Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 14 of 14

Full-Text Articles in Law

Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi Jan 2014

Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi

Hassan Razavi

The trade-based distributional policies have reinforced the issue of social standards in societies and the encroachment of free trade on other international standards particularly the labor standards has linked this matter with the issue of comparative advantage, thus opening the door for claims which are not made in good faith. This research studies the linkage of free trade and social standards under the WTO umbrella and based on justice theories, develop a framework in which the claims for both the protection of human rights and economic growth could be met by developing the idea of parallelism within the current regime …


The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson Jan 2014

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …


The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron Jul 2013

The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron

Christopher David Ruiz Cameron

No abstract provided.


Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman Mar 2013

Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman

Bruno PS Van Eck

The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …


"Ethics And The United Nations International Civil Servant: The Jurisprudence Of The United Nations Dispute Tribunals And The United Nations Appeals Tribunal On Workplace Retaliation - The Rights Of The 'Whistleblower' In The United Nations", Tamara Shockley Jan 2013

"Ethics And The United Nations International Civil Servant: The Jurisprudence Of The United Nations Dispute Tribunals And The United Nations Appeals Tribunal On Workplace Retaliation - The Rights Of The 'Whistleblower' In The United Nations", Tamara Shockley

Tamara A. Shockley

This article surveys emerging issues in the approach of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal in the area of workplace retaliation and the rights of “whistleblowers” in the United Nations. The article examines the institutional framework for managing ethics in the United Nations and the importance of ethics as a tool for United Nations corporate governance. The developing jurisprudence of ethical compliance by the United Nations Dispute Tribunals and the United Nations Appeals Tribunal demands an analysis of the United Nations jurisprudence in the occurrence of workplace retaliation and conditions for actionable workplace retaliation before …


International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish Jun 2011

International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish

Varun Vaish

The regulation of transnational corporations (TNCs) by an international legal order fundamentally centred on states proves to be difficult when they exercise political influence and have the ability to generate revenue which can eclipse the economies of many countries in comparison. According to the World Investment Report 2007, as of 2006 there were 78,411 parent corporations and 777,647 affiliates worldwide.4 The scale of the concentration of economic power is illustrated by the statistics: of the world’s hundred largest economic entities, 51 are multinational companies and 49 are nation states. The Texaco Corporation functioned for years in Ecuador with annual global …


Acquired Rights In Administrative Courts Of Connoted International Organizations. Jurisprudential Study,, Juan Lapenne Jan 2011

Acquired Rights In Administrative Courts Of Connoted International Organizations. Jurisprudential Study,, Juan Lapenne

Juan Lapenne

No abstract provided.


Extending The Scope Of Application Of Labour Laws To The Informal Economy”, Digest Of Comments Of The Ilo Supervisory Bodies Related To The Informal Economy, Cleopatra Doumbia-Henry Dec 2009

Extending The Scope Of Application Of Labour Laws To The Informal Economy”, Digest Of Comments Of The Ilo Supervisory Bodies Related To The Informal Economy, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss Mar 2009

Architectural Digest For International Trade And Labor Law: Regional Free Trade Agreements And Minimum Criteria For Enforceable Social Clauses, Marley S. Weiss

Marley S. Weiss

Until the advent of binding “social clauses” in free trade arrangements, and incorporation of stronger social rights in the European Community treaties, the rapid widening and deepening of international commercial integration proceeded largely separate from international labor rights obligations. Inclusion of a “social clause” in a trade agreement ensures that the parties´ international labor rights commitments have equal dignity and binding force with their trade obligations. The threat of economic sanction for non-observance of labor commitments akin to the penalties for trade rule violations also may provide some “teeth” to induce compliance, unlike the lack of economic sanctions for violation …


Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry Dec 2008

Building The Momentum For The Ilo’S Maritime Labour Convention, 2006, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


How Biometrics Helps The Seafarer And World Trade, Cleopatra Doumbia-Henry Jun 2006

How Biometrics Helps The Seafarer And World Trade, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry Oct 2004

The Consolidated Maritime Labour Convention: A Marriage Of The Traditional And The New, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry Sep 2003

Current Maritime Labour Law Issues: An Internationally Uniform Identity Document For Seafarers, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.


Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss Dec 1998

Foreword: Proceedings Of The Seminar On International Treaties And Constitutional Systems Of The United States, Mexico And Canada: Laboring In The Shadow Of Regional Integration, Marley S. Weiss

Marley S. Weiss

No abstract provided.