(Pix © Larry Catá Backer 2015)
The abstract follows and may be accessed via SSRN HERE.
The manuscript may be accessed here.
Comments and discussion welcome.
1. The Framework of Rule the State in accordance with Constitution (Rule of Constitution, hereinafter): People, People’s Congress, and Communist Party of China.
2. Correct understanding of democracy and representative democracy
i. PRC Constitution Art. II:
All power in the People’s Republic of China belongs to the people.
The National People’s Congress and the local people’s congresses at various levels are the organs through which the people exercise state power.
The people administer State affairs and manage economic and cultural undertakings and social affairs through various channels and in various ways in accordance with the provisions of law.
The State organs of the People’s Republic of China apply the principle of democratic centralism.
The National People’s Congress and the local people’s congresses at various levels are constituted through democratic elections. They are responsible to the people and subject to their supervision.
All administrative, judicial and procuratorial organs of the State are created by the people’s congresses to which they are responsible and by which they are supervised.
ii. Upholding principle role of people (reference to Important Decision on certain important issues of Full and Deep Reform)Theoretically and Practically, it (upholding principle role of people) can only be expressed as upholding the principle role of NPC and local people’s congresses at various levels.
1. The relationship between representative democracy and deliberative democracy.
2. The triangle of Party’s leadership, People as Master, and Rule the state in accordance with law
Relationship and difference between Party’s Leadership, People as Master, and Rule the state in accordance with Law (hereinafter rule of law);
What’s the relation between conflict and difference?
The natural unification of Party’s Leadership, People as Master, and Rule of Law, true or not?
The unification of triangle, condition or not?--If the unification is unconditional, how to explain the non-unification?What’s the role of people’s congress within triangle unification (three unification)?
--If the unification is conditional, what are the conditions?
What function is need and how to implement it in order to fulfil the unification of three?
3. Relation between current Constitution and principle of “rein the power within the cage” (the relation between current constitution and socialist constitutionalism)
First is the understanding—Easy to Do, Hard to Know
- Public power system with restrictions, the list of power (function, authority) the relation between constitution and division of power (function, authority; There is a Constitution, There are must be divisions of power (or division of authority, separation of power, division of functionality, shan’s note) when state apparatus apply the power according to the constitution, ie. not override authority, not malpractice, restrictions of power would be formed in this process.
- Understanding the theoretical implication of the accepted the constitutional expression on power restriction:
Members of NPC Standing Committee and Standing Committee of local Congress at various level cannot serve on State administrative institution, Courts and procuratorate;
- Relation between court, procuratorate, and public security.
--“Central Committee of CPC’s Decisions on Certain important issues concerning Full and Deep Reform:”
--Progress the People’s Congress System with the Pace of Time. Upholding the principle role of people, advance the theory and application of people’s congress system, and implement the core political function of people’s congress.
Major Research & Study on Theory and Application
a. How to properly understand and interpret People’s Congress System (reference with president system, parliament system and semi-parliament, semi-president system)?
b. How to understand the coordination and cooperation between political life principle (planned politics) and economic life principle (market economy)?
The reform of People’s Congress (the core issue is to install representative function within the vanguard leadership of party)
a. Election system reform;
b. The constitute member and institution reform;
c. Fully implement constitutional duty: such as protecting basic rights (of people), legislation, and constitutional supervision.
With the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), special procedures undertake country visits; act on individual cases and concerns of a broader, structural nature by sending communications to States and others in which they bring alleged violations or abuses to their attention; conduct thematic studies and convene expert consultations, contribute to the development of international human rights standards, engage in advocacy, raise public awareness, and provide advice for technical cooperation. Special procedures report annually to the Human Rights Council; the majority of the mandates also reports to the General Assembly. Their tasks are defined in the resolutions creating or extending their mandates. (Special Procedures of the Human Rights Council)For those interested in determining the leading edge of what may become issues both within international organizations, and in states, following the relevant Special Procedure Mandate Holders' work may be useful. Indeed, though much of the work of Special Procedures do not have direct effect, the activities of Special Procedure Mandate Holders may sometimes have substantial effects on conversation and policy movements in the international and national spheres. Yet often the work of these Mandate Holders is overlooked. Lawyers and legal academics tend to underestimate the effect of this work on the development of both soft and hard law, especially indirectly by influencing policy discussion, and directly by providing frameworks which might be transposed into something more binding. International relations specialists tend to overlook the importance of the political choices made to establish or avoid special procedures. Business tends to be oblivious, perhaps because this is considered "politics" or "policy" far removed from areas of direct interest to business. These notions are pathetically shortsighted, of course. Much of the work of Special Procedures Mandate Holders will have a direct or indirect effect on either the territories within which business operates, or will affect the legal or governance frameworks within which business might have to operate. Civil society tends to be the most sensitive to the work of Special Procedures, though an inability to develop coherent approaches to interaction tends to dissipate their effectiveness in engagement with the work of the mandate holders.
Research on the role of sovereign investments in a time of crisis is still unsatisfactory. This Research Handbook illustrates the state of the art of the legal investigation on sovereign investments, filling necessary gaps in previous research. Current focus is based on investment flows and trends, grounded in economic scenarios and objectives. Conversely, investigations from a legal standpoint are still few, namely disregarding the host states’ concerns about sovereign investments goals and tools. Hence, most of the many relevant drivers that affect current sovereign investments, be they FDI or portfolio investments, remain unexplained. This book investigates the juridical foundation of sovereign investments and extends our frontier of understanding.Contributors include: Giovanna Adinolfi, Fabio Bassan, Massimilliano Castelli, Larry Catà Backer, Anna De Luca, Salar Ghahramani, Kathryn Gordon, Locknie Hsu, Angela Lee, Francesco Munari, Joachim Pohl, Benjamin J. Richardson, Paul Rose, Fabio Scacciavillani, Michele Vellano, Annamaria Viterbo, Todd J. Weiler, Elizabeth Whitsitt. My contribution is found as chapter 3 "SWFs in Five Continents and Three Narratives: Similarities and Differences".