Suchergebnisse

Assesses New Zealand's compliance with selected Articles of the 1951 Convention Relating to the Status of Refugees. Although the government has acceded to both the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, no part of the Convention has been incorporated into domestic law. Critically comments on the appropriateness of the Convention rights regime, and looks to the future of legal protection for refugees, noting the problem of enforcement and the role of international human rights law. (Original abstract-amended)

Reviews the current situation and trends regarding penal laws criminalizing trafficking for forced labour exploitation as well as protection and compensation measures for victims, and issues of immigration laws, employment tribunals, and work permits. Distinguishes between source, transit and destination countries

"A Class by Herself explores the historical role and influence of protective legislation for American women workers, both as a step toward modern labor standards and as a barrier to equal rights. Spanning the twentieth century, the book tracks the rise and fall of women-only state protective laws--such as maximum hour laws, minimum wage laws, and night work laws--from their roots in progressive reform through the passage of New Deal labor law to the feminist attack on single-sex protective laws in the 1960s and 1970s. Nancy Woloch considers the network of institutions that promoted women-only protective laws, such as the National Consumers' League and the federal Women's Bureau; the global context in which the laws arose; the challenges that proponents faced; the rationales they espoused; the opposition that evolved; the impact of protective laws in ever-changing circumstances; and their dismantling in the wake of Title VII of the Civil Rights Act of 1964. Above all, Woloch examines the constitutional conversation that the laws provoked--the debates that arose in the courts and in the women's movement. Protective laws set precedents that led to the Fair Labor Standards Act of 1938 and to current labor law; they also sustained a tradition of gendered law that abridged citizenship and impeded equality for much of the century. Drawing on decades of scholarship, institutional and legal records, and personal accounts, A Class by Herself sets forth a new narrative about the tensions inherent in women-only protective labor laws and their consequences."--

The rising rate of conflicts and the unsafe situation caused by reasons of ethnicity, religion, gender, sexual orientation, political opinion, or nationality entail an increase in the number of migratory movements. The goal of this article is to describe the health status of asylum seekers visited in an international health center. We conducted a retrospective study of the asylum seekers visited between July 2013 and June 2016. A total of 303 cases were included. The median age was 28.0 years (interquartile range [IQR]: 21–35), and 203 (67.0%) were men. Of the total, 128 cases (42.2%) were from Asia, 82 (27.1%) from Eastern Europe, 42 (13.9%) from sub-Saharan Africa, 34 (11.2%) from America, and 17 (5.6%) from Maghreb. The majority, 287 (94.7%), were asymptomatic. Seventy of the 303 (23.1%) cases were diagnosed with at least one infection, this being more prevalent in men; migrants from sub-Saharan Africa; and in those who took a land-maritime migratory route. Eight of the 303 (2.6%) cases were referred to the transcultural psychiatric department. Two important challenges of the study were the communication barriers and the legal or social situation that condition the psychological symptoms. In 48 of the 303 (15.8%) cases, there was diagnosed a noncommunicable diseases. The process of care was completed by 82.5%; although 21.9% completed the vaccination for hepatitis B. The asylum seekers in this study were in general healthy young men, although special attention was given to infectious diseases with certain geoepidemiological backgrounds. Unstable living arrangements, linguistic, and cultural barriers could account for the failure of the course of care.

In more than one sense the European Communities are a frontier land of modern international organization. One aspect of the work of the European Economic Community which has thus far escaped the attention lavished on other facets is the multi-pronged effort to reduce the differences among the national laws of the member states. Stated more affirmatively, this is an effort to make the national legal systems of the member states more similar, to "assimilate" them. This effort has much in common with the "uniform law" movement in the United States and with the "unification-of-law" movement which has flourished on the Continent in this century. But it differs from these "uniformity" and "unification" movements in at least two respects

This Bibliography draws together materials authored or edited by librarians and members of the legal community in the Commonwealth Caribbean and further afield. It was compiled as part of a research study onThe Provision of Legal Information in the Commonwealth Caribbean, in an effort to bring together and disseminate a listing of materials, particularly those on the legal information and the various laws and legal systems of the Caribbean.

