The deliberative deficit of prior consultation mechanisms
In: Australian journal of political science: journal of the Australasian Political Studies Association, Band 54, Heft 2, S. 255-271
ISSN: 1363-030X
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In: Australian journal of political science: journal of the Australasian Political Studies Association, Band 54, Heft 2, S. 255-271
ISSN: 1363-030X
In: Journal of politics and law: JPL, Band 6, Heft 2
ISSN: 1913-9055
In a system of tripartite consultation, workers, employers, and the government work together to improve labor standards and protect workers' rights. The International Labor Organization (ILO) has advocated for this system since its founding in 1919. China's transition toward a market economy and World Trade Organization (WTO) accession calls for a new labor relations consultation mechanism, which is more market‐oriented, globalized, diversified, and flexible. In this context, China implemented its own form of tripartite consulta‐ tion in 2001, with the founding of the State Labor Relations Tripartite Consultation Conference. The tripartite system in China has been widely adopted and has been an innovative development in Chinese labor relations. However, many argue that it does not meet the standards of the ILO tripartite system. Indeed, China's tripartite consultation mechanism differs from that advocated by the ILO. The tripartite consultation mechanism in China lacks neutrality, enforceability of consultation outcomes, trade union independence and workers' representation. Nonetheless, the tripartite mechanism currently utilized in Chinese labor relations is a first step toward a more authentic tripartite consultation mechanism by ILO standards. This is an important development in Chinese labor relations. As the beginning of social dialogue, the Chinese tripartite mechanism has the potential to impact both informal systems and the way labor law is structured.
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In: Baltic journal of law & politics, Band 11, Heft 1, S. 158-186
ISSN: 2029-0454
Abstract
The Convention on the Rights of Persons with Disabilities (UN CRPD) stipulates an obligation for states to consult persons with disabilities in the development and implementation of legislation and policies with respect of implementing this Convention. Consultations with persons with disabilities have not as yet become a widespread practice in national legal orders. When it comes to EU member states, for example, not all of them incorporate the said obligation in national legislation. In its Concluding Observations the CRPD Committee suggests that the obligation to consult is a cross-cutting duty covering all rights guaranteed in the UN CRPD. Eventually, the draft General Comment No. 7 to the UN CRPD has arrived at a wider interpretation of the scope of an obligation to consult. Although a much wider scope of opportunity to be consulted is provided for the indigenous peoples by the ILO Convention No. 169, it has become a matter of consideration in several cases before regional human rights organs while the convention has not got a significant number of ratifications. Provided that the UN CRPD is much more broadly ratified by the states, will the adoption of this General Comment exert influence on empowering persons with disabilities? In order to find an answer to this question, this article explores the genesis of a general legal obligation to consult persons with disabilities on a permanent basis which would be wider in scope than matters of implementing the UN CRPD in international human rights law.
In: New York University journal of international law & politics, Band 18, Heft 1, S. 267
ISSN: 0028-7873
In: International legal materials: ILM, Band 37, Heft 3, S. 530-531
ISSN: 1930-6571
In: Canadian journal of political science: CJPS = Revue canadienne de science politique, Band 28, Heft 3, S. 455-477
ISSN: 1744-9324
AbstractCanadian broadcasting is characterized by a tradition of public debate over policy issues that takes place through a range of formal and less formal consultation mechanisms. In a study of the broadcasting policy review process of 1985–1991, the transparency of public debate was seen to be essential in giving access to social groups who would otherwise have little influence on the process.
In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Band 28, Heft 3, S. 455-478
ISSN: 0008-4239
In: Economic and industrial democracy, Band 30, Heft 1, S. 67-92
ISSN: 1461-7099
The Australian industrial relations landscape has changed significantly. An increasingly hostile political environment and the emergence of human resource management (HRM) have seen the role of union voice decline significantly. Drawing on responses from the 2004 Australian Worker Representation and Participation Survey (AWRPS), this article examines the incidence and predictors of joint consultation, and employees' perceptions of the effectiveness of joint consultation. The study finds that joint consultation is a popular feature of the workplace. Joint consultation was highest in unionized workplaces, and the presence of a union and favourable management attitudes to unions are statistically significant predictors of joint consultative committees (JCC). Employees also report JCCs to be highly effective. The article concludes that joint consultation, as an alternative mechanism in Australian workplaces, is viewed as an effective form of voice.
