Harassment in the World of Work, ILO Convention and Integrated Regulation of Domestic Legislation

2020 ◽  
Vol 49 ◽  
pp. 51-103
Author(s):  
Kang-Soo Bang
Keyword(s):  
Domestic Legislation ◽  
The World ◽  
Integrated Regulation

scholarly journals Prevention and Prophylaxis of Youth Delinquency and Peculiarities of Appointing Punishment to Minors during a Pandemic

2021 ◽  
Vol 58 (1) ◽  
pp. 1043-1049
Author(s):  
Ziyoda Yakubovna Turabaeva
Keyword(s):  
Juvenile Offenders ◽  
Necessary Conditions ◽  
Criminal Prosecution ◽  
Youth Delinquency ◽  
Rights Of The Child ◽  
Domestic Legislation ◽  
The World ◽  
Problems And Solutions ◽  
The Impact ◽  
Further Development

Significant work is currently being done around the world to protect the rights of the child, pay special attention to the upbringing of minors, create the necessary conditions for them to organize their time properly, take measures to prevent them from interfering in crime and to impose penalties and impunity on juvenile offenders. In this article analyzed features of inflicting of penalties to a juvenile, peculiarities of criminal prosecution of minors, improving institutions which discharge from liability and penalty based on international experience, in particular, convicting other noncustodial penalties and other legal measures at the period of COVID-19 and further development, introducing special principles for juvenile in criminal law, the impact of punishments imposed on juvenile offenders, As well as, issues of prevention and prophylaxis of youth delinquency, measures should be taken to prevent youth delinquency, problems and solutions on this field, reforms, the forms and methods of work of government agencies involved in the prevention of delinquency among young people, causes and conditions of juvenile systemic crime, domestic legislation on prevention and prophylaxis of youth delinquency and peculiarities of appointing punishment to minors are studied. The following article expresses a number of suggestions for improving the legislation system of juvenile delinquency, features of imposing them punishment and release of them from punishment. 

scholarly journals MANDATORY LABELLING OF NANOFOOD AND THE WTO AGREEMENTS

2020 ◽  
Vol 16 ◽  
pp. 59-72
Author(s):  
Nor Akhmal Hasmin ◽  
Zinatul Ashiqin Zainol ◽  
Najwa Azizun ◽  
Nur Hafidah Abd Kadir
Keyword(s):  
New Technologies ◽  
Trade Agreement ◽  
World Trade Organisation ◽  
Food Labelling ◽  
Legal Provisions ◽  
Domestic Legislation ◽  
The World ◽  
Sanitary And Phytosanitary Agreement ◽  
Wto Agreements ◽  
Mandatory Labelling

Labelling of food products that contain new technologies has been adopted to inform consumers and address concerns over uncertainty of the technologies. Even though food labelling is significant, the implementation of mandatory labelling measures for nanofood within the domestic legislation is only possible if the measure is aligned with the World Trade Organisation (WTO) regulations. This paper examines whether mandatory labelling measure for nanofood would be permissible under the WTO agreements, i.e. the Technical Barriers to Trade Agreement and the Sanitary and Phytosanitary Agreement. The study adopts a doctrinal approach and content analysis by examining relevant legal provisions in the WTO agreements, cases decided by the WTO, and other documents on nanofood labelling. Findings suggest that the labelling measure amounts to unnecessary barriers to international trade. The mandatory labelling is not an international labelling standard and the practice is trade restrictive. Some recommendations presented at the end of this paper shall give invaluable insights into the implementation of mandatory labelling for nanofood if any country decides to introduce the measures in their food information system.

scholarly journals COMPETITION AS A FACTOR OF ECONOMIC GROWTH: THE WORLD EXPERIENCE AND UKRAINIAN REALITIES

2018 ◽  
Vol 2018 (8) ◽  
pp. 3-15 ◽  
Author(s):  
Anatoliі SHCHERBAK ◽  
Keyword(s):  
Economic Growth ◽  
Economic Development ◽  
Developed Countries ◽  
Competitive Environment ◽  
Living Standard ◽  
Domestic Legislation ◽  
The World ◽  
Alternative Measures ◽  
Active Cluster ◽  
The Impact

