【学生学术期刊】《青年国际法与比较法评论》第19期正式发布！

《青年国际法与比较法评论》（第19期）目录

摆在大家面前的这份刊物，是西南政法大学在探索培养涉外法律人才教育培养创新机制过程中的产物，由学生自主创办的英文刊物。 

法律教育的得失，事关国家的盛衰，一个成熟的法治国家应当把法律人才的培养作为成就法治事业的基石。在新中国法学教育的曲折过程中，在改革开放后法学教育大发展的背景下，西南政法大学从曾经的辉煌到不断地超越辉煌，有力地促进了国家的法治建设。近些年来，成为部市共建高校、入选教育部卓越法律人才教育培养基地、承建中国-东盟法律研究中心和中国-东盟高端法律人才培养基地，开创与商务部、外交部等部门协同创新涉外法律人才教育培养和项目研究的机制，等等，为涉外法律人才的教育培养创造了难得的机遇。在这个意义上，《青年国际法与比较法评论》创刊，可谓适得其所、适逢其时。

面对着这样的时代特征和历史使命，希望刊物能给予师生以法律视角看世界变化发展的平台，产生思维与智慧的碰撞，能让读者走近法律名家，领略大家风范，取其精华为己用。 

祝愿《青年国际法与比较法评论》办出水平、办出特色。

张国林

时任西南政法大学党委书记

教授及博士生导师

1. EU Model of Business-to-Government Data Sharing and Its Implications for China

Wei Wu

School of Global Governance,

Beijing Institute of Technology, Beijing

Abstract: Data is a key element in the digital era, representing the core asset and competitiveness of businesses and serving as a scientific guide for the government to perform its duties and responsibilities. Business-to-government data sharing will stimulate the social value embedded in business data and maximise public interest. The Data Act establishes a mechanism for mandatory business-to-government data sharing, and clearly stipulates the subjects, reasons, procedures, rights, and obligations of data sharing, which is expected to promote the full utilisation of data elements and enhance the well-being of the society. China can learn from the EU model to balance the public interest and private interest of businesses, and improve the security mechanism, so that business data can play a greater role in government decision-making and public services.

Keywords: Data Act; business data; data sharing; government; public interest

2.The Basic Principles and Practical Paths of Legal Construction in Yunnan Free Trade Zone in the New Era

Li Xue   Ma Teng

1. Faculty of Education Yunnan Normal University, Kunming

2. Institute of International Relations Yunnan University, Kunming

Abstract: The construction of the rule of law is an important way to achieve modernization of the national governance system and governance capacity, and is of great significance for improving the governance level of free trade zones. In the context of the new era, prioritizing the rule of law is a key issue in the construction of free trade zones. This article elaborates on the necessity and importance of the rule of law construction in Yunnan Free Trade Zone in the new era, the basic principles and goals of rule of law construction, and explores the practical path of rule of law construction in Yunnan Free Trade Zone in the new era. Combining with the actual situation of rule of law construction in Yunnan Free Trade Zone, feasible countermeasures and suggestions for the rule of law construction in Yunnan Free Trade Zone are proposed.

Keywords: Yunnan Free Trade Zone; rule of law construction; basic principles; practical path

3.Problems and Solution Paths of China's Foreign Investment Data Security Review System

MaYuanyuan

School of International Law 

Southwest University of Political Science and Law, Chongqing

Abstract: A system of three basic laws has been formed in data governance, led by the National Security Law, with the Cybersecurity Law, the Data Security Law and the Personal Information Protection Law as the three basic laws. In the case of foreign investment activities involving the handling of a large amount of personal information, involving critical information infrastructure, important data, or involving specific industries such as finance, in order to eliminate possible national security risks in the field of data, it is necessary to review data-related content in this concern security review of foreign investment. However, at present, there is a data security review system in the field of foreign investment in China that is not yet perfect, the data outbound security review standard is not clarified, the level of domestic data outbound supervision is limited, and the data classification and grading protection system still needs to be improved. Therefore, it is possible to improve China's foreign investment security review system and improve the capacity of foreign investment data security review by strengthening the legislation in this area, establishing a sound institutional framework for foreign investment data security review, and learning from the experience and practices of the United States, Europe and other countries in data security review.

