scholarly journals Tone From the Top: The Role of the General Counsel in the Prevention of International Sports

2021 ◽  
Vol 3 ◽  
Author(s):  
Andrea Carska-Sheppard ◽  
Sarah Ammons
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Executive Leadership ◽  
Vital Role ◽  
Legal Issues ◽  
General Counsel ◽  
Essential Factor ◽  
Policies And Procedures ◽  
Legal Risks

To prevent harassment and abuse in sports, the consensus is that an essential factor is “tone from the top” of the organization. It is key as a catalyst and sustainer of change, whether in the corporate or sports world. An organization's general counsel is one of the go-to top advisors for executive leadership regarding laws and regulations. Additionally, they serve as advisors for issues in other areas, such as public policy, ethical and legal risks, and human rights. With their leadership, general counsels can play a vital role in the prevention of harassment and abuse in an organization. The guidance and leadership of the general counsel should facilitate reviewing and strengthening of the organization's policies and procedures and other strategies helping to prevent and address issues of harassment and abuse. Legal issues become more complex the more global the organization, so more complex strategies are needed to tackle these issues successfully.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 16 Morocco: Moroccan Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Zaher Khalid
Keyword(s):  
Public Policy ◽  
International Law ◽  
Case Law ◽  
Vital Role ◽  
Private International Law ◽  
Statutory Law ◽  
The Hague ◽  
The Law

This chapter examines Moroccan perspectives on the Hague Principles. In Morocco, the sources of private international law applicable to international commercial contracts are both of a national and an international nature. International sources include mainly treaties and, to a lesser extent, international customs to which the Moroccan courts may refer in particular cases. National sources are statutory law, case law, and scholarly writings. Case law has always played a vital role in the development and the interpretation of the rules applicable to international commercial contracts. It is indeed the role of the courts to determine the scope of law chosen by the parties and to delimit the boundaries of international public policy as a limit to the application of the law chosen by the parties. Moroccan courts consider international customs as important sources in respect of international contracts and arbitration. Having frequently used the universally accepted principles of private international law, Moroccan courts could easily draw on the Hague Principles to find solutions to certain questions that have not been addressed by the legislature.

Transnational Public Policy as a Vehicle to Impose Human Rights Obligations in International Investment Arbitration

2020 ◽  
Vol 21 (6) ◽  
pp. 809-846
Author(s):  
Jean-Michel Marcoux
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
International Investment ◽  
International Consensus ◽  
Foreign Investors ◽  
Material Sources ◽  
Investment Arbitration ◽  
Human Rights Norms ◽  
The Right

Abstract International investment arbitration has been criticized for its general reluctance to consider human rights concerns related to foreign investors’ activities. By contrast, arbitration tribunals have relied on transnational public policy to prevent a claimant whose investment is tainted with illegality from obtaining redress. This article explores how human rights norms could be conceptualized as part of transnational public policy to impose obligations on foreign investors. It proceeds in three steps. First, it addresses the role of transnational public policy in investment arbitration. Second, the article identifies the material sources considered by tribunals to delimit the content of the doctrine. Third, it focuses on three norms – the protection of fundamental human rights, a corporate responsibility to respect human rights and the right of Indigenous Peoples to be consulted – for which tribunals have found an international consensus and that could be conceptualized as norms of transnational public policy.

POVERTY AND HUMAN RIGHTS: THE ROLE OF SOCIAL SECURITY AND ESPECIALLY CHILD BENEFIT

2006 ◽  
Vol 40 (01n02) ◽  
pp. 3-32 ◽  
Author(s):  
PETER TOWNSEND
Keyword(s):  
Human Rights ◽  
Social Security ◽  
Vital Role ◽  
Present Form ◽  
War On Poverty ◽  
Investment Fund ◽  
Development Goal ◽  
World Poverty ◽  
First Millennium

