scholarly journals A Struggle for Democracy in the Workplace : The Possibilities and Limits of the Constitutionalization of Labour and Employment Law in Brazil

2005 ◽  
Vol 48 (1-2) ◽  
pp. 137-152
Author(s):  
Maximiliano Nagl Garcez
Keyword(s):  
Human Rights ◽  
Modern Society ◽  
Transnational Corporations ◽  
Developed Countries ◽  
Employment Law ◽  
Self Determination ◽  
Economic Power ◽  
State Institutions ◽  
Workplace Relations ◽  
Human Rights Movement

Workplace relations in developing countries are characterized as being traditionally authoritarian. But severe violation of human rights in the workplace can also be found in the most developed countries, and therefore modern society is finding itself faced with a sad reality : a universal situation of the vulnerability and fragility of human rights in the workplace. Through the weakening of state institutions and the corresponding strengthening of the economic power spheres within the context of globalization, the survival of democracy in everyday life is threatened by transnational corporations, especially considering the lack of instruments to appropriately punish them. The human rights movement in Brazil has focused on the violation of human rights perpetrated by governments, yet it has not been so critical or outspoken regarding violations committed by major corporations. Defending the implementation of human rights in the workplace is an effort to counteract the dehumanization of worker-citizens by giving them more space for self-determination. It is essential that the principle of human dignity, already enshrined in the Brazilian Constitution, becomes one of the main pillars of Labour and Employment Law. The article analyzes how the constitutionalization of Labour and Employment Law in Brazil has been used to tackle the above mentioned problems.

scholarly journals Polskie firmy na tle zagranicznych korporacji w dobie globalizacji

2006 ◽  
Vol 9 ◽  
pp. 170-180
Author(s):  
Stanisław Sala
Keyword(s):  
Global Economy ◽  
Transnational Corporations ◽  
Developed Countries ◽  
The Other ◽  
Economic Power ◽  
Less Developed Countries ◽  
Dynamic Development ◽  
Catch Up ◽  
The One ◽  
Qualitative Changes

This article presents the role and the importance of Polish Transnational Corporations (TC) to global economy. Dynamic development of TC can be observed since the beginning of 70s of the 20thcentury. Nowadays TC have huge economic power which generates large profits. Many times incomes of TC are bigger than the value of GDP of less developed countries. Activity of TC is very controversial. On the one hand, present TC should be treated as an answer to qualitative changes which have taken place mainly in the sphere of telecommunication and means of transport, on the other hand, they are the motive power of these changes.Polish corporations are very small in comparison with the foreign ones. We have noticed a great disproportion of worth in comparison with corporations which are on the list of the global 1000 or 2000 biggest-worth corporations on the rising market. If Polish corporations want to catch up with the foreign ones, they must considerably increase the speed of their development.

Anti-corruption Policy as a Factor of Influence on Protest Potential and Stability in Modern Society

Discourse ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 98-111
Author(s):  
V. A. Egorov ◽  
V. P. Miletskiy
Keyword(s):  
Modern Society ◽  
Political Stability ◽  
Developed Countries ◽  
Internet Survey ◽  
Political Activity ◽  
Political Regime ◽  
Russian Society ◽  
State Institutions ◽  
Cast Doubt ◽  
The Impact

Introduction. The problem of corruption has acquired a particular importance in light of ubiquitous corruption scandals, entangling both developing and developed countries. Currently, a number of often contradicting hypotheses has been posed on the ways corrupt practices impact protest potential of a society and stability of a political system, as well as on the role of anti-corruption policy in the alleviation of such impact. This article aims to survey and compare different researches analyzing the impact of corruption and anti-corruption policies on different aspects of modern Russian society; in particular, their impact on protest potential and political stability. The author’s hypothesis lies within the assumption that The System anti-corruption policy, which is a prioritized instrument for political and administrative activities of state and municipal authorities in the prevention of corrupt practices, significantly reduces the extent of protest potential and facilitates political stability in a society.Methodology and sources. Methodological basis of this article is a multiparadigm approach to studying the phenomenon of corruption. As part of this research, a raft of empirical research conducted by domestic and foreign authors has been analyzed (E. M. Uslaner, P. Heywood, J. Rose et al.). Authors also use the results of an internet survey conducted with 580 participants (predominantly students of Russian universities) in 2020. The respondents were self-selected, convenience sampling. Manifold research and sociological surveys demonstrate the difficulty of generalizing the results.Results and discussion. Substantial amount of empirical data reflects an adverse effect of corrupt practices on the livelihood of a modern society. These practices entail the decrease in GDP growth rates, avert domestic and foreign investments, amplify social and economic inequality, decrease tax revenue and lead to social welfare underfunding. It ultimately results in the lack of public trust towards state institutions as well as the decrease of generalized trust. Even though there is a positive correlation between endemic corruption and political volatility, the results of other research cast doubt on the extent to which corruption may influence economic development and political stability.Conclusion. In general, the conducted research has allowed for the inference that the prevalence of corrupt practices may either amplify social instability and increase the protest potential or it may have no influence at all on political activity of a society and stability of political regime. At the same time, the implementation of anti-corruption policies by the authorities significantly reduces the level of protest potential and fosters political stability.

