Child labour*

2011 ◽  
Author(s):  
Surya Deva
Keyword(s):  
International Law ◽  
Corporate Responsibility ◽  
Child Labour ◽  
The State ◽  
Indirect Approach ◽  
Labour Rights ◽  
Human Labour ◽  
State Actors ◽  
Regulatory Regimes

This chapter explores the responsibility of corporations regarding child labour. This exploration is done at two levels. First, selected regulatory regimes are reviewed to ascertain the corporate responsibility outlined therein. Under international law generally, the responsibility in relation to human/labour rights was traditionally and primarily conceived with reference to states. This state-focal nature, though, seems to be undergoing a change in recent years. For example, more importance is now being given to states' duty to ensure that non-state actors within their respective jurisdictions comply with the goal of eliminating child labour. In addition to this indirect approach, responsibility for child labour is also being directly imposed on corporations. Second, at a normative level, the notion of responsibility is analysed with reference to the idea of being ‘responsive’ to the state of child labour. ‘Responsiveness’ is contrasted with ‘responsibility’ in that the former focuses more on strategy and action rather than outlining what duties corporations have on a given issue.

scholarly journals Learning to Labour: “Native” Orphans in Colonial India, 1840s–1920s

2019 ◽  
Vol 65 (1) ◽  
pp. 15-42
Author(s):  
Soni
Keyword(s):  
Nineteenth Century ◽  
State Power ◽  
Child Labour ◽  
The State ◽  
Early Nineteenth Century ◽  
Colonial India ◽  
The Gaze ◽  
History Of ◽  
State Actors ◽  
Poor Children

AbstractTo this day, the history of indigenous orphans in colonial India remains surprisingly understudied. Unlike the orphans of Britain or European and Eurasian orphans in the colony, who have been widely documented, Indian orphans are largely absent in the existing historiography. This article argues that a study of “native” orphans in India helps us transcend the binary of state power and poor children that has hitherto structured the limited extant research on child “rescue” in colonial India. The essay further argues that by shifting the gaze away from the state, we can vividly see how non-state actors juxtaposed labour and education. I assert that the deployment of child labour by these actors, in their endeavour to educate and make orphans self-sufficient, did not always follow the profitable trajectory of the state-led formal labour regime (seen in the Indian indenture system or early nineteenth-century prison labour). It was often couched in terms of charity and philanthropy and exhibited a convergence of moral and economic concerns.

Part 1 The Cold War Era (1945–89), 33 The Israeli Raid Against the PLO Headquarters in Tunis—1985

2018 ◽  
Author(s):  
Pobjie Erin ◽  
Declercq Fanny ◽  
van Steenberghe Raphaël
Keyword(s):  
Cold War ◽  
International Law ◽  
International Organizations ◽  
The State ◽  
Legal Issues ◽  
Jus Ad Bellum ◽  
Cold War Era ◽  
State Actors ◽  
The Cold War ◽  
Self Defence

This chapter examines the Israeli raid against the Palestine Liberation Organisation (PLO) headquarters in Tunis in 1985. It first sets out the facts and context of the raid, the positions of the main protagonists (Israel and Tunisia) and the reactions of third States and international organizations. The chapter then analyses the legal issues raised by the incident under international law as it stood at the time, and its impact on the jus ad bellum. The 1985 raid was an early example of a claimed right to exercise self-defence in response to attacks committed by non-state actors without those attacks being attributable to the state on whose territory the action in self-defence takes place. However, it is argued that this incident left unsettled whether or not such a right was accepted at the time.

BERLAKU DAN KEABSAHAN PERJANJIAN INTERNASIONAL DALAM PANDANGAN HUKUM INTERNASIONAL

2019 ◽  
Vol 1 (1) ◽  
pp. 95-103
Author(s):  
Komang Sukaniasa
Keyword(s):  
International Law ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
International Treaties ◽  
International Treaty ◽  
Binding Force ◽  
International Rights ◽  
Legal Consequences ◽  
Made In

International agreements are agreements between international subjects that give rise to binding obligations in international rights, which can be bilateral or multilateral. Based on these opinions, an understanding can be taken that international treaties are agreements or agreements entered into by two or more countries as subjects of international law that aim to cause certain legal consequences. International agreements, whether ratified or through approval or acceptance or accession, or other methods that are permitted, have the same binding force as ratified international treaties established in the Ratification Law of International Treaties. Once again, it is equally valid and binding on the state. Therefore, the authors consider that the position of international treaties are not made in the form of the Ratification Act of the International Agreement but are binding and apply to Indonesia. Then Damos Dumoli Agusman argues that ratification originates from the conception of international treaty law which is interpreted as an act of confirmation from a country of the legal acts of its envoys or representatives who have signed an agreement as a sign of agreement to be bound by the agreement.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

Confronting the Pathologies of International Law

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
International Law ◽  
The State ◽  
Theory Of Justice

This chapter offers an argument on why the international law on trade, investment, and finance is subject to the demands of justice. It also looks at how those demands are greater than the basic minimums often suggested as applicable outside the state. International law is subject to the demands of justice because of its role as an institution essential to global cooperation, because it affects how people live their lives, because of its historic role in perpetuating and legitimizing moral wrongs, and because it can lead to domination and the deprivation of freedom. After elaborating these grounds, this chapter proceeds to a theory of justice for international law. International law must meet a standard of respect and ‘justification to’ each person, particularly those in weaker positions. International law cannot treat any person as only a passive recipient or supplicant to rules that benefit those in power or stronger positions.

Historical Development

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Historical Development ◽  
General Trend ◽  
Armed Conflicts ◽  
Fundamental Transformation ◽  
State Actors ◽  
The Law ◽  
State Relations ◽  
Inter State ◽  
State Territory

This chapter traces the development of the law of belligerent occupation in order to identify trends relevant to the regulation of internationalized armed conflicts. It observes that despite the general grounding of this body of law in a state-centric paradigm, several isolated developments have contemplated the possibility of non-state actors becoming belligerent occupants of a portion of state territory. Moreover, the chapter highlights that the law of belligerent occupation has undergone a fundamental transformation as part of a general trend of individualization and humanization of international law. Therefore, it is no longer simply a brake on inter-state relations and a protector of states’ interests and institutions. Instead, the law has gradually brought individuals’ interests to the fore, putting persons before institutions and individuals before states. Overall, the chapter uncovers the historical reasons that support an extensive view of the applicability of the law of occupation to modern internationalized armed conflicts.

Sign in / Sign up

Export Citation Format

Share Document