首页 > 最新文献

Beijing Law Review最新文献

英文 中文
Externalization of Border Controls as a Violation of Human Rights of Irregular Migrant Children: A Global Dilemma 边境管制的外部化是对非正规移民儿童人权的侵犯:一个全球性的困境
Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113040
Irekpitan Okukpon
Various States have resorted to stringent border controls as irregular migrants sought to enter their territories within the past few years. These externalised border controls are sometimes, strictly enforced to the extent that irregular migrants—particularly vulnerable migrants such as unaccompanied minor children are arbitrarily detained in detention centres—the living 040conditions of which are in express violation of various international human rights treaties. This article examines the validity of these border controls which continue to negate the human rights of these irregular migrant children, and the role which the international community plays in upholding these established human rights The article discusses the extent to which these externalized border controls are enforced in Australia and across the European Union in law and in practice. The article concludes by proffering recommendations which facilitate a global harmonised governance system for irregular migrant children.
在过去几年中,由于非正规移徙者试图进入其领土,各国都采取了严格的边境管制。这些外部化的边境管制有时被严格执行,以至于非正规移民——尤其是无人陪伴的未成年儿童等弱势移民——被任意拘留在拘留中心,其生活条件明显违反了各种国际人权条约。本文考察了这些边境管制的有效性,这些边境管制继续否定这些非正规移民儿童的人权,以及国际社会在维护这些既定人权方面发挥的作用。本文讨论了这些外部化的边境管制在澳大利亚和整个欧盟在法律和实践中执行的程度。文章最后提出了一些建议,以促进建立一个针对非正规流动儿童的全球协调治理体系。
{"title":"Externalization of Border Controls as a Violation of Human Rights of Irregular Migrant Children: A Global Dilemma","authors":"Irekpitan Okukpon","doi":"10.4236/blr.2020.113040","DOIUrl":"https://doi.org/10.4236/blr.2020.113040","url":null,"abstract":"Various States have resorted to stringent border controls as irregular migrants sought to enter their territories within the past few years. These externalised border controls are sometimes, strictly enforced to the extent that irregular migrants—particularly vulnerable migrants such as unaccompanied minor children are arbitrarily detained in detention centres—the living 040conditions of which are in express violation of various international human rights treaties. This article examines the validity of these border controls which continue to negate the human rights of these irregular migrant children, and the role which the international community plays in upholding these established human rights The article discusses the extent to which these externalized border controls are enforced in Australia and across the European Union in law and in practice. The article concludes by proffering recommendations which facilitate a global harmonised governance system for irregular migrant children.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"16 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130925551","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Protection for Domestic Workers: The Case of Wolaita Sodo Town, Ethiopia 家庭佣工的法律保护:埃塞俄比亚Wolaita Sodo镇的案例
Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113047
Yared Kefyalew Demarso, Bogale Anja Abba
This research examines legal protection for domestic workers, who are highly exposed to varieties of abuses and violence by taking the comparative analysis of some African countries like Kenya and South Africa. The best experience of these countries was selected as they extended labour law protection for domestic workers too. The International Labour Organization (ILO) has adopted the convention for special legal protection of domestic workers. Some countries of the world also signed and ratified the convention. However, Ethiopia was also signed but not yet ratified the convention and explicitly excluded domestic workers from labour law protection. The main objective of the research is to assess the legal protection of domestic workers in the study area. This research has employed doctrinal legal research and some empirical considerations were analyzed qualitatively through narration and thematic analysis techniques to articulate legal protection of domestic workers. The finding of the research indicated that there is no clear contractual agreement between employers and domestic workers, unlimited work time without rest including night time, work with less or no remuneration, abuses and sexual violations. The research also revealed that there is violation of rights of the domestic workers due to multiple factors but the legal protection is inadequate. Some of those factors include bargaining power imbalance, lack of clearly agreed terms of contract, illiteracy and working in private household, lack of awareness and weak realization of laws and failures of the organs of government. So, the research suggests that domestic workers need recognition and adequate legal protection due to their special vulnerability.
