Documents found
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8801.
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8802.More information
The participation of victims in international criminal proceedings is a novelty of the International Criminal Court. It now extends to the Extraordinary Chambers in the courts of Cambodia and the Special Tribunal for Lebanon. In the ensuing article, the author argues that through this innovation, international criminal law is evolving towards a duplication of the object of the trial. While its primary function remains punitive, the trial now includes a significant restorative dimension. It portends a horizontal effect of the criminal proceedings resulting in a confrontation between the accused and victims. The author analyzes the scope of procedural rights that reflect this confrontation. In the first section, he explores issues relating to victims' access to international tribunals and underlines the reasons why they had not been given an active role in the proceedings of the International Criminal Tribunal for former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Tribunal for Sierra Leone. In the second section, the author develops a reflection on the scope of rights of participation effectively granted to victims. Although they are structured and carried out differently in different courts, these rights are, concludes the author, the common trait that reflects a deep concern of the international community to make victims part of establishing the truth about the atrocities suffered in connection with armed conflicts.
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8803.More information
AbstractThis study poses the question: "How long will the average new employee likely stay with his employer? This question has considerable relevance to the study of labour market activity, and to the obverse question: "How likely will a person, once employed, be unemployed again?" This paper explores the relevance of the tenure question on a number of fronts, and then develops a simple model for estimating the expected tenure of workers joining specific industries in Canada. Although the findings are based on somewhat dated statistics and lack a vector related to age, sex and other personal characteristics, they nonetheless confirm within reasonable degrees of confidence that the average new employee will remain with his employer a remarkably short time—less than two years in most industries and only a few months in some others. They suggest that employers are wise to defer costly training, pension and other non-wage expenditures until their new employees have built up some attachment to the firm. By the same token they affirm the usefulness of public income support programs to tide those who are laid off or quit through the transition to their next job, and for public retraining and mobility facilities to make the investments in human skills and allocation that employers will not.
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8804.More information
This article relates to the discussion taking place about the possibility of identifying an implicit social clause in the text of the General Agreement on Tariffs and Trade (GATT). The recognition of such a clause would eventually allow World Trade Organisation (WTO) member states to use the exceptions in article XX of the GATT to adopt restrictive trade measures against countries liable for breaches of fundamental workers' rights, including the right of children to be protected against hazardous work. The analysis in this article will focus on the exception under article XX(a) concerning the protection of the public morals of the importing country. Specifically, this article will attempt to demonstrate prima facie that the exploitation of child labourers during the production of imported goods undermines the public morality of the importing country and, therefore, that measures related to those goods could be justified under article XX(a) of the GATT, subject to satisfying the necessity condition of this rule.
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8805.More information
AbstractIn the spring 2001, the Chrétien government undertook an important process of consultation with Aboriginal communities in Canada, with a view to modifying the Indian Act and improving governance practices and self-government within reserves. After one year of this process, the government put forward its First Nations Governance Act (Bill C-7). Though the Bill was never passed, the whole episode is quite indicative of the nature of institutional obstacles that slow down the creation of a more egalitarian relationship between the Canadian state and Indigenous peoples. The article blends historical institutionalism, the concepts of target population and of citizen engagement to argue that Aboriginal policy formulation in Canada is essentially constrained by a colonial paradigm that has remained virtually unchanged since the 19th century. This paradigm, which continues to view Aboriginal peoples as inferior, blocks any possibility of renewing Aboriginal governance.
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8806.More information
Commercial property forms do not provide coverage for the indirect loss resulting from the direct damage to the insured property. Such protection must be obtained, subject to a distinct premium, under a business income insurance. In the first part, the author describesthe purpose of business income insurance which is to indemnify the insured business firm for loss of income during the period required to restore property damaged by an insured peril or to during the period required to recover its original business profits if no loss hadoccurred. He identifies the forms that are available, how those forms apply and what are optional coverage provisions. In the second part, he examines contingent business income insurance, which provides protection to a firm against business interruption and extraexpense losses resulting from damage caused by an insured peril to property not owned or operated by the insured firm (for example, important supplier or client).
Keywords: Assurance des pertes d'exploitation, assurance contre la carence des fournisseurs, Business income insurance, contingent business income insurance
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8809.
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