Codifying the minimum standards of the law of international watercourses: remarks on part one and a half

1997 ◽  
Vol 21 (2) ◽  
pp. 109-117 ◽  
Author(s):  
Attila Tanzi
Keyword(s):  
Minimum Standards ◽  
The Law

Pola Penyelesaian Sengketa Waralaba Produk Teh Poci Di Ponorogo

2021 ◽  
Vol 1 (1) ◽  
pp. 29-40
Author(s):  
Haris Djayadi
Keyword(s):  
Dispute Resolution ◽  
Code Of Conduct ◽  
Legal Research ◽  
Existing Problems ◽  
Minimum Standards ◽  
Complaint Handling ◽  
The Law ◽  
The Ideal

The purpose of this study is first to find out the pattern of dispute resolution in the franchise practice of Teh Poci, the second is to describe what the ideal pattern should be. In accordance with the characteristics of the existing problems, the most relevant form of approach to analyzing the above problems is empirical legal research. This research sees law as a reality in society, meaning how the law is practiced. The settlement of default on the agreement in the Tea Poci product franchise business in Ponorogo is the cancellation of the contract as a result of default and is settled on the principle of peace, namely by consulting and negotiation techniques. Ideally, under such a mechanism the franchisor should develop an internal procedure for handling complaints. However, this procedure is not stipulated in the franchise agreement and meets certain minimum standards. This standard should provide a procedure for resolving disputes. If a dispute arises, either party can initiate a complaint handling procedure under the Code of Conduct, or under a franchise agreement.Tujuan dari penelitian ini adalah pertama untuk mengetahui pola penyelesaian sengketa dalam praktek waralaba Teh Poci, kedua untuk mendeskripsikan pola yang ideal yang seharusnya. Sesuai dengan karakteristik permasalahan yang ada, bentuk pendekatan yang paling relevan untuk menganalisis permasalahan di atas adalah penelitian hukum empiris. Penelitian ini melihat hukum sebagai realitas dalam masyarakat, artinya bagaimana hukum itu dipraktikkan. Penyelesaian wanprestasi atas kesepakatan dalam usaha waralaba produk Teh Poci di Ponorogo adalah batalnya akad akibat wanprestasi dan diselesaikan dengan prinsip damai yaitu dengan teknik konsultasi dan negosiasi. Idealnya, di bawah mekanisme seperti itu pemilik waralaba harus mengembangkan prosedur internal untuk menangani keluhan. Namun, prosedur ini tidak diatur dalam perjanjian waralaba dan memenuhi standar minimum tertentu. Standar ini harus menyediakan prosedur untuk menyelesaikan perselisihan. Jika timbul perselisihan, salah satu pihak dapat memulai prosedur penanganan keluhan berdasarkan Kode Etik, atau berdasarkan perjanjian waralaba.

Part I Commentary on the ICDR International Rules, 30 Article 30—Time, Form, and Effect of the Award

2019 ◽  
Author(s):  
Gusy Martin F ◽  
Hosking James M
Keyword(s):  
Potential Application ◽  
Comprehensive List ◽  
Minimum Standards ◽  
Arbitral Award ◽  
The Law ◽  
Time Form

This chapter explores Article 30 of the ICDR Rules, which prescribes the basic requirements for the time, form, and effect of any ICDR arbitral award. The Article does not provide a comprehensive list of requirements for a valid award; rather, it prescribes certain general minimum standards, while also giving some deference to the potential application of the parties’ agreement and the specific demands of the law at the place of arbitration or where enforcement is sought. The text of Article 30 received a number of revisions during the 2014 amendments to the ICDR Rules. Many of these revisions were aimed at streamlining and internationalizing the language, but others incorporated existing ICDR practices such as review of the draft award by the ICDR or expanded the previous provisions such as establishing a deadline by which the award must be rendered.

The Barrick Veto

Glaciers ◽  
2015 ◽  
Author(s):  
Jorge Daniel Taillant
Keyword(s):  
Buenos Aires ◽  
Hydrocarbon Exploration ◽  
High Mountain ◽  
Minimum Standards ◽  
Water Recharge ◽  
Water Courses ◽  
The Law ◽  
Contaminating Substances ◽  
Strategic Reserve ◽  
Perennial Ice