本研究通过对肯尼亚和南非等非洲国家的比较分析,考察了对家庭佣工的法律保护,这些家庭佣工极易受到各种虐待和暴力的侵害。这些国家的最佳经验被选中,因为它们也扩大了对家政工人的劳动法保护。国际劳工组织(劳工组织)通过了为家庭工人提供特别法律保护的公约。世界上一些国家也签署并批准了该公约。然而,埃塞俄比亚也签署了该公约,但尚未批准,并明确将家政工人排除在劳动法保护之外。本研究的主要目的是评估研究地区家庭佣工的法律保护。本研究运用法律理论研究,并透过叙事与专题分析的手法,对一些实证考量进行定性分析,以阐明家政工人的法律保护。研究结果表明,雇主和家庭佣工之间没有明确的合同协议,没有休息的无限工作时间,包括夜间工作,报酬较少或没有报酬,虐待和性侵犯。研究还发现,由于多种因素,家庭佣工的权利受到侵犯,但法律保护不足。其中一些因素包括议价能力不平衡、缺乏明确商定的合同条款、文盲和在私人家庭工作、缺乏对法律的认识和认识不足以及政府机关的失败。因此,研究表明,由于家庭佣工的特殊脆弱性,需要得到认可和充分的法律保护。
{"title":"Legal Protection for Domestic Workers: The Case of Wolaita Sodo Town, Ethiopia","authors":"Yared Kefyalew Demarso, Bogale Anja Abba","doi":"10.4236/blr.2020.113047","DOIUrl":"https://doi.org/10.4236/blr.2020.113047","url":null,"abstract":"This research examines legal protection for domestic workers, who are highly exposed to varieties of abuses and violence by taking the comparative analysis of some African countries like Kenya and South Africa. The best experience of these countries was selected as they extended labour law protection for domestic workers too. The International Labour Organization (ILO) has adopted the convention for special legal protection of domestic workers. Some countries of the world also signed and ratified the convention. However, Ethiopia was also signed but not yet ratified the convention and explicitly excluded domestic workers from labour law protection. The main objective of the research is to assess the legal protection of domestic workers in the study area. This research has employed doctrinal legal research and some empirical considerations were analyzed qualitatively through narration and thematic analysis techniques to articulate legal protection of domestic workers. The finding of the research indicated that there is no clear contractual agreement between employers and domestic workers, unlimited work time without rest including night time, work with less or no remuneration, abuses and sexual violations. The research also revealed that there is violation of rights of the domestic workers due to multiple factors but the legal protection is inadequate. Some of those factors include bargaining power imbalance, lack of clearly agreed terms of contract, illiteracy and working in private household, lack of awareness and weak realization of laws and failures of the organs of government. So, the research suggests that domestic workers need recognition and adequate legal protection due to their special vulnerability.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"287 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113995980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
An Institutional Theory Perspective on Developing a Cyber Security Legal Framework: A Case of Saudi Arabia 网络安全法律框架构建的制度理论视角——以沙特阿拉伯为例
Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113039
H. Singh, T. Alshammari
In the information age, the cyber-attacks have increased manifold, and developing a cyber-security legal framework is the need of the hour. Saudi Arabia experiences the highest cyber-attacks in the Arab region. This research attempts to develop a cyber-security legal framework for Saudi Arabia in particular and other countries in general. The study uses coercive, normative, and mimetic forces of institutional theory for this endeavor. Coercive pressure manifests in legal instruments, so countries like Saudi Arabia need to ensure compliance of their organizations to their respective laws, regulations, security policies, and procedures. Normative force manifests in professional networks and community expectations. So, countries like Saudi Arabia should collaborate, share information with other countries and join the Budapest Convention to combat cyber-crimes. Saudi Arabia should sufficiently incorporate the provisions of the Arab Convention on Combating Information Technology Offences in its legal instruments. Mimetic force involves copying the actions and practices of successful organizations. So, countries like Saudi Arabia should improve their legal tools by incorporating key features of legal instruments of more advanced cyber-secure nations like the UK, USA, Singapore, etc. Specifically, Saudi Arabia should improve its legal tools in the areas of privacy, identity theft, cyber-bullying, etc.
