Casualisation and international labour standards： The role of trade unions in Nigeria

Casualisation is a new form of work arrangement occasioned by globalisation and trade liberalisation. This development was facilitated by the technological improvements in communication and information technology. Scholars have attributed the shift from standard work arrangements to nonstandard work arrangements to the fact that employers use it to avoid the mandates and costs associated with labour laws which are designed to protect permanent employees. Casualisation became a feature of Nigerian labour market in the late 1980＇s and is traceable to the adoption of the Structural Adjustment Programme in line with the neoliberal policies prescribed by the International Monetary Fund and the World Bank. One of the effects of this policy was the retrenchment of workers in the public sector which created large scale unemployment. However, the private sector which was to be strengthened by government policies to absorb these workers could not absorb all the retrenched workers from the public sector. Therefore, many of them were employed as casual and contract workers with low remuneration, limited benefits and lack of right to organise. This development led to a ＇race to the bottom＇ of labour standards. This paper seeks to examine the adequacy of labour laws governing trade unionism in Nigeria in ensuring the right of nonstandard workers to freedom of association, as well as their conformity to international labour standards. It is argued that Nigerian labour laws are inadequate and need to be reformed in order to give protection to casual and contract workers in many sectors of the economy and to guarantee their right to unionise in order to enable them improve their rights at works.     

EGYPT＇S PUBLIC PROTEST LAW 2013： A BOOST TO FREEDOM OR A FURTHER RESTRICTION？

On November 24, 2013, Egypt＇s signed into law - the Public Protest interim President Adly Mansour Law after it was proposed by the interim government, and soon it became the main concern in Egypt due to claim that after the ousting of President Mohamed Morsi and of the Muslim Brotherhood, the country is currently ruled by a military-backed government that seeks to restrict freedom and rights in order to introduce a new authoritarian-military rule. The government promoted the law by arguing that it aims to maintain stability and security in Egypt＇s streets and that it only targets factional protest movements and saboteurs. Nevertheless, the law has been widely criticized by human rights groups as well as rights and political activists who say it restricts freedom of speech and that it is an attempt to completely ban the right to protest, not to regulate it as the government claims.     

The expression of cultural and religious practice： A constitutional test

Various conventions and national constitutions are differently worded and the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. Different approaches adopted in the different national jurisdictions arise not only from different textual provisions and from different historical circumstances, but also from different jurisprudential and philosophical understanding of equality. The jurisprudence of courts makes clear that the proper reach of the equality right must be determined by reference to the society＇s history and the underlying values of the Constitution. It has been observed that a major constitutional object is the creation of a non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a concept of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact. The question is, how does the state, in limiting religious freedom, conform to the standards of an open and democratic society based on human dignity, equality and freedom？ The hope is that the conclusion of this paper will then be able to be extended to more controversial cases, in particular, involving limits on the right to freedom of expression, culture and belief.     

THE ACT OF THE PEOPLE＇S REPUBLIC OF CHINA ADDRESSING CLIMATE CHANGE （ THE DRAFT PROPOSAL） I. THE INTERPRETATION OF THE PEOPLE＇S REPUBLIC OF CHINA＇S ACTIONS ADDRESSING CLIMATE CHANGE

I. The Necessity of Legislation. -- As the largest developing country, China has the most greenhouse gas emissions in the world. Therefore, the world, including America, pays close attention to China＇s policies regarding the control of greenhouse gas emissions. Considering the continuous growth of global warming, China＇s policies for controlling greenhouse gas emissions should be consistent and ruled by law. So it is necessary to enhance the establishment of laws and systems for standardizing settlement.     

The Niqab in Canada： Is it a charter right？

Although religious beliefs and practices came under Constitutional protection in 1982 by section 2（a） of the Canadian Charter of Rights and Freedoms, the struggle to define what constitutes freedom of religion continues. Currently freedom of religion from the court＇s perspective is a right to be protected as long as its expression does not bring harm or discrimination to others. This definition is one that the courts have already applied to several other different rights. It is a position that while ostensibly static is capable of fluid change as society changes over time. To set in stone how far a freedom may extend is to deny the fact that society does and will continue to change. Views on what constitutes religious beliefs are fluid and a requirement on the extension of protection to those beliefs and actions is argued could hamper the development of multiculturalism.     

