Suchergebnisse

Since the implementation of the "Labour Dispute Mediation and Arbitration Law (LDMAL)" in 2008, there has been a substantial increase in the number of labour disputes in China, which to some extent shows workers' growing awareness of labour rights. However, while new legislation was laudable, it also brought about tremendous pressure on labour dispute mediation, arbitration, and litigation. On one hand, the labour dispute arbitration legislation essentially meets the needs of the current labour disputes. But on the other hand, China's labour dispute arbitration system is still challenged by more complicated labour relations, group-based litigations, diverse demands, intricate problems, and other factors. The system, therefore, is in urgent need of improvement. This paper analyses the following main characteristics of the current labour arbitration system in China: (i) arbitration as the pre-trial procedure for some types of labor disputes under certain conditions; (ii) free labour arbitration; (iii) reasonable time limits for labour arbitration application and a shortened time frame to reach an arbitration reward; (iv) a tripartite regulatory mechanism; and (v) the dual nature of the labour arbitration system as quasi-judicial and quasi-administrative. Furthermore, this paper focuses on the tendencies and future possibilities for the labour dispute arbitration system in China that include, but are not limited to, separation of labour arbitration and labour litigation, socialization of labour arbitration system, unified law application and coordinated jurisdiction in labour arbitration and civil litigation, and lastly, strengthening of multiple approaches to oversight labour arbitration. ; Non UBC ; Unreviewed ; Faculty

Public international law has been 'global' in its application since at least the 1960s, when most western colonial empires had disappeared. Still, it is far from being left untouched by the fundamental changes which law is undergoing worldwide and which scholars often catch under the term 'globalization'. The gradual decline of the monopoly of states in the field of international relations and the on-going globalization of the economy and the challenges mankind is facing threaten the autonomy of public international law and even stretch it to its vanishing point. The authors argue that while international lawyers should not react defensively, we should be even more careful not to sacrifice the central position of the state in international law too readily as it is the prime locus of democracy and the rule of law. They also plead for a shift in international legal academia from the traditional focus on the formal role of international law within the system of law and global governance to studying its societal impact and potential in facing global challenges.

This qualitative research study directly analyzes the legality of drone usage. This project discusses world policy on drone strikes for counterterrorism purposes and the myths about current-generation drone's capabilities and implications. This project separates fact from fiction by examining drone effects in three different legal contexts— legality under LOAC, targeted killing for counterterrorism, and privacy laws with a comparative study between the U.S., UK, and India. Using unmanned drones against belligerents put forth major legal issues in modern warfare. In the twenty-first century, the use of drones in military combat operations is one of the most legally controversial issues confronting international humanitarian law (IHL) and the law of armed conflict (LOAC). This research argues that drones should be treated as any other component of the United States' (U.S.) arsenal. A drone can may be a weapons platform or singular weapon system. This research further argues that drones offer extensive and enhanced opportunities for compliance with LOAC and other relevant laws governing the use of certain weapons use. Further, this research gives an overview of the justifications for targeted killings carried out by drones as a means of warfare. The justifications for targeted drone strikes can break down along three lines operational considerations, theories of self-defense, and moral concerns. The research focuses on targeted killing as it pertains to drones employed as a means of warfare by the U.S. in its War on Terror. Further, this research examines whether the use of drones for targeted killings comports with the IHL. This research also examines the effectiveness of targeted killing. This research analyzes the legality of targeted killing, under both domestic law and international law. Additionally, this research provides a comparative chapter on constitutional, privacy, property, and aviation laws of the U.S., U.K., and India in relation to their respective privacy laws. The purpose of this research is to ...

Abstract
Developing international constitutional law, apart from difficulties concerning its definition, faces certain well-known problems – ranging from its pluralistic mode of creation to its enforceability, but has also to scrutinise its aims. If its aim is to at least provide a global reference framework for constitutional principles and concepts – since serving as a common set of values does reach its own limits rather quickly eg concerning fundamental issues such as the role of women in society or sustainability – it has to be inclusive in nature. Certain areas of international law, such as human rights – via Universal Periodic Review or treaty monitoring bodies such as CAT – or WTO law interact closely with national constitutional and/or regional international law (ECHR) and or regional constitutional/public law (eg EU Law). Therefore, their ideas may be taken up – voluntarily through courts or academia, due to examination mechanisms through governments or tribunals – be modified (if necessary to fit into a national constitutional system or supranational constitutional framework) and transported back into the global community (eg as feedback within a WTO case or an UPR). This, however, is event driven. Therefore, it cannot be a carefully conceptualised coherent law such as national constitutions. National (and land constitutions, which may also provide important ideals) constitutions in general serve several functions: as set of values eg in the area of fundamental rights, for structuring the state functions by setting up institutions and modes of operation, and as reference for the interpretation of norms eg in court cases. Their overall purpose is to provide a coherent inner regime. Nevertheless, by promoting certain selected 'institutionalisable' constitutional ideas (for example through the rule of law initiative) we can aim to strive from a fragmented towards a more coherent global framework.

Launched in 1991, the 'Asian Yearbook of International Law' is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics.0The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. 0Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states' participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies

The challenges to global order posed by rapid environmental change are increasingly recognized as defining features of our time. In this groundbreaking work, the concept of innovation is deployed to explore normative and institutional responses in international law to such environmental change by addressing two fundamental themes: first, whether law can foresee, prevent, and adapt to environmental transformations; and second, whether international legal responses to social, economic, and technological innovation can appropriately reflect the evolving needs of contemporary societies at national and international scales. Using a range of case studies, the contributions to this collection track innovation - descriptively, normatively, and as a process in and of itself - to explain international environmental law's functionality in the Anthropocene. This book should be read by anyone interested in the critical intersection of environmental and international law.