Buenos Aires, Argentina—October 23, 2008. The team at the Environment Secretariat could not believe the outcome of the congressional vote the previous day, October 22. Argentina had achieved the world’s first national glacier protection law, the Minimum Standards Law for the Protection of Glaciers and the Periglacial Environment. The law was strongly conservationist and excluded all industrial activities on or near glaciers and in the periglacial environment. It declared glaciers a strategic reserve, defined glaciers broadly to protect even small perennial ice patches, and banned mining in glacier and periglacial areas. Some of the more salient text read:. . . Article 1. The present law establishes the minimum standards for the protection of glaciers and the periglacial environment with the objective of preserving them as strategic reserves of hydrological resources and as providers of water recharge for hydrographic basins. Article 2. Definition. To the effects of the present law, glaciers are all perennial stable or slowly flowing ice mass, with or without interstitial water, formed by the recrystallization of snow, located in different ecosystems, no matter what their size, dimension or state of conservation. The rock debris material of each glacier is considered a constituent part of the glacier, as are the internal and superficial water courses. Likewise, the periglacial environment is the area of the high mountain with frozen grounds that acts as a regulator of hydrological resources. Article 6. Prohibited Activities. The following activities are hereby prohibited on glaciers as they could affect their natural condition or the functions cited in Article 1, or as they would imply their destruction, moving, or interference with their movement, in particular: a)The liberation, dispersion or deposit of contaminating substances or elements, chemical products or residue of any nature or volume. The construction of architectural works or infrastructure with the exception of those necessary for scientific research. Mining or hydrocarbon exploration or exploitation. This restriction includes activities in periglacial areas saturated in ice. Emplacement of industries. . . . It took a while for the implications of the law to sink in.

Twentieth Century Legislative Proposals—Federal Incorporation and Related Efforts

2018 ◽  
Author(s):  
Marc I. Steinberg
Keyword(s):  
United States ◽  
Twentieth Century ◽  
Corporate Governance ◽  
The United States ◽  
Legislative History ◽  
Minimum Standards ◽  
Legislative Proposals ◽  
The Law

This chapter addresses the dozens of bills introduced in Congress as well as other proposals to mandate federal incorporation or to require the establishment of federal minimum standards. Indeed, at no point in U.S. history was the concept of federal incorporation more debated in Congress than the 1903–1914 period. Hence, the concept of federalizing corporate governance in the United States has been advocated, with varying degrees of vigor, for well over a century. Although none of these bills were enacted, they nonetheless play an ongoing role in the corporate governance dialogue. By providing this historical presentation in conjunction with analysis of the modern-day relevance of these legislative proposals, the chapter significantly contributes to the development of the law with respect to the federalization of corporate governance. The chapter also contains Appendices that provide highlights of the key legislative proposals as well as pertinent legislative history.

scholarly journals The Legal Regulation of CCTV in Europe

2002 ◽  
Vol 2 (2/3) ◽  
Author(s):  
Marianne L. Gras
Keyword(s):  
The Netherlands ◽  
Legal Regulation ◽  
Recent History ◽  
Public And Private ◽  
England And Wales ◽  
Minimum Standards ◽  
Regulatory Systems ◽  
History Of ◽  
The Law

This paper explores the recent history of CCTV system regulation in England and Wales questioning whether recent additions to the law can be regarded as providing for effective regulation, in particular, of camera numbers. It goes on to explore the legal landscape relating to public and private use of CCTV to subject publicly accessible space to surveillance in Germany as well as giving an overview of the regulatory systems in France, the Netherlands and Sweden. Drawing from this analysis, minimum standards for effective regulation are explored in terms of fulfilling both the letter and the spirit of laws across Europe.

scholarly journals IMPLEMENTASI UPAH MINIMUM KABUPATEN BOYOLALI TERHADAP PEKERJA/BURUH PADA USAHA KONVEKSI BERDASARKAN UNDANG-UNDANG RI NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Lucia Rachmawati ◽  
Isharyanto , ◽  
Djoko Wahju Winarno
Keyword(s):  
Key Words ◽  
Minimum Wage ◽  
Minimum Wages ◽  
Minimum Standards ◽  
The Law

