20092 research outputs found
Sort by
Technology and Labour: Algorithmic Management, Platform Economy and the Law (with Prof. Valerio De Stefano)
No full textMentioned/quoted: Valerio De Stefan
Multi-Disciplinary Legal Problem Resolution: Selected Annotated Bibliography
Get PDFThere is a growing body of research and scholarship on medical-legal partnerships, social work-legal services partnerships, and other models for multi-disciplinary legal problem resolution. The goal of this selected annotated bibliography is to gather in one place examples of some of these models, and the research questions that are being explored in this area. This document is not intended to be exhaustive. In some jurisdictions, multi-disciplinary models that facilitate legal problem resolution have been part of the legal landscape for several decades; in other jurisdictions they are newer, growing in number in recent years. This document provides insights into published materials and sources of further information on different models for multi-disciplinary legal problem resolution, how they developed, the challenges they face, and the benefits they offer predominantly low-income and vulnerable populations with complex problems. This selected annotated bibliography includes an overview of publications and resources on multi-disciplinary models from several jurisdictions, including Canada, Australia, the United States and the United Kingdom
The EU, Competition Law and Workers Rights
No full textThis paper delves into the ways in which EU competition law affects the right of workers to organize and combine with each other and act, collectively, in the furtherance of their rights and interests at work, in particular by means of collective agreements concluded with one or more employers. It begins by opposing the limited ‘labour exemption’ contained in the recent competition caselaw and contrasts that with a more traditional ‘labour law’ approach, that would typically see collective bargaining as a fundamental, and universal, labour rights to be enjoyed by all workers, or in the alternative will have to integrate the asymmetry of bargaining power between labour and digital monopsonies. We put forward a more nuanced and balanced approach, by reference to the concept of ‘predominantly personal work’, that could act as the new watershed concept around which labour rights and competition law could define their respective fields of operation and which may already inspire the recent Commission’s proposals enabling self-employed without employees (“solo self-employed”) to access the right to bargain collectively on a number of issues with digital platforms
Indebted Impunity and Violence in a Lesser State: Ethno-Racial Capitalism in Sri Lanka
No full textThis article examines the relationship between colonialism, capitalism, and violence in Sri Lanka through the combined lenses of international economic law (IEL) and transitional justice. We argue that colonialism instantiates vicious cycles in the histories of violence of ethno-racial capitalism through the creation of states with debts that can never be repaid. This system of ‘indebted impunity’ persists even under ‘new’ Southern sovereigns. We illustrate how IEL and transitional justice are co-constitutive in maintaining international law’s racial hierarchies, while pursuing the construction of racial hierarchies that precipitate ethno-racial capitalist formations, and violence, in Sri Lanka. We first attend to the emergence of international law with racial capitalism as a story of sustained violence, where offshoots like IEL and transitional justice remain tied to the foundational violence in ways that cannot be reformed away. The final section examines the colonial transformation of Sri Lanka, focusing on the British Empire’s role in configuring ethno-racial communities, to consider how IEL and transitional justice work together to maintain this cycle. We observe that indebted impunity persists as a structural condition even when the ‘white’ colonial masters have formally departed, and ‘brown’ differentially racialized compatriots become the ones in charge
What Does It Mean to ‘Act Charitably\u27? Revisiting the Purposes and Activities Distinction in Charity Law
No full textThis chapter’s ambition is to deepen understanding of the distinction and its implications for charity law generally and the public benefit standard specifically. Section 1.2 briefly reviews the distinction between means (activities) and ends (purposes) in charity law, acknowledging that the distinction can be difficult to draw. Section 1.3 frames the common law of charity as ‘purpose-centric’ and sketches the implications of this orientation for the differentiated treatment of purposes and activities. Section 1.4 identifies the policy advantages of charity law’s differentiated approach to characterising purposes and activities as charitable or non-charitable. Section 1.5 identifies the regulatory challenges of charity law’s differentiated approach to purposes and activities. Section 1.6 considers whether regulating the activities of charities beyond merely requiring that they further charitable purposes is incompatible with the traditional enabling posture of charity law. And Section 1.7 sketches the implications of this study for the future treatment of the purposes–activities distinction in charity law
Exploring the Multiple Paradoxes and Challenges of Uganda\u27s Refugee Law, Policies and Practice
Get PDFUganda has garnered considerable international praise for its ‘open-door’ policies on refugees. This is particularly the case against the backdrop of a global context of the growing phenomenon of states constructing physical and metaphorical walls against the phenomenon of migration, whether forced or voluntary. Nevertheless, such praise conceals a much more complex context of opportunistic strategizing, donor politics and regional geopolitical balancing. In sum, what is lauded as ‘progressive’ is much more problematic and nuanced, especially with respect to the issue of local integration (particularly for long-term refugees), voluntary repatriation and the management and funding of refugee support
Freedom of Peaceful Assembly and Section 2(c) of the Charter: Report for the Public Order Emergency Commission
Get PDFThose who participated in the 2022 protest convoy were exercising their rights under the Canadian Charter of Rights and Freedoms when the federal government declared an emergency, creating a large secure zone and dispersing the truckers’ demonstration. These rights, including and especially freedom of peaceful assembly, form the backdrop to consideration of the federal government’s decision to declare an emergency under the Emergencies Act and enact regulations for bringing the demonstrations to an end.
