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This paper examines the extent to which China’s aid policies integrate poverty alleviation as a goal of their aid in general, particularly in Guinea. More specifically, the paper analyzed how aid donors focus on poverty alleviation and which policies and mechanisms are in place to address poverty in the countries receiving aid. Regarding the methodology, the author collected data from secondary sources, including government declarations of donors, policy documents at both the donor and recipient levels, as well as from scholarly publications. The following findings resulted from study: China’s aid policies have progressively incorporated poverty alleviationobjectives and identified sectors for intervention against poverty. However, the limitations of China approach to poverty is that China adopts a top-down approach to poverty reduction and lacks of an impact evaluation mechanism based on poverty alleviation.
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This Practice Note considers challenges to the jurisdiction of arbitral tribunals under the Macau Arbitration Law, the scope of challenge before national courts and tribunals.
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This Practice Note provides an overview of the powers of tribunals and courts to issue interim remedies including an anti-suit injunction pursuant to the Arbitration Law and the Civil Procedure Code of Macau and provisions dealing with emergency arbitrator appointments pursuant to the Macau Arbitration Law.
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Under Macau Arbitration Law (MAL, art 64.1), an award shall be made in writing and shall be signed by the arbitrator or arbitrators. Furthermore, the law provides that in case of arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated (MAL, art 64.2).
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China's re-emergence as an aid donor has attracted the attention and criticism from Western donors, academia, and the media. In contrast to traditional donors, China's aid has been portrayed as anti-poverty aid, mainly due to its combination with other instruments, such as investment, and the absence of any political or economic conditions. This paper examines the impact of Chinese aid projects in Guinea's education sector from the perspective of the beneficiaries. The author collected data from both primary (interviews) and secondary (document analysis) sources. The present study concludes that China's aid projects in the education sector have received both positive and negative feedback, mainly because the recipients' needs have not been appropriately targeted. This study contributes to the literature on China's role in Africa. More specifically, it discusses the conditions for aid effectiveness in the field of education. Moreover, in the context of the globalization of aid practices, the study proposes best practices for China to adopt in order to improve the practices of its aid delivery. The novelty of this study lies in the methodology (qualitative method) used to understand China's aid from the perspective of the beneficiaries of its aid.
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The purpose of this research is to analyse the nexus between foreign aid and poverty reduction. In this research, aid provided by traditional and (re)emerging donors, China and France, was compared to understand their strategies toward poverty reduction and the impact of their aid in improving the conditions of their beneficiaries. Guinea, a Least Developed Country, was used as unit of comparison and assessment. Qualitative research methodology was used to collect data about the two aid donors, China and France. Among other research tools used, there are documents’ analysis (official documents from donors and recipients, declarations, scholarly works, media articles, etc.), interviews with various stakeholders, site visits and observation. As for main findings, this research found similarities and differences between China and France’s aid strategies in general and in Guinea in particular. There are similarities in the ways they integrate poverty reduction into their aid policies, motives and partly in their geographical and sectoral allocation systems. In terms of differences, they use different instruments and conditions to deliver their aid for poverty reduction. Regarding the impact of their aid, both donors have to some extent contributed to improving the access of the poor population in Guinea to basic services such as education, health, water and sanitation, etc. Finally, contrary to those who have denied the importance of foreign aid as a financial tool to reduce poverty, this research posits that aid is still a relevant tool to address poverty. However, more work needs to be done at donor, recipient and direct beneficiaries’ levels to ensure its effectiveness. On the other hand, it posits that the divide between traditional and (re)-emerging donors is becoming blurred as their strategies to address poverty are becoming increasingly alike
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The aim of this study is to analyze the crisis management of Macao SAR and the extent to which the community were engaged in the COVID-19 pandemic prevention and control. There are some issues found that when the pandemic breaks out and after outbreaks, such as poor information communication, low efficiency of prevention and control work, unsatisfactory compliance of the public, lack of pandemic prevention materials which affect the government's control of the pandemic in the past study. In Macao SAR, densely residential areas and dense population are the main considerations for pandemic prevention and control. Communities, as the main first line of defense for pandemic prevention and control, are also the bridge for communication between the government and the residents. The community have the advantages of timely and accurate information collection and accurate implementation of prevention and control measures. In this study found that the involvement of the Macao community may not be the key to the success of epidemic prevention in Macao. Community participation also faces many challenges, such as uneven distribution of facilities and services, lack of medical expertise of community workers, shortage of manpower and other shortcomings of community participation. It is possible that the Macao community is not playing a key role in the COVID-19 pandemic prevention and control. Given this scenario, the government needs to give full play to social forces and the role of the community in pandemic prevention and control. Currently, there are few studies on community involvement in COVID-19 prevention and control. Through COVID-19, this study puts forward some ideas that the government needs to pay attention to community development and improve citizens' community awareness to promote the Macao community. Improving the Macao community is conducive to Macao in the future crisis and community cooperation
