Search results

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

The research contributes to a better understanding of the different legal orders analysed.

This paper aims to examine the effects of domestic structure forces on “sub-national” foreign policy (SFP); an analytical concept provides a suitable operational framework for research on international activities of sub-national entities or regions.

The paper is carried out on the basis of a theoretical framework proposed by the author. First, the dependent variable is defined. Then, domestic structure is broken down into four variables, including legal grounds, the level of autonomy, the type of intergovernmental relations and institutionalization. A comparative method is used to examine the validity of the theoretical framework.

The paper finds out that domestic structural forces influence level and form of SFP with some regularity. The influence of these forces on SFP can be explained, as they recur and have such consistent effects that they create patterns and regularities in SFP. Such regularities can be detected through systematic analysis.

The topic of SFP is relatively controversial because of academic debate over international agency of substate actors. However, it is a worthwhile subject of research, as it has the potential to revolutionize research in foreign policy analysis. Moreover, the phenomenon of SFP is in need of theorizing and comparison as the literature on SFP is still in its infancy.

The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.

This article reviews each of the following areas: a brief history of privacy; philosophical definitions of privacy along with specific critiques; legal conceptions of privacy, including the history of privacy protections granted in constitutional and tort law; and general critiques of privacy protections both moral and legal.

A primary goal of this article has been to provide an overview of the most important philosophical and legal issues related to privacy. While privacy is difficult to define and has been challenged on legal and moral grounds, it is a cultural universal and has played an important role in the formation of Western liberal democracies.

The paper provides a general overview of the issues and debates that frame this lively area of scholarly inquiry. By facilitating a wider engagement and input from numerous communities and disciplines, it is the authors' hope to advance scholarly debate in this important area.

The purpose of this paper is to consider the effect of the Prevention of Money Laundering Act (PMLA), 2002 on the property rights of third parties, by evaluating whether the interpretation of the scheme of the PMLA, 2002 results in a deprivation of rights, by virtue of the provision for the provisional attachment of property.[AQ3] In doing so, this paper attempts to consider two sub-categories of third parties that stand affected by §5 of the PMLA, 2002.

Primarily the authors analyse diverging judgements and case law across various high courts to evaluate the position of law with regards to attachment of property. To reach a precise legal conclusion, the authors consider the composite scheme of the PMLA, 2002 in their analysis.

It has been concluded that there is a clear lack of judicial cohesion in the interpretation of the PMLA, 2002, and in the absence of a judgement by the Supreme Court of India, enforcement authorities have failed to correctly identify the boundaries of the offence of money laundering, resulting in a dangerous deprivation of rights.

This paper fills a vacuum of detailed scholarship on anti-money laundering provisions in India, while also being contemporaneously relevant, as it considers the effects of the PMLA, 2002 on bona fide economic transactions and secured creditors.

The purpose of this paper is to examine how the concept of vicarious liability has developed in recent years.

This work analyses case law decisions pertaining to vicarious liability.

The paper examines how court decisions have acted to widen considerably the application of vicarious liability in a business context.

Further research could usefully speculate on the direction the law might take in the future.

The paper reveals how vicarious liability applies in a business context and provides some pertinent learning outcomes for employers from case law development.

The analysis presented in this paper explains how an important legal concept applies in a contemporary business context.

The past decade, with its unprecedented surge in financial activity and financial crises, has been one of increased awareness on the part of both regulatory authorities and market participants of the potential of payment systems for propagating and amplifying financial shocks, especially in a cross‐border context. This has led the European Commission to propose, on 30th May 1996, a Directive aimed at reducing systemic risk. (This has been the subject of an earlier contribution by the same author, pub‐lished in Vol 5, No 1 of the Journal.) In the meanwhile, the European Parliament has delivered its opinion and the Council has adopted a common position. This paper examines the contents of this common position.

Rights and duties are involved in every area of business and markets, and society and governments. Most often, rights and duties involve serious ethical and moral issues of conflict. A good theory of the ethics of rights and duties, obligations, and responsibilities will empower us to understand the impact of our actions on various stakeholders. Additionally, a deep understanding of rights and duties could help us to analyze better the impact of our executive actions on various stakeholders and, in particular, to fathom the damaging effects of rights and duties violated by the man-made current financial crisis when seen from an ethical and moral point of view. Our coverage on the ethics of corporate rights and duties will comprise of two parts: Part 1: The Nature of Corporate Business Rights and Duties, and Part 2: Respecting Corporate Rights and Duties. The chapter will feature Newcomb Wellesley Hohfeld’s framework of legal interests such as claims, privileges, power, and immunity and its various applications to contemporary market and corporate executive situations. We illustrate the theory of rights and duties using several cases from the current turbulent markets.

The purpose of the present analysis is to show that HR systems are not always designed in ways that consider the well‐being of employees. In particular, performance metric methods seem to be designed with organizational goals in mind while focusing less on what employees need and desire.

A literature review and multiple case‐study method was utilized.

The analysis showed that performance metrics should be revaluated by executives and HR professionals if they seek to develop socially responsible organizational cultures which care about the well‐being of employees.

The paper exposes the fact that performance appraisal techniques can be rooted in methodologies that ignore or deemphasize the value of employee well‐being. The analysis provides a context in which all HR practices can be questioned in relation to meeting the standards of a social justice agenda in the area of corporate social responsibility.

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.