在信息时代,网络攻击层出不穷,制定网络安全法律框架势在必行。沙特阿拉伯是阿拉伯地区遭受网络攻击最多的国家。本研究试图为沙特阿拉伯和其他国家制定一个网络安全法律框架。这项研究使用了制度理论的强制、规范和模仿力量来进行这项努力。强制压力体现在法律文书上,因此沙特阿拉伯等国需要确保其组织遵守各自的法律法规、安全政策和程序。规范力量表现为专业网络和社区期望。因此,像沙特阿拉伯这样的国家应该合作,与其他国家共享信息,加入布达佩斯公约,打击网络犯罪。沙特阿拉伯应将《阿拉伯打击信息技术犯罪公约》的规定充分纳入其法律文书。模仿力包括复制成功组织的行为和实践。因此,像沙特阿拉伯这样的国家应该通过吸收英国、美国、新加坡等更先进的网络安全国家的法律文书的关键特征来改善他们的法律工具。具体而言,沙特阿拉伯应完善其在隐私、身份盗窃、网络欺凌等领域的法律工具。
{"title":"An Institutional Theory Perspective on Developing a Cyber Security Legal Framework: A Case of Saudi Arabia","authors":"H. Singh, T. Alshammari","doi":"10.4236/blr.2020.113039","DOIUrl":"https://doi.org/10.4236/blr.2020.113039","url":null,"abstract":"In the information age, the cyber-attacks have increased manifold, and developing a cyber-security legal framework is the need of the hour. Saudi Arabia experiences the highest cyber-attacks in the Arab region. This research attempts to develop a cyber-security legal framework for Saudi Arabia in particular and other countries in general. The study uses coercive, normative, and mimetic forces of institutional theory for this endeavor. Coercive pressure manifests in legal instruments, so countries like Saudi Arabia need to ensure compliance of their organizations to their respective laws, regulations, security policies, and procedures. Normative force manifests in professional networks and community expectations. So, countries like Saudi Arabia should collaborate, share information with other countries and join the Budapest Convention to combat cyber-crimes. Saudi Arabia should sufficiently incorporate the provisions of the Arab Convention on Combating Information Technology Offences in its legal instruments. Mimetic force involves copying the actions and practices of successful organizations. So, countries like Saudi Arabia should improve their legal tools by incorporating key features of legal instruments of more advanced cyber-secure nations like the UK, USA, Singapore, etc. Specifically, Saudi Arabia should improve its legal tools in the areas of privacy, identity theft, cyber-bullying, etc.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132617582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 9
Meeting the Need for a Technologically Driven Justice Delivery System: The Elixir of Rights and Judicial Expediency 满足技术驱动的司法交付系统的需求:权利和司法权宜之计的灵丹妙药
Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113049
Foluke O. Dada, E. Alemika
The quality of justice is found in its efficacy while the promptness of justice determines its effect. Hence, the aphorism, “justice delayed is justice denied”. It is well known fact that the justice system in Nigeria, like many developing countries, is like igniting a snail on a hundred-kilometer journey. The problem of delay in justice is compounded in an unforeseen period like the world’s current state of the Coronavirus pandemic. By virtue of the national lock-down, the justice system has been on a halt and as such, every aspect of life which is tied to a virile judicial system is also affected. The aim of this paper therefore, is an attempt to analyse how technology can be employed for an effective justice delivery system while the pandemic situation persists. This exercise begins with an examination of the legal provisions available in Nigerian law to meet the demands for a technological-driven effective justice system. This is done by analysing the various provisions of the Evidence Act, High Courts Civil Procedure Rules, Administration of Criminal Justice Laws of States, Courts’ Practice Directions and other relevant provisions. Hence, the thrust of this paper is to elicit palpable elixirs aimed to achieve the decongestion of courts and improve access both during emergencies such as the COVID-19 situation and in the normal course of justice delivery thereafter.