The views of M. Porter on the importance of competition as a factor of economic development are analyzed. The policy of deregulation carried out by developed countries in recent decades was studied; its successes and limitations are noted. It is shown that implementation of the reform in Australia, aimed at development of competition, led to a significant improvement in economic indicators and increase in the living standard of the population. The OECD Toolkit for assessing the impact on competition has been analyzed. The Toolkit contains the methodology for identifying unnecessary restrictions on competition and developing the alternative measures to achieve the objectives. The state of competitive environment in Ukraine is researched. It is shown that restriction of competition and inequalities of its conditions significantly inhibit economic development. The reasons for rapid growth of Ukraine’s economy in 2000-2008 are analyzed. It is substantiated that one of the most important factors was the strengthening of internal competition as a result of reforms carried out in the 1990s. At the same time, the weakening of competition from the second half of the 2000s led to a decrease in competitiveness. The need for systematic work aimed at eliminating the anticompetitive norms from domestic legislation is substantiated. This work should be based on the OECD Toolkit to assess the impact on competition. It is emphasized that it is necessary to use only those tools that promote competition when implementing the policy. The necessity of active cluster support is substantiated.

scholarly journals THE REFORM OF THE BRAZILIAN ANTI-DUMPING REGIME: A PARTIAL REVIEW OF THE DETERMINANTS AND THE IMPLICATIONS OF DECREE 8,058/2013

2021 ◽  
Vol 10 (19) ◽  
Author(s):  
Rafael Pentiado Poerschke ◽  
Hélio Henkin ◽  
Ricardo Dias Da Silva
Keyword(s):  
World Trade ◽  
Dispute Settlement ◽  
Middle Management ◽  
Trading System ◽  
Domestic Legislation ◽  
Multilateral Trading System ◽  
The World ◽  
History Of ◽  
International Obligations ◽  
Multilateral System

This study considers the development and reform of the anti-dumping regime in Brazil as a ratification example of the multilateral trading system proposed by the World Trade Organization (WTO). Brazil's history of leadership in the WTO Rounds, as well as its emergence among users of temporary barriers illustrates the fact that developing countries participate, with some success, in the endorsement and strengthening of the multilateral system itself. Using the WTO Anti-Dumping Agreement (ADA) as a model for its own regulatory framework, this practice ensures that domestic legislation will have greater compliance to international obligations and avoid constraints via the Dispute Settlement Body. Finally, the case of Decree 8,058/2013 highlighted the importance that specialized agents in the middle management of the Ministry of Development, Industry and Foreign Trade (MDIC) have in the management and improvement of the Brazilian public policy.

scholarly journals The Human Rights in OIC, A Gradually Movement but in Progress

2017 ◽  
Vol 10 (2) ◽  
pp. 73
Author(s):  
Bozorgmehri Majid
Keyword(s):  
Human Rights ◽  
Good Governance ◽  
Civil Society Organizations ◽  
Major Question ◽  
Member States ◽  
Intergovernmental Organization ◽  
The Balkans ◽  
Domestic Legislation ◽  
The World ◽  
Protection Of Human Rights

