scholarly journals A Study on the Legal Principle of the Right of Fixed-term Employees to Expectation for Labor Contract Renewal

2012 ◽  
Vol null (50) ◽  
pp. 471-505
Author(s):  
오윤식
Keyword(s):  
Labor Contract ◽  
Contract Renewal ◽  
Legal Principle ◽  
The Right

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

scholarly journals Problems of Compulsory Jurisdiction and the Settlement of Disputes Relating to Straddling Fish Stocks

1999 ◽  
Vol 14 (1) ◽  
pp. 1-25 ◽  
Author(s):  
A.E. Boyle
Keyword(s):  
Dispute Settlement ◽  
Sustainable Use ◽  
Access To Justice ◽  
Fish Stocks ◽  
Legal Principle ◽  
National Jurisdiction ◽  
The Right ◽  
Settlement Of Disputes ◽  
Fisheries Law ◽  
High Seas

AbstractModern fisheries law has for some time recognised the special interest of coastal states in the management of adjacent high seas fisheries. It has been slower to acknowledge a comparable interest on the part of high seas fishing states in the conservation and management of EEZ stocks by coastal states. This imbalance of rights and obligations between these two groups of states continues to be reflected in the fisheries articles of the 1982 UNCLOS and in the 1995 Agreement on Straddling and Highly Migratory Fish Stocks. Much of the Law of the Sea Convention is about balancing the interests of different groups of states, and maintaining that balance is one of the reasons for adopting the principle of compulsory binding dispute settlement of disputes in Part XV of the Convention. Disputes about straddling fish stocks are necessarily disputes about the balance between coastal and high seas fishing states, and more generally, about the interest of the international community in sustainable management of stocks. Despite the significant changes which the 1995 Agreement makes to the substantive UNCLOS fisheries law, it remains far from clear that disputes concerning coastal state overfishing or inadequate management of straddling stocks within its own EEZ can be the subject of any form of binding process initiated by another fishing state or entity, even if there is a serious impact on the viability of stocks in other EEZs or on the high seas beyond national jurisdiction. But while coastal states and high seas states may have unequal rights and obligations with regard to fisheries access and management, they do have an equal interest in access to dispute settlement options. Both share a need for authoritative interpretation of difficult and complex texts; in both cases compulsory dispute settlement may be required in the event of failure to reach agreement on the management of shared access to straddling stocks. To hold that only coastal states have the right to compulsory binding settlement in such cases is to stabilise and protect one side of an equitable balance while leaving the other side vulnerable to erosion and instability. The question whether disputes concerning all or part of a straddling stock fall inside or outside compulsory jurisdiction is thus more than a technical question of treaty interpretation. It poses some fundamental questions about the nature of equitable utilisation as a legal principle governing use of common resources. Both in the interests of equitable access to justice, and the effective management and sustainable use of straddling stocks, compulsory jurisdiction should apply to all aspects of such a dispute. The rights of coastal states

A Passage to Suriname? The Migration of Modes of Resistance by Asian Contract Laborers

1998 ◽  
Vol 54 ◽  
pp. 19-39 ◽  
Author(s):  
Rosemarijn Hoefte
Keyword(s):  
Transition Period ◽  
Dutch Government ◽  
Labor Contract ◽  
Labor Power ◽  
Indian Immigrants ◽  
Criminal Charges ◽  
Local Ordinances ◽  
Contract Laborers ◽  
The Right ◽  
Penal Sanction

When, on June 5, 1873, the Lalla Rookh docked in Fort Nieuw Amsterdam, Suriname, 399 indentured British Indian immigrants had almost reached their destination: the colonial plantations. The timing was no coincidence. On July 1, 1863, the Dutch government had abolished slavery in its Caribean colonies. During a ten-year transition period the former slave were to work for employers of their own choice under the supervision of the state.Three weeks before this mandatory “apprenticeship” period was over, the Lalla Rookh arrived. The immigrants aboard had signed a contract obliging them to work for five years on a plantation in Suriname yet to be assigned. The labor contract and additional local ordinances specified the rights and duties of the indentured workers and forced them to commit their labor power to the unspecified demands of their employers at specified times. Fundamental to the system was the penal sanction, which gave employers the right to press criminal charges against indentured workers who, according to them, neglected their duty or refused to work. Thus the penal sanction allowed planters to impose their own conception of work discipline.

scholarly journals The best interests of the child in international law: conceptual framework

Legal Ukraine ◽  
2020 ◽  
pp. 14-23
Author(s):  
Vasyl Datsenko
Keyword(s):  
International Law ◽  
Fundamental Principle ◽  
Best Interests ◽  
Systematic Analysis ◽  
Rights Of The Child ◽  
Legal Principle ◽  
International Legal Order ◽  
The Law ◽  
The Individual ◽  
The Right

