Suchergebnisse

The purpose of this chapter is survey EU migration and asylum law from a labour law perspective. A labour law perspective is concerned with the work relationship, and focuses not only on the worker, but also the employing organisation and any intermediary involved in labour supply. Examining EU migration and asylum law using this multifaceted prism of labour law reveals that EU migration and asylum law has a profound impact on labour law. That impact may be understood has having three different dimensions. (1) It affects the supply and demand for migrant workers. In this sense, migration law can be a form of labour market regulation. (2) migration and asylum law create different migration statuses that in turn determine, at least in part, labour rights. The move to re-introduce status over contract as a determinant of workers' rights divides the subjects of labour law. (3) Migration status and the fact of migration may be risk factors for labour exploitation. In order to examine these three facets, the particular role of the EU in this field must be explained. Part 1 provides a sketch of the role of states and markets in the regulation of migration. It sets the scene to understand the profound but limited role of the EU in this context. Part 2 examines the status of EU Citizenship, and the forms of liberalised free movement in the EU's internal market, that principally benefit those who hold the nationality of an EU Member State. I also consider two important derivative statuses for so-called third country nationals (TCNs), who gain EU rights as family members of EU Citizens and so-called 'posted workers'. Part 3 concerns those TCNs who require permission to live and work in the EU, and provides an overview of some of the different statuses created by EU law, and their labour rights content. Part 4 explores the notion of 'irregular status', and the EU Employer Sanctions Directive and the ruling of the Court of Justice of the European Union (CJEU) in Tümer contrasted. In the final part, Part 6, I briefly ...

Following the judgments of the International Court of Justice on November 20, 1950 and November 27, 1950 (the request for an interpretation of the judgment), the government of Colombia filed a new claim requesting the Court to adjudge and declare the manner in which effect should be given to the judgment of November 20, and in particular whether Colombia was bound to deliver to the government of Peru Víctor Raúl Haya de la Torre. As an alternative claim Colombia requested that the Court declare whether in accordance with the law in force between the parties and particularly American international law Colombia was or was not bound to deliver the refugee to the government of Peru. In a letter the Colombian agent informed the Court that his government relied on the Convention on Asylum signed at Havana on February 29, 1928; under Article 63 of the Statute of the Court, the government of Cuba as a signatory to that convention submitted a declaration of intervention which contained Cuba's views on the construction of the Convention of Havana of 1928 as well as its general attitude on asylum. A public hearing was held by the Court on May 15 to determine the admissibility of the Cuban intervention to which the government of Peru had objected on the ground that the Court had given a judgment on the construction of the Havana Convention of 1928, and that it was an attempt by a third state to appeal against the judgment of November 20.

John Rawls's theory of global justice in The Law of Peoples (1999) is critiqued & extended along the lines of the Kantian constructivist procedures that Rawls employed in earlier works. Rawls's thin statist conception of the legitimate divisions between peoples is characterized. The unsatisfactory basic assumptions he uses for his four arguments supporting thin statism -- incorporation, toleration, cohesion, & realism -- are rebutted & replaced with nonstatist arguments along the lines of political liberalism. These support a more plural nesting of political structure instead of Rawls's system of nation-states with limited sovereignty, & the right to full free speech & democracy at the global level. M. Pflum

Abstract
Summary
The people of Ukraine are right now fighting for their right to self-determination, for their European choice. The European integration is a part of the foreign policy and national identity of many European countries, among which is Ukraine. According to Academician Yu. S. Shemshuchenko, the norms of the Constitution of Ukraine are the political and legal basis for the implementation of the foreign policy, which based on its national interests and domestic policy, widely recognized principles and norms of international law. As stated by the political leadership of the Russian Federation (hereinafter referred to as the RF, Russia), the goals of its army's invasion into Ukraine are demilitarization and "denazification". This fact confirms the denial and active opposition by a nuclear state of the national identity of the Ukrainian people, as well as an option for own choice of the independent path. As the reality has demonstrated, the right of a people to self-determination is not always fully implemented as a result of their acquisition of their statehood and territory within internationally recognized borders. States that systematically violate human rights are the most prone to aggression. Thus, aggression against other countries turns into another round of the infringement of the rights of citizens of the aggressor state. The essence of the international legal personality of the state is the people. The identity of the legal personality of the state, regardless of its current (last official) name and various circumstances that have taken place during the entire period of its existence (occupations, annexations, etc.), follows from the continuity of the people located on the territory of its historical residence. As a consequence, the legal personality of the Baltic states after liberation from the Soviet occupation is based on the continuity of their peoples.

The essays in this annual forum for new philosophical work on law range widely over general jurisprudence (the nature of law adjudication, and legal reasoning), philosophical foundations of specific areas of law (from criminal to international law), and other philosophical topics relating to legal theory

Abstract
Beyond the verification of legal indeterminacy, international law plays a crucial epistemic role in global governance. It provides cognitive categories that, organized in narratives, help constitute the "reality" in which law performs its distributive function. In fulfilling that epistemic function, international law breaches the gap between description and normativity, stabilizing particular images of reality with work-creating implications.