A comprehensive examination of the way in which the Convention on the International Trade in Endangered Species (CITES) is implemented and policed. CITES is one of the oldest international environmental agreements and has been responsible for some striking conservation successes. But, given the way it has evolved, there are also some critical weaknesses that unscrupulous countries and commercial interests can exploit, especially regarding information, institutions and enforcement. The convention needs reform and this book gives a trenchant critique, including practical and effective recommenda
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KEY ISSUES Background. The Gambian economy is facing urgent balance of payments needs triggered mostly by the impact of the regional Ebola outbreak on tourism. Although the country remains Ebola free, the regional outbreak is expected to cut by more than half tourism receipts for the 2014/15 season. During 2014?15, the impact of the shocks on the balance of payments, offset in part by lower global fuel prices, is estimated to be 40 million (over 5 percent of 2015 GDP). Policy slippages and persistent financial difficulties in public enterprises have exacerbated the problems and pushed The Gamb
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The Fair Work Act 2009 has brought about significant changes to industrial relations in Australia. It has significantly departed from the previous Liberal government's WorkChoices 2005 legislation in a number of notable ways. For the purposes of this paper, its new focus on collective agreements as the main means of setting wage and conditions for workers is of particular interest. Instead of individual agreements, where employees were expected to provide their own bargaining power, collective bargaining under the new legislation tries to provide employees with the resources of collectivisation and in particular facilitation of the bargaining process. The intention of the Act in this respect is to help the communication and interaction between bargaining parties through the idea of Good Faith bargaining (GFB). GFB within the Act provides firstly procedural requirements for bargaining parties, including organising and attending meetings, exchange of information and responding to proposals. Secondly, it provides for the broader, more subjective principles behind Good Faith, namely that parties should be genuine in trying to reach an agreement, that they do not undermine the collective bargaining process and that they do not undermine the authority of a bargaining party or representative. In the legislation's terms, they must not engage in 'unfair' or 'capricious' conduct. This paper endeavours to ask some natural questions that arise from the idea of GFB. If GFB consists mostly of a state of mind, how do you assess whether parties are being genuine, that they are not simply going through the motions of good faith procedures? What is determined as an unfair or 'bad faith' action? How do you ensure compliance when the notion of fairness is so subjective? These kinds of questions can be answered to a degree by looking at the international developments in this area, particularly in the countries of Canada, the United States and New Zealand. Despite the fact that GFB is not universal, some broad lessons and policy options are available by examining how each of these countries has applied good faith and how the policy and jurisprudence has developed. This paper has examined these questions, through multiple sources, including legislation from these countries, labour board decisions, employment court judgments, submissions to parliamentary inquiries by business and unions, correspondence with experts in the field and academic publications in industrial relations journals. Overall, this research highlighted the limited nature of the Fair Work Act's GFB requirements and the important role of the new regulatory body, Fair Work Australia in further defining it. If constantly left up to the discretion of Fair Work Australia, however, breaches of good faith may not be consistent. The Fair Work Act, particularly compared with other legislation, would need to be more specific about good faith issues. The New Zealand legislation in particular seemed a suitable model in many respects as it was able to define further what constituted a GFB issue. This paper examined three of these; 'passing on' or 'free riding', 'surface bargaining' and direct communication. These all represent either bargaining where parties are not genuinely trying to reach an agreement, bargaining which undermines the collective bargaining process or bargaining which undermines a bargaining party or representative. These are all, however, not specified within the Fair Work Act. This could arguably mean parties engaged in these activities would be technically compliant under the current GFB requirements.' Defining clearly what constitutes good and bad faith activity will create a clear mandate for the new regulatory body, Fair Work Australia, and will create a more successful application of GFB in Australia.
