Suchergebnisse

Chapter 1. Introduction -- Chapter 2. Historical Background to the Establishment of the National Reconciliation Commission -- Chapter 3. The Legal Framework of the National Reconciliation Commission -- Chapter 4. The National Reconciliation Commission in Practice -- Chapter 5. The National Reconciliation Commission in Hindsight: An Evaluation of Its Impact -- Chapter 6. After the National Reconciliation Commission: The Way Ahead -- Chapter 7. Conclusion -- Appendix -- Index.

THE ACTIVITIES OF STATE ATTORNEYS GENERAL HAVE RECEIVED LITTLE SCHOLARLY ATTENTION DESPITE THEIR GROWING IMPORTANCE AS NATIONAL POLICY MAKERS. THIS PAPER EXAMINES HOW NEW FEDERALISM AND DIVIDED GOVERNMENT, DURING THE PAST TWO DECADES, HAVE ALTERED THE POLITICAL CONTEXT OF STATE LEGAL WORK AND HOW STATE ATTORNEYS GENERAL HAVE RESPONDED. IN ADDITION TO ESTABLISHING NEW MECHANISMS FOR INTEGRATING STATE LAW ENFORCEMENT POLICIES, STATE ATTORNEYS GENERAL HAVE ASSUMED A MORE COORDINATED AND PROACTIVE LITIGATING POSTURE IN THE FEDERAL COURTS. THESE DEVELOPMENTS HAVE ALLOWED STATES TO LAUNCH EFFECTIVE CHALLENGES TO FEDERAL LAW ENFORCEMENT POLICY AND TO PROTECT STATE REGULATION FROM FEDERAL PREEMPTION.

ABSTRACT The article suggests legal ways to protect employees from sexual harassment in the workplace. The authors note that the vector of development of labor law is turning towards personal non-property labor rights; psychological comfort in the workplace is also important for employees. Meanwhile, the ongoing processes in society (first of all, the #MeToo movement) indicate the need to introduce methods to protect employees from harassment into russian legislation.RESUMEN El artículo sugiere formas legales de proteger a los empleados del acoso sexual en el lugar de trabajo. Los autores señalan que el vector de desarrollo de la legislación laboral se está orientando hacia los derechos laborales personales no patrimoniales; la comodidad psicológica en el lugar de trabajo también es importante para los empleados. Mientras tanto, los procesos en curso en la sociedad (en primer lugar, el movimiento #MeToo) indican la necesidad de introducir métodos para proteger a los empleados del acoso en la legislación rusa.

The unprecedented expansion of EU controls on biological materials under the aegis of the EU's expanding remit on public health has caused a major reshaping of the regulatory landscape of the life-sciences in Member States. This article analyzes the challenges to national and supranational legal orders posed by the integration of ethical norms within the EU Human Tissue and Cells Directive 2004/23/EC and the Advanced Therapies Regulation (EC) 1394/2007. We show how the infiltration of substantive moral norms in morally contested fields of biotechnology is facilitated by the incorporation into the EU legislative texts of fundamental norms such as respect for human dignity contained in the EU Charter of Fundamental Rights and the Council of Europe's Convention on Human Rights and Biomedicine. The first part of the article sets out the constitutional and normative challenges posed by the EU legislative intervention on ethical matters in the field of health and new biotechnologies. The second part examines the substantive content of the integrated fundamental norms highlighting their open-ended and indeterminate character and the areas of overlap and disjunction. The third part introduces an analytical matrix which is deployed to analyze the reach of fundamental norms in shaping the more specific ethical controls in the legislative texts and reveals how the mix of technical and evaluative norms resolves the ethical and constitutional tensions in the EU texts.

Do foreign terrorists have rights under American law? And can they be prosecuted under such law? These questions may seem novel and singularly dificult. In fact, the central legal questions raised by foreign terrorism have long been familiar and have long had answers in the principle of protection. This Article explains the principle of protection and its implications for terrorism. Under the principle of protection, as understood in early American law, allegiance and protection were reciprocal. As a result, a person without allegiance was without protection, including the protection of the law. Not owing allegiance, such a person had no obligation to obey American law; moreover, not having protection, he had no rights under such law. This was the principle on which early American law dealt with enemy aliens and other persons who did not owe allegiance, including those who today would be called "terrorists." The principle of protection still provides a valuable model for understanding a wide range of otherwise intractable problems. At a doctrinal level, it resolves important questions about habeas, prisoners of war, the power of the executive over enemy aliens, the jurisdiction of courts over foreigners and foreign lands, and the rights of unauthorized aliens. The principle also provides a framework for understanding more general difficulties, including the legal strategies available to the government, the domain of national law in a multinational world, and the means of reconciling safety and civil liberty. In these ways, as illustrated by terrorism, the principle of protection is an essential foundation for a society that seeks to preserve itself from danger without undermining its liberty.

This book is a comprehensive economic and legal study of the theoretical and practical aspects of the problems of increasing energy efficiency; self-motivation of energy saving by business entities within the framework of their corporate responsibility; regulatory mechanisms to stimulate energy conservation in the economy; civil-law regulation of foreign trade turnover of energy resources between economic entities of the Russian Federation and companies of member states of international integration associations - the CIS, EEMP, the EU and BRICS. It argues that technological energy saving plays a key role in reducing the energy intensity and increasing the energy efficiency of the economy, and substantiates the need for institutional support - including legal support for the participation of the Russian Federation - in various forms of international cooperation. Lastly, based on an analysis of current legislation, programs and recommendations, judicial and contractual practices, customs and trade procedures, it offers proposals for the developing, improving and unifying civil law regulation of obligations in the sphere of international trade in energy resources, as well as methodological recommendations for drafting foreign trade contracts in the energy sector.

The purchase of a product or service by a consumer directly abroad and the remote consumption of goods are the two main ways in which transnational consumption occurs. This new contractual dynamic – a direct result of the development of transport and communication facilities - has consequences not only for consumer protection but also for trade law. It demands from doctrine, courts and legislators an effort to solve problems arising therefrom. Important lessons can be learned from the application of economic theory to law among the difficulties to fit private international law to constitutional principles. New paradigms proposed by the courts in recent years brought great expectations in the national legal system to the evolution of consumer protection concerning international trade. Theoretical developments are now necessary to elaborate regulatory proposals under trademark and corporate law - with particular attention to financial institutions - so as to grant greater protection to the vulnerable consumer assuring security and predictability to the system, which are essential to the correct operation of the market.