<p>Abstract<br />Wages are the rights of laborers/workers received in return from the employer or employers for a job and/or services that have been or will be implemented. Minimum standards are used by employers to provide wages to laborers/workers are minimum wage. This article  aim to know Implementation of Minimum Wages Boyolali Regency to laborers/workers on the Convection Based on the Law Republic of Indonesia Number 13 Year 2003 about Employement.  This research is a socilogical/empirical legal that is eksplanatif (explain).  Research locations are some convections in Teras and sorounding in  Boyolali Regancy, and The office for cooperatives and labor Boyolali Regancy. Based on this research obtained the results of that Implementation of Minimum Wages Boyolali Regency to laborers/workers on the Convection Based on the Law Republic of Indonesia Number 13 Year 2003 about Employement not run optimally.<br />Key words: Minimum Wage; Laborers/Workers; Employement Inspection, Welfare</p><p>Abstrak<br />Upah merupakan hak pekerja/buruh yang diterima sebagai imbalan dari pengusaha atau pemberi kerja atas suatu pekerjaan dan/atau jasa yang telah atau akan dilaksanakan. Standar minimum <br />yang digunakan pengusaha untuk memberikan upah kepada pekerja/buruh adalah upah minimum. Artikel ini bertujuan untuk mengetahui implementasi Upah Minimum Kabupaten Boyolali terhadap pekerja/buruh pada usaha konveksi berdasarkan Undang-Undang RI No. 13 Tahun 2003 tentang Ketenagakerjaan. Penelitian ini adalah penelitian hukum sosiologis/penelitiam hukum empiris yang bersifat eksplanatif (menerangkan). Lokasi penelitian adalah beberapa usaha konveksi di Teras dan sekitarnya di Kabupaten Boyolali, dan Dinas Koperasi dan Tenaga Kerja Kabupaten Boyolali. Berdasarkan penelitian ini diperoleh hasil bahwa Implementasi Upah Minimum Kabupaten Boyolali Terhadap Pekerja/Buruh Pada Usaha Konveksi Berdasarkan Undang-Undang RI Nomor 13 Tahun 2003 Tentang Ketenagakerjaan belum berjalan secara optimal.<br />Kata kunci: Upah Minimum; Pekerja/Buruh; Pengawasan Ketenagakerjaan, Kesejahteraan</p>

scholarly journals ZWYKŁY UŻYTEK ORAZ TYPOWE WŁAŚCIWOŚCI W PRZYPADKU TOWARÓW KONSUMPCYJNYCH

2016 ◽  
Vol 12 (4) ◽  
pp. 101
Author(s):  
Maciej Koszowski
Keyword(s):  
Consumer Good ◽  
Legal Institutions ◽  
Maintenance Costs ◽  
Minimum Standards ◽  
The Law ◽  
The Given

NORMAL USE AND TYPICAL FEATURES IN THE CONTEXT OF CONSUMER SALE Summary The article addresses the issue of the so-called normal use and typical features of a good of a given type in the context of consumer sale. These two legal institutions – along with public statements on the specific characteristics of a consumer good – are decisive if the parties did not make any, express or presumed, arrangements as to the purposes that the good should be fit for and the qualities it should possess. That is, basing upon the aforementioned institutions, we determine whether, according to the law, a specific consumer good can, or cannot, be presumed to be in conformity with the contract of sale. Moreover, unless there is a situation in which the buyer knew or may reasonably be expected to have known of the good’s lack of conformity with the contract at the time the contract was concluded, the normal use and typical features of a good of a given type usually determine the minimum standards that goods delivered to the buyer have to meet in the situation when the parties reached an agreement as to these goods’ quality. Although a good’s utility for normal use seems to imply that it must have the typical features proper for the given type of good, the application of both the institution of normal use and typical features to determine whether or not a given good conforms to the contract of sale leaves no doubt that legally non-conformity with the contract also encompasses aesthetic defects or maintenance costs and other expenses incurred in connection with its use which are higher than the normal costs.

Implementation

Glaciers ◽  
2015 ◽  
Author(s):  
Jorge Daniel Taillant
Keyword(s):  
Executive Branch ◽  
Mining Activity ◽  
Development Model ◽  
Mining Company ◽  
Industrial Activity ◽  
Mining Impacts ◽  
The Third ◽  
Minimum Standards ◽  
Analytical Work ◽  
The Law

This chapter looks at the context and circumstances surrounding the implementation of Argentina’s glacier protection law. We also examine the gaps that exist in the implementation of the law and activities that groups like the Center for Human Rights and Environment (CEDHA)—an Argentine nonprofit environmental organization—have carried out to push for this implementation. It’s a long chapter with lots of different activity and so I’ve divided it up into sections that group sets of issues. The first section will look at the context for implementation, the legal attacks by the mining sector and the provinces against the glacier law and how, in this case, CEDHA organized to address these challenges. The second section looks at how, in the absence of information from the state, CEDHA went about carrying out unofficial glacier inventories to draw attention to the risks glaciers and periglacial areas face from industrial activity. The third section looks at analytical work to assess mining impacts to glaciers, as well as complaint actions presented in specific cases where glaciers have been or are being impacted. The passage in the Argentine Senate of the Minimum Standards Regime for the Preservation of Glaciers and Periglacial Environments (law 26.639) on September 30, 2010, was an important stepping stone to achieve a framework and a guiding path for glacier protection in Argentina, but glacier protection was far from a done deal. The glacier law would still have to be regulated and implemented, the key actors responsible for its implementation would have to carry out their responsibilities effectively, and the law would also have to confront systemic legal and political attacks from key detractors, the first two of which had publicly declared themselves strongly against the law and were ready to wage battle: namely Barrick Gold, the mining company that had the most to lose from the implementation of the glacier protection law, and the executive branch of the Province of San Juan who had bet heavily on a development model based on the promotion of mining activity much of which happened to be in glacier and periglacial environments.

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