ILO standards and compensation for employment injuries in Nigeria

In 2010, Nigeria enacted the Employees’ Compensation Act (ECA) to provide compensation for employment injuries. This work assesses the Act with a view to evaluate the extent of Nigeria’s compliance with the social security minimum standards of compensation for employment injuries set by the International Labour Organisation (ILO). It finds that whilst the ECA 2010 is in substantial conformity with ILO standards, there are core challenges of applicability, adaptability and administration. The work recommends that progressive realisation of the standards and process consideration is imperative for realistic attainment of the philosophy of a compensation scheme for employment injuries in Nigeria.     

Trade Unions, Human Rights and the BNP

The Trade Union and Labour Relations (Consolidation) Act 1992,section 174, bars trade unions from (amongst other things) excludingor expelling individuals on grounds of their membership of apolitical party. An issue has arisen about whether trade unionscan exclude or expel individuals who are members of the BritishNational Party (BNP). This article questions whether the currentrestrictions are consistent with international treaties ratifiedby the UK, and considers the human rights claims of the tradeunion and the ‘unwanted’ individuals.     

论国际法规范的位阶

条约法公约首次在国际法上规定了强行法概念。国际法学者以强行法、对一切义务、国际罪行等的出现为根据,提出了位阶理论,主张国际法规范已经产生类似于国内法的"规范等级"。在实践中,位阶理论在确定国际法等级以及效力层次上的作用也极为有限。国际法院的判决在某种程度上仅仅是指明某些义务具有基础性,而并不能证明强行法规范具有高于一般规范的效力。尽管如此,位阶理论的提出仍使特定国际法规范的效力在某种程度上超出"同意",也在某种程度上解决了条约义务与国际社会根本义务相冲突的情形。     

The International Crimes Tribunal in Bangladesh and International Law

The International Crimes Tribunal in Bangladesh was re-established in 2010 in order to hold the perpetrators of the 1971 War accountable for international crimes; namely, war crimes, crimes against humanity and genocide. The Trial has already begum to operate and has been dealing with various challenges. The basis of the trial proceedings is the International Crimes (Tribunal) Act 1973. The Parliament of Bangladesh enacted the Act in accordance with international law shortly after the War. This paper assesses the key legal issues that arise from the context of the 1973 Act, and will provide a reflection on trial proceedings in light of international law. It concludes that any initiatives to address the impunity of perpetrators and offer redress to the victims of gross human rights violations should be applauded, while any trial proceedings that do not follow appropriate standards for a fair trial and offer the right of due process should be deprecated.     

International Law-Making in the Field of Sustainable Development:The Unequal Competition Between Development and the Environment

Since 1992, the tension between environmental and developmental concerns has been a central element in the international law-making process which has resulted in the adoption of various treaties and international instruments in the field of sustainable development. These instruments show that reconciliation between environment and development has not been easy to achieve. The balance seems to tip in favour of the protection of the environment. This paper explores how some of the "well-established" principles and concepts of international environmental law, as well as some new developments in this field, may have contributed to the tendency of excluding conditionality and equitable considerations from the elaboration and application of an increasing number of obligations taken by States in the field of environmental protection. It is contended here that environmental protection has developed to a certain extent at the expense of international economic law relating to development. This has been an incidental consequence of, at least, three elements: the movement toward more participation of transnational civil society in the international environmental law-making process; the use of a rights and duties language which helps to mask the developmental aspects sometimes involved in the prevention of environmental damage; and, the attractiveness of the establishment of a right to a healthy environmental.     

论促进和保护受教育权的国际标准

从现有国际人权法渊源中确立促进和保护受教育权的国际标准可谓构成国际人权法的新发展 ,而从国际人权上对受教育权作出识别是确定上述标准的前提。本文根据有关受教育权的主要国际文件的统一化进程并结合国际社会的实践将受教育权归类为基本教育权、初等教育权、中等教育权、高等教育权和教育选择权 ,并依据一系列国际文件对世界各国促进和保护受教育权的义务性安排建立起国际社会促进和保护各类受教育权的国际标准模型 ,同时揭示了上述国际标准模型在适用过程中的特性。     

义务先定论与国际法

国际法的实施一直以来都是国际社会中的难题,而且,只要"国际"社会存在,这个问题可能会一直存在下去。对于解决这个问题,人类没有任何外界因素可以依赖。把义务先定论引入国际法律秩序中来,要求各国家在国际实践中自我克制、履行国际义务,则是一个切实有效的解决途径。     

