, it becomes increasingly important to also support family caregivers, who are often the main source of care. We used a qualitative meta-synthesis to systematically evaluate and integrate the caregiving experiences of family caregivers of elderly cancer patients as revealed by articles published in Chinese journals. Findings: Nine studies are included in the final analysis. The caregiver experiences they describe are synthesized into three primary themes: care needs, care burden, and care gains, with numerous secondary themes. Besides the findings that seem to align with other findings across cultures, we have highlighted three main discoveries from the synthesis that may be quite specific to the Chinese context: 1. more sub-themes related to specific caregiving skills caregivers of cancer patients; 2. a call for health professionals to improve their communication skills with family caregivers; 3. the important role of filial piety. Applications: Our findings can be used to help health social workers and relevant policymakers in China support family caregivers by identifying the education and training required for caregivers, ways to make the most of potential care gains, and ways to ease care burdens.

Keywords: cancer, Chinese family caregivers, caregiving skills, care burden, care gains, health social work

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Authors: Marianna Iaroslavska

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ChatGPT is becoming commonplace. However, only a few people think about the legal risks of using Large Language Model in their daily work. The main dilemmas concern the following areas: who owns the copyright to what somebody creates through ChatGPT; what can OpenAI do with the prompt you enter; can you accidentally infringe on another creator's rights through ChatGPT; what about the protection of the data somebody enters into the chat. This paper will present these and other legal risks of using large language models at work using dogmatic methods and case studies. The paper will present a legal analysis of AI risks against the background of European Union law and Polish law. This analysis will answer questions about how to protect data, how to make sure you do not violate copyright, and what is at stake with the AI Act, which recently came into force in the EU. If your work is related to the EU area, and you use AI in your work, this paper will be a real goldmine for you. The copyright law in force in Poland does not protect your rights to a work that is created with the help of AI. So if you start selling such a work, you may face two main problems. First, someone may steal your work, and you will not be entitled to any protection because work created with AI does not have any legal protection. Second, the AI may have created the work by infringing on another person's copyright, so they will be able to claim damages from you. In addition, the EU's current AI Act imposes a number of additional obligations related to the use of large language models. The AI Act divides artificial intelligence into four risk levels and imposes different requirements depending on the level of risk. The EU regulation is aimed primarily at those developing and marketing artificial intelligence systems in the EU market. In addition to the above obstacles, personal data protection comes into play, which is very strictly regulated in the EU. If you violate personal data by entering information into ChatGPT, you will be liable for violations. When using AI within the EU or in cooperation with entities located in the EU, you have to take into account a lot of risks. This paper will highlight such risks and explain how they can be avoided.

Keywords: EU, AI act, copyright, polish law, LLM

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Authors: Henry Okechukwu Onyeiwu

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Nigeria, with its rich tapestry of ethnicities, cultures, and religions, serves as a critical case study in understanding how law influences and shapes collective identities. This abstract delves into the historical context of legal systems in Nigeria, examining the colonial legacies that have influenced contemporary laws and how these laws interact with traditional practices and beliefs. This study examines the critical role of law in shaping and transforming collective identities in Nigeria, a nation characterized by its rich tapestry of ethnicities, cultures, and religions. The legal framework in Nigeria has evolved in response to historical, social, and political dynamics, influencing the way communities perceive themselves and interact with one another. This research highlights the interplay between law and collective identity, exploring how legal instruments, such as constitutions, statutes, and judicial rulings, have contributed to the formation, negotiation, and reformation of group identities over time. Moreover, contemporary legal debates surrounding issues such as citizenship, resource allocation, and communal conflicts further illustrate the law's role in identity formation. The legal recognition of different ethnic groups fosters a sense of belonging and collective identity among these groups, yet it simultaneously raises questions about inclusivity and equality. Laws concerning indigenous rights and affirmative action are essential in this discourse, as they reflect the necessity of balancing majority rule with minority rights—a challenge that Nigeria continues to navigate. By employing a multidisciplinary approach that integrates legal studies, sociology, and anthropology, the study analyses key historical milestones, such as colonial legal legacies, post-independence constitutional developments, and ongoing debates surrounding federalism and ethnic rights. It also investigates how laws affect social cohesion and conflict among Nigeria's diverse ethnic groups, as well as the role of law in promoting inclusivity and recognizing minority rights. Case studies are utilized to illustrate practical examples of legal transformations and their impact on collective identities in various Nigerian contexts, including land rights, religious freedoms, and ethnic representation in government. The findings reveal that while the law has the potential to unify disparate groups under a national identity, it can also exacerbate divisions when applied inequitably or favouring particular groups over others. Ultimately, this study aims to shed light on the dual nature of law as both a tool for transformation and a potential source of conflict in the evolution of collective identities in Nigeria. By understanding these dynamics, policymakers and legal practitioners can develop strategies to foster unity and respect for diversity in a complex societal landscape.

