The Organization for Security and Cooperation in Europe (OSCE), the world's largest regional security organisation, possesses most of the attributes traditionally ascribed to an international organisation, but lacks a constitutive treaty and an established international legal personality. Moreover, OSCE decisions are considered mere political commitments and thus not legally binding. As such, it seems to correspond to the general zeitgeist, in which new, less formal actors and forms of international cooperation gain prominence, while traditional actors and instruments of international law are in stagnation. However, an increasing number of voices - including the OSCE participating states - have been advocating for more formal and autonomous OSCE institutional structures, for international legal personality, or even for the adoption of a constitutive treaty. The book analyses why and how these demands have emerged, critically analyses the reform proposals and provides new arguments for revisiting the OSCE legal framework.
Les rapports entre ordres juridiques interpellent les juristes, toutes disciplines confondues. Les interactions normatives que ces rapports suscitent, le mouvement du droit qu'ils enclenchent, interrogent les fondements mêmes de nos cultures juridiques en modifiant en profondeur la structure des ordres juridiques et leurs notions fondatrices.
L'idée de Baptiste Bonnet, directeur scientifique de l'ouvrage, a été de faire se rencontrer de nombreux auteurs et membres de juridictions sur un sujet qui transcende les disciplines juridiques, de décloisonner, d'accepter de repenser des notions, de chercher de nouveaux outils et de permettre à la doctrine de porter un regard sur elle-même, sur ses évolutions et in fine sur le droit.
The book analyses labour law issues in Russia and Finland, which have particula interest for Russian-Finnish relationships
This is the first book on the U.S. presidential election system to analyze the basic principles underlying the design of the existing system and those at the heart of competing proposals for improving the system. The book discusses how the use of some election rules embedded in the U.S. Constitution and in the Presidential Succession Act may cause skewed or weird election outcomes and election stalemates. The book argues that the act may not cover some rare though possible situations which the Twentieth Amendment authorizes Congress to address. Also, the book questions the constitutionality of the National Popular Vote Plan to introduce a direct popular presidential election de facto, without amending the Constitution, and addresses the plan’s “Achilles’ Heel.” In particular, the book shows that the plan may violate the Equal Protection Clause from the Fourteenth Amendment of the Constitution. Numerical examples are provided to show that the counterintuitive claims of the NPV originators and proponents that the plan will encourage presidential candidates to “chase” every vote in every state do not have any grounds. Finally, the book proposes a plan for improving the election system by combining at the national level the “one state, one vote” principle – embedded in the Constitution – and the “one person, one vote” principle. Under this plan no state loses its current Electoral College benefits while all the states gain more attention of presidential candidates.
The book presents in an accessible and clear form the organizational and legal foundations of the modern international customs Rights enshrined in the most important customs conventions adopted under the auspices of the Council for Customs Cooperation - the World Customs Organization: Kyoto Convention on the Simplification and Harmonization of Customs Procedures, the TIR Convention, the Istanbul The Convention on Temporary Importation, as well as on the Harmonized System of Coding and Description of Goods. The book is published in English and is intended, inter alia, for use as a study guide in the study Training course "International Customs Law" in English.
The White Paper provides a knowledge-base on the state of affairs of STI policies in the EU Member States and the European Neighbourhood, and in the Central Asian countries, identifies a series of challenges and recommendations on enhancing the EU-EECA STI cooperation and proposes a short-term implementation scenario to a variety of stakeholders.
The findings of the White Paper are based on a broad methodological approach: analytical desk research concerning a variety of EU programmes and instruments was complemented by interviews with policy stakeholders and representatives of the science and innovation communities in the EECA region, as well as by mutual learning exercises, discussions at STI policy stakeholders’ conferences in Athens, Moscow, Astana, Warsaw, and expert meetings on ENPI and DCI as well as meetings of NCP. The presentation of the draft of the present White Paper during the Warsaw Conference was followed by an open web-based consultation process of the wider public, which resulted in additional feed-back.
The White Paper presents a knowledge based approach to tackling major issues of relevance for enhancing STI cooperation between the EU and EECA countries. However, it should be perceived as experts’ advice that neither reflects the official positions of individual countries nor of the European Commission. Stakeholders from the policy sector as well as from the science and innovation communities and civil societies in both regions are invited to reflect on the recommendations given in this White Paper and to draw their own conclusions for joint concrete actions to prioritize and implement in favour of advancing the bi-regional cooperation in science, technology and innovation.
This collection of essays, all by Russian scholars, is the first of its kind to address a broad English-speaking audience. It presents the theories and methodologies employed by Russian national historiography to make sense of Russian gender and women’s history. The essays in this volume discuss women’s and gender history in Russia, highlighting sensitive areas in the Russian academic community and in Russian society in general. The book appears in the context of an intense backlash against the liberal ideology of Russian modernization. That backlash has manifested itself in constant and persistent calls for traditional values and the rejection of gender as a concept, which many Russians believe entails the ability to choose one’s sex. Women are expected to return to their “natural state” as mothers and housekeepers; feminism has once again become a perceived cause of bad motherhood, is seen as a general threat to the family, and is even held responsible for “unnatural vices.” These attacks on gender and feminism as academic concepts, together with their further politicization, underscore the importance of women’s history in Russia. They also force scholars to reflect on the reasons and roots of such hostility. Furthermore, they bring up immanent questions about the nature and origins of these traditional values. These are the questions this books answers.
While workers movements have been largely phased out and considered out-dated in most parts of the world during the 1990s, the 21st century has seen a surge in new and unprecedented forms of strikes and workers organisations. The collection of essays in this book, spanning countries across global South and North, provides an account of strikes and working class resistance in the 21st century. Through original case studies, the book looks at the various shades of workers’ movements, analysing different forms of popular organisation as responses to new social and economic conditions, such as restructuring of work and new areas of investment.
Workers’ Representation in Central and Eastern Europe
Challenges and Opportunities for the Works Councils System
Editor: Roger Blanpain
Guest Editor: Nikita Lyutov
Works council, as a participatory means of regulating the employer–employee relation, is long established in Western European countries, but has failed to take significant root in other parts of the world where it has been tried. This book is the first in-depth exploration of the legal, political, and cultural forces that complicate this transposition. Focusing on Eastern and Central Europe, where the works council system has been most extensively applied and where the evident reasons for its lack of purchase are most telling, the contributors examine the relevant experience, both negative and positive, in twelve countries, with a particular focus on non-union representation of workers.
Many important issues pertinent to workers’ representation in general in a globalized world are covered, including the following:
cooperation and confrontation between trade unions and works councils; