Casenote: The Bustani Case Before the ILOAT

2004 ◽  
Vol 1 (1) ◽  
pp. 197-207
Author(s):  
Chanaka Wickremasinghe
Keyword(s):  
Judicial Review ◽  
Director General ◽  
The Political ◽  
Chemical Weapons ◽  
International Organisations ◽  
International Labour Organisation ◽  
Employment Contract ◽  
New Directions ◽  
Vexed Question ◽  
Labour Organisation

AbstractOn one reading the decision of the International Labour Organisation Administrative Tribunal (ILOAT) on the complaint of Jose Bustani against Organisation for the Prohibition of Chemical Weapons (OPCW) appears to take the law of international organisations in new directions in relation to the vexed question of judicial review of the acts of the political organs of international organisations. The judgment purports to set aside a decision of the plenary organ of the OPCW to remove its Director-General before the expiry of his fixed-term employment contract. However, the position of the chief administrative officer of an international organisation has a dual aspect, in that as well as being an employee of the organisation he or she also plays a significant "constitutional" role as part of the structure of the organisation, with significant responsibilities contributing to the fulfilment of its functions. The judgment of the ILOAT seeks as far as possible to treat the Director-General as simply an employee of the organisation and only occasionally focuses on his broader role within the organisation.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

scholarly journals Swimming with or Against the Tide: Has the International Labour Organisation Been Co-Opted by Neoliberal Hegemony

2021 ◽  
Author(s):  
◽  
Gemma Habens
Keyword(s):  
Class Struggle ◽  
Director General ◽  
International Labour Organisation ◽  
Social Equality ◽  
Social Democratic ◽  
Primary Mechanism ◽  
The Social ◽  
The World ◽  
Economic Globalisation ◽  
Labour Organisation

<p>Work is one, if not the, primary mechanism through which the majority of the world's population experience economic globalisation. Work is intimately connected to matters of human rights, social equality, welfare, and class struggle and it is increasingly determined by activities that occur in the international and transnational levels. Neoliberal globalisation has fundamentally restructured the world of work. It has also undermined the social democratic worldview of the International Labour Organisation (ILO) on which the global governance portfolio for labour most squarely falls. The ILO's current Director General Juan Somavia, in referring to this era of neoliberal hegemony, has said that "the ILO has often been swimming against the tide". This thesis undertakes a thorough examination of Somavia's statement in order to determine the extent to which the neoliberal tide has saturated the organisation and its ideas?</p>

scholarly journals Swimming with or Against the Tide: Has the International Labour Organisation Been Co-Opted by Neoliberal Hegemony

2021 ◽  
Author(s):  
◽  
Gemma Habens
Keyword(s):  
Class Struggle ◽  
Director General ◽  
International Labour Organisation ◽  
Social Equality ◽  
Social Democratic ◽  
Primary Mechanism ◽  
The Social ◽  
The World ◽  
Economic Globalisation ◽  
Labour Organisation

<p>Work is one, if not the, primary mechanism through which the majority of the world's population experience economic globalisation. Work is intimately connected to matters of human rights, social equality, welfare, and class struggle and it is increasingly determined by activities that occur in the international and transnational levels. Neoliberal globalisation has fundamentally restructured the world of work. It has also undermined the social democratic worldview of the International Labour Organisation (ILO) on which the global governance portfolio for labour most squarely falls. The ILO's current Director General Juan Somavia, in referring to this era of neoliberal hegemony, has said that "the ILO has often been swimming against the tide". This thesis undertakes a thorough examination of Somavia's statement in order to determine the extent to which the neoliberal tide has saturated the organisation and its ideas?</p>

A Study On Labour Welfare Measures In Chettinad Cement Corporation Limited - With Special Reference To Puliyur, Karur District, Tamilnadu

2019 ◽  
Vol 118 (12) ◽  
pp. 1-6
Author(s):  
V. Muruganandham ◽  
Dr. M. Ragupathi
Keyword(s):  
Special Reference ◽  
International Labour Organisation ◽  
Regional Conference ◽  
Welfare Measures ◽  
Labour Organisation

International Labour Organisation (ILO) at its Asian regional Conference, defined labour welfare as a term which is understood to include such services, facilities and amenities as may be established in o in the vicinity of undertaking to enable the person employed in them to perform their work in healthy, and high morale.

If in Doubt, Leave it Out? EU Precaution in WTO Regulatory Space

2010 ◽  
Vol 1 (1) ◽  
pp. 20-30 ◽  
Author(s):  
James Flett
Keyword(s):  
European Union ◽  
Political Authority ◽  
The Other ◽  
The Political ◽  
International Level ◽  
Eu Law ◽  
The European Union ◽  
International Organisations ◽  
Balanced Approach ◽  
Available Information

This article reviews the way in which the concept of precaution, as commonly referenced in EU law, is received in the WTO. It argues that precaution is not a principle, but one facet of a principle of making rational judgments based on available information, the other facet of which is “that risk is worth taking”. Systematically pursuing high cost measures in response to low risks is not a balanced approach, and has probably contributed to the scepticism with which the concept is viewed in the WTO. However, this article goes on to argue that, without needing to be a principle, precaution is the determining legal feature in the SPS Agreement, because, unlike in the European Union, there is no legislative harmonisation of SPS measures at international level, WTO Members being free to set their own appropriate level of protection. In fact, the concept of precaution is relevant in the context of many other WTO provisions and is in some respects quite close to the concept of subsidiarity. Notwithstanding this, the first WTO SPS cases, driven by regulatory exporters and an interventionist WTO, have excessively emphasised scientific issues, masking policy judgments that the WTO has neither the legal nor the political authority to sustain. The article concludes that the proper way forward necessitates closer political, legal and administrative links between the WTO and other relevant international organisations, and a move away from consensus in the latter.

«Razao e Liberdade. A Filosofia Politica de James Madison» Arguicao e Resposta

2011 ◽  
Vol 19 (37) ◽  
pp. 217-240
Author(s):  
Alessandra Silveira ◽  
José Gomes André ◽  
Keyword(s):  
Political Philosophy ◽  
Human Nature ◽  
Judicial Review ◽  
Point Of View ◽  
The Political ◽  
Alexander Hamilton ◽  
James Madison ◽  
The Relationship

This paper includes the exam of a Ph.D thesis about James Madison’s political philosophy, as well as the answers presented by the candidate to several criticai observations. Various themes are considered, though always surrounding Madison’s work: the peculiar characteristics of his federalism, the relationship between the idea of human nature and the elaboration of political models, the political and constitutional controversies that Madison entangled with several figures from its time (namely Alexander Hamilton), the problem of “judicial review” and the place of “constitutionality control” taken from a reflexive and institutional point of view, and other similar themes.

Sign in / Sign up

Export Citation Format

Share Document