Abstract
Katharina Pistor's argument in The Code of Capital about the constitutive role of legal practice for the creation and distribution of wealth requires contextualization; her claims about the stand-alone role of law in determining the political economy of global capitalism are exaggerated. My first intervention concerns the concept of capital. Capital evidently is not just a legal code, but also constitutes a financial accounting entity that emerges from processes of investment, which are embedded in (economic, social, political) structures that are facilitative of unequal distributions of rewards and risks. Legal coding should be considered as part of such 'capitalization' and as becoming more critical in the contemporary economy, in which capitalization increasingly happens through financial engineering and through capturing rents from 'intangible capital'. Secondly, we can only understand the distributional implications of legal coding if we recognize a) the importance of rent-seeking in secularly stagnating economies and b) the particular class configurations in what Milanovic, B. (2019). Capitalism, alone. Cambridge, MA: Harvard University Press calls 'liberal meritocratic capitalism'. The consolidation of a capital-rich and hard-working upper class in such a capitalist formation (the extreme case being United States) not just indicates a close alliance or overlap between holders of wealth and the professions (fund managers, legal advisers etc.) that serve them. It also indicates that social class structures – the paths of socialization they reproduce; their in-built social sorting mechanisms; their close association with ideologies of legitimate privilege – play a key role in reproducing economic distributional outcomes.

abstract: "My goal today is to discuss the processes of social integration of temporary workers from Spain into Germany so that the panel can compare these experiences with those of the Hispanic/Latino workers in the U.S.I am especially interested (as you saw in the introduction) in looking for the links between the more subjective aspects of social integration and the macrostructural conditions (juridical, political, economical, etc.) of the lives of the immigrants."

Includes bibliographical references. ; Number of sources in the bibliography: 38 ; Thesis (Ph. D.) -- University of Cyprus, Faculty of Economics and Management, Department of Public and Business Administration, June 2006. ; The University of Cyprus Library holds the printed form of the thesis. ; This PhD dissertation consists of three essays on cross listings: a. The Operating Performance of Exchange-Listed American Depositary Receipts. b. Cross Listing, Bonding and Corporate Governance. c. Cross Listing on U.S. Stock Exchanges and the Earnings Management Hypothesis. The questions analyzed in this dissertation arise because of possible frictions in the transition of information from corporations to markets. To overcome informational frictions a company might choose to list its equity on foreign exchanges with strong legal institutions. The U.S. is considered to be a country with strong and strict legal institutions. Coffee (2002) suggest that cross-listed firms on U.S. stock exchanges face (1) the increased enforcement by the Securities and Exchange Commission, (2) a more demanding litigation environment, and (3) enhanced disclosure and reconciliations to U.S. generally accepted accounting principles. All of these cross listing effects may reduce the information asymmetry between the management of the firm and markets. Prior literature has examined the role and impact of cross listing among others on valuation, cost of capital, access to capital and information environment. However, other questions arise naturally such as do firms experience improvements in their profitability after the listing? To what extent the suggested U.S. securities laws are actually enforced in relation to foreign issuers and how these securities laws affect firm's corporate governance? What is the cross listed firms' management behaviour in terms of managing financial statements? This dissertation consists of three essays on cross listings designed to address these questions. The first essay examines the operating performance of non-US firms that enter major US stock exchanges through American Depositary Receipts (ADR). We provide evidence that capital- raising cross-listed firms experience improvement in operating performance after the listing relative to a non-cross-listed matched sample of firms and relative to the pre-listing period. No such result is observed for non-capital-raising cross-listed firms. These results suggest that the type of ADR conveys information about post-listing operating performance. Moreover, we provide evidence for a positive relation between the cross listing announcement abnormal returns and the post listing abnormal changes in operating performance. This relation suggests that the market anticipates the post-listing abnormal changes in operating performance. The second essay examines the relationship between cross listing and corporate governance. We find that cross-listed firms have more independent board and audit committees after the listing relative to a non-cross-listed matched sample of firms and relative to the pre-listing period. Moreover, cross-listed firms experience changes in their ownership structure after the listing. Finally, we provide evidence that the sensitivity of the relation between cross-listed firm's valuation with audit committee independence and ownership structure becomes more important after the listing. These results are consistent with the bonding role of the cross listings on US stock exchanges. The third essay examines managers' behaviour around the cross listing in terms of earnings management. We use Canadian cross-listed firms to tone down the informational effect of the cross listings due to the economic proximity between Canadian and US markets. In this way incentives for management of earnings might be stronger. We provide evidence that firms report earnings in excess of cash flows by taking positive discretionary accruals prior to their listing in US. Furthermore, discretionary accruals reverse after the listing, resulting in a negative relation between pre-listing discretionary current accruals and post-listing net income growth relative to a matched sample. The market does not reflect this information and thus cross-listed firms are found to underperform a matched sample by about 12% for the three-year period after the listing.

