scholarly journals Direito transnacional do trabalho e constituição global

2018 ◽  
Vol 2 (2) ◽  
pp. 6
Author(s):  
Antonio Ojeda Avilés
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Labor Law ◽  
Economic Globalization ◽  
Common Phenomenon ◽  
Transnational Actors ◽  
The Law ◽  
Globalized World ◽  
Shed Light

<p class="Standard"><span lang="PT-BR"><strong>RESUMO:</strong></span></p><p class="Standard">Trata-se de artigo que pretende enfrentar o surgimento do chamado Direito Transnacional do Trabalho, como ramo autônomo do Direito, a partir da análise de seus interlocutores e da vinculatividade de sua atuação. Para tanto, examinamse os fatores que culminaram no fenômeno sob análise, tais como a globalização digital e econômica e a repercussão e a violação mundial das violações aos direitos humanos. Os pontos de partida são diversos episódios de danos causados por transnacionais no último século. O estudo teve por objetivo lançar luz no fenômeno cada vez mais comum e forte decorrente da atuação das transnacionais em um mercado globalizado. </p><p> </p><p><strong>ABSTRACT:</strong></p><p>The present article intends to deal with the emergence of the so-called Transnational Labor Law, understood as an autonomous branch of the Law. The analysis is focused on transnational actors and the binding character of their actions. It is examined the factors that resulted in the phenomenon under analysis, such as digital and economic globalization and the repercussion and global violation of human rights. The points of departure are several instances of damages caused by transnational employers in the last century. The objective of this study was to shed light on the increasingly common phenomenon that result from the action of transnational actors on a globalized world.   </p><p> </p><p><strong>Errata: </strong>O artigo foi recebido em maio 17, 2018 e aceito em maio 18, 2018</p>

North Macedonia’s Language Law of 2018

2021 ◽  
Vol 18 (1) ◽  
pp. 184-202
Author(s):  
Emma Lantschner
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Rule Of Law ◽  
Political Background ◽  
The Law ◽  
Language Law ◽  
Language Issues

In 2019, a new law regulating the use of languages other than Macedonian entered into force in North Macedonia. Language issues have always been a hot topic in North Macedonia and one capable of stirring controversial debate, especially between the Albanian- and the Macedonian- speaking population. This is also the case for this most recent piece of legislation. The present article discusses initially the constitutional and political background to the adoption of the law. It then analyses some of the most disputed aspects of the law. Most of them relate to the broader issues of democracy and rule of law as well as the balance with other human rights.

The Legal Rendering of Immiseration

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
International Law ◽  
Private Property ◽  
Economic Globalization ◽  
Political Values ◽  
The Social ◽  
The Creation ◽  
The Law ◽  
Pluralist Approach ◽  
Shed Light ◽  
Critical Project

This chapter introduces the reader to the ideas and arguments that animate this wide-ranging book. Whereas many works focus on violations of international law, this book is concerned with the law itself. It seeks to demonstrate how the truth about the role and effects of the law in the creation and perpetuation of misery fail adequately to inform it. From its early inception to the present day, international law has always been predicated on private property and commodification and so the social and political values that are constitutive of economies as much as property and contract have, in important ways, been forsaken. In laying the ground, this chapter distinguishes fact from fiction in the nature and scale of harms and alienations, to introduce the pluralist approach taken in this critique of international law. In that diverse traditions from liberal to radical shed light on the problems and their possible redress, it is explained in this chapter how the book engages these various traditions. In calling for a ‘predistributive’ international law, the chapter foregrounds the need to move from mere redistribution to making international law just in the first place, in a structural sense. In its coverage of what this book is and is not about, this first chapter seeks to unshackle the reader from deep-rooted assumptions that frame the debates around economic globalization and to begin the critical project of exploring how international law is both constituted by capitalism and constitutive of it and with what implications for justice reasonably understood.

14. Detention

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Immigration Law ◽  
Common Phenomenon ◽  
Home Office ◽  
Immigration Detention ◽  
Indefinite Detention ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter focuses on the issue of immigration detention. The deprivation of liberty is one of the most serious infringements of fundamental human rights. In immigration law, individuals lose their liberty through the exercise of a statutory discretion by the Home Office or immigration officers. The chapter considers the statutory powers and executive guidelines, together with human rights and common law rules. The use of detention is an increasingly common phenomenon in the asylum process, and the key role of immigration bail is examined. The former use of indefinite detention for foreign terrorist suspects is discussed at the end of the chapter.

The Accountability Regime for Contractors during the Global War on Terrorism

2019 ◽  
pp. 118-160
Author(s):  
Damien Van Puyvelde
Keyword(s):  
Human Rights ◽  
Government Accountability ◽  
War On Terrorism ◽  
Conflicts Of Interests ◽  
Human Rights Abuses ◽  
Global War On Terrorism ◽  
The Public ◽  
The Law ◽  
Global War ◽  
Shed Light

The post-9/11 trend toward intelligence outsourcing was accompanied by the emergence of a series of accountability problems. This chapter evaluates the accountability regime for contractors in the early 2000s and finds that this regime was imperfect but not inexistent. Six major cases of accountability failure shed light on three types of accountability problems involving contractors: inefficiencies, human rights abuses, and conflicts of interests. Intelligence contractors have not always been efficient, effective, or respected the law but they do not bear sole responsibility for the accountability problems in which they have been involved. These problems were caused by inadequate standards and deficient management on both sides of the public-private divide. While outsourcing can limit intelligence accountability, government accountability shortfalls also affect the outsourcing of intelligence. The chapter concludes that outsourcing and accountability are mutually interdependent.

scholarly journals The legitimacy of the European human rights regime – a view from the United Kingdom

2019 ◽  
Vol 8 (1) ◽  
pp. 123-156 ◽  
Author(s):  
TAMAS GYORFI
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Present Article ◽  
Analytical Framework ◽  
Council Of Europe ◽  
Master Argument ◽  
The United Kingdom ◽  
European Court ◽  
Human Rights Regime ◽  
Shed Light

Abstract:The purpose of the present article is threefold. First, my ambition is to improve the analytical framework that is used to assess the legitimacy of the European Court of Human Rights. The Court’s authority can neither be established nor refuted by a single master-argument. Instead, what we need is a careful balancing exercise and this piece aims to set out the main elements of the justificatory equation. Second, using this framework, I intend to put forward the outline of a coherent critique of the European human rights regime. Third, I hope that my article is able to shed light on why it is natural to expect more vocal criticism from the United Kingdom than from most other member states of the Council of Europe.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

Introduction

2018 ◽  
Author(s):  
Ronnie Mackay ◽  
Warren Brookbanks
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Essential Elements ◽  
Mental Capacity ◽  
Fundamental Parameters ◽  
The Law

Fitness to plead is an area of growing importance in most Western jurisdictions. It challenges the justification for criminalisation wherever a person’s mental capacity calls into question their ability to participate meaningfully in a trial. However, the doctrine has proven difficult to apply in practice, with many legislative models represented across the jurisdictions. How best to formulate rules for the fair trial of those with mental or physical incapacity and how to manage the issue of disposition following a finding of unfitness is a challenge in most countries. These and other issues are explored in this book through the insights of domestic and international scholars who are familiar with the law around unfitness to stand trial. This chapter broadly describes the fundamental parameters and human rights aspects of the fitness-to-plead doctrine, and concludes with a brief account of the essential elements of each chapter.

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