THE EXCLUSION OR INCLUSION OF SELOBEDU LANGUAGE FROM SOUTH AFRICAN CONSTITUTION AS AN OFFICIAL LANGUAGE： A COMPARATIVE ANALYSIS

This paper demonstrates the challenges faced by the Commission for the promotion of Rights of Cultural, Religious and Linguistic Communities. This is one＇of the Chapter 9 institutions in the South African Constitution with a mandate to guard democracy. Languages play a crucial part in promoting and attaining the goals of building democracy and nation. It also protects and develops South African uniquely diverse culture. The use and development of languages is closely linked to the development of culture and identity. This paper also refers to other relevant Acts passed by the state which regulate culture and languages. This paper further endeavours to thoroughly scrutinise the relevant provisions of the South African Constitution which either expressly or impliedly refers to the use of languages, and further examines whether the exclusion of the Selobedu language an official language in the Constitution violates or triumph upon those rights. It further makes comparative study with other countries, especially with countries where the constitution stipulates the official languages of that country, and also differentiates between an official and national language.     

THE POLICE INVESTIGATOR＇S AUTHORITY TO ISSUE PROVISION LETTER OF INVESTIGATION CANCELLATION： ITS URGENCY IN THE PERSPECTIVE OF INDONESIAN CODE OF CRIMINAL PROCEDURE

According to integrated criminal justice system, Police is the gatekeeper of the Indonesian criminal justice system or the pioneer State＇s institution and agency in criminal law enforcement. Consequently, when public are disappointed with law enforcement, attention will firstly be directed to the police. Hence, according to the Direction of the Chief State＇s Police No. KEP/3 7/X/2008 concerning the Accelerated Program of the Indonesian Police Transformation towards independent, professional and accountable police, all levels of police structure are ordered to be able to change the paradigm of the police services as soon as possible. In addition to that, police investigators have published some letters of Investigation Cancellation Order （SP3） as it is a part of police＇ authority stipulated in the Code of Criminal Procedure （KUHAP） and the Law No. 2 Year 2002. However, there are still abundant of cases to solve. Consequently, there should be policy regulating the authority of investigators to issue Provision Letter of Investigation Cancellation （SKP2）. This modest article attempts to describe philosophical foundation of the urgency of police authority to issue SKP2 and the juridical implication covers the law enforcement effort, strenghthening the realization of duties and responsibility of the police investigators in settling cases and facilitating the effort to attain the goals of the law namely justice, usefulness, and legal certainty, as well as assisting to search and find the substantially truth by paying attention to the protection of human rights.     

INSTITUTIONAL CHALLENGES TO CHINA＇S INNOVATIVE CAPACITY BUILDING

After dynamic economic growth for more than 30 years, China has been increasingly pressured with the unsustainability of its extensive development model. Despite the remarkable economic growth and the party-state promotion, China is facing barriers for its economic upgrading with scientific and institutional innovation. In recent years, a series of policies and measures have been taken by the Party-State to promote country＇s innovative reorientation. However, implementation of these measures in practice is facing many institutional difficulties, which closely relate to the necessary political reform in order to liberalize people＇s creativity and entrepreneurship. The article will examine three major institutional challenges in this regard from legal perspective.＂ freedom of speech, a level playing field for free market competition, and research integrity. The author argues that the Party-State＇s support and promotion will be insufficient to build up a society with innovative capacity when the Party-State regime itself becomes an obstacle to such development. Success of China＇s innovative reorientation to a large extent depends on its political and institutional reform as well as a fair and equal competitive market system.     

