14 results on '"CONVENTION"'
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2. The Right of Participation and Information in the Framework of Legal Process.
- Author
-
Musaraj, Joniada
- Subjects
LEGAL literature ,CONSTITUTIONAL courts ,TRIAL courts ,PARTICIPATION ,HUMAN rights - Abstract
The right of the parties to be present at the hearings and to be informed, even though there have been ongoing complaints before the European Court of Human Rights, for violations of Article 6 of the Convention, recent years continue to refer to court cases whose decisions are found to be irregular according to the procedure and states are fined with high financial costs. There is therefore a need to remind the obligation that the national authorities have to comply with these decisions and not to be repeated in the future. In support of this purpose, several issues of the Constitutional Court in Albania and ECHR decisions are addressed. The number of cases is growing year after year. As a result, we understand that remains the main duty and responsibility of the judicial authorities in the de facto implementation of the right to participate in trial and information of court proceedings. While a person should recognize this right and make use of the means made available by the right to exercise it. It is interesting to show the current situation in which Albania confronts the Convention and the ECtHR. We have we have over 50 cases so far adjudicated at the European Court of Human Rights, with the Albanian State party, subject to the violation of Article 6 of the Convention. [ABSTRACT FROM AUTHOR]
- Published
- 2019
3. STATE RESPONSIBILITY IN THE PREVENTION OF TORTURE AND INHUMAN AND DEGRADING TREATMENT.
- Author
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GĂIŞTEANU (ŞTEFAN), Lauren#;ia Florentina
- Subjects
TORTURE prevention ,GOVERNMENT liability ,SUFFERING ,CONFESSION (Law) ,EUROPEAN Convention on Human Rights - Abstract
To produce intentional, systematic and cruel physical or mental suffering, acting on their own initiative or on the basis of order, in order to compel certain persons to confess or give information, was defined as torture. To put a person in serious danger through actions, measures or treatments of any kind, affecting physical or mental condition is inhuman and degrading treatment. The European Convention on Human Rights stated, with the overriding value, by the provisions of Article 3 that: "No one shall be subjected to torture or to inhuman or degrading treatment or punishment", imposing, by the provisions of the article, the obligations of the state authorities not to apply no form of suffering or inhuman treatment of persons under their jurisdiction, and the obligation to protect the physical and mental integrity of such persons. On 9 October 1990, by promulgating Law No.19, Romania adheres to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and has thus established a mechanism for the prevention of torture and inhuman and degrading treatment. The establishment of independent internal mechanisms for the prevention of torture and inhuman and degrading treatment is an express requirement contained in Part V of the Optional Protocol to the Convention for the Prevention of Torture. The scope of the institutions in which the mechanisms for the prevention of torture and inhuman and degrading treatment are exercising is largely covering both the penitentiary system, the detention and preventive arrest centers, the medical-social institutions for the persons with mental disabilities and other units in which may engage in inhuman or degrading treatment. [ABSTRACT FROM AUTHOR]
- Published
- 2019
4. HUMAN BEINGS TRAFFICKING IN THE EUROPEAN COURT OF HUMAN RIGHTS CASE-LAW.
- Author
-
SPĂTARU-NEGURĂ, Laura-Cristiana
- Subjects
HUMAN trafficking ,CRIMES against humanity ,INTERNATIONAL cooperation - Abstract
After last year's analysis regarding the European Union's commitment to fight against the human beings trafficking, we have considered to further explore the human beings trafficking approach in the European Court of Human Rights case-law, the most developped regional jurisdiction on human rights. Surprisingly, the European Convention for the Protection of Human Rights and Fundamental Freedoms does not make an express reference to the human beings trafficking. However, we have to bear in mind that the Convention is a living instrument, its interpretation being made in the light of the present-day conditions. Thus, taking into consideration the global threat of this phenomenon, it is more obvious than ever that the Convention could not neglect this issue. [ABSTRACT FROM AUTHOR]
- Published
- 2017
5. THE EUROPEAN COURT OF HUMAN RIGHTS AND ITS CASE-LAW ON ENVIRONMENTAL MATTERS.
- Author
-
SPĂTARU-NEGURĂ, Laura-Cristiana
- Subjects
ENVIRONMENTAL policy - Abstract
Only recently the environmental protection has become a real concern of the international community. Despite the fact that no human rights treaties, such as the European Convention for the Protection of Human Rights and Fundamental Freedoms, contain a right to the environment explicitly, they have been interpreted as including environmental protection obligations for the Contracting States. Very often we hear about environmental degradation. The purpose of this article is to provide the most relevant examples from the European Court of Human Rights case-law in this field in order to strengthen the environmental protection at the national level. [ABSTRACT FROM AUTHOR]