On today’s international law, there is a broad consensus on the idea of ​​those who want to talk about all the children and the importance of guilty mother’s interests. Buti and the court at the right are guilty of the arrest of nikrashchikh іnterestіv ditini. Vrakhovuchi is the issue of clear legislative regulation of the law and practice of legal practice of securing terminology of the interest of children, the author has analyzed the law of international law. At the statutory international legal order, there is a need for ECHRL, in some ways there is a lack of food for the protection of interested children in case of a viable dispute about it. Analyzed the keys to the position of the court regarding disputes regarding the child’s privacy Order No. 14 (2013) of the United Nations Committee on the Rights of the Child «On the right of a child to receive respect for the rest of the world». Вased on a systematic analysis of the provisions of General Comment No. 14, the author identified two blocks of key positions that the court must adhere to when resolving a child dispute to ensure its best interests: 1) basic positions; 2) the procedure for assessing and determining the best interests of the child. The Committee underlines that the child’s best interests is a threefold concept: a substantive right; A fundamental, interpretative legal principle; A rule of procedure. Another main point is the idea of how to apply it to each child individually. One more fundamental principle of the application of the Convention is that the State has no discretion to determine whether to prioritize the best interests of the child and give them due weight in any action. When assessing and determining the best interests of the child in order to make a decision on a specific measure, the following steps should be followed: (a) First, within the specific factual context of the case, find out what are the relevant elements in a best-interests assessment, give them concrete content, and assign a weight to each in relation to one another; (b) Secondly, to do so, follow a procedure that ensures legal guarantees and proper application of the right. As a result of this scientific research, the author has come to the conclusion that providing the best interests of the child are not universal. It must be obtained by the court as a result of identifying and assessing the individual needs of the child, taking into account the specifics of the subject matter of the case being considered by the court. If the court correctly identified and assessed such needs, followed certain legal guarantees, then the decision taken as a result of the case should be considered to be made in the best interests of the child. Key words: concept of the best interests of the child, family law relations, evaluation and determination of the best interests of the child, legal guarantees.

scholarly journals Periodisation of the employer's right of termination of the labor contract for violation of the labor discipline: historical and legal analysis

Social Law ◽  
2019 ◽  
pp. 146-149
Author(s):  
V. Soroka
Keyword(s):  
Legal Analysis ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Discipline ◽  
The Right

In the article peculiarities of the periodization of the right of the employer to terminate an employment contract for violations of labor discipline are analyzed. Specifics of scientific approaches to historical and legal analysis of this issue are determined.

scholarly journals Protection of Workers’ Rights to Timely and Full Payroll

2019 ◽  
pp. 111-118
Author(s):  
N. A. Knyazeva
Keyword(s):  
Equality Of Opportunity ◽  
Equal Pay ◽  
Legal Doctrine ◽  
Employment Contract ◽  
Labor Contract ◽  
Self Defense ◽  
Labor Legislation ◽  
Wage Payment ◽  
The Right ◽  
Court Practice

The peculiarity of the violation of the right to full and timely payment of wages is that it, as a rule, is violated simultaneously with respect to all of the employees of one employer. It is concluded that the restoration of the rights of individual workers in such cases entails a violation of the principles of equality of opportunity and equal pay for work of equal value. In view of the objective specificity of the right to timely and full payment of wages, it is proposed to recognize the right to protection in the event of its violation in the same way by one employer not only for each worker, but also for the group of workers as a whole. It has been proved that wage collection disputes meet the conditions for classifying disputes as group claims formulated in legal doctrine, foreign practice and draft laws. In this regard, it is proposed to include such disputes in the list of categories of cases that may be considered in the framework of the procedure for protecting the rights of a group of persons. The expediency of recognizing the right to suspend work as self-defense in the event of a wage payment delay of at least one day has been proved. The author analyzes the court practice on consideration of disputes on the recovery of wages paid in a different amount than established by a written labor contract, and reveals the impossibility of protecting the rights of workers to the full payroll. To solve this problem, it is proposed to introduce into labor legislation the rules on recognition simulated conditions of an employment contract for setting wages in a smaller amount than the parties actually agreed as inadmissible.

scholarly journals Self-representation of the legal sentity in gourt in accordance with theeхіsting legisla- tion

2021 ◽  
pp. 128-132
Author(s):  
L.A. Kondratyeva
Keyword(s):  
Complete List ◽  
Power Of Attorney ◽  
Legal Entity ◽  
Labor Contract ◽  
The Public ◽  
Procedural Law ◽  
The People ◽  
Administrative Code ◽  
The Right ◽  
Legal Entities