司法的质量体现在司法的效力上,而司法的及时性决定司法的效果。因此,有句格言说,“延迟的正义就是否定的正义”。众所周知,尼日利亚的司法系统和许多发展中国家一样,就像在百公里的旅程中点燃一只蜗牛。在世界目前处于冠状病毒大流行状态这样一个不可预见的时期,司法延误问题变得更加复杂。由于全国封锁,司法系统已处于停顿状态,因此,与男子气概的司法系统有关的生活的每一个方面也受到影响。因此,本文的目的是试图分析在疫情持续的情况下,如何利用技术建立有效的司法体系。这项工作首先审查尼日利亚法律中现有的法律规定,以满足对技术驱动的有效司法系统的要求。这是通过分析《证据法》、《高等法院民事诉讼规则》、《各州刑事司法法律管理》、《法院实务指示》和其他有关规定的各项规定来完成的。因此,本文的主旨是提出切实可行的灵丹妙药,旨在缓解法院的拥堵,并在COVID-19疫情等紧急情况下以及此后的正常司法过程中改善获取途径。
{"title":"Meeting the Need for a Technologically Driven Justice Delivery System: The Elixir of Rights and Judicial Expediency","authors":"Foluke O. Dada, E. Alemika","doi":"10.4236/blr.2020.113049","DOIUrl":"https://doi.org/10.4236/blr.2020.113049","url":null,"abstract":"The quality of justice is found in its efficacy while the promptness of justice determines its effect. Hence, the aphorism, “justice delayed is justice denied”. It is well known fact that the justice system in Nigeria, like many developing countries, is like igniting a snail on a hundred-kilometer journey. The problem of delay in justice is compounded in an unforeseen period like the world’s current state of the Coronavirus pandemic. By virtue of the national lock-down, the justice system has been on a halt and as such, every aspect of life which is tied to a virile judicial system is also affected. The aim of this paper therefore, is an attempt to analyse how technology can be employed for an effective justice delivery system while the pandemic situation persists. This exercise begins with an examination of the legal provisions available in Nigerian law to meet the demands for a technological-driven effective justice system. This is done by analysing the various provisions of the Evidence Act, High Courts Civil Procedure Rules, Administration of Criminal Justice Laws of States, Courts’ Practice Directions and other relevant provisions. Hence, the thrust of this paper is to elicit palpable elixirs aimed to achieve the decongestion of courts and improve access both during emergencies such as the COVID-19 situation and in the normal course of justice delivery thereafter.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122483905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Role and Problems of Environmental Impact Assessment in Governing Hydro-Power Projects in Cambodia 环境影响评价在柬埔寨水电项目管理中的作用和问题
Pub Date : 2020-05-22 DOI: 10.4236/blr.2020.112031
H. Xia
Hydro-power projects on the Mekong River may cause great impacts on sustainability of the river. This paper investigates the role of Cambodia’s environmental impact assessment (EIA) in governing hydro-power projects and examines whether the current EIA legal regime is capable to address the challenges raised by hydro-power projects. The author finds that Cambodia has established high standards in EIA legal framework. Some proposed requirements, such as the consideration of the impacts of climate change and trans-boundary impacts, may constitute great challenge for future enforcement. Case study in hydro-power projects suggests that the implementation of EIA is far from fulfilling the purposes promised by the black letters in the law. Currently, the main difficulties in implementation are lack of capacity building and public participation. The imperfection of land law as an external element is another obstacle to the effectiveness of EIA law. As a mid-stream riparian state of the Mekong River, on one hand Cambodia is facing potential negative impacts of hydro-power projects in Lao PDR and China, on the other hand, its hydro-power projects may add more threats to the sustainability of Mekong River. This paper argues that for the sustainability of the Mekong water system, Cambodia should implement its EIA law seriously and speed the work of land titles.
