Abstract
The Oxford Living Dictionaries defines theory as ‘[a] supposition or a system of ideas intended to explain something, especially one based on general principles independent of the thing to be explained.’ It can be ‘[a] set of principles on which the practice of an activity is based’; or ‘[a]n idea used to account for a situation or justify a course of action’; or ‘[a] collection of propositions to illustrate the principles of a subject’ (Oxford Living Dictionaries).
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Notes
- 1.
Hart divides rules into two types, including ‘primary rules that either limit or expand liberty; and secondary rules that are about the primary rules’. Hart also distinguishes three different kinds of secondary rules, including ‘those that create a power to legislate; others that create a power to adjudicate; and finally, a ‘rule of recognition’. The rule of recognition is ‘not a power-conferring rule, instead, it sets out the conditions that must be satisfied in order for a norm to count as part of the community’s law’. Cited by Patterson in Philosophy of Law and Legal Theory at p. 245.
- 2.
Pacta sunt servanda is Latin for ‘agreements must be kept’. See, Garner (2004), p. 1217.
- 3.
Ius or Jus (Latin, plural iura) etymologically means ‘that which is binding’ and comes from the same root as iungere, ‘to join’. In ancient Rome it was used primarily to mean a right to which a citizen (civis) was entitled by virtue of his citizenship (civitas). See, Youdao Dictionary.
- 4.
Some may consider the duty as a power of licensing instead of supervision duty, in that case, modern jural relation notion is applied, relation is set up between competent authority and the manufacturer, licensing is the object of the jural relation, and competent authority and manufacturer are the two subjectives.
- 5.
Hereinto, international economic relations include international trade, international investment, international finance and international taxation and so on.
- 6.
‘Public law (lat. ius publicum) is that part of law which governs relationships between individuals and the government, and those relationships between individuals with are of direct concern to society’. See, Martin (2003). E.g., constitutional law, administrative law, tax law and criminal law, and procedural law.
- 7.
In practice, TCM practitioners can provide TCMP as well. Here the situation mainly discussed refers to the medicinal product produced through manufacturers.
- 8.
Information in the figure is referenced to A Theory of Human Motivation (Maslow 1943).
- 9.
In practice, it is often not the truth. Since not many people, enterprises or states would undertake non-profitable business in international trade for only concerning the public interest of the importing state. The state concerns the interest of the state the most, ideally the majority of people in the society.
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Wang, S. (2020). The Legal Theoretical Framework for Market Access of TCMP. In: Market Access of Traditional Chinese Medicinal Product in the EU under WTO Legal Framework. Economic and Financial Law & Policy – Shifting Insights & Values, vol 5. Springer, Cham. https://doi.org/10.1007/978-3-030-52848-5_2
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