国家与国际刑事法院的国际合作与司法协助义务述评

国际刑事法院是否成功的关键取决于《罗马规约》的缔约国和国际社会与之真诚的国际合作与司法协助。反之 ,国家也应根据国际法的基本原则善意履行其自愿承担的义务 ,向国际刑事法院提供国际合作与司法协助。本文通过阐述《罗马规约》有关国家与国际刑事法院的国际合作与司法协助方面的实体性和程序性规定 ,说明国家在国际刑事法院调查、起诉和惩治国际社会关注的最严重的国际犯罪中的作用和义务     

国际法上的大国问题

大国问题是国际法实践中的一个老问题。近年来,国际关系民主化与国际法治成为日益重要的国际议程,一批新兴大国也正在崛起,这些新发展既为处理大国问题提供了历史机遇,也使得处理这一问题变得更为复杂,具有鲜明的时代特点。大国问题涉及大国拥有与作为国际法基础的主权平等原则相冲突的法律特权,但法律特权并非是导致大国问题的惟一原因;被赋予法律特权的大国应当承担特殊的法律义务,但获得法律特权并非是大国承担特殊义务,包括特殊法律义务的惟一依据。为了有效约束大国的行动,国际社会一方面应当限制大国可以获得的特权、强化大国应当承担的特殊义务尤其法律义务,另一方面应当寻求建立监督大国依法善意行使特权、履行义务的程序法机制。     

日本国际私法现代化的最新进展——从《法例》到《法律适用通则法》

《法律适用通则法》是日本为实现其国际私法立法现代化的目标而对《法例》进行修订的结果。《通则法》对《法例》的修订,不仅体现在立法名称和法律语言的现代化上,更体现在法律适用规则的现代化上。在法律适用方面,《通则法》主要对行为能力、后见开始的审判、失踪宣告、合同、侵权、无因管理、不当得利益以及债权转让等领域的法律适用规则进行了完善。《通则法》的制定对我国国际私法立法的完善有一定借鉴作用。     

International Crimes and ICC Cooperation in England and Wales

The United Kingdom, as a party to the ICC Statute, has broughtin a series of similar pieces of legislation in order to fulfilits obligations under the Statute, and to ensure that crimessubject to the jurisdiction of the ICC are also crimes in domesticlaw. This article concentrates on the International CriminalCourt Act 2001, which applies in England and Wales, to appraisewhether it adequately provides for assistance to the ICC, andwhether the crimes subject to the ICC's jurisdiction are adequatelyincorporated into domestic law. The article also mentions thepossible role of the common law of England and Wales in relationto international crimes. It concludes that, for the most part,the Act reflects a sensible approach to issues involved in assistingthe ICC and provides a workable basis for the prosecution ofinternational crimes in that jurisdiction.     

国际私法中强制性规范的界定——兼评《关于适用<涉外民事关系法律适用法>若干问题的解释(一)》第10条

《涉外民事关系法律适用法》第4条于我国国际私法中首次明确规定我国法律的强制性规定应予直接适用。作为多边选法体系的例外,强制性规范理论在适用中最核心的问题之一,是识别哪些规范属于需要直接适用的国际强制性规范。国际私法中的强制性规范仅指国际强制性规范。比较法上提出界定国际强制性规范的客观标准和主观标准,随之产生仅采客观标准和兼采主客观标准两种立法模式。《关于适用<涉外民事关系法律适用法>若干问题的解释(一)》第10条对何为我国法律的强制性规定进行了定义,并以不完全列举的方式来解决可操作性问题,但在理论和实践方面仍存在缺失。     

Share Capital and Creditor Protection: Efficient Rules for a Modern Company Law

This article examines the case for rules of company law which regulate the raising and maintenance of share capital by companies. The enquiry has practical relevance because the content of company law is currently under review, and the rules relating to share capital have been singled out for particular attention. The existing rules, which apply generally, are commonly rationalised as a means of protecting corporate creditors. The analysis considers whether such rules can be understood as responses to failures in the markets for corporate credit. It suggests that whilst the current rules are unlikely, on the whole, to be justified in terms of efficiency, a case may be made for a framework within which companies may 'opt in' to customised restrictions on dealings in their share capital.     

Regulating forced labour and combating human trafficking: the relevance of historical definitions in a contemporary perspective

Forced labour has been regulated since 1930 on the basis of the ILO Convention on Forced Labour, and since 1957 on the basis of the ILO Abolition of Forced Labour Convention. In 2000 forced labour was included as one form of exploitation covered by the UN Trafficking Protocol, which situated trafficking into a context of transnational organised crime. In 2014 the ILO adopted a Protocol on Forced Labour, making a link between trafficking and forced labour. The aim of this article is to explore how forced labour came to be regulated and defined in these four treaties. The 1930 ILO Convention came about in a specific historical and political context, yet the 1930 definition remains in use even though the interpretation of forced labour, particularly as it relates to trafficking, has changed. This article focuses on the issue of trafficking for the purpose of forced labour within the context of migration and labour exploitation, and discusses the relevance of historical definitions of forced labour in the current discourse that sees human trafficking mainly as a security threat. It argues that a rigid interpretation of forced labour is not always useful in understanding forms of labour exploitation, at least in a contemporary European migratory perspective. The article calls for a broad interpretation of forced labour, which takes into account also subtle forms of control and coercion.     