湄公河上的水电工程可能会对河流的可持续性造成重大影响。本文调查了柬埔寨环境影响评估(EIA)在管理水电项目中的作用,并检查了当前的环境影响评估法律制度是否能够解决水电项目提出的挑战。笔者认为,柬埔寨在环评法律框架方面建立了高标准。一些拟议的要求,例如考虑气候变化的影响和跨界影响,可能对未来的执法构成巨大挑战。水电项目的实例表明,环评的实施远远达不到法律黑字所承诺的目的。目前,实施的主要困难是缺乏能力建设和公众参与。土地法作为外部要素的不完善是影响环评法有效性的又一障碍。柬埔寨作为湄公河中游沿岸国,一方面面临着老挝和中国水电项目的潜在负面影响,另一方面,其水电项目可能会给湄公河的可持续性带来更多威胁。本文认为,为保证湄公河水系的可持续性,柬埔寨应认真执行环评法,加快土地产权工作。
{"title":"The Role and Problems of Environmental Impact Assessment in Governing Hydro-Power Projects in Cambodia","authors":"H. Xia","doi":"10.4236/blr.2020.112031","DOIUrl":"https://doi.org/10.4236/blr.2020.112031","url":null,"abstract":"Hydro-power projects on the Mekong River may cause great impacts on sustainability of the river. This paper investigates the role of Cambodia’s environmental impact assessment (EIA) in governing hydro-power projects and examines whether the current EIA legal regime is capable to address the challenges raised by hydro-power projects. The author finds that Cambodia has established high standards in EIA legal framework. Some proposed requirements, such as the consideration of the impacts of climate change and trans-boundary impacts, may constitute great challenge for future enforcement. Case study in hydro-power projects suggests that the implementation of EIA is far from fulfilling the purposes promised by the black letters in the law. Currently, the main difficulties in implementation are lack of capacity building and public participation. The imperfection of land law as an external element is another obstacle to the effectiveness of EIA law. As a mid-stream riparian state of the Mekong River, on one hand Cambodia is facing potential negative impacts of hydro-power projects in Lao PDR and China, on the other hand, its hydro-power projects may add more threats to the sustainability of Mekong River. This paper argues that for the sustainability of the Mekong water system, Cambodia should implement its EIA law seriously and speed the work of land titles.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133737961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Trade Competition among Insurers in Ethiopia: A Critical Analysis 埃塞俄比亚保险公司之间的贸易竞争:一个关键分析
Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112028
Yared Kefyalew Demarso, Bogale Anja Abba
This study sought to underscore problems surrounding trade competition scenario among insurers in Ethiopia. The insurance sector has its own distinct features that make it unique from other businesses due to its contribution to the development of the country’s economy as it provides sense of security; a means of sharing risk; a tool to manage risks efficiently; facilitating trade and investment. Due to this distinctiveness, it is a risky business whose failure may result in systematic risk and failure of the whole economy and hence strict regulation of the sector becomes inevitable. It is necessary to build competent domestic insurers to cope up with the trade competition challenges of huge foreign insurers during Ethiopia’s accession to the World Trade Organization (WTO). The paper addresses whether there is meaningful trade competition and the need for investigating and taking measures against anti-competitive trade practices to shape trade competition in the insurance market of the country. It is still tried to investigate the coordination between the National Bank of Ethiopia (NBE) and the Trade Competition and Consumer Protection Authority with regard to regulating trade competition in the insurance sector. It has been concluded that, currently, there is no meaningful trade competition among insurers in Ethiopia and there is need for investigating and taking measures by competent organs in order to promote and regulate trade competition in the insurance market. Moreover, this paper suggests that there must be meaningful trade competition and there is a need to take measures against anti-competitive trade practices after due investigation to promote trade competition in the insurance sector of the country.
本研究旨在强调埃塞俄比亚保险公司之间的贸易竞争情况的问题。保险行业有其独特的特点,使其与其他业务不同,因为它为国家经济的发展做出了贡献,因为它提供了安全感;分担风险的手段;有效管理风险的工具;促进贸易和投资便利化。由于这种特殊性,它是一个高风险的行业,其失败可能导致系统性风险和整个经济的失败,因此对该行业的严格监管成为必然。在埃塞俄比亚加入世界贸易组织(WTO)的过程中,必须建立有实力的国内保险公司,以应对庞大的外国保险公司的贸易竞争挑战。本文讨论了是否存在有意义的贸易竞争,以及调查和采取措施反对反竞争贸易做法以塑造该国保险市场的贸易竞争的必要性。目前仍在努力调查埃塞俄比亚国家银行与贸易竞争和消费者保护局在管理保险部门的贸易竞争方面的协调情况。得出的结论是,目前埃塞俄比亚保险公司之间不存在有意义的贸易竞争,主管机关有必要进行调查并采取措施,以促进和管制保险市场的贸易竞争。此外,本文建议必须有有意义的贸易竞争,并有必要采取措施,通过适当的调查,反对反竞争的贸易行为,以促进贸易竞争在该国的保险部门。