Poverty has been reduced by too little, or not at all, in recent years. A fifth, perhaps a quarter, of the world's population are living in extreme poverty. The measurement of the phenomenon, and especially of annual trends in the rates and severity of poverty, is not acceptably precise, consistent, and generally agreed. Nor is policy being analyzed and justified in precise correlation with such trend reports as have been published. The first Millennium Development Goal — to halve world poverty by 2015 — has become an unlikely prospect. The reasons lie in the present form of the globalization of the market, together with continuing preference shown to neo-liberal economic and social policies. If poverty is to be systematically reduced, the orthodoxies of definition, measurement, explanation and resolution, which as key elements of the problem necessarily reinforce each other, have to be re-examined and re-formulated quickly. In re-examining approaches to measurement and policy the new human rights instruments, endorsed by a majority and in some cases by an overwhelming majority of governments, must play a vital role. Their potentialities are considerable for the measurement of poverty, deprivation, exclusion and development. But, crucially, they can help to engineer an international, as well as scientific, consensus in the war on poverty. One priority illustration would be a UN Child Investment Fund to finance the universal right of children to social security.

The Oxford Handbook of International Arbitration

2020 ◽  
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Civil Society ◽  
Legal Certainty ◽  
International Arbitration ◽  
Central Values ◽  
Investment Arbitration ◽  
One Stop ◽  
Environmental Considerations

This Handbook presents and discuss today’s cutting-edge knowledge in the area of international arbitration. It reflects the different ‘languages’ used in the field and offers the reader a one-stop-shop entry into the main things we know and the main ways in which we think about international arbitration today. The Handbook is divided into seven parts. Part 1 provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part 2 analyses some of the main developments that changed the field over the last 15 years, including the rise of human rights concerns, environmental considerations, and the need for greater transparency. Part 3 focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part 4 examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part 5 discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts-of-law thinking. Part 6 presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part 7 provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

scholarly journals A CHALLENGING ROLE OF INDIAN JUDICIARY AT CYBER SPACE TO CURB CYBER CRIME AGAINST WOMEN

2021 ◽  
Vol 4 (2) ◽  
pp. 41-49
Keyword(s):  
Human Rights ◽  
Vital Role ◽  
Cyber Crime ◽  
Digital Revolution ◽  
Patriarchal Society ◽  
The World ◽  
Cyber Space ◽  
The Law ◽  
Women In India

The world has entered into a new millennium, but from the dawn of civilization till date, the woman of the patriarchal society of India continues to be oppressed and ill-treated.2 Crime against women have been increasing in all fields. In the era of digital revolution women are not safe at cyber space. In India cybercrime against women have been rapidly increasing in spite of special legislations to protecting women netizen. Judiciary played a vital role in the implementation of the law and its constitutional role to protecting the human rights as per the legislation. The most important duty of the court is to protect human rights, and to give relief to the victim.3The main object of this paper is to analyse the role of Judiciary at cyber space to curb the cybercrime against women in India. This paper is commence with cyber crime’s definition and brief view about that. It also focus on kinds of cybercrime against women in India and brief view on cyber legislation.

scholarly journals Towards Sustainable Ethical Culture in Family Owned Businesses

2019 ◽  
Author(s):  
Muhammad Rahatullah Khan
Keyword(s):  
Code Of Ethics ◽  
Vital Role ◽  
Ethical Culture ◽  
Whistle Blowing ◽  
Leading Role ◽  
Policies And Procedures ◽  
Culture Development ◽  
Structural Mechanisms ◽  
Role Of Religion

Building an ethical culture is challenging and a basic requirement of the companies to embed transparency in their systems, creating a positive image; serving the internal and external communities. This paper based on detailed interviews of 12 family owned businesses over a period of 16 months explores how these companies build the ethical culture, identifying the ethical culture sustainability triggers, challenges and role of religion in such practices. The values, culture, community and social norms are identified as major ingredients of a sustainable ethical culture development and implementation of the ethical policies and procedures require institutional and structural mechanisms for effectiveness in family owned businesses. The findings at numerous occasions are in contrast to the literature, whereas, in other instances are similar. The religion, society, family image, the entrepreneurs themselves and their family members play a vital role. Non-interference in private matters of the employees, whistle blowing, code of ethics, training and awareness creation and a number of other factors play a leading role in ethical culture development in family businesses.  

