Suchergebnisse

In the past 30 years, the inspiring progress of the basic education in China has attracted global attention, not merely for China's determination of developing national education, but for the workable strategies adopted by the Chinese government to implement the right to education as well. The right to education, a fundamental human right recognized in both global and domestic legal system, is elaborated by United Nations human rights bodies on four key dimensions of availability, accessibility, acceptability, and adaptability. The achievement of expanding education to all children for minimum of nine years in China, to a certain extent, is a quantitative triumph of universal access to basic education. However, beyond the statistical victory of enrollment in schools, the increasing disparity of access to good quality education among different social groups, especially between urban and rural children, remains the biggest challenge for China to fully meet the four dimensions of the right to education. The thesis attempts to explore the factors related to policy-making, institutional governance and legal protection, which may result in the gaps in qualitative development of the basic education in China. The study focuses on the development of basic education in China and scrutinizes the two aspects of implementation of the right to education: policy-making and protection of individual right. In the line with a human rights-based approach promoted by United Nations and UNESCO, the thesis evaluates how the Chinese government performs the obligations to promote, protect and fulfill the right to education in terms of availability, accessibility, acceptability, and adaptability. The thesis observes that the fulfillment of right to education in China, despite the remarkable quantitative increase in school enrollment and educational facilities, has not fully complied with the obligations required by the relevant human rights treaties. To meet with universal standards on basic education further, the study concludes that strategies for implementing the right to education in China must shift to qualitative development by applying a rights-based approach to education and an effective framework for the provision and enforcement of legal remedies for the substandard education. These analyses are crucial to inspect the development of Chinese basic education, which both presents China's successful strategies of promoting national action plans of education, and reveals gaps remained in the enforcement of the right to education in China. The purpose of the research is not only to address the current problems existing in the field of basic education, but also to explore the adoptable measures to further improve the enjoyment of the right to education in China. ; published_or_final_version ; Law ; Master ; Doctor of Legal Studies

Clean development mechanism (CDM) is encountering many uncertainties due to the coming end of the commitment period and critically suggested reformation. As the largest participant in the CDM market, China shoulders the biggest proportion of market risk. Among the studies on CDM in China, few have focused upon the legal aspect of CDM, which is crucial in defending developers' interests. To fill this research gap in making the transition from policy to law, this paper claims that carbon emission right, which is the basis of trade, should be attributed as a property right in Property Law of People's Republic of China. The present study will discuss the characteristics of carbon emission, definition, and legal attribution of carbon emission right. The valid object of carbon emission right in the CDM market under Property Law should be certified emissions reductions (CERs). The usufructuary right could be specifically applied in practice to the owners' property right on CERs in China. Although experience from the CDM is not fully applicable to the development of cap and trading, the success of CDM market provides a reasonable platform to study emission right in the view of legal science. Furthermore, the proposed research acts as the pioneer study that lay the theoretical foundations in legal science on emission right trading for other potential schemes, which in turn addresses international environmental issues. Adapted from the source document.