{"title":"Trade Competition among Insurers in Ethiopia: A Critical Analysis","authors":"Yared Kefyalew Demarso, Bogale Anja Abba","doi":"10.4236/blr.2020.112028","DOIUrl":"https://doi.org/10.4236/blr.2020.112028","url":null,"abstract":"This study sought to underscore problems surrounding trade competition scenario among insurers in Ethiopia. The insurance sector has its own distinct features that make it unique from other businesses due to its contribution to the development of the country’s economy as it provides sense of security; a means of sharing risk; a tool to manage risks efficiently; facilitating trade and investment. Due to this distinctiveness, it is a risky business whose failure may result in systematic risk and failure of the whole economy and hence strict regulation of the sector becomes inevitable. It is necessary to build competent domestic insurers to cope up with the trade competition challenges of huge foreign insurers during Ethiopia’s accession to the World Trade Organization (WTO). The paper addresses whether there is meaningful trade competition and the need for investigating and taking measures against anti-competitive trade practices to shape trade competition in the insurance market of the country. It is still tried to investigate the coordination between the National Bank of Ethiopia (NBE) and the Trade Competition and Consumer Protection Authority with regard to regulating trade competition in the insurance sector. It has been concluded that, currently, there is no meaningful trade competition among insurers in Ethiopia and there is need for investigating and taking measures by competent organs in order to promote and regulate trade competition in the insurance market. Moreover, this paper suggests that there must be meaningful trade competition and there is a need to take measures against anti-competitive trade practices after due investigation to promote trade competition in the insurance sector of the country.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116998428","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Failure of Temporary Contracting in Spain as a Measure to Promote Employment 西班牙临时合同制在促进就业方面的失败
Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112038
Sara Ruano-Albertos
High dismissal has reduced hiring in job creation. This is why temporary contracting has been used as a technique to overcome these business reluctances. However, this objective has not been fulfilled. Indeed quite the opposite in fact as the labour market has generally become precarious. The ultimate outcome is a widened inequality gap and workers’ poverty.
高解雇率减少了就业岗位的招聘。这就是为什么临时合同被用作一种技术来克服这些商业上的不情愿。然而,这一目标尚未实现。事实上恰恰相反,劳动力市场普遍变得不稳定。最终的结果是不平等差距扩大和工人贫困。
{"title":"Failure of Temporary Contracting in Spain as a Measure to Promote Employment","authors":"Sara Ruano-Albertos","doi":"10.4236/blr.2020.112038","DOIUrl":"https://doi.org/10.4236/blr.2020.112038","url":null,"abstract":"High dismissal has reduced hiring in job creation. This is why temporary contracting has been used as a technique to overcome these business reluctances. However, this objective has not been fulfilled. Indeed quite the opposite in fact as the labour market has generally become precarious. The ultimate outcome is a widened inequality gap and workers’ poverty.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129042087","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal and Administrative Challenges of Alternative Dispute Resolution (ADR) as a Peaceful Means of Resolving the Land Dispute in the Rural Areas of Bangladesh 替代性争议解决(ADR)作为解决孟加拉国农村地区土地争端的和平手段的法律和行政挑战
Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112026
Md. Manjur Hossain Patoari, A. Nor, M. Awang, A. Chowdhury, Jaforullah Talukder
Alternative Dispute Resolution (ADR) is an innovative movement in the civil justice system of Bangladesh including land conflict. Traditional judicial process of Bangladesh especially land litigation is time consuming, expensive and very much complex. People involved in the land conflict, are fear to go to the court to settle their dispute due to unreasonable delay, expenses and unbearable sufferings and most of them prefer ADR as a way of resolving their dispute. Bangladesh has emphasized Alternative Dispute Resolution (ADR) as a means to resolve civil conflict as it saves time, money and energy of conflicting parties, reduces backlog of cases and work volume of court officials and also saves valuable time of the court. Recently ADR has become a popular means of settlement of land conflict among the people of Bangladesh as it is confidential, informal and relieves the parties from sufferings. The main objective of this study is to identify the legal and administrative challenges of ADR as a means of settlement of land conflict in Bangladesh and also to suggest an avenue for the complete success of ADR as an effective means to resolve land conflict in the rural areas of Bangladesh. This study is qualitative in nature which is conducted on the basis of secondary data. Data are collected from various journals, books, reports, newspaper writing and decision of apex court of Bangladesh. The core implication of this research is that it will open a new avenue for the policy maker of the country and the conflicting parties would be able to resolve their land dispute through a peaceful means.