DATA ANALYSIS OF PROFESSIONALIZATION OF LEGAL WORKERS IN CHINA

Since the reform and opening up, the legal profession in China has changed dramatically. In terms of both quantity and quality, the legal profession has stepped into a new phase. A tendency towards widespread litigation and more professionals.＂ judges, lawyers and law students, can be clearly evidenced. Along with the development of the legal profession, other types of legal workers including business arbitrators, grassroots paralegal service workers （grassroots paralegals）, and mediators have experienced great changes. To a certain extent, they have become more marginalized than before. The development of the legal profession is extremely unbalanced. Whether in terms of the number of lawyers or the income generated by lawyers, the inter-provincial gap in China is huge. The development of the legal profession also brings out the issue of judicial corruption. From the number of letters and visits related to lawsuits and the National People＇s Congress deputies ＇votes on the reports of the Supreme People＇s Court and the Supreme People＇s Procuratorate, the level of legal corruption can be noted. This＂ problem has become a crucial challenge to the reputation of the legal profession and the judicial creditability of the country. The same amount of attention should be paid to judicial corruption as to the quality of legal services.     

Limitation of religious freedom to conform to the standards of an open and democratic society

One has freedom of religion, not freedom from religion. This claim is common, but it rests on a misunderstanding of what real freedom of religion entails. The most important thing to remember is that freedom of religion, if it is going to apply to everyone, also requires freedom from religion. Why is that？ One does not truly have the freedom to practice one＇s religious belief if one is not also required to adhere to any of the religious beliefs or rules of other religious. Freedom from religion does not mean, as some mistakenly seem to claim, being free from seeing religion in society. No one has the right not to see churches, religious expression, and other examples of religious belief in the nation, and those who advocate freedom of religion do not claim otherwise. What freedom from religion does mean, however, is the freedom from rules and dogmas of other people＇s religious beliefs so that people can be free to follow the demands of their own conscience, whether they take a religious form or not. Thus they have both freedom of religion and freedom from religion because they are two sides of the same coin.     

On the social basis and legislative propositions of establishing non-marital cohabitation law of the PRC

Non-marital cohabitation is one kind of the ＂family＂ lifestyle which people independently choose. A harmonious society is that of sustainable development society which treats people as its center, and objectively, it requires respecting for people＇s right to choose their lifestyles independently. However, the social problems arising from non-marital cohabitation shouldn＇t be neglected. The laws should recognize the concerned parties＇ freedom to freely choose the lifestyle of non-marital cohabitation and also prevent such social problems which it possibly causes. The authors propose that the special legal system of non-marital cohabitation should be established, for the purpose of promptly preventing and solving the disputes which triggered by non-marital cohabitation, protecting the rights and interests of the concerned parties and their children, and hence promoting the construction of the harmonious society in China.     

Culture diversity and environmental protection

Just as human rights advocates have tended to place only civil and political rights onto their agendas, environmentalists have tended to focus primarily on natural resource preservation without addressing human impacts of environment abuse. As a result, victims of environment degradation are unprotected by the laws and mechanisms established to address human rights abuse. This paper will offer a brief comparative analysis of the United States＇ environment policy and a case of ASEAN implanting the concept of environmental right; discuss the traditional knowledge of indigenous population and its impact upon the environment protection; and at last recommend a model system used in China in linking cultural diversity and environmental right.     

AN OBSERVATION OF THE RUSSIAN POLITICAL HISTORY IN THE 20TH CENTURY： A NON- IDEOLOGICAL SYSTEM OF INTERPRETATION

Most of the foreign observers used to study Russia in the 20th century from the ideological point of view, praising or hating, no matter how they （claim） try to be non-ideological. But there is a big historical assumption： with or without ideology, would Russia have had a totally different path of development, or is there a unique path only for Russia？ What are the problems of Russia had to face and what is the right thing to make historical justice？ These questions become more and more urgent especially after the collapse of the Soviet Union when observers lost their ideological coordinate. This article tries to look ＂inside＂ Russia and ftnd out whether there is a historical discipline of the Russian path.     