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Objective: Over the past decade, arbitration has grown in popularity as a method of resolving commercial disputes worldwide. However, this practice is relatively new in Macao SAR. Recently, official plans were announced to make Macao as a seat of arbitration for commercial disputes between China and Portuguese-speaking countries (Hereinafter PSCs). This article is dedicated to explores the possibility of Macao undertaking and implementing such a role. Accordingly, this article addresses the following issues: What are the strengths and weaknesses of Macao as a seat and eventually as venue for hosting international commercial arbitration between Chinese and PSCs entrepreneurs?Methodology: A mixed-method approach of legal doctrinal and empirical research was used in this article. We first included a thorough study of the concept of arbitration followed by analysis of various legal journals and legislations, including Macao, China, and PSCs’ arbitration laws. An empirical research was then used to collect data by surveying and interviewing with both lawyers and arbitration practitioners from Macao, China and PSCs.Results: This article argues that the strength of Macao resides in the similarities between its legal system and that of the China and PSCs and the languages advantage (Chinese and Portuguese both official languages). In spite of this, arbitration is still relatively underutilized in the region, and there is a limited number of arbitrators and legal professionals with bilingual proficiency.Contributions: This article contributes to the identification of the opportunities and challenges that Macao faces in its potential future development as a seat/venue of arbitration between China and the PSCs.
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The following Arbitration practice note provides comprehensive and up to date legal information on Arbitration as a dispute resolution method in Macau
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Over the past several decades, the dichotomy between traditional and emerging donors has been based upon the notion that emerging donors (such as China) support authoritarian regimes and use foreign aid to pursue their economic interests at the expense of the poor in the recipient countries. Accordingly, Western donors, media, and scholars portray Chinese aid as non-poverty-focused. This study aims to review and analyze whether the dichotomy between traditional and emerging donors is still relevant in the current aid system and to propose a new and rigorous criterion for recategorizing donors. In terms of methodology, this study relies on secondary data, including scholarly works on traditional and emerging donors and foreign aid policy documents. Conclusions based on the research indicate that the divide between traditional donors and (re)emerging donors is becoming more ambiguous. The literature review indicates that the two donors’ aids had a mixed impact and that their approaches were similar. This paper highlights the importance of developing different recategorization criteria depending on the impact of aid.
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This dissertation is research regarding the achievements and challenges in artificial intelligence (A) regulation at a domestic level and international level. This study is important because there are more legal issues regarding the application of AI, and AI has grown to be part of the public’s daily lives. A mixed method has been adopted in this research: doctrinal legal research and a comparative legal research method. AI was invented in the 1950s and in the 2000s, has been more accessible to the public. The first AI regulation, the EU AI ACT, has recently been enforced, an AI regulation that has been around for nearly seven decades after its invention. It is high time that regulators in different states invest more effort in AI regulations
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The aim of this study is comparing the jurisdiction of the National Security Law in Hong Kong SAR and Macau SAR, also reviewing the practical implementation of the law in the two SARs, analyzing the Chinese government's participation in the governance of national security in two SARs, and exploring the future sustainability of National Security Law in two SARs
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In the 21st century, poverty still remains a serious issue for the world, halting development and growth of nations. SDG 1 refers to the first Sustainable Development Goal (SDG) established by United nations. It has as goal to “end poverty in all its forms everywhere”. Cape Verde as an UN member also adopted it and aligned national policies to achieve it. This thesis aimed to analyze the different policies adopted by the government of Cape Verde to implement SDG 1. Moreover, this dissertation will also point out the different actors behind the implementation of SGD 1 in Cabo Verde (both national and international actors), as well as find out their role in alleviating poverty in Cabo Verde, in other words, how they contribute to poverty alleviation in Cabo Verde. Based on a qualitative methodology, using document analysis as method to collect the data and further using thematic analysis to analyze, code and categorize the collected data, the study was able to answer the two research questions: Research question 1: What are the different policies adopted by the government of Cape Verde to implement SDG 1. Research question 2: Who and what are the roles of the actors involved in the implementation of SDG 1 in Cape Verde? The