Includes bibliographical references. ; Number of sources in the bibliography: 38 ; Thesis (Ph. D.) -- University of Cyprus, Faculty of Economics and Management, Department of Public and Business Administration, June 2006. ; The University of Cyprus Library holds the printed form of the thesis. ; This PhD dissertation consists of three essays on cross listings: a. The Operating Performance of Exchange-Listed American Depositary Receipts. b. Cross Listing, Bonding and Corporate Governance. c. Cross Listing on U.S. Stock Exchanges and the Earnings Management Hypothesis. The questions analyzed in this dissertation arise because of possible frictions in the transition of information from corporations to markets. To overcome informational frictions a company might choose to list its equity on foreign exchanges with strong legal institutions. The U.S. is considered to be a country with strong and strict legal institutions. Coffee (2002) suggest that cross-listed firms on U.S. stock exchanges face (1) the increased enforcement by the Securities and Exchange Commission, (2) a more demanding litigation environment, and (3) enhanced disclosure and reconciliations to U.S. generally accepted accounting principles. All of these cross listing effects may reduce the information asymmetry between the management of the firm and markets. Prior literature has examined the role and impact of cross listing among others on valuation, cost of capital, access to capital and information environment. However, other questions arise naturally such as do firms experience improvements in their profitability after the listing? To what extent the suggested U.S. securities laws are actually enforced in relation to foreign issuers and how these securities laws affect firm's corporate governance? What is the cross listed firms' management behaviour in terms of managing financial statements? This dissertation consists of three essays on cross listings designed to address these questions. The first essay examines the operating performance of non-US firms that enter major US stock exchanges through American Depositary Receipts (ADR). We provide evidence that capital- raising cross-listed firms experience improvement in operating performance after the listing relative to a non-cross-listed matched sample of firms and relative to the pre-listing period. No such result is observed for non-capital-raising cross-listed firms. These results suggest that the type of ADR conveys information about post-listing operating performance. Moreover, we provide evidence for a positive relation between the cross listing announcement abnormal returns and the post listing abnormal changes in operating performance. This relation suggests that the market anticipates the post-listing abnormal changes in operating performance. The second essay examines the relationship between cross listing and corporate governance. We find that cross-listed firms have more independent board and audit committees after the listing relative to a non-cross-listed matched sample of firms and relative to the pre-listing period. Moreover, cross-listed firms experience changes in their ownership structure after the listing. Finally, we provide evidence that the sensitivity of the relation between cross-listed firm's valuation with audit committee independence and ownership structure becomes more important after the listing. These results are consistent with the bonding role of the cross listings on US stock exchanges. The third essay examines managers' behaviour around the cross listing in terms of earnings management. We use Canadian cross-listed firms to tone down the informational effect of the cross listings due to the economic proximity between Canadian and US markets. In this way incentives for management of earnings might be stronger. We provide evidence that firms report earnings in excess of cash flows by taking positive discretionary accruals prior to their listing in US. Furthermore, discretionary accruals reverse after the listing, resulting in a negative relation between pre-listing discretionary current accruals and post-listing net income growth relative to a matched sample. The market does not reflect this information and thus cross-listed firms are found to underperform a matched sample by about 12% for the three-year period after the listing.

Legal positivism is influenced by natural law from Ancient Greece, natural law comes from God to regulate human life. Humans were created by reason by God to make rules, John Austin stated that to make a rule sourced from orders or policies in the field of law by the king or parliament as the highest authority. This influenced the thinking of Hans Klesen with a pure legal theory that complies with hierarchical rules and sanctions, Hart's legal positivism explains that law comes from morals that regulate one's behavior. This paper is in the form of legal research in literature studies in the form of books and journals that discuss positivism legal policy, which is legal research, then analyzed using the John Austin doctrine. The advantage of the influence of natural law on legal positivism according to Austin is that it divides the law into two forms, namely the law from God for humans (the divine law), the law created by God for His creatures. Laws are compiled and made by humans, which consist of: Laws that are actually positive laws (properly so called), and laws that are not actually laws (improperly so called). 2. The doctrine of legal positivism, state power must be limited and controlled by law, the state must be constructed as a state of law and not a state of power. Every citizen is considered to have the same position, law enforcers to think and act legally formalistically, by placing legal justice as the goal of law.

Commercial Human Spaceflight – a new addition to the commercial activities in outer space – is attracting the ultra-rich section of the society. It has enormous potential to accelerate the economic aspect of commercial spaceflight since with the development of reusable technologies it is expected to become cheaper. At the same time, it poses a severe threat in various ways to the status quo of the existing regime of space regulation. Taking humans to outer space as a passenger affects the current social, psychological, political, and legal setup. The paper highlights the legal issues that are arising from commercial human spaceflights. Therefore, in section one, the article discusses applicable international law to this emerging activities. Part two details specifically on the international space law that is relevant to regulate these activities. After analyzing the existing international law on space activities in sections one and two, which are essential for the commercial human spaceflights, part three identifies several legal challenges that are not sufficiently addressed by the existing laws. Section four examines the role played by the regulatory organization to develop the space law, and the role of the International Civil Aviation Organisation (ICAO) has been discussed in detail. As the ICAO holds good experience in handling air transportation, many believe that the ICAO is naturally well placed to regulate commercial space transportation. This aspect has been elaborated in detail in this part. In the fifth, i.e. the last section, the authors conclude by arguing to develop a new international convention to regulate it.