Delineation Of Rights Research Articles

Fisheries tenure arrangement in China: Legislative ambiguity, judicial settlement conflicts, and the gap in protecting traditional fishers’ rights

With fish stocks declining and fishing control improving, the delineation of rights and restrictions over fisheries resources for small-scale fisheries needs to be attached with more attention globally. As China’s social and economic environment changes, Chinese traditional fishers have also been facing growing challenges in maintaining their customary fisheries operation. With this as the core issue to be addressed, this paper examines the legislative status of fisheries tenure rights in China and the judicial opinions on disputes involving overlapping users’ rights to fisheries-related resources. It adopts a qualitative empirical analysis by reviewing two cases between long-practicing fishers and other entities and by generalizing nine other cases with similar factual backgrounds. It finds that the ambiguous tenure rights legislation in China cannot provide a solid basis for Chinese traditional fishers to affect fisheries-related decision-making processes. As a result, Chinese courts give incompatible judgments without sufficient consideration of traditional fishers’ customary tenure rights. A normative analysis of traditional fishers’ tenure arrangement in China is also rendered, mainly by drawing on the guidelines of FAO on sustainable small-scale fisheries. Then, this article provides suggestions for legislative improvement with a human rights dimension, including enhancing traditional fishers’ participation in decision-making processes and strengthening their property rights protection. This article offers a new perspective on the relationship between traditional fishers’ well-being, administrative powers, and legislative and judicial protections.

Fixes and Flux: Frontier Brokers, Political Settlements and Post-War Politics in Nepal and Sri Lanka

This article examines post-war politics in Nepal and Sri Lanka through the prism of centre-periphery relations, drawing upon and expanding political settlements analysis. We highlight two key features neglected in existing research on political settlements: first, the spatial dimensions of these settlements – particularly the salience of frontier regions in shaping post-war orders. These ‘sensitive spaces’ continue as sites of struggle in the post-war period and frontier battles over the reordering of space and the delineation of rights, authority and citizenship are central to the emergence of post-war political settlements. Second, within these post-war frontiers we highlight the role of ‘frontier brokers’ who mediate between national and local levels of the political system. Post-war frontiers provide an opening and a demand for brokers who act as both gatekeepers and go-betweens, balancing demands from communities at the margins with the need to forge alliances and extract resources from central actors. We argue that questions of space and agency need to be foregrounded in political settlement analysis, and studying the lives of frontier brokers provides a lens for understanding shifts in political settlements and the changing relationship between the national and subnational levels of the political system at war’s end.

Decoding the rise of Central Bank Digital Currency in China: designs, problems, and prospects

During the Covid-19 pandemic, there has been a rapid shift in global transaction patterns from offline to online digital payment models, along with a growing interest in the development of Central Bank Digital Currencies (CBDCs) in various countries. This article spotlights the unexamined issue of digital currency regulation by examining the practice and related regulatory rules of the pilot CBDC in China. Beginning with the global design choices of digital currencies, the article comparatively examines the technical design of China’s CBDC, known as e-CNY. It further triggers a rethinking of conventional regulations for the protection of digital currency information by investigating the gap between the actual operation and design of e-CNY, as well as the gap between pilot policies and legal provisions such as the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law. This article argues that, on the one hand, the legislative balance between the protection of personal information and the regulation of illicit financial activities involved in the “loosely coupled account link” system of e-CNY should be reconsidered. On the other hand, the delineation of rights and responsibilities between dissemination institutions, payment service providers, and end-users needs to be further redefined and clarified.

Law and the Economy: An Introduction to Coasian Law and Economics

Abstract Ronald Coase was a founding father of modern law and economics. Yet, Coase distanced himself from the economic analysis of law, which today dominates the law and economics scholarship, and proposed an alternative research program, which is referred to here as “law and the economy”. As market transaction presumes the delineation of rights, which are primarily defined and enforced by law, law obviously anchors the foundation of a market economy. Moreover, changes in the legal system are a main source of institutional change that reassigns rights and redraws constraints under which rights are exercised, thus fundamentally affecting transaction costs and how the economy works. “Law and the economy” recognizes the law as an integral part of the economy and calls for the study of the economic impact of law.

Textual Rights, Living Immunities

Is the Supreme Court, especially, but not exclusively, in the Chief Justice Rehnquist through Chief Justice Roberts eras, applying the interpretive methods of textualism and originalism consistently in cases involving, on the one hand, the delineation of rights and remedies, and on the other, the development of defenses and immunities? Conversely, does the Court selectively apply these methods asymmetrically? Framed more provocatively, is the Court developing jurisprudence marked by limited originalist and textualist rights, but also malleable living immunities? Whether there is a definitive answer to that question is uncertain, but even assuming, arguendo, that such an answer exists, the aspiration is beyond the scope of this Article. Indeed, the goals of this Article are much more modest: to ask the question and to scratch its surface.

The complicated business of setting up residential alternatives.

To meet the housing needs of deinstitutionalized clients characterized by low incomes, isolation from their families, and inability to function independently, the Massachusetts Mental Health Center has developed a range of community residential settings. Among them are the independent living apartment program, partly supported by section 8 rent subsidies from the Department of Housing and Urban Development, and group homes for 12 to 18 clients. Factors that have contributed to the success of the program include diligent cultivation of relationships with housing developers, innovative support from the staff of the state housing and finance agency, clear delineation of rights and responsibilities of tenants and owners, and the center's system of backup services for clients. The center is currently developing additional housing under HUD's section 202 demonstration program for housing of the handicapped through rehabilitation of existing buildings.

The Two-Edged Sword

A unanimous opinion of the Supreme Court is an unusual phenomenon today, when it seems that almost every other decision of that august court is determined by a single vote. Furthermore, it is encouraging to read the opinion written by Chief Justice Warren Burger in the case of<i>Addington vs Texas</i>. The reader must appreciate the wisdom and sensitivity disclosed by the careful analysis in that opinion, which deals with the legal problems inherent in the civil commitment of the mentally ill. The Court's determination of the standard of proof required by the due process clause of the Fourteenth Amendment for an involuntary commitment to a state mental hospital is wrapped in a comprehensive delineation of rights and duties. The main argument centered on use of the same standard of proof required in criminal actions, ie, proof beyond a reasonable doubt, as opposed to the more moderate standard of clear