The article is dedicated to the research of the institution of representation in courts, in particular self-representation of the legal entity. This problem has become relevant in connection with the changes in the Constitution of Ukraine under which was introduced so-called monopoly of the attorney. Such changes provide for representation in court solely by attorneys exception of cases listed in articles 131-2 Constitution of Ukraine. At the same time physical persons and the legal entities can represent themselves independently. To that end in the procedural law introduces the concept of self-representation that is the representation different from the attorney representation. The concept of self-representation is enshrined in code of civil procedure art.58, code of commercial procedure art. 56, administrative code art. 55. With the promulgation of Law of Ukraine “On the amendment of some legal acts of Ukraine regarding expansion of possibilities of self-representation in court of the public bodies, authorities of the Autonomous Republic of Crimea, local authorities, other legal entities regardless of the order of creation” dated December 18, 2019 №390-IX significantly expanded circle of persons that can represent legal entity in accordance with the self-representation. According to the author such legislative position establishes the right to represent legal entity in the court not only by the director or by member of the Executive Committee of the legal entity but also by the people who are in an employment relationship. The author considers despite the legal certainty of the norms of Law №390-IX it contains no complete list of persons that can undertake self-representation and the complete list of required documents that is necessary to provide the court. The author suggests which documents can confirm the authorization of the person that exercise self-representation of the legal entity. According to the author self-representation of the legal entity includes participation of the representative of the legal entity which has direct relationship to the legal entity and its powers already exist by internal documents in particular by labor contract. Regarding the attorney representation of the legal entity it arises by force of power of attorney. The author also claims that personal participation in the proceedings which provides self-representation of the legal entity doesn’t waive the right of the legal entity to have the representative in the case i.e. the attorney.

Lethal Autonomous Weapons Systems

2018 ◽  
pp. 289-316
Author(s):  
Michael W. Meier
Keyword(s):  
Autonomous Systems ◽  
Point Of View ◽  
Autonomous Weapons ◽  
Use Of Technology ◽  
Natural Progression ◽  
Legal Principle ◽  
Remotely Piloted Aircraft ◽  
The Right ◽  
The U.S ◽  
Weapons Systems

Over the past decade, there has been a proliferation of remotely piloted aircraft or “drones” being used on the battlefield. Advances in technology are going to continue to drive changes in how future conflicts will be waged. Technological innovation, however, is not without its detractors as there are various groups calling for a moratorium or ban on the development and use of autonomous weapons systems. Some groups have called for a prohibition on the development, production, and use of fully autonomous weapons through an international legally binding instrument, while others view advances in the use of technology on the battlefield as a natural progression that will continue to make weapons systems more discriminate. The unanswered question is, which point of view will be the right one? This chapter approaches this question by addressing the meaning of “autonomy” and “autonomous weapons systems.” In addition, this chapter looks at the U.S. Department of Defense’s vision for the potential employment of autonomous systems, the legal principle applicable to these systems, and the weapons review process.

The Right to Indemnity between Master and Servant

1956 ◽  
Vol 14 (1) ◽  
pp. 101-111 ◽  
Author(s):  
J. A. Jolowicz
Keyword(s):  
Cold Storage ◽  
Common Law ◽  
Married Women ◽  
Law Reform ◽  
Recent Case ◽  
Legal Principle ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Court Of Appeal

The proposition that a master, who has become liable for an injury caused by a servant acting in the course of his employment, can recover an indemnity from the servant is one which has been stated on a number of occasions, but until the recent case of Romford Ice & Cold Storage Co. v. Lister no clear authority could be cited in support. It is true that the master's rights against his servant have been canvassed in at least three modern cases, but in all of them the common law position has been obscured by the application of the Law Reform (Married Women and Tortfeasors) Act, 1935. In Romford Ice & Cold Storage Co. v. Lister, however, by what those interested in legal principle can only regard as a happy chance, it was necessary for the Court of Appeal to deal with the matter independently of the Act.

scholarly journals PECULIARITIES OF CONSIDERATION OF CIVIL ACTIONS ON THE PROTECTIONOF THE RIGHTS OF THE PHYSICAL PERSON OF THE SUSTAINED DEFINITION OR DAMAGE TO HEALTH WORKING UNDER THE LABOR CONTRACT

2018 ◽  
Vol 64 ◽  
Author(s):  
N.M. Yasynok ◽  
V.O. Kapustian
Keyword(s):  
Judicial Review ◽  
Case Presentation ◽  
Employment Contract ◽  
Labor Contract ◽  
Procedural Law ◽  
Specific Category ◽  
General Rules ◽  
Legislative Framework ◽  
Civil Cases ◽  
The Right

The article is devoted to the analysis of the features of the procedural judicial review of civil cases on the protection of the rights of an individual injured or injured while working under an employment contract in accordance with civil procedural law. Analyzed the legislative framework, enshrined the right of a citizen to compensation for injury due to injury or damage to health working under an employment contract. It is determined that disputes about the amount of damage and the right to compensation for it are considered by courts in the lawsuit proceedings according to the general rules. It has been established that when considering civil cases for compensation for injury due to injury or damage to health, working under an employment contract, there are certain peculiarities regarding the jurisdiction of cases, involvement of third parties to the case, presentation of evidence and subject of proof, which is due to the specific category of cases.

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