- Published
- 2017
6. The Leasing Contract. Harmonizing National Legislation with the Lease Specific International Norms.
- Author
-
Dinu, Gheorghe and Tomescu, Raluca Antoanetta
- Subjects
INVESTORS ,DEMOCRATIZATION ,LEASE & rental services ,CONTRACTS ,COMMERCIAL law - Abstract
By elaborating the proposed work, we want to bring theoretical contributions and enter a scientific domain which may not be at the beginning of its course to Romanian society, but which we consider to be able to handle improvements under doctrinaire and practical aspects. Objectively, we intend to reinforce the "statute" of leasing operations on a national level, operations which are still searching for their own identity, lacking any "legacy" gained from experience or historical post-December accumulations, and what has been gained has been assumed in a rush, under the influence of the Romanian society's processes of democratization and European integration and are mechanical accumulations/teachings which resulted from the enforcement and necessity of complying with certain treaties and agreements which have not been sufficiently analyzed. Because they were taken in fractions, a series of norms resulted, lacking the consistency and sufficiency needed to improve education in the leasing domain, which has often led to contractual imbalances and a considerable decrease of the leasing market in Romania. [ABSTRACT FROM AUTHOR]
- Published
- 2016
7. Study on mergence of e-commerce in MICE industry.
- Author
-
Wei-ling, Jiao
- Abstract
Natures of service industry along with changing environments results in mergence of e-commerce in MICE industry nowadays. The paper firstly analyzed e-commerce possibilities and necessities in MICE industry and concluded that the trend of mergence is inevitable. Based on this conclusion, the author launched a survey in large scales. It found that there are three modes with respective advantages during the process of mergence, including MICE enterprises developing web exhibition with help of e-commerce platform, e-commerce companies developing business belonged to MICE industry and MICE enterprises carrying out e-commerce strategy. However, there are many obstacles in the development of these three modes, which needed to be settled by more studies. [ABSTRACT FROM PUBLISHER]
- Published
- 2013
- Full Text
- View/download PDF
8. THE CONVENTIONS ADOPTED WITHIN THE EUROPEAN UNION WITH REGARD TO THE INTERNATIONAL LEGAL ASSISTANCE IN CRIMINAL MATTERS.
- Author
-
CRISTIEAN, VICTORIA
- Subjects
CRIMINAL procedure ,CRIMINAL law ,CONFERENCES & conventions ,ROMAN law - Abstract
The study of the legal and penal mechanism by which European Union Member States jointly act for preventing and combating certain categories of crimes, includes the analysis of conventions regarding legal assistance that Member States undertake to grant each other the catching and prosecution of people who commit crimes on their territory, either violating the domestic criminal law or the international criminal law represented by international conventions that require signatory states to incriminate or punish certain categories of crimes, against which they pledged to fight together. Conventions adopted at European Union level concerning international legal assistance in criminal matters, give legal expression to the most complex and most effective form of cooperation between States in the fight against crime, establishing brand new ways of international legal assistance in criminal matters.The importance of the Conventions regarding legal assistance in criminal matters result from the fact that they ensure the correct application of European criminal law relating to combating the worst types of crimes, making possible criminal liability and conviction of various crimes, with the help of other member states of the European conventions. [ABSTRACT FROM AUTHOR]
- Published
- 2012
9. ORGANIZATION & MANAGEMENT THEORY Conference Paper Abstracts.
- Subjects
MANAGEMENT ,SOCIAL status ,UNCERTAINTY ,PERFORMANCE - Abstract
The article presents abstracts on organization and management theory topics which include differences between Convention Theory and New Organizational Institutionalism, the relationship between status and uncertainty, and the people variations in networks that can affect organizational performance.
- Published
- 2010
- Full Text
- View/download PDF
10. HEALTH CARE MANAGEMENT Conference Paper Abstracts.
- Subjects
HEALTH services administration ,HEALTH care industry ,HOSPITAL-physician joint ventures ,DISCRIMINATION in medical care - Abstract
The article presents abstracts on health care management topics which include the role of managed networks as an organizational form in British health care, the management of hospital physician relationships, and racial disparities in patient care.