Keywords: law, collective identity, Nigeria, ethnicity, conflict, inclusion, legal framework, transformation

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Authors: Yeukai Mupangavanhu

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The paper examines the concept of ubuntu and the extent to which it can play a role in ensuring fairness and justice in contractual relationships. Courts are expected to balance sanctity of contract and fairness. Public policy is currently a mechanism which is used by courts when balancing the above two competing interests. It, however, generally favours the freedom and sanctity of contract. The question which is addressed in this paper is whether the concept of ubuntu is an alternative mechanism that may be used to mitigate the sometimes harsh and unfair consequences of the doctrine of freedom and sanctity of contract. A comparative study and case analysis is the methodology that is used in this article. Unfairness in contracts is generally related to the problem of inequality in bargaining power underscored by deeply entrenched social and economic inequalities that are a consequence of apartheid and patriarchy. The transformative nature of the constitution demands the inclusion of African legal ideas and values in the legal order. There is a need for the harmonisation of western ideals which are based on the classical model of law of contract with relevant African principles. In order to attain a transformative legal order that promotes a societal transformation and enhances the lives of everyone courts cannot continue to frown upon African values. Ubuntu has the potential of steering the law of contract in a more equitable direction. The substantive rules of contract law undoubtedly need to be infused with the notion of ubuntu. The reconciliation of Western and African values is at the heart of legal transformation.

Keywords: fairness, sanctity of contract, contractual justice, transformative constitutionalism

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Authors: Fedorova Elena

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In this article, we draw a distinction between two important functions of public policy in private international law. The first function is widely recognized and relates to the prevention of application of foreign laws and enforcement of foreign court judgments whenever their effects are incompatible with the domestic legal system of the forum. This effectively protects sovereign rights of the forum state as it allows to resist against the undesirable effects of foreign law-making and law-enforcement policies. The second function is less obvious, but not less important. As the internal private legal relationships, international private relationships are usually governed by rules of public policy, to which the parties can not derogate by mutual agreement. Thefore, for international private law relations public policy has a different function than previously mentioned: in this case, the public policy acts as a defense against unacceptable effects of the party autonomy. Thus, this second function of public policy consists in the limitation of the party autonomy wich effects would be unacceptable for the local legal system. In the frame of this second function the author will analyse two types of public policy which can limit the party autonomy: « substantial » public policy (which regulates the substance of international legal relationship) and « conflictual » public policy (which regulates the party autonomy to choose the law applicable for the substance of relationship). The author provides an analysis of these functions of the public policy in the field of international contract law because of the important role of the principle of party autonomy for international contract relations.

Keywords: public policy, general theory of private international law, substantial public policy, conflictual public policy

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Authors: Yuhan Wu, CTB (Kees) Ahaus, Martina Buljac-Samardzic

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Patient aggression and violence is a complex occupational hazards for physicians working in hospitals, and it can have multiple severe negative effects for physicians and hospitals. Although there is a range of interventions in the healthcare sector applied in various countries, China lacks a comprehensive set of interventions at the hospital level in this area. Therefore, due to cultural differences, this study investigates whether international interventions are important and feasible in the Chinese cultural context by conducting a Delphi study. Based on a literature search, a list of 47 hospital interventions to prevent and manage patient aggression and violence was constructed, including 8 categories: hospital environment design, access and entrance, staffing and work practice, training and education, leadership and culture, support, during/after-the-event actions, and hospital policy. The list of interventions will be refined, extended and brought back during a three-round Delphi study. The panel consists of 17 Chinese experts, including physicians experiencing patient aggression and violence, hospital management team members, scientists working in this research area, and policymakers in the healthcare sector. In each round, experts will receive the possible interventions with the instruction to indicate the importance and feasibility of each intervention for preventing and managing patient violence and aggression in Chinese hospitals. Experts will be asked about the importance and feasibility of interventions for patient violence and aggression at the same time. This study will exclude or include interventions based on the score of importance. More specifically, an intervention will be included after each round if >80% of the experts judged it as important or very important and excluded if >50% judged an intervention as not or moderately important. The three-round Delphi study will provide a list of included interventions and assess which of the 8 categories of interventions are considered as important. It is expected that this study can bring new ideas and inspiration to Chinese hospitals in the prevention and management of patient aggression and violence.

Keywords: patient aggression and violence, hospital interventions, feasibility, importance

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Authors: Natia Kvachakidze

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Translating fiction is a complicated and multidimensional issue. However, studying and analyzing literary translations is not less challenging. This becomes even more complex due to the existence of several alternative translations of one and the same literary work. However, this also makes the research process more interesting at the same time. The aim of the given work is to distinguish major obstacles and challenges translators come across while working on Ernest Hemingway’s short fiction, as well as to analyze certain peculiarities and characteristic features of some existing Georgian translations of the writer’s work (especially in the context of various alternative versions of some well-known short stories). Consequently, the focus is on studying how close these translations come to the form and the context of the original text in order to see if the linguistic and stylistic characteristics of the original author are preserved. Moreover, it is interesting not only to study the relevance of each translation to the original text but also to present a comparative analysis of some major peculiarities of the given translations, which are naturally characterized by certain strengths and weaknesses. The latter is at times inevitable, but in certain cases, there is room for improvement. The given work also attempts to humbly suggest certain ways of possible improvements of some translation inadequacies, as this can provide even more opportunities for deeper and detailed studies in the future.

Keywords: Hemingway, short fiction, translation, Georgian

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