In: Journal of European integration: Revue d'intégration européenne, Band 33, Heft 4, S. 385-399
ISSN: 1477-2280
On 24-26, 1996, the Vietnam Bank for Agriculture (VBA) and the Asia Pacific Rural and Agricultural Association (APRACA) held a joint workshop in Hanoi on Alternative Mechanisms for the Promotion of Microfinance in Vietnam. The workshop was hosted by VBA and supported by the German technical assistance agency GTZ. The workshop was attended by some 60 national participants from the State Bank of Vietnam, the Government Office, the Ministry of Agriculture and Rural Development, the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Planning and Investment, the Central Economics Committee, the People's and Mountainous Committee, the Vietnam Bank for Agriculture, the Vietnam Bank for the Poor, the Central People's Credit Fund, the National Economics University, the Vietnamese Farmers' Association, and the Vietnamese Women's Union. Further the workshop was attended by some 20 foreign participants from APRACA, ACS (APRACA Consultancy Services), BAAC (Bank of Agriculture and Agricultural Cooperatives) in Thailand, Bank Indonesia & PHBK, Bank Rakyat Indonesia, CIDSE (an international NGO in Vietnam), GTZ, NABARD from India, and UNDP (Hanoi and Kuala Lumpur).
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Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims. This article explores how consultation and FPIC processes can be practically integrated into investor-state contract negotiations to better safeguard the land rights and human rights of members of project-affected communities. Based on a review of relevant international law standards and guidance documents, a close analysis of typical investor-state negotiations and of consultation and consent processes in other contexts, and a workshop with Indigenous and civil society representatives, the article provides three options for integrating consultation and consent processes into contract negotiations, the appropriateness of which will vary depending on local contexts and communities' resources and decision-making structures.
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In: Northwestern Journal of International Law & Business, Forthcoming
SSRN
Working paper
This entry has been realised in the framework of the H2020-MSCA-RISE-2018 project "LoGov - Local Government and the Changing Urban-Rural Interplay". LoGov aims to provide solutions for local governments that address the fundamental challenges resulting from urbanisation. To address this complex issue, 18 partners from 17 countries and six continents share their expertise and knowledge in the realms of public law, political science, and public administration. LoGov identifies, evaluates, compares, and shares innovative practices that cope with the impact of changing urban-rural relations in five major local government areas: (1) local responsibilities and public services, (2) local financial arrangements, (3) structure of local government, (4) intergovernmental relations of local governments, and (5) people's participation in local decision-making. The present entry addresses the intergovernmental relations of local governments in Albania. The entry forms part of the LoGov Report on Albania. To access the full version of the report on Albania, other practices regarding intergovernmental relations of local governments and to receive more information about the project, please visit: https://www.logov-rise.eu/. This project has received funding from the European Union's Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement No 823961.
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People's consultation and referendum are two mechanisms of direct democracy. In both cases, the population is invited to vote directly on one or more specific questions in order to express their will, and the results are measured by the number of votes cast in favour of each option. On the other hand, the legal scope of the response provided by the population differs significantly depending on the mechanism envisaged. In a popular consultation, the public is simply asked to indicate their preference between two or more possible decisions on a given subject; the result is a simple opinion, which the authorities are then free to follow or not. Conversely, in a referendum, people are asked to exercise decision-making power on a given subject; the choice of population is then binding on the authorities. In Belgium, the majority of legal doctrine considers the referendum to be unconstitutional, regardless of the level of power involved, since it is not provided for in the Belgian Constitution. On the other hand, after lengthy debates and despite political and legal resistance, the principle of popular consultation incorporated Belgian law: first at local level in the second half of the 1990s, then also at regional level in 2014 (as part of the sixth state reform). On the other hand, the practice of popular consultation at federal level remains widely regarded as unconstitutional in Belgium and is excluded at Community level. This weekly mail examines developments in the various legislative frameworks which currently allow (or prohibit) the organisation of popular consultations or referendums in Belgium, whether at federal, federal or local level (province, municipality, etc.). ; La consultation populaire et le référendum sont deux mécanismes de démocratie directe. Dans un cas comme dans l'autre, la population est invitée à voter directement sur une ou plusieurs questions bien déterminées afin d'exprimer sa volonté, et les résultats se mesurent en nombre de voix émises en faveur de chaque option. En revanche, la ...
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