Resistance and Reclamation

2019 ◽  
pp. 101-112
Author(s):  
Michael J. Kral
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
The United States ◽  
The Philippines ◽  
Self Determination ◽  
Collective Agency ◽  
Land Claims ◽  
International Human Rights ◽  
Human Rights Movement ◽  
Indigenous Social Movements

After many years, and for some peoples centuries, of colonial/imperial dispossession of their lives and cultures, indigenous peoples are increasingly gaining momentum in self-determination and collective agency. A spirit is moving, however slowly but strongly, through Indigenous country. It is called indigenism, the international human rights movement for indigenous peoples. This chapter examines how indigenous peoples and Inuit are reclaiming their lives after colonialism. Self-determination and human rights are discussed, as are indigenous social movements. These movements are seen in Canada, the United States, Ecuador, the Philippines, South America, Australia, New Zealand, Norway, Sweden, and other countries. The chapter concludes with a focus on Inuit self-determination, including land claims and self-government.

scholarly journals OECD National Contact Points as the effective means for human rights protection from the activities of transnational corporations

2020 ◽  
pp. 42-59
Author(s):  
Alexey Sinyavskiy
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
Dispute Resolution ◽  
Multinational Enterprises ◽  
Transnational Corporations ◽  
Developed Countries ◽  
Entrepreneurial Activity ◽  
Contact Points ◽  
Legal Remedy ◽  
Corporate Liability

This article is dedicated to the analysis of extrajudicial mechanisms of consideration of complaints – OECD National Contact Points. The object of this research is the activity of OECD National Contact Points, while the subject of is the dispute resolution procedure therein. The goal of this research consist in carrying out efficiency assessment of OECD National Contact Points as legal remedy for the persons suffered from the activity of transnational corporations. The work consists of the three parts. The first part provides brief description of the activity of transnational corporations and the concept of corporate liability for violation of human rights. The second part is dedicated to the analysis of dispute resolution procedure within the National Contact Points. The third part analyzes the effectiveness of National Contact Points as legal remedy. The author comes to the following conclusions and recommendations: due to the differences in the structure, financing, and human resources, National Contact Points of certain countries appear to be more effective than of the others. The effectiveness largely depends on the level of economic development of the OECD member-state, financing, and competences of mediators. Therefore, the National Contact Points of the developed countries represent the effective legal remedy, while in the developing countries, the parties suffered from entrepreneurial activity face barriers that impede exercising their right to effective legal remedy. The set of organizational and legal measures cans serve as the solution to the existing problems. Namely, the conclusion of bilateral agreements between the developed and developing countries on rendering legal aid and exchange of mediators is essential. The author also recommends establishing corporate liability on the domestic levee in form of fines and other sanctions for refusal of transnational corporation to comply with the decision of the National Contact Points. The provision with recommendation on consolidation of such liability should be introduced into OECD Guidelines for Multinational Enterprises.

Human Rights Naturalized

2018 ◽  
Author(s):  
Allen Buchanan
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Explanatory Power ◽  
Modern Human ◽  
Status Quo ◽  
Economic Conditions ◽  
World War ◽  
Human Rights Movement ◽  
The Status ◽  
Naturalistic Theory

This chapter helps to confirm the explanatory power of the naturalistic theory of moral progress outlined in previous chapters by making two main points. First, it shows that the theory helps to explain how and why the modern human rights movement arose when it did. Second, it shows that the advances in inclusiveness achieved by the modern human rights movement depended upon the fortunate coincidence of a constellation of contingent cultural and economic conditions—and that it is therefore a dangerous mistake to assume that continued progress must occur, or even that the status quo will not substantially deteriorate. This chapter also helps to explain a disturbing period of regression (in terms of the recognition of equal basic status) that occurred between the success of British abolitionism and the founding of the modern human rights movement at the end of World War II.

Self-Determination Through Autonomy or Independence? – On the Current and Future Position of New Caledonia

ICL Journal ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 67-105
Author(s):  
Markku Suksi
Keyword(s):  
Human Rights ◽  
New Caledonia ◽  
Legal Order ◽  
The Self ◽  
Self Determination ◽  
Normative Framework ◽  
European Court ◽  
Determination Process ◽  
The Right

Abstract New Caledonia is a colonial territory of France. Since the adoption of the Nouméa Accord in 1998, a period of transition towards the exercise of self-determination has been going on. New Caledonia is currently a strong autonomy, well entrenched in the legal order of France from 1999 on. The legislative powers have been distributed between the Congress of New Caledonia and the Parliament of France on the basis of a double enumeration of legislative powers, an arrangement that has given New Caledonia control over many material fields of self-determination. At the same time as this autonomy has been well embedded in the constitutional fabric of France. The Nouméa Accord was constitutionalized in the provisions of the Constitution of France and also in an Institutional Act. This normative framework created a multi-layered electorate that has presented several challenges to the autonomy arrangement and the procedure of self-determination, but the European Court of Human Rights and the UN Human Rights Committee have resolved the issues regarding the right to vote in manners that take into account the local circumstances and the fact that the aim of the legislation is to facilitate the self-determination of the colonized people, the indigenous Kanak people. The self-determination process consists potentially of a series of referendums, the first of which was held in 2018 and the second one in 2020. In both referendums, those entitled to vote returned a No-vote to the question of ‘Do you want New Caledonia to attain full sovereignty and become independent?’ A third referendum is to be expected before October 2022, and if that one also results in a no to independence, a further process of negotiations starts, with the potential of a fourth referendum that will decide the mode of self-determination New Caledonia will opt for, independence or autonomy.

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