替代性争议解决(ADR)是孟加拉国民事司法制度的一项创新运动,其中包括土地冲突。孟加拉国传统的司法程序,特别是土地诉讼,耗时、昂贵且非常复杂。由于不合理的拖延、费用和难以忍受的痛苦,卷入土地冲突的人们害怕去法院解决他们的纠纷,大多数人更喜欢ADR作为解决纠纷的一种方式。孟加拉国一直强调替代性争议解决(ADR)作为解决国内冲突的手段,因为它节省了冲突各方的时间、金钱和精力,减少了积压的案件和法院工作人员的工作量,也节省了法院的宝贵时间。最近,ADR已成为解决孟加拉国人民之间土地冲突的一种普遍手段,因为它是保密的、非正式的,并减轻了各方的痛苦。本研究的主要目的是确定ADR作为解决孟加拉国土地冲突手段的法律和行政挑战,并建议ADR作为解决孟加拉国农村地区土地冲突的有效手段取得圆满成功的途径。本研究是定性的,是在二手数据的基础上进行的。数据收集自各种期刊、书籍、报告、报纸写作和孟加拉国最高法院的判决。本研究的核心意义在于,它将为国家的政策制定者和冲突各方开辟一条新的途径,使他们能够通过和平手段解决他们的土地争端。
{"title":"Legal and Administrative Challenges of Alternative Dispute Resolution (ADR) as a Peaceful Means of Resolving the Land Dispute in the Rural Areas of Bangladesh","authors":"Md. Manjur Hossain Patoari, A. Nor, M. Awang, A. Chowdhury, Jaforullah Talukder","doi":"10.4236/blr.2020.112026","DOIUrl":"https://doi.org/10.4236/blr.2020.112026","url":null,"abstract":"Alternative Dispute Resolution (ADR) is an innovative movement in the civil justice system of Bangladesh including land conflict. Traditional judicial process of Bangladesh especially land litigation is time consuming, expensive and very much complex. People involved in the land conflict, are fear to go to the court to settle their dispute due to unreasonable delay, expenses and unbearable sufferings and most of them prefer ADR as a way of resolving their dispute. Bangladesh has emphasized Alternative Dispute Resolution (ADR) as a means to resolve civil conflict as it saves time, money and energy of conflicting parties, reduces backlog of cases and work volume of court officials and also saves valuable time of the court. Recently ADR has become a popular means of settlement of land conflict among the people of Bangladesh as it is confidential, informal and relieves the parties from sufferings. The main objective of this study is to identify the legal and administrative challenges of ADR as a means of settlement of land conflict in Bangladesh and also to suggest an avenue for the complete success of ADR as an effective means to resolve land conflict in the rural areas of Bangladesh. This study is qualitative in nature which is conducted on the basis of secondary data. Data are collected from various journals, books, reports, newspaper writing and decision of apex court of Bangladesh. The core implication of this research is that it will open a new avenue for the policy maker of the country and the conflicting parties would be able to resolve their land dispute through a peaceful means.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128181889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
The WTO and the Paris Agreement: A Dialogue on Climate Change Mitigation 世界贸易组织和《巴黎协定》:关于减缓气候变化的对话
Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112025
Andréia Costa Vieira
The present paper intends to highlight the work of the WTO Committee on Trade and Environment (CTE) as well as its latest mandate on climate change issues. The aim is to show that there is a possible and desired non-conflict interaction that is been going on in the last years between the International Trade and the Climate Change regimes. Such interaction has a multi-faceted feature that works shaped by relational administrative, operational and conceptual interactions, which have been promoted by a dialogue of sources prior to the construction of the rules. In order to demonstrate such interaction, the Paris Agreement trade-related instruments and national-determined contributions are taken into consideration. In the end, this essay presents real elements of an interaction that bridges gaps between trade and climate change.
