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Resolving Incompatibilities Of Bilateral Investment Treaties Of The Eu Member States With The Ec Treaty: Individual And Collective Options, Ahmad Ali Ghouri
Resolving Incompatibilities Of Bilateral Investment Treaties Of The Eu Member States With The Ec Treaty: Individual And Collective Options, Ahmad Ali Ghouri
Ahmad Ali Ghouri
Bilateral Investment Treaties (BITs) concluded by the EU Member States contain substantially similar clauses, including free movement of capital and investor-to-state dispute resolution. Article 307 EC provides for the primacy of pre-accession treaties over the EC Treaty and simultaneously requires the Member States to eliminate their mutual incompatibilities. The European Court of Justice has declared that free movement of capital clauses of Austrian and Swedish pre-accession extra-EU BITs are incompatible with the EC Treaty as they will impede any restrictions on the movement of capital imposed as future Community legislation. A similar ‘free movement of capital’ clause is present in …
Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms
Labour Trafficking: Prosecutions And Other Proceedings, Fiona M. David Ms
Fiona David
In Australia, three defendants in two cases have been charged and prosecuted for ‘slavery’ or ’trafficking in persons’ under the Criminal Code (Cth), in circumstances where the crimes have allegedly occurred in contexts other than the sex industry. These cases tend to be described as instances of ‘labour trafficking’, even though the parameters of this phrase are far from settled (see further AIC 2009). This brief describes the progression of these two cases through the Australian court system, with varying outcomes.
Migrant Smuggling And Human Rights - Notes From The Field, Fiona M. David Ms
Migrant Smuggling And Human Rights - Notes From The Field, Fiona M. David Ms
Fiona David
Eastern Africa is one of the poorest, most conflict-riddled regions in the world and, within this region, migrant smuggling between countries is commonplace. The following article by Fiona David, a lawyer and researcher in smuggling and trafficking issues, seeks to provide some insights into the drivers and realities of migrant smuggling, and the human rights implications of this trade in human misery.
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Building The Infrastructure Of Anti-Trafficking: Information, Funding, Responses, Fiona M. David Ms
Fiona David
No abstract provided.
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Labour Trafficking: Key Concepts And Issues, Fiona M. David Ms
Fiona David
At the international level, there is no single, clear definition of ‘labour trafficking’. Arguably, the expression can be used to describe those forms of trafficking in persons of which the exploitative purpose relates to a person’s labour. There are, however, debates over the scope and meaning of these terms. This brief provides an introduction to key terms and notes some of the issues that remain less settled.