Cover -- Half Title -- Title Page -- Copyright Page -- Contents -- Acknowledgements -- Series Preface -- Introduction -- PART I: PHILOSOPHICAL, RELIGIOUS, AND HISTORICAL INFLUENCES UNDERLYING THE DEVELOPMENT OF HUMAN RIGHTS LAW -- 1 Origins: The Rise and Fall of Natural Rights -- Why history? -- On rights and tyrants -- Justice and rights -- Natural rights -- The age of revolutions -- The decline of natural rights -- References -- 2 Introduction: The Human Rights Idea -- POLITICAL AND MORAL UNDERPINNINGS -- Notes -- 3 Islam and Human Rights: Beyond the Universality Debate -- CONCLUDING REMARKS -- 4 Women's Rights as Human Rights: Toward a Re-Vision of Human Rights -- I. BEYOND RHETORIC: POLITICAL IMPLICATIONS -- II. TOWARD ACTION: PRACTICAL APPROACHES -- PART II: DRAFTING OF THE HUMAN RIGHTS PROVISIONS OF THE UN CHARTER AND OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS -- 5 The Road to San Francisco: The Revival of the Human Rights Idea in the Twentieth Century -- I. INTRODUCTION -- II. THE LEAGUE OF NATIONS AND THE MINORITY CLAUSES -- Ill. THE PIONEER ROLE OF ANDRE MANDELSTAM AND THE INVOLVEMENT OF NONGOVERNMENTAL ORGANIZATIONS -- IV. THE EMERGENCE OF NAZI GERMANY AND THE HAITIAN PROPOSALS TO THE LEAGUE OF NATIONS -- V. CONTINUING NEGLECT OF THE HUMAN RIGHTS CONCEPT BY PREWAR POLITICAL THOUGHT -- VI. THE RIGHTS OF MAN CAMPAIGN OF H.G. WELLS -- VII. PRESIDENT ROOSEVELT AND THE FOUR FREEDOMS -- VIII. THE HUMAN RIGHTS MOVEMENT DURING WORLD WAR II -- IX. THE OPENING PHASE OF THE SAN FRANCISCO CONFERENCE -- X. EPILOGUE-THE NEED FOR FURTHER RESEARCH -- 6 World War Two and the Universal Declaration -- I. HITLER'S ORGANIC STATE AND ARTICLES 1 AND 2 -- Article 1 -- Article 2 -- II. PERSONAL SECURITY AND THE CAMPS -- Article 3 -- Article 4 -- Article 5 -- Ill. THE FUHRER PRINCIPlE AND ARTIClE 21 -- IV. NAZIFICATION AND LEGAL RIGHTS -- Article 6
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In: Revue internationale de la Croix-Rouge: débat humanitaire, droit, politiques, action = International Review of the Red Cross, Band 44, Heft 526, S. 477-501
ISSN: 1607-5889
Si les conventions humanitaires accordent au personnel sanitaire des armées des garanties spéciales, dans l'intérêt même de sa mission en faveur des soldats blessés et malades, pourquoi nous, membres de la protection civile, qui remplissons une mission équivalente auprès des civils victimes des hostilités, ne bénéficierions-nous pas également d'un statut privilégié et surtout d'un signe distinctif ?Tel est le væu souvent exprimé par des représentants d'organisations de protection civile, notamment quand elles ont un caractère non militaire. Telle est également la question qu'a examinée de façon approfondie un groupe d'experts convoqués par le CICR en juin 1961, et qui avail pour tâche d'étudier la situation des organisations de protection civile en droit international.
The choice of delivery terms in international contracts has significant impact on both physical and financial risks for importers and exporters. This paper considers implications resulting from a recent Australian tribunal case involving transactions based on Delivered Duty Paid (DDP) terms (Incoterms). This case highlights how importers may become exposed to unexpected financial penalties caused by incorrect processes from foreign suppliers that result in duty and taxation payment shortfalls. The discussion focuses on the risk elements related to DDP for importers and the interpretation of legislation and policy documents. A chronological timeline of events is provided to explain the changes in policies and interpretation related to ownership as defined by Australian customs legislation. The conclusion is that, due to customs considerations and the decision of the tribunal in this case, DDP may no longer be a viable option for international trade transactions, not only in Australia, but also in other nations.Fulltext: https://doi.org/10.1515/acta-2016-0005