The Role of Effective Enforcement in International Law on Labour Migration

2020 ◽  
Vol 17 (1) ◽  
pp. 206-232
Author(s):  
Petra Herzfeld Olsson

Labour migrants shall according to the ILO and UN conventions on labour migration be provided with equal treatment with local workers with regard to working conditions including pay. Factors like migration law (creating dependence on employers and fears of expulsion) and limited access to justice, challenge the enforcement of the equal treatment principle. The social dumping argument has been raised by actors arguing for the closure of borders. However, labour migration is a feature of contemporary labour markets and the future world of work. Instead of rising walls measures to overcome obstacles against equal treatment must be considered. Effective monitoring and enforcement are crucial in this respect. The explicit enforcement provisions in the ILO and UN conventions are quite vague. In this paper it will be analysed to what extent the monitoring bodies of the relevant ILO and UN conventions demand for effective monitoring and enforcement of the equal treatment principle in their comments to the state parties and what kind of measures they suggest that the state parties shall take to make the equal treatment principle a reality. The analysis reveals that the monitoring bodies apply a context based interpretation of the provisions in the conventions, suggesting a wide range of measures to overcome the obstacles mentioned. The division between migration law and labour law turns out to be of less importance than the ambition to make equal treatment a reality.

2020 ◽  
Vol 22 (1) ◽  
pp. 92-97
Author(s):  
KONSTANTIN A. KORSIK ◽  
◽  
ANASTASIYA A. PARFENCHIKOVA ◽  

The article is devoted to the review of current changes in the legislation on notaries related to the development of electronic civil circulation, analysis of existing digital risks and assessment of the role of notaries in combating them. In modern economic realities, a significant expansion of the sphere of competence of the notary is carried out by introducing completely new notarial actions into the scope of the notary’s terms of reference. At the same time, the notary does not just follow the general ‘digital’ trend, but independently makes significant efforts to effectively perform the tasks of the social sphere regulator assigned to it by the state. The creation of the Unified Notary Information System as part of the formation of the technological infrastructure to ensure the security and stability of legal relations in the context of electronic civil circulation takes to a new level the quality of notarial services and the security of legally relevant information. The role of notaries significantly increases in conditions when the use of digital technologies in the economy, public administration, social sphere becomes one of the main vectors of world development, and society and the state inevitably face the flip side of this process – digital risks that jeopardize the safety of participants in civil turnover and their property. In 2020, as part of the implementation of the national program ‘Digital Economy’, it is planned to introduce a number of innovations that will create the basis for a stable and secure ‘digital’ turnover.


Author(s):  
Kevork Oskanian

Abstract This article contributes a securitisation-based, interpretive approach to state weakness. The long-dominant positivist approaches to the phenomenon have been extensively criticised for a wide range of deficiencies. Responding to Lemay-Hébert's suggestion of a ‘Durkheimian’, ideational-interpretive approach as a possible alternative, I base my conceptualisation on Migdal's view of state weakness as emerging from a ‘state-in-society's’ contested ‘strategies of survival’. I argue that several recent developments in Securitisation Theory enable it to capture this contested ‘collective knowledge’ on the state: a move away from state-centrism, the development of a contextualised ‘sociological’ version, linkages made between securitisation and legitimacy, and the acknowledgment of ‘securitisations’ as a contested Bourdieusian field. I introduce the concept of ‘securitisation gaps’ – divergences in the security discourses and practices of state and society – as a concept aimed at capturing this contested role of the state, operationalised along two logics (reactive/substitutive) – depending on whether they emerge from securitisations of the state action or inaction – and three intensities (latent, manifest, and violent), depending on the extent to which they involve challenges to state authority. The approach is briefly illustrated through the changing securitisation gaps in the Republic of Lebanon during the 2019–20 ‘October Uprising’.


2021 ◽  
Vol 1 (11) ◽  
pp. 15-20
Author(s):  
Irina N. Mysliaeva ◽  

The article examines the causes and directions of transformation of the social functions of the state. The role of liberal ideology in changing the forms and methods of state social policy in the context of globalization is determined. The interrelation between specific measures of social support of the population and the interests of large transnational capital in modern society is revealed.


