Documents found
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32.More information
The increasing complexity of litigation and increasingly frequent use of scientific expertise raises questions about the role of non judicial elements in jurisprudence. In the environmental field, the frequent recourse to expertise leads to a paradox: while the increasing importance of scientific considerations almost systematically calls for scientific expertise, the scientific uncertainty, coupled with the political stakes makes it difficult for a judge to use this expertise. Due to the impossibility for a judge to isolate himself from scientific controversies, the expert has become a prime stakeholder in environmental and health issues and subject to criticism. The relationship between the expert and the magistrate thus becomes highly important.International jurisdiction is more and more often called upon to validate the scientific basis of the judgements of lower courts. This is also the case of the World Trade Organisation. As dispute settlement panels assess the value of a scientific expertise or the accuracy of a risk assessment, they become judges of scientific expertise. What are the modalities of the use of scientific experts?What is the importance of the scientific expertise in the making of a ruling?These questions will allow us to contribute to the discussion about the increasing use of scientific expertise in judicial proceedings at the World Trade Organisation.
Keywords: droit international, contentieux sanitaires, Organisation Mondiale du Commerce, OMC, jugement, décision, expert, précaution, évaluation des risques, santé, environnement, international rights, World trade organization, WTO, expert, risks assessment, judgement, decision, precaution, health, environmental, contentious issues
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39.More information
AbstractThis article provides an analysis of the knowledge, beliefs and attitudes of administrators, school personnel, and Franco-Manitoban students completing secondary schooling regarding ways of exercising rights to education for students with special needs. Although there is a general tendency to recognize and respect these rights, the data collected through questionnaires and interviews shows a lack of knowledge as well as antithetical beliefs and attitudes in the three groups of subjects. Lastly, the author discusses the implications for training educational agents.
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40.More information
Since the 1980s, unions have often been under pressure to accept wage compressions during collective bargaining. Faced with little bargaining power, their only choice sometimes ends up being between accepting eroded conditions for all or only some of their members. In this context, unions go from being a partner in the fight against inequalities to being a vector of inequalities. Based on two case studies where unions agreed to introduce orphan clauses to existing collective agreements, this paper aims to document the consequences unions have to deal with when some of their members decide to challenge such clauses because they find them to be discriminatory.We observed that in both unions, there was a refusal to consider the dual salary scale as being discriminatory for two main reasons: first, local officers are unfamiliar with the notion of discrimination, often limited to direct discrimination, while the orphan clauses create indirect discrimination that impacts the newlyhired employees, and consequently those employees that are younger; second, Unions do not recognize any responsibility on their part as the labour agreement was reached in a specific legal and economic context and under pressure from the employer.In conclusion, we find that various effects of the negotiation of orphan clauses include the persistence of inequalities and the difficulty to implement equality rules within the unionized sector.
Keywords: clauses orphelins, disparité de traitement, discrimination, syndicat, constables spéciaux, pompiers, orphan clauses, differential treatment, discrimination, union, special constables, firemen, cláusulas de orfandad, tratamiento diferenciado, discriminación, sindicato, agentes especiales, bomberos