- Published
- 2010
- Full Text
- View/download PDF
11. THE EUROPEAN UNION ACCESSION TO THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS.
- Author
-
Salomia, Oana-Mihaela
- Subjects
HUMAN rights ,LIBERTY ,CONFERENCES & conventions ,TREATIES ,INTERNATIONAL relations - Abstract
The future accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms represents an important and complexes issue, in the same time a political and juridical issue .The evolution of the accessing took a certain course which involved: the confirmation from the Luxembourg judge of the fact that the fundamental rights are an integrant part of the general law principles whose respect is assured by the Court, which inspires itself from the common constitutional traditions of the member states and also from the international instruments regarding the protection of human rights that the member states adhered to; then the legal affirmation by the European Single Act Preamble, the Maastricht Treaty, the Amsterdam Treaty, the elaboration of the European Union Charter of Fundamental Rights, up to the dispositions of the Constitution for Europe, which make provisions of the future accession to the Convention, taken over by the new Treaty amending the Treaty on the European Union and the Treaty establishing a European Community. At the present, the most important values and mechanisms for the human rights protection are mentioned in Lisbon Treaty and the Charter of Fundamental Rights. By making fundamental rights clearer and more visible, the Charter helps to develop the concept of citizenship of the European Union and to create an area of freedom, security and justice. It enhances legal certainty as regards the protection of fundamental rights, where in the past such protection was guaranteed only by the case law of the Court of Justice and art.6 of the European Union Treaty. So, the accession to the Convention implies numerous problems, political, social, financial, that need to be solved from a practical and judicial point of view. [ABSTRACT FROM AUTHOR]
- Published
- 2009
12. Fighting Child Labor: What Works and Why.
- Author
-
Abu, Sharkh
- Subjects
CHILD labor ,GLOBALIZATION ,LABOR laws ,LABOR market ,NONGOVERNMENTAL organizations - Abstract
Much opposition to globalization rests on the assumption that globalization will lead to a race to the bottom concerning core labor standards. Yet, in fact, more countries subscribe to more human rights conventions, declarations, and treaties than ever before. A transnational movement combating child labor has emerged. But what do these phenomena have an impact? This paper studies what influences actual change in the structure of the labor market measured by the percentage of children aged 10 to 14 working. It examines if and under which conditions there is a coupling between formal endorsement (ratification) and change (reduction of child labor rates) and, more specifically what role international non-governmental organizations play (NGOs). The time frame spans from 1960 to 1990. My guiding thesis is that pressures and influences accruing from the world society, especially in form of links via international NGOs, can better account for the decline of child labor rates, as predicted by the world society approach, than the particular characteristics of the respective countries. This guiding thesis leads to the three questions I will address in this paper: (1) Is there a measurable post-ratification effect on child labor rates if countries ratify the child labor convention (C138) of the International Labour Organization (ILO), the oldest surviving governmental human rights organization? (2) What is the cumulative effect of international governmental and NGOS on child labor rates? [ABSTRACT FROM AUTHOR]
- Published
- 2004
- Full Text
- View/download PDF
13. ORGANIZATION AND MANAGEMENT THEORY Conference Paper Abstracts.
- Subjects
ABSTRACTS ,MANAGEMENT ,ORGANIZATION ,CONFERENCES & conventions ,STRATEGIC planning ,ECONOMIC competition ,CONTINUING education - Abstract
This section presents several organization and management theory conference paper abstracts, including an ethnographic account focused on issues of identity and place in a Great Britain-based institution of further education, an exploration of how managers can draw upon their informal relations to create new knowledge, and a dynamic framework to assess how a firm strategically allocates its limited resources between improving its competitive position relative to rivals and its collective position shared with rivals.
- Published
- 2004
- Full Text
- View/download PDF
14. Why Do Countries Ratify Labor Conventions that Put them at a Competitive Disadvantage?
- Author
-
Abu Sharkh, Miriam
- Subjects
INTERNATIONAL labor laws & legislation ,INTERNATIONAL law ,LABOR laws ,INDUSTRIAL laws & legislation ,RATIFICATION of treaties ,GLOBALIZATION ,INTERNATIONAL relations ,HUMAN rights - Abstract
Much opposition to globalization rests on the assumption that globalization will lead to a ?race to the bottom? concerning human rights. With the establishment of the World Trade Organization a heated debate developed about the relative merits of international organizations such as the International Labour Organization regarding the promotion of social human rights. Should the World Trade Organization use coercive measures like a social dumping clause to ascertain that social human rights are upheld? Or does the strategy of the International Labor Organization suffice? This paper examines the impact the International Labour Organization has had concerning pressuring countries to ratify one of its core social human rights conventions (the Minimum Age Convention C138 prohibiting child labor). Child labor is the only social human right that would cause production costs to rise significantly and thereby put developing countries with labor intense economies that implement this standard single-handedly at a comparative disadvantage. Using an event history analysis (1960-1995), I find that the ratification of the Minimum Age Convention of the International Labor Organization is significantly more likely if the country has many international organizational links to the world society. This effect is independent of income level. [ABSTRACT FROM AUTHOR]
- Published
- 2003
- Full Text
- View/download PDF
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