scholarly journals Regulation of Ordinary Partnership under Ethiopian Law: A Comparative Analysis of Selected Legal Issues with the French Civil Partnership and the Thai Ordinary Partnership Regimes

2021 ◽  
Vol 27 ◽  
pp. 219-233
Author(s):  
Israel Woldekidan Haileyesus
Keyword(s):  
Comparative Analysis ◽  
Legal Framework ◽  
Vital Role ◽  
Civil Code ◽  
Legal Issues ◽  
Alternative Form ◽  
Civil Partnership ◽  
Doing Business ◽  
Legal Regimes

Civil/ordinary partnerships as non-commercial entities play a vital role as an alternative form of doing business in various jurisdictions. Though the issue of where they should be regulated is becoming nonsensical in recent times, it is wise to have a well-structured legal framework which regulates these entities. This article aims to conduct a comparative analysis of the regulation of Ethiopia’s ordinary partnership with the French civil code partnership and the Thai ordinary partnership only on issues of formation, transfer of share, management, liability of partners, dissolution of partnership, distribution of profit and loss, and expulsion of a  partner. The comparative analysis shows that in many areas of regulation, the Ethiopian law has more commonalities with that of Thai ordinary partnership and French civil code partnership legal regimes. This article also finds that the Ethiopian law of ordinary partnership ought to be improved as regards the issues of the transfer of shares related to ascendants and descendants, on the distribution of profits and losses, on the role of partners in a dissolution of the partnership, and on the expulsion of a partner.

scholarly journals Pro Bono Legal Aid by Advocates: Guarantee of Justice for the Poor

2021 ◽  
Vol 3 (4) ◽  
pp. 537-552
Author(s):  
Chairani Azifah
Keyword(s):  
Human Rights ◽  
Legal Issues ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
Pro Bono ◽  
The Law ◽  
Problem Formulations ◽  
The Right

The implementation of legal aid is a manifestation of Indonesia as a legal state that guarantees the human rights of citizens to equality before the law which is guaranteed in the 1945 Constitution. Within the framework of implementing this citizen's human rights, the provision of free legal aid is, among other things, obligated to advocates based on Article 22 Law on advocates and their implementing regulations. From this, two problem formulations were made as follows: What is the juridical review of the provision of pro bono legal aid? And what is the role of advocates in providing pro bono legal aid? This research is based on normative legal research, which is a research conducted by reviewing and analyzing legal materials and legal issues related to the problems studied. The results of the author's discussion found that free legal aid is the right of the poor to obtain the same justice as other communities, so that the protection of their rights is well fulfilled and the principle of equality before the law. Advocates are obliged to provide free legal aid to justice seekers, and to obtain free legal assistance, justice seekers must submit a written application to an advocate organization or legal aid institution.

Women, Development, and Gender Inequality

2016 ◽  
Author(s):  
Lena Dominelli
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Gender Equality ◽  
Sustainable Development Goals ◽  
Vital Role ◽  
The Sustainable Development ◽  
History Of ◽  
Development Goals ◽  
And Gender

Women have a lengthy history of fighting their oppression as women and the inequalities associated with this to claim their place on the world stage, in their countries, and within their families. This article focuses on women’s struggles to be recognized as having legitimate concerns about development initiatives at all levels of society and valuable contributions to make to social development. Crucial to their endeavors were: (1) upholding gender equality and insisting that women be included in all deliberations about sustainable development and (2) seeing that their daily life needs, including their human rights, be treated with respect and dignity and their right to and need for education, health, housing, and all other public goods are realized. The role of the United Nations in these endeavors is also considered. Its policies on gender and development, on poverty alleviation strategies—including the Millennium Development Goals and the Sustainable Development Goals—are discussed and critiqued. Women’s rights are human rights, but their realization remains a challenge for policymakers and practitioners everywhere. Social workers have a vital role to play in advocating for gender equality and mobilizing women to take action in support of their right to social justice. Our struggle for equality has a long and courageous history.

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