2016 ◽  
Vol 19 (3) ◽  
pp. 87-112 ◽  
Author(s):  
GISELE GARCIA ALARCON ◽  
ALFREDO CELSO FANTINI ◽  
CARLOS H. SALVADOR

Abstract Environmental services provided by forests are essential to the social reproduction of populations in rural areas. Perceptions about the services provided by forests play an important role in the planning of landscapes; however, few studies have investigated this issue. This study aimed at understanding how farmers perceive the role of forests in maintaining environmental services. One hundred farmers from the Chapecó Ecological Corridor - SC were interviewed. Provisioning and regulating services were mentioned most often. Water availability ranked first (65%), followed by the maintenance of habitat for biodiversity (34%) and firewood (23%). Income and local use of forest resources were the variables that best explained farmers' perceptions of forest benefits. Nevertheless, the use of forest resources has been limited by restrictions imposed by environmental legislation, which is affecting the perception of farmers about the wide range of environmental services provided by forests.


Societies ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 1 ◽  
Author(s):  
Rami Zeedan

This study applies the negative peace/positive peace approach to internal nation-state relations between the majority and ethnic minority. This approach focuses on the policies implemented by the state. In order to understand the social system from its formation, an important focus should be given to the period of establishment of a new state, whereas physical borders are defined along with the borders of society, which determines who is included in the new nation and who is excluded. The conclusions are based on the case of the Israeli Druze, an ethnic minority with whom the state of Israel and its Jewish majority have achieved positive peace. This study suggests that the positive peace with the Druze was achieved following their integration in the army—as a decision of the state of Israel—that lead to their integration in the Israeli society. Conversely to the Israeli Muslims, where a negative peace is maintained, following the early year’s state policy to exclude them.


Author(s):  
Kanika Kishore Saxena

Mathura is famous for its association with Vāsudeva‒Kṛṣṇa, an important deity of the Hindu pantheon. However, apart from the sanctity attached to this place by Hindus, it has also provided conditions for the nurturing of Buddhist, Jaina, nāga and yakṣa traditions. This book engages in a wide range of epigraphic, archaeological and art historical data from the various sites in the Mathura area and weaves this to present a coherent picture of the variegated religious history of the area from c.600 CE to c.1000 CE, which witnessed various religions/cults/sects competing for attention and patronage. The chapters in this book have been divided according to religious traditions, namely, Jainism, Buddhism and Hinduism, along with the Kṛṣṇa, yakṣa, nāga, and mātṛkā cults. It raises many important issues related to Jainism, Hinduism, Buddhism and Jainism as well as older cults of the yakṣas and nāgas. The objects of donation ranged from images, stūpas, temples to tanks and gardens. Donations by monks and nuns; together with laity from different locations within and beyond Mathura, amply reflect on the social mosaic of the time. The role of monastics and laity, the nature of patronage, and the social and political underpinnings of the religious history are also examined, all within a long, diachronic frame. This book reveals the complexity of the religious history of Mathura to provide the reader a taste of its diversity and plurality.


Author(s):  
Héctor Fernández L’Hoeste

This chapter proposes the practice of nation branding as a political technology, as an example of neoliberalism in which the definition of national identity, previously assessed primarily by the social sciences and humanities, becomes the domain of business managers and advertising executives, thanks to technologies associated with social media. It explains how the redefinition of social goods, the role of the state, and the role of experts entail the replacement of a more socially driven understanding of identity with an act of commercial prestidigitation by way of nation branding; the pertinent state entities are replaced by advertising and image consultancy firms; and, lastly, scholars of various disciplines are replaced by advertising and PR executives. In short, following neoliberalism, identity is reinterpreted as brand. Identity no longer results from the never-ending and instantaneous negotiation between a multiplicity of parties, representative of myriad aspects relevant to the configuration of individuals and communities, but is rendered instead as the quantifiable, concrete result of a variety of transactions. Through this reformulation, a new relationship is suggested between the idea of nation as imagined community and the reality of the state as a material expression of the concept of nation.


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