本文件旨在强调世贸组织贸易与环境委员会的工作及其在气候变化问题上的最新任务。其目的是表明,在过去几年中,国际贸易和气候变化制度之间存在着一种可能和理想的非冲突互动。这种相互作用具有多方面的特点,是由相关的行政、业务和概念相互作用形成的,这些相互作用是在规则构建之前通过来源对话促进的。为了证明这种相互作用,考虑了《巴黎协定》与贸易有关的文书和国家自主贡献。最后,本文展示了在贸易和气候变化之间架起桥梁的互动的真实要素。
{"title":"The WTO and the Paris Agreement: A Dialogue on Climate Change Mitigation","authors":"Andréia Costa Vieira","doi":"10.4236/blr.2020.112025","DOIUrl":"https://doi.org/10.4236/blr.2020.112025","url":null,"abstract":"The present paper intends to highlight the work of the WTO Committee on Trade and Environment (CTE) as well as its latest mandate on climate change issues. The aim is to show that there is a possible and desired non-conflict interaction that is been going on in the last years between the International Trade and the Climate Change regimes. Such interaction has a multi-faceted feature that works shaped by relational administrative, operational and conceptual interactions, which have been promoted by a dialogue of sources prior to the construction of the rules. In order to demonstrate such interaction, the Paris Agreement trade-related instruments and national-determined contributions are taken into consideration. In the end, this essay presents real elements of an interaction that bridges gaps between trade and climate change.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123534578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Human Rights in the Constitutions of the Gulf Cooperation Council Countries (GCCC): Texts and Realities 海湾合作委员会国家宪法中的人权:文本与现实
Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112032
Samid A. Darawsheh
This study addressed the issue of human rights in the constitutions of the Gulf Cooperation Council Countries (GCCC) by identifying human rights concept, development, and tracing the state of human rights within the GCCC countries through constitutional texts and practical application. The study is based on more than one scientific method to verify the hypothesis; it used the descriptive, analytical, and legal approaches. The study reached several conclusions, one being that there is no shortage in the contents of the constitutional provisions of the (GCCC) countries in terms of emphasis on human rights. However, practice in reality is different from theoretical texts. In the end, the study came up with several recommendations, including: the need for constitutional amendments in the constitutions of the Gulf Cooperation Council Countries (GCCC) so that the new texts include clear commitments to respect human rights, the inclusion of human rights concepts in the curriculum, and the use of all means, the media in particular, to spread the culture of human rights in the (GCCC).
本研究通过对海湾合作委员会成员国宪法中人权概念的辨析、人权的发展,并通过宪法文本和实际应用来追溯海湾合作委员会成员国的人权状况,从而探讨海湾合作委员会成员国宪法中的人权问题。该研究基于不止一种科学方法来验证假设;它使用了描述、分析和法律的方法。这项研究得出了几个结论,其中一个结论是,在强调人权方面,GCCC国家的宪法条款的内容并不缺乏。然而,现实中的实践与理论文本是不同的。最后,这项研究提出了几项建议,包括:需要修改海湾合作委员会国家的宪法,以便在新的宪法中明确承诺尊重人权,将人权概念纳入课程,以及利用一切手段,特别是媒体,在海湾合作委员会国家传播人权文化。
{"title":"Human Rights in the Constitutions of the Gulf Cooperation Council Countries (GCCC): Texts and Realities","authors":"Samid A. Darawsheh","doi":"10.4236/blr.2020.112032","DOIUrl":"https://doi.org/10.4236/blr.2020.112032","url":null,"abstract":"This study addressed \u0000the issue of human rights in the constitutions of the Gulf Cooperation Council \u0000Countries (GCCC) by identifying human rights concept, development, and tracing \u0000the state of human rights within the GCCC countries through constitutional \u0000texts and practical application. The study is based on more than one scientific \u0000method to verify the hypothesis; it used the descriptive, analytical, and legal \u0000approaches. The study reached several conclusions, one being that there is no \u0000shortage in the contents of the constitutional provisions of the (GCCC) \u0000countries in terms of emphasis on human rights. However, practice in reality is \u0000different from theoretical texts. In the end, the study came up with several \u0000recommendations, including: the need for constitutional amendments in the \u0000constitutions of the Gulf Cooperation Council Countries (GCCC) so that the new \u0000texts include clear commitments to respect human rights, the inclusion of human \u0000rights concepts in the curriculum, and the use of all means, the media in \u0000particular, to spread the culture of human rights in the (GCCC).","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132017417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
期刊
Beijing Law Review
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1