Though it is one of the Charter’s fundamental freedoms, s.2(c)’s freedom of peaceful assembly received little or no attention in the first 40 years of Charter interpretation and jurisprudence. The circumstances of the protect convoy and its dispersal under the Emergencies Act bring s.2(c) into the spotlight and call for a discussion of the guarantee.
This background paper was commissioned and prepared for the Public Order Emergency Commission. Its purpose was to propose a conception of peaceful assembly under the Charter that could guide and inform the work of the POE Commission. Specifically, the paper examines s.2(c)’s underlying values and purposes to create a foundation for peaceful assembly. In addition, it considers how s.2(c) should be interpreted, proposing a definition of peaceful assembly and standard of breach. Finally, it considers justifiable limits on assembly under s.1 of the Charter, identifying principles that guide the determination of reasonable limits. In developing this proposal, the analysis relies on the Charter jurisprudence, and draws additionally on other sources, including the First Amendment of the US Constitution, and international human rights guarantees
Constitution-Making under UN Auspices: Fostering Dependency in Sovereign Lands by Vijayashri Sripati
Get PDFThis book is a groundbreaking study of United Nations Constitutional Assistance (UNCA), that is, constitution making in nominally sovereign states, carried out under the auspices of the United Nations (UN) in the guise of technical assistance. The book is of interest to scholars in various fields, from those engaged directly in the emerging field of international constitutional law to those with a general interest in globalization, peace building, and the international institutions that give structure to international governance
The Class Actions Controversy: The Origins and Development of the Ontario Class Proceedings Act by Suzanne Chiodo
Get PDFThe enactment of class proceedings legislation revolutionized civil procedure in Ontario by providing citizens with a mechanism that both increased access to justice and served as a powerful deterrent against wrongdoing. Suzanne Chiodo’s book, The Class Actions Controversy: The Origins and Development of the Ontario Class Proceedings Act, provides an in-depth exploration of the history of the legislation and the social and political forces that influenced it
Designing an Equitable Border Carbon Adjustment Mechanism
Get PDFPolicy makers worldwide have increasingly considered the adoption of a carbon adjustment at the border to equalize carbon pricing on foreign goods with carbon policies imposed on domestic production. The implementation of a border carbon adjustment (BCA) in the European Union has been recently proposed by the European Commission, followed by similar plans in the United States and Canada, as an instrument designed to address concerns about competitiveness and emissions leakage resulting from the absence of a global price on carbon or an internationally coordinated carbon-pricing system. Despite its potential to address these issues, the implementation of a BCA raises concerns with respect to its impact on developing countries. A BCA will likely impose a disproportionate burden on developing countries with limited capacity to cut back emissions and thus violate the principle of common but differentiated responsibilities (CBDR) established in the United Nations Framework Convention on Climate Change. The main goal of this article is to examine CBDR’s normative requirements and determine its legal implications for BCA design. The article further offers policy guidelines for implementing a CBDR-compliant BCA that addresses its ultimate purpose of reducing global greenhouse gas emissions while also supporting the development needs of less affluent countries