Comprising 57 member states, the Organization for Islamic Cooperation (OIC) is the second largest intergovernmental organization in the world after the United Nations. Its membership extends from Southeast Asia, South Asia and the Middle East to Africa, Eurasia, the Balkans and South America.In 2005, OIC launched a reform program that culminated in adopting a revised Charter in 2008 replacing the Charter of 1972. The new Charter seemed to reflect an increased prominence for human rights within the OIC, and it paved the way for the establishment of the OIC’s Independent Permanent Human Rights Commission (IPHRC). In addition to the stipulation that IPHRC will be one of the eleven primary organs of the OIC, the new Charter expresses the OIC’s determination to “promote human rights and fundamental freedoms, good governance, rule of law, democracy and accountability”, and “safeguard and promote the rights of women and their participation in all spheres of life” in member States in accordance with domestic legislation. In addition to these transformations, OIC appear to be more willing to engage with civil society organizations on human rights. It is in this context, and the increasing need to understand the OIC, particularly its human rights mechanisms and discourse, this paper tries to have a general analysis on subject.It should be noted that for some researchers (Mayer.2015) the OIC’s record is shown to be full of confusing and even self-contradictory statements on Islam and human rights. For them, OIC is not a competent organization  for promoting the Human Rights as a universal value.As our major question, the paper seeks to evaluate the index growth of human rights and their criteria in OIC. Which are the main instruments for protection of Human Rights in OIC? Has OIC been successful in promotion of Human rights in the Member States and in the world?To carry out the research, a descriptive and analytical method is selected and based on OIC documents, it will be a documented analysis.

Human Trafficking and Corruption of Public Officials

2021 ◽  
Vol 3 (4) ◽  
pp. 78-86
Author(s):  
Rosana Garciandia
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Fragmented Landscape ◽  
Public Officials ◽  
Domestic Legislation ◽  
The World ◽  
Legal Frameworks

Abstract Most countries in the world have adopted legislation tackling human trafficking and are allocating resources to fighting it. However, the content of such domestic legislation differs from country to country and its enforcement remains a challenge in many cases. In this fragmented landscape, one of the challenges in the enforcement of anti-trafficking legislation is the corruption of anti-trafficking law enforcement authorities. This article focuses on the connection between corruption and human trafficking, and on the intersection between the UN legal frameworks against human trafficking and corruption on this specific issue. The article proceeds in two parts: part 1 presents the factual connection between trafficking and corruption; part 2 analyses the intersection between the two legal frameworks and identifies some areas where there is potential for enhanced coordination.

scholarly journals Right to Sanitation: A Challenge in the Post Disaster Situations

2013 ◽  
Vol 2 (1) ◽  
pp. 97-115
Author(s):  
Subhradipta Sarkar
Keyword(s):  
Indian Ocean Tsunami ◽  
Right To Life ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Domestic Legislation ◽  
The World ◽  
The Indian Ocean ◽  
The Government ◽  
Protection Of Right ◽  
Post Disaster

Sanitation is an integral part of healthy living conditions. It is identified in various legal instruments in the form of right to adequate housing, health, water, etc. These rights are closely interlinked. The enforcement of these rights is dependent upon sanitation facilities. Sanitation remains one of the most neglected issues having serious implication on the lives and livelihoods of billions of people around the world. This paper contends that India being extremely disaster prone, sanitation is one of the crucial areas which require immediate attention in the aftermath of every disaster. Whether it is the Indian Ocean Tsunami (2004) or Aila (2009), the government failed to provide adequate sanitation facilities in most of the temporary shelters. The lack of inadequate drainage facilities, dysfunctional state of toilets, and absence of sufficient drinking water had resulted in unhygienic conditions. The paper cites various international instruments pertaining to the scope and importance of protection of right to water and sanitation during disasters. The Supreme Court of India has conceptualized ̳right to sanitation‘ within the meaning of ̳right to life‘ as guaranteed under our Constitution. Though sanitation has found mention in various domestic legislation including the Disaster Management Act, 2005, the scenario is far from encouraging. The paper identifies indifference of authorities towards the problem, unscientific construction of shelters and theory oriented policies as causes responsible for the failure to address the issue of adequate sanitation. The paper offers certain suggestions to ensure a comprehensive policy safeguarding right to adequate sanitation in post disaster situations.

scholarly journals International experience in preventing intentional homicide by criminal police units