STATE＇S CONTROL AND TENURE ARRANGEMENT OVER FIXED OBJECTS DUTCH CITIZENS PRIVATE PROPERTY FOR THE WELFARE OF THE PEOPLE： THE CASE OF INDONESIA

Indonesia had been colonized by Dutch Government for more than 300 years. Posterior to Indonesia independent proclamation on August 17, 1945 there was a number of State＇s legal problems found and one of them is the control and tenure arrangement of private property that left by Dutch citizens in the country of Indonesia. Specific purpose of the paper is to criticize the existence of Act Number 3 PRP Year 1960 regarding the Tenure Arrangements Fixed Objects Dutch Citizens Private Property that has reflected a sense of unjust, uncertainty and inexpedience for the greatest number of Indonesian people. It is because the Act of 1960 defines inconsistency between Article 4, paragraph （2） with general explanations Article 1 Government Regulation of the Republic of Indonesia Number 223 of 1961. It also set the terms of priorities to obtain fixed objects belonging to individual citizens Dutch not in accordance with the principle of equality before the law. Legal implications arising from control and tenure arrangements of objects and equipment owned by a Dutch individual are a problem that occurs in the received ground objects P3MB. To implement the control arrangements of objects and equipment owned by a Dutch individual that reflects a sense of fairness, certainty and benefit to society by applying the concept of 3 in 1 in the Land Acquisition： Acquisition of land objects P3MB for laws subject.     

WHY A COMMITMENT TO A RIGHT TO LIBERTY AND PROPERTY DOES NOT PRECLUDE REDISTRIBUTION THROUGH TAXATION AND WELFARE PROGRAMS： SCRUTINIZING NOZICK＇ S ENTITLEMENT THEORY OF JUSTICE

This paper critically examines Robert Nozick＇s theory of right and property with its corollary critique of redistributive taxation and welfare programs, as presented in his seminal book, Anarchy, State, and Utopia （hereinafter ASU）. In opposition to Nozick, this paper argues that a commitment to a right to liberty and property does not preclude, in and of itself, the acceptance of redistribution through taxation and welfare programs. Indeed, the thesis attempts to show that Nozick＇s ASU version of libertarianism itself requires, and is grounded in, a commitment to the value of welfare programs funded through redistributive taxation. More specifically, the paper contends that in accepting the Lockean proviso, with its concomitant egalitarian premises into his theory, and in making the plausibility of his argument rest on the proviso, Nozick has already infected his own libertarian views with just the same sort of redistributivism and welfarism he vehemently impugns. Consequently, the paper concludes that Nozick＇s contention against redistribution via taxation and welfare programs is ultimately self-refuting, if not hypocritical. The bulk of the paper will be devoted to showing why welfare liberals should not be intimidated or dismayed by Nozick＇s theory of property right. Rather, welfare liberals should regard Nozick as a theoretical ally, since Nozick＇s libertarian entitlement theory comes perilously close to transmogrifying into the ＂welfare state ＂.     

THE PROCEDURE OF PLEA BARGAINING IN ROMANIA A NEGOTIATION OR JUST A FORMAL INSTITUTION？ THE COMMON LAW SYSTEM

Entry into force of the law No. 202/2010 regarding some measures to accelerate the settlement of the process, already raises a number of problems of interpretation. According to the Explanatory Memorandum of Law 202/2010 states that： ＂Unlike the other laws, the law No. 202/2010 comes into Romanian legislative with the aim of speeding criminal proceedings as well as to prepare the implementation of the new codes, some of the regulations contained in future coding being found in this law.＂ In this respect, in the explanatory memorandum to the bill, it was noted that ＂from the major failures of justice in Romania, the harshest criticism was the lack of celerity in solving cases. ＂ As often judicial procedures prove to be heavy, formal, expensive and lengthy, it was recognized that judicial effectiveness of justice consists, largely, in the speed with which the rights and obligations enshrined in judgments are part of the juridical circuit, thus ensuring the stability of legal relations to be decided. The introduction of simplified procedure of admission of guilt in the Criminal Code, now in force, was justified in the explanatory memorandum, among others, by Article 6 paragraphs 3 letter d） of the European Convention which guarantees the defendant the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses under the same conditions as witnesses against him. This right has a relative character,＂ the defendant may give up his pursuit before an independent and impartial tribunal, and elect to be tried based on the evidence administrated in criminal prosecution. In this respect, the Strasbourg Court stipulated that the defendant has the opportunity to waive the right guaranteed by Article 6 paragraph 3 letters d） of the European Convention and, consequently, he cannot claim that this right was violated, if the sentencing court based its decision on the statement made during prosecution of a witness （anonymously） in whose defendant waived hear     

