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An Assessment of Gaps of Legal Mechanisms of B&R Implementation in Africa: Ethiopia's Perspective
While there have been discussions focusing on B&R for African countries, little has said about the legal aspects governing B&R among African countries. Against this backdrop, this article examines the legal frameworks governing the B&R in Africa, taking Ethiopia as a case in point. It analyses the available legal mechanism between China and Africa to ensure the rights and obligations of parties involved in B&R and the limitation on the existing legal issues. This article argues that despite B&R being mutually beneficial, B&R goals necessitate a legal framework governing B&R. There are hardly any specific laws that govern B&R among African countries; the existing multilateral frameworks are nonbinding and are not B&R-specific; some of the African countries including Ethiopia are not yet a member of relevant multilateral forums. These all impede the application of WTO and ICSID in the context of B&R. Therefore, in the short run, there is a need to negotiate or update the existing treaties between African countries and China. In the long term, China and Africa must work towards a legal framework applicable to all the parties eventually. Keywords: Legal Cooperation; B&R; China; Ethiopia; African
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The International Convergence of Criminal Procedural Law in China: A Criminal Discourse Analysis of Defendant's Rights
After the Second World War, the issue of human rights protection has aroused extensive discussion on a global scale, and many domestic and international laws that have been born after that have reflected concerns about human rights issues. As far as criminal litigation is concerned, due to the obvious inequality of power in the criminal litigation process, the issue of how to restrain public power and protect the rights of the defendant in criminal litigation has also received a lot of attention. From 1979 to 2018, in the context of globalization and reform and opening up policies, China's criminal procedure law has also undergone a series of reforms. During the reform of the Criminal Procedure Law of the People's Republic of China, there is an obvious trend of internationalization, and the gradual improvement of the protection of the rights of the defendant is an example of this trend. The attention paid to the rights of the defendant in the reform of the Criminal Procedure Law of the People's Republic of China is reflected in the specific language use in each version. This article aims to use Fairclough's critical discourse analysis theory to analyze the differences in language expression related to the rights of the defendant in the four editions of the Criminal Procedure Law of the People's Republic of China revised from 1979 to 2018 from a language level. Based on the theoretical framework of Critical Discourse Analysis proposed by Fairclough, three types of verb phrases related to the accused: "kě yǐ+X"(may+X), "yǒuquán+X" (have the right to+X), and "tígō ng+X" (provide+X) in the four versions of the Criminal Procedure Law of the People's Republic of China from 1979 to 2018 are analyzed for two other interrelated dimensions of discourse-discursive practice and social practice that occur in a specific political and social context. The research results of this article show that these three types of verb phrases have been used more frequently in the several editions of the Criminal Procedure Law revised in 1996 and later, and their collocations are more abundant. This linguistic phenomenon shows that the Criminal Procedure Law of the People's Republic of China has gradually given the defendant more rights in the reform process, so that it can have more opportunities to contend with public power. The emergence of this change is closely related to the globalization of law, the development of market economy, the development of socialist democracy and the rule of law. In addition, this article also found that since the outbreak of the COVID-19 pandemic, the judicial department has also taken corresponding convenient measures to protect the rights of the defendant in criminal proceedings. Keywords: Human Rights Protection; Criminal Procedural Law; Fairclough's Critical Discourse Analysis Theory