Judicial Control of the CAC

This article both analyses the courts' decisions on applicationsfor judicial review of CAC determinations under the trade unionrecognition procedure in Schedule A1 to the Trade Union andLabour Relations (Consolidation) Act 1992 from 2000 to 2006and compares this body of case law with the courts' decisionsin the late 1970s and early 1980s on applications for judicialreview of both decisions of ACAS under the recognition procedurein the Employment Protection Act 1975 and decisions of the CACunder various legislative provisions in that earlier period.It suggests that there is a marked difference in judicial approachand that this reflects a difference in the policies underlyingthe legislation of the two periods, with the more radical aimsof the earlier period attracting a less sympathetic and moreinterventionist judicial response than has been evident in relationto the Schedule A1 recognition procedure.     

试论国际私法的逻辑基础

国际私法的产生和存在,不是因为法律冲突这一社会现象,而是基于十四世纪产生的新型的国际社会关系。 同时,法律作为国家意志,是要约束人们的意识行为,而不是要解决某种客观的社会现象。因此,国际私法的目的和 任务不是要解决法律冲突,而是通过确定当事人的权利义务,建立和维护一个合理的国际民商事交往秩序。     

Accessibility to infrastructure and disability rights in Nigeria: an analysis of the potential of the discrimination against persons with disability (prohibition) act 2018

A viable way to establish a sense of inclusion for the physically challenged in Nigeria like elsewhere is to provide a sustainable infrastructural plan that integrates the utility concerns of the disabled. Overcoming the difficulties faced by people with disabilities requires interventions to remove environmental and social barriers. This paper examines the right of persons with disability to public vehicular and infrastructural use. It focuses on the recently enacted Discrimination against Persons with Disability (Prohibition) Act, 2018 as well as other international human rights instruments from which Nigeria derives her international obligations. It is observed that the Nigerian society is still unfriendly to the disabled as public infrastructure is constructed without considerations for the disabled.     

国际刑法的国内立法研究

在国内刑法中确认和体现国际刑法规范是缔约国应尽的国际义务,也是有效打击国际犯罪的需要。国际刑法公约中有关国际犯罪的实体法规定、程序和证据规则的规定、刑事合作的规定、预防性措施的规定等,应当成为国内立法体现国际刑法规范的主要内容。在中国,国内立法确认和体现国际刑法公约的主要途径有制定单行刑事法律、修改补充现有法律条款、立法解释和司法解释等。     

Finger in the Dyke or the Floodgates Stemmed? Sections 29–40 of the Employment Act 2002

This article considers Sections 29–40 of the Employment Act 2002 in the context of post-War developments in labour relations culminating in the National Industrial Relations Court. It considers the development of Employment Tribunal which rather than being the last resort intended by the legislators, has become the first resort of complainants, often for trivial matters by employees; or by employers taking an extremely broad view of Gross Misconduct by employees. Due to the volume of cases and the shortage of Chairs, cases are constantly delayed and postponed. The article posits that these are the principle reason behind the framing of Sections 29–40 of the Employment Act 2002 which introduced a new Section 9(1)(a) into the Employment Tribunals Act 1995. This has given the Chair of an Employment Tribunal the authority to strike out a weak case at a Pre-Hearing Review that will strike the case out once and for all at this juncture. The aim is to encourage employers to have proper procedures and for employees to follow them. This article suggests that in fact the reforms will have the opposite effect; that they have introduced another layer of legal complexity which will further increase the number of cases brought before the Employment Tribunal.     

Limited Liability: Large Company Theory and Small Firms

Current enthusiasm for the 'enterprise culture' results in strong support for easy access to limited liability forms of business organisation. This has manifested itself in the creation of new limited liability vehicles such as the LLC and the LLP. The UK Company Law Review is examining ways of enhancing the attractiveness of the limited liability company to small business owners. This article examines the claims made for the 'efficiency' of limited liability and the applicability of these claims to small firms. It raises the importance of taking into account public policy issues beyond economic efficiency when considering the degree of risk taking and shifting to be encouraged. The article concludes that, although it is difficult to find rational methods of restricting access to limited liability, it does not follow that limited liability should be positively encouraged for all small firms. It is important to signal the limitations of limited liability.