Keywords: foreign investment; data governance; foreign investment data security review; data exit

4.A Review of DEPA Trade Facilitation Rules and China's Response

He Li

School of International Law

Southwest University of Political Science and Law, Chongqing

Abstract: As the world's first digital specific agreement, DEPA has formulated rules such as paperless trade, electronic transactions, and electronic payments to promote trade facilitation through digital means. However, due to the high degree of differentiation in the digital trade environment among different countries and regions, the smooth implementation of DEPA trade facilitation rules faces multiple challenges. At this critical time when China is applying to join DEPA, it is crucial to start from the domestic rule of law in China, moderately transform the rule of law thinking, improve the compatibility between domestic rules and DEPA rules, and expand China's digital trade international cooperation platform. This article first analyzes the basic connotations of trade facilitation rules from the perspective of their implementation difficulties and China's current rule review, exploring the connection between the two. Finally, based on the national conditions, a China plan is proposed.

Keywords: digital economy; DEPA; Trade Facilitation Rules

5. A Study of China's Service of State Immunity Cases

Xin Andi

School of International Law

Southwest University of Political Science and Law, Chongqing

Abstract: After the implementation of the Law of the People's Republic of China on Foreign State Immunity, China has taken important steps in the construction of foreign-related rule of law. This article emphasizes the importance of service in state immunity cases and analyzes the particularities of the service procedure in state immunity cases. After a detailed analysis of the service provisions in the Foreign State Immunity Act, the applicability and limitations of different modes of service, such as treaty service, service by central authority, service by diplomatic channels, and diplomatic notes, are discussed. The paper also points out the due process problems and diplomatic intervention problems that may be encountered in judicial practice, and puts forward corresponding countermeasures, such as improving the domestic legal guarantee mechanism and strengthening the application of international law, so as to ensure the due process of diplomatic intervention and safeguard judicial fairness and national sovereignty.

Keywords:Foreign State Immunity Act; Diplomatic service; diplomatic notes; National sovereignty

6. Research on the Cross-border Data Flow Provisions under RCEP and China's Response

Chen Binrui

School of international law

Southwest University of Political Science and Law

Abstract: The world economy is transforming and developing in the direction of digitisation, and thus ushering in an era of digital economy, where data has become a major driver of world economic trade and a source of economic growth. Against this background, the cross-border flow of data has attracted the attention of countries, not only in their domestic legislation, but also in the free trade agreements signed between countries, of which RCEP is a typical example. The study of the data flow rules under RCEP begins with the new concept of the agreement on data flow across borders - "the free flow of data while allowing restrictions on the flow of data across borders in certain circumstances" - and examines the general rules and the specific application of the exceptions respectively, so as to derive inspiration from the concept of the RCEP in designing cross-border data free flow clauses, and to improve the existing data flow rules in the country.

Keyword: Cross-border data flows; RCEP; Exceptional provisions; China's response

7. DEPA Rules of Data Sharing between Companies and China's Response

Wang Yuhan

School of international law

Southwest University of Political Science and Law

Abstract: [Purpose] China has formally applied to join DEPA. Rules of data sharing between companies are the core content of the "innovation and digital economy" chapter of DEPA. This paper analyzes the content and progressiveness of DEPA rules of data sharing between companies, and explores China's response.[Method] Analyze the obstacles faced by China in docking with the DEPA rules of data sharing between companies, study the reference significance of the EU similar data sharing rules for China, and based on China's national conditions, propose specific suggestions for China's docking with the DEPA rules of data sharing between companies.[Conclusion] China can draw on the beneficial practices of the EU to formulate laws and regulations on data sharing between companies, clarify the rights and obligations of data sharing entities, strengthen coordination with other parties to technical standards of digital trade, and establish a mutual trust mechanism for cross-border data sharing among international DEPA parties.

Keywords: DEPA; data sharing between companies; cross-border data flows; digital trade

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