Documents found
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2131.More information
The Comprehensive Economic and Trade Agreement (CETA) is a useful model for commercial relations between the European Union (EU) and the United Kingdom after the latter withdraws from the European common market. During this transition phase – if indeed there is one –, but even more in the absence of a similar arrangement, the two negotiating parties should work towards such a commercial treaty, that we could provisionally name CC-CETA (Cross-Channel CETA). An agreement inspired by CETA, perhaps expanded to other sectors, such as services, would bring distinct advantages to the United Kingdom and to the EU, partially replacing the unique market relation. After having examined other options that could also be practicable, recommendations on the adoption of such a CC-CETA are offered. The questions of how CETA itself could be affected by Brexit or by the adoption of a United Kingdom-EU agreement, as well as what could be the pre-emptive effect of such an agreement on the relations between Canada and the United Kingdom, are also taken into consideration. Finally, temporarily carrying over CETA could also soften the blow of a “Hard Brexit”. However, this last option is full of uncertainties, and should be accompanied by specific measures for certain sectors.
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2132.More information
The Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005 Convention) was adopted by UNESCO's General Conference in Paris on October 20, 2005. The objectives taken on by the Parties include acknowledging the specific nature—economic and cultural—of cultural activities, goods and services, the reaffirmation of their sovereign right to adopt or implement the policies and measures they deem appropriate for the protection and the promotion of the diversity of cultural expressions, as well as reinforcing international cooperation in order to achieve more balanced cultural exchanges. Seen as a response to the failure of the cultural exception of the 90s, the 2005 Convention is nevertheless criticized soon after its adoption due to its low level of constraint. However, 15 years later, an overview of the Parties' practices results in a positive assessment of the implementation of this treaty for which the commitments largely exceed the framework of the relation between commerce and culture. The data collected due to the performance of the follow-up mechanisms indeed demonstrates that the Parties rely abundantly on the 2005 Convention to undertake diverse initiatives aimed at achieving the treaty's objectives. These actions, translating changes operated by states on their own territories or within the relations they maintain with one another, are indicative of the effectivity of this legal instrument that is only weakly binding.
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2133.More information
SummaryThe labour disputes which go to arbitration increase from year to year in the Province of Quebec. This is not necessarily an alarming fact because of the various factors which help to explain it. The union memberships as well as the agreements in force have increased considerably during recent years. The keener economic competition, the harder struggle for markets and the decrease in the •consumer demand have strengthened the resistance of employers to union demands. The lack of confidence of union leaders in governmental services certainly make the workers' side touchy and brings to arbitration some disputes that could have, in a more peaceful atmosphere, been settled by conciliation.Among the union federations, the C.C.C.L. comes first with the highest proportion of arbitrations required by the unions affiliated with it. The grievances which have necessitated arbitration have increased because of the lack of technical training of the labour leaders, of the increasing complexity of the methods of production and ways of remuneration.The arbitrations recommend working conditions inferior to current conditions in the industry or if they contain similar advantages, it is after a certain delay. This is what might be called the "theory of readjustment" to define the economic function of arbitration. The recommendations in regard to wages in 1952-53 make a good example: whereas during the two preceding years when wages in industry had increased rapidly, the increases proposed by arbitration had been inferior to them; during the last year, when a certain wage, stabilization was under way, the arbitration boards have recommended increases higher than the average increase in industry. Retroactivity which is the best instrument for readjustment in working conditions was also included more often in the past year.The stipulations respecting holidays, hours of work and paid statutory holidays show the same tendencies as industry, but they are weaker or behind time. Only the arbitration recommendations for three weeks vacation require a shorter length of continuous service than the clauses to be found in agreements.The same phenomenon of increasing similarity between the proposals and arbitrations and the facts would be noticed in the union security clauses if it were not for the legalism which prevail against this point.The arbitration boards keep to, in their recommendations, clauses of which the legality is recognized and refuse more and more to grant formulas of the compulsory type. The compulsory clauses are proposed less frequently and are refused in a large number of cases. The union requests are also less exacting on this point. The employers attempt to change the favourable clauses that they had accepted in previous agreements.Union security raises the question of union liberty which is at the base of the labour laws of the Province. The object of the law is to protect the right of each worker to belong to the association of his choice. However, from the time a union is certified, it is recognized by the law as the sole bargaining agent in the enterprise concerned. During the whole year, except during the eleventh month of the agreement when the workers may change affiliation, the liberty of association for non-union workers consists in becoming, or not becoming, a member of the union legally certified or only in belonging to another union which for the present cannot act.The rapid turnover of the presidents of arbitration boards and their members shows the difficulty in securing qualified persons. The Province of Quebec has not succeeded in forming a body of competent arbitrators, qualified to acquire the confidence of the workers and the employers. The solution is to enlarge their field of knowledge, to furnish them with standards and statistics which will permit them to judge in a clearer way and finally to be able to hold meetings where a common analysis of the problems would help them to render more acceptable awards.The length of arbitration procedures is also another aspect to which some attention should be directed. Many boards take longer than the delay of three months fixed by law to give their award. The causes of delay should then be examined and a system organized which would result in more rapid procedure.The wording of the awards is often vague. The objects which have been discussed are badly defined or not sufficiently specified. Perhaps a uniform method of awards would help indicate the exact extent of points under litigation and would make it possible to carry on more extended research.Research of a scientific character should be undertaken on the function of arbitration.The study of cases would be valuable in determining the real objects in dispute in most arbitrations. At what point does arbitration constitute a notable step in the settlement of disputes, to what extent do the recommendations of the board serve as a basis or at least simplify the negotiations after arbitration? A systematic analysis after examination of methods used outside the Province, discussions and studies of similar problems would greatly help to come to a scientific method of procedure for solving labour disputes. It would be a sign of lack of responsibility to continue to allow to operate in such a way an arbitration system which often plays an important part in the settlement of disputes.
