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Introductory essay to the special issue: Mediation in contemporary China: Continuity and change
No full textIntroductory essay to a special issue of Journal of Comparative Law by FU Hualing (Faculty of Law, University of Hong Kong) and Michael Palmer (School of Law & the China Institute, SOAS and IALS, University of London). The authors describe the purpose of the special issue to introduce readers to some of the key developments now taking place in mediation as a form of dispute resolution in China, a society in which mediation has long been a central processual and ideological feature of its legal culture
The autonomous interpretation method in international law with particular reference to the proposed European Sales Law II
Get PDFThe proposed Common European Sales Law (CESL, COM (2011) 635 final) expressly includes an “autonomous” interpretation standard. The interpretation method is included in three places in the instrument: in the Preamble, Recital 29, the Regulation itself, Article 11, and in the actual sales law, Annex I, Article 4. The term autonomous is used in the Preamble and the Annex I. An autonomous interpretation standard is considered desirable in legal scholarship for the application of international instruments, both in private and public international law. The introduction of this standard in CESL could therefore be an important advancement for the theory and practice of international law. In the following, it will be analysed how this interpretation standard can be defined, how it has evolved in the context of existing international law instruments and what the standard is that CESL legislates
Making Working Women Visible in the 1950s Italian Labour Conflict. The Case of the Ducati Factory
No full textTheories of change for human rights and for development
No full textFew human rights agencies work with an explicit theory of change. It is much more common for agencies to have an implicit, partially formed theory of change. Eyben et al. (2008, 202–3) place an ‘archetypes framework’ in this category – change is implicitly thought to come about through some takenfor-granted conventional wisdom (enlightened elites, new laws, people in the streets, a good example, a shock to the system, etc.). The objective of this chapter is to explore what might be gained by bringing these implicit, partially formed theories of change to light within human rights practice
Why tax is a human rights issue: empowering communities living in poverty to hold governments to account for public services
No full textSitting on the floor the villagers are drawing a map of their area. They’re marking all the essential services they use, including those that are provided by the government and those that are private. The community map they’re creating has little on it. There is no public school, nor public health clinic. The water borehole they use was built by an NGO. As the women and men discuss, the sense of the government as a provider of public services is almost nonexistent. The access to the local government with the power to make decisions is a district official, in the nearest district town, which is a long distance
Transnational business human rights regulations and their effects upon human rights protection
No full textContemporary corporate-related human rights abuses are often attributed to the processes of neo-liberal globalisation. Pressures upon nations to compete in the global marketplace, upon suppliers to produce ever-cheaper and everfaster, upon workers to accept more precarious terms of employment and upon communities to give up land and natural resources, all in the pursuit of economic growth have unveiled examples of the darker side of business operations within the global economy. Whereas this side was more hidden and less susceptible to resistance in a different era, transnational activism in this age – with the aid of new forms of communication technology and media – has enabled greater public awareness of this miscreant behaviour and the ensuing injustices
The Turn of the Offended: Clientelism in the Wake of El Salvador’s 2009 Elections
No full textDrawing on fieldwork in a Salvadoran municipio during and after the 2009 presidential elections, this article explores how the affective dynamics involved in elections and routine politics might inform us about the conditions of possibility for specific political imaginaries. Passions ran high among ordinary Salvadorans on both the left and right, as allusions to wartime unsettled political divisions and offences. For many disaffected Salvadorans, the victory of the Farabundo Martí National Liberation Front—a former guerrilla organization—opened up a political horizon previously foreclosed during the post-war era. I show how ordinary Salvadorans’ post-election engagement with state officials and FMLN party leaders through clientelist practices evidenced their desire for qualitative state transformation, as well as the extent to which they conceive of themselves as citizens through the state
Intertextuality and/in Cadiot
Get PDFIt is a measure of Olivier Cadiot's current standing in the French literary landscape that an increasing number of young scholars are discussing his work in their doctoral theses.1 Moreover, those working in the emerging field of ‘Cadiot studies’, well versed in literary theory, appear to be most interested in digging out hidden references that form part of inter- as well as intra-textual networks. Yet despite much excellent fine-grained analysis of the mechanics of Cadiot's writing, not enough has been made of the fact that the poet cum novelist cum playwright titillates, plays with and frustrates his reader in each of his works by referring to others
Comparative Interpretation Standards in Uniform International Law
Get PDFIn this chapter, the author offers a horizontal comparison of interpretation standards contained in international legal instruments of different origin. These legal instruments range from international treaties to model laws. They also originate from different law makers such as the United Nations or individual states as well as trade or academic organisations, mainly regulating civil and commercial matters. The author argues that this comparison can provide the basis for the development of a uniform standard in the application of such law, which is often referred to as uniform law because it provides a single source of law to regulate a multitude of situations spanning across national boundaries. The main point of reference is the 1969 Vienna Convention on the Law of Treaties, also known as the VCLT. This UN treaty specifically provides a general interpretation standard. From there newer standards occurring in subsequent uniform laws can be integrated using the lex specialis doctrine. This, in turn, provides opportunities for comprehensive usable methods to be developed for uniform law both in a public and private law settings. These then facilitate transparency, fairness and reasonableness. The correct identification of object and purposes of any given instrument is crucial for the successful interpretation of its content. It is this point that needs further research, and this chapter offers a starting point by providing some detailed examples from a range of uniform laws of varying nature including international sales laws, arbitration laws and Double Taxation Conventions