Foster children＇s right to family： A description and analysis of the legislative approach in Sweden

This paper emphasizes the foster children＇s right to family life and investigates whether change of custody and guardianship to foster parents is a successful option to achieve this right. Using CRC as the base for my definition of the right to family I will include the right to continuity, well-being and a family environment in the understanding of the term ＂right to family＂ in this article. These rights may, primarily, be fulfilled by the child＇s parents, and, if necessary for the best interest of the child, be complemented or substituted by foster or adoption parents. The analysis of different solutions concerning state interventions will base on Swedish law. In Sweden, a child in need of help or assistance as a result of abuse, neglect, or other inappropriate behavior in the home setting may be helped by the Social Welfare Committee-voluntarily or by a court order-in the child＇s home or a foster home. Other alternatives contain judicial involvement by changing custody and guardianship or making a decision for adoption. Since many years ago, the most commonly used alternative for children needing long term placements outside their homes in Sweden has become foster care. This development of many long-term placements has been criticized for not fulfilling the needs of the children, especially their needs for family continuity, stability and well-being. As a consequence, an amendment to the Social Services Act 200l was enacted in 2003 which states that the Social Services Committee shall consider the ＂permanence＂ of foster care by changing custody and guardianship to the foster parents three years later since a child starts in foster care, and every six months thereafter, as long as the child remains in the foster parents＇ care. Assuming that the foster parents are fit and willing to become custodians and guardians, and the child views the foster home as his or her home, the District Court can decide to change the custody and the guardianship to the foster parents. The assessment is to be based solely on the best interest of the child, and not on the fitness or wishes of the original custodian. However, can changing the custody and guardianship assist foster children＇s right to family？ This paper elaborates on this question by describing a legal reform in Sweden.     

LEGAL EDUCATION IN CHINA： ACHIEVEMENTS,PROBLEMS AND THE FUTURE （1949-2013）

China＇s legal education had been experiencing a rather tough way of growing up after founding of PRC and did has achieved some achievements in the early days, but the following destruction period of nearly 20 years almost ruined all of them. Since the reform and opening up, China＇s legal education had been rapidly recovering and developing, there had been an unprecedented thriving scene. After constantly summing up experience, reforming and adjustment, China＇s legal education gradually stepped into independent and scientific development mode. But with the same time, behind the prosperity scene, China＇s legal education is problematic both in quantity and in quality. In quantity, the biggest problem of china＇s legal education is its imbalanced development, lies both in regional distribution and in their charging authorities. In quality, there are four serious problems which affect its healthy development： lack of professional education idea; lack of elite education idea; lack of legal ethics education and lack of professional skill education. In the future, China＇s legal education should put more efforts on resolving these problems, that is to say, more efforts should be put on the quantitative balance. Meanwhile, concerning its quality, measures will have to be taken for bringing it back to the essential attributes of legal education, only by so doing can China＇s legal education be incorporated into the mainstream of global legal education culture     

Attitude of managers towards fundamental values within the police

In order to extend understanding of moral and ethics points of view of police managers in Slovenian police, this paper identifies the attitude of police managers towards fundamental values within the police and relations amongst the police organization, the external public and the internal public through a critical analysis of the hierarchical principles and fundamental values. Result indicates that police managers have a critical attitude towards dishonesty in their working environment. The police managers selected family as the most important factor （78.3%） that has the most impact on values in Slovene society. This position does not differ from the position of Slovenes. Police manager＇s attitude towards traditional values is strengthened through their personal development.