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2134.More information
This study examines, through a corpus of horrific video games developed in France over a period of nearly 25 years, how the renewal of iconographies and the re-reading of narrative codes, as well as the game mechanics usually employed in them, rarely constitute the core of French videogame proposals. Nevertheless, we show how these creations very often have in common to put into perspective the imaging processes they deploy, from the staging to the modeling mode adopted, as well as the question of the flow of images and the gaze. It is thus a question of seeing how horror, which has become a playground with the image, seems to be an ideal pretext for working, exploring, manipulating the medium and, in this way, making it evolve.
Keywords: Horreur, jeu vidéo, image, France, Horror, video game, image, France
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2136.More information
The question of the standard required for the examination of documents presented in a documentary credit transaction has been the source of much controversy. To decide in favor of a flexible standard or a rigid one has divided the doctrine as well as the case law for many years.The reasonable care standard conceived as an adequate solution to the problem has, since the 1962 reform, been inserted into the Uniform Customs and Practices. It was revealed to be unsatisfactory. This standard has, as a result of its elasticity, lead to subjective divergent or even contrdictory interpretations.The International Chamber of Commerce has suggested the necessary remedies in order to overcome the weaknesses of the reasonable care standard. The different remedies proposed have been criticized and have unfortunately failed.The analysis of this question allows us to conclude that only an objective standard is liable to definitively solve the question of compliance examination in documentary credit transactions, which is a standard that is still aspired to.
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2137.More information
Keywords: Initiative, validité, fidélité, reproductibilité, qualités métrologiques
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2138.More information
With Hommage à la femme noire (1988-1989), a six-volume encyclopedia illustrated with numerous iconographic documents, Simone and André Schwarz-Bart wanted to highlight the life stories of black women forgotten by history in order to create a gallery of ancestors, from the prehistoric ages to the twentieth century. If this project is ambitious, so is the translation of this hybrid work. This article will be devoted to the challenges involved in its translation from French to English in a North American context. The translators Rose-Myriam Réjouis and Val Vinokurov have indeed taken initiatives so as to guide English-speaking readers by providing some elements of contextualization. We will thus examine the processes put in place to translate the encyclopedia as well as what these translation choices imply.
Keywords: encyclopédie, traduction, transculturalité, édition, femmes
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2139.More information
Right from the release of the film Dr. No (Terence Young, 1962), the hero's mobility played an important part in the identity of the series: James Bond's many espionage travels to distant locations and his use of sometimes dizzying transportation technology made him a “hypermobile” individual. The present article, joining a cine-musicological approach with a geographical one, interrogates the depiction of 007's means of transportation and his trips and their inflection over the years in keeping with the evolution of mobility in the latter half of the twentieth century. The depiction of mobility, an essential element of the “Bond formula,” depended at one and the same time on directing decisions, the physical capabilities of the actor playing the role of Bond and the economic, sociological and technological contexts in which 007 evolved. A comparative analysis by means of detailed discussion of several car chases will illustrate this evolution on the basis of such unforgettable kinds of scenes.
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2140.More information
At the end of the 20th century, how does the on-the-run road movie reinvent the US popular hero through the figure of the threshold? If a film makes the threshold a separation, an opening or a third space, it thus questions this filmic genre, the American culture and the identity of its characters in the light of the spectators' judgement towards them. This study of eight fictions aims to show how their protagonists, by asserting authentic values in a degraded world, become heroes through their ability to mediate.