2021 ◽  
Vol 39 (69) ◽  
pp. 630-642
Author(s):  
Yevhen Khyzhniak ◽  
Volodymyr Kapustnyk ◽  
Tetiana Batrachenko ◽  
Iryna Chuprikova ◽  
Artem Kryshchenko
Keyword(s):  
Comparative Analysis ◽  
Research Methodology ◽  
Systems Analysis ◽  
Prevention Programs ◽  
International Experience ◽  
Foreign Experience ◽  
Domestic Legislation ◽  
The World ◽  
Effective System ◽  
The Subject

The objective of the article is to analyze the international experience of the operational and investigative prevention of intentional homicides by criminal police units, as well as the legislation that provides for the development of an effective system for the prevention of intentional homicides in Ukraine. The subject of the investigation is the foreign experience of operational prevention and the search for intentional homicides by criminal police units. The research methodology includes general and specific methods of legal science: dialectic, scientific abstraction, methods of systems analysis, formal and dogmatic, systemic, and structural, historical, and comparative, logical. Various intentional homicide prevention programs are considered, which are currently operating in different countries of the world. It analyzes the positive international experience of operational and investigative prevention of intentional homicides, which can become the basis for the development of the relevant legislation of Ukraine in this area. It is concluded that the conduct of a comparative analysis of the prevention of intentional homicides and various countries is the basis for the development of the most promising areas to improve domestic legislation in this area.

scholarly journals Adrian Crăciunescu, Autenticitatea – un factor neabordat de legislaţia internă, dar determinant în evaluarea UNESCO / Authenticity – untackled issue within domestic legislation while being a crucial one in UNESCO’s assessments

2018 ◽  
Vol 6 (2) ◽  
pp. 41-62
Keyword(s):  
Evaluation Criteria ◽  
World Heritage ◽  
International Organization ◽  
International Convention ◽  
Built Heritage ◽  
World Heritage Convention ◽  
Domestic Legislation ◽  
The World ◽  
The Moment ◽  
The One

Among the evaluation criteria used by the UNESCO, „authenticity” is among the most important but It is actually almost completely absent in our legislation for built heritage. The most important deficiency in the monument scheduling methodology is ignoring the idea of authenticity, limited only to a relatively vague formula in its 8th article which states that value is influenced by the „the proportion of the component elements resulted from the interventions made after the moment of building”. In this hypothesis, there is a relative contradiction with a thesis of the restoration doctrine, namely the one stating that all stages of a monument are relevant so that they can only be eliminated only in specific situations highlighted by the Venice Charter. In the operational guidelines of World Heritage Committee, there are a few articles dedicated to authenticity and integrity, which are not actually mentioned in the text of the World Heritage Convention. Ideas associated with the preservation of heritage that are resulting from the recent evolution of doctrinaire texts, such as „compromise” or „management of change”, have led to ideological confrontations even within ICOMOS, the international organization responsible for scientifically and professionally assessing the authenticity and integrity of the heritage covered by the international convention.

scholarly journals FORMATION AND DEVELOPMENT IN THE INHERITANCE CONFLICT LAW LEGISLATION

2016 ◽  
Vol 2 (127) ◽  
pp. 123-131
Author(s):  
T. Khorosha
Keyword(s):  
Roman Law ◽  
Stages Of Development ◽  
Inheritance Law ◽  
Conflict Of Laws ◽  
Legal Principles ◽  
Domestic Legislation ◽  
The World ◽  
Comprehensive Study ◽  
Law Regulation

The paper conducted a comprehensive study of the basic legal principles of conflicts of law regulation of inheritance complicated by a foreign element in the process of its formation and development. The theoretical questions of formation and development of conflict of laws in the field of inheritance are researched. Based on the analysis obtained conclusions about the main stages of development and formation of ancient inheritance law, which went independently from the byzantine, by own way. Analyzed the emergence of inheritance law in other states, which took place depending on whether it was borrowed by a state of an ancient roman law. The necessity of signing agreements on inheritance among all countries of the world, including Ukraine is stressed. The generalized situation of domestic legislation in the field of inheritance complicated by a foreign element.

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