findings of the study revealed that: As to research question 1, the study found out that the government of Cape Verde has adopted several policies geared towards poverty reduction. Such policies included social protection policies, investment in infrastructure policies, investment in education policies, investment in health policies, investment in rural development policies, economic diversification policies, gender equality and women empowerment policies, job creation policies and climate change adaptation policies. As for research question 2, the study 4 revealed there are two main Actors are responsible for the implementation of SDG 1, government institutions and National and International Partners. On one hand, the government of Cape Verde is focused on creating and adopting polices that target the poor, as result this make sure that they can lift from poverty or at least avoid they sinking into deeper poverty. On the other hand, the partners (here known as Actors) helping on the implementation of SDG 1 in Cape Verde work as a backup for the government, helping it on other issues related to SDG 1 implementation such as knowledge and capital provision and so on. The Cape Verde government is dedicated to reducing poverty, focusing on the unemployment and migration phenomenon. These factors contribute to poverty and exacerbate it. Despite these challenges, the overall outlook on poverty reduction in Cape Verde is optimistic, indicating a significant commitment to address the root causes of poverty
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The dissertation is about the study on the usage of mediation as the dispute mechanism on the cross-border family dispute issue in the Guangdong -Hong Kong- Macau Greater Bay Area through a comparative law aspects. Under the background of the Country’s Policy in integrating the citizens of the two SARs into China. The citizens of different provinces in PRC and the two SARs have frequent contact such as in business, in personal affairs and so on, the more the contact the more the possibility disputes will arise. With three different jurisdictions and the backlogs from the Courts, to find out the possibility of using another dispute resolution is essential. The study found out the perspectives of the disputed / litigated parties, courts and legal practitioners in usage of mediation, the nature of mediation in use in GBA and the strengths and limitations on the usage of mediation. This research used a mixed methods including doctrinal legal research, comparative legal research method and empirical legal research method. It result from the finding that though there is no specialized legislation in usage of mediation in Macau SAR, there is practice in usage of family mediation. Besides that the judicial mediation in PRC is not the mediation we defined in the literature review, thus it is the conciliation. Whether the recent development in Hong Kong SAR on the procedures M-FDR and M-CDR are in conflict with the facilitative mediation which has all along been practiced in Hong Kong SAR. In conclusion, the perspectives in usage of mediation in PRC and Hong Kong SAR are higher than Macau SAR and the nature of mediation in usage are different in the three jurisdictions. Lastly, in the dissertation provided some reflections on the development of family mediation mechanism in Macau SAR and how to merge the different natures of mediation in GBA
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This dissertation examines the current implementation of specific Sustainable Development Goals (SDGs) within the Macau legal system, despite the non-mandatory nature of these goals and how they were implemented. The SDGs, established by the United Nations, provide a comprehensive framework for addressing global social, economic, and environmental challenges. While Macau is not obliged to adopt the SDGs, this study aims to explore the extent to which the principles and objectives of specific SDGs have been integrated into the legal system of Macau. Through an analysis of relevant laws, and policies, this research seeks to identify alignment and visible gaps between the SDGs and the Macau legal framework. The findings of this study may contribute to a deeper understanding of the voluntary implementation of the SDGs in Macau and provide insights for other jurisdictions facing similar circumstances
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The understanding of how people accept and embrace new policies is vital in today's world. This paper introduces an original way of looking at this by adapting the widely recognized Unified Theory of Acceptance and Use of Technology 2 (UTAUT-2). The goal is to provide a foundational model for assessing policy acceptance. More specifically, we adapted the UTAUT-2 framework to study how Macau residents perceive the "Northbound Travel for Macau Vehicles" policy, which allows cars with Macau registration plates to enter China. Using structural equation modeling software (SmartPLS), we analyze data collected from 136 respondents who experienced the policy.Our findings reveal that Performance Expectancy (PE) and Habit (HB) significantly influence individuals' intention to take advantage of the policy. In other words, people are more likely to embrace policies they perceive as beneficial and that align with their existing habits. Effort Expectancy (EE) and Facilitating Conditions (FC) do not significantly impact acceptance, perhaps as a result of participants' familiarity with the policy and their resource availability. Surprisingly, while not directly tied to usage, Social Influence (SI) shows a high mean value, suggesting its potential role in policy acceptance when influential individuals adopt the policy. This pioneering research contributes to the field by bridging the gap between technology acceptance models and policy studies. Most importantly, it validates the use of the UTAUT-2 as a technology framework that is adapted for assessing policy acceptance.
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USJ Theses and Dissertations
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Faculty of Business and Law
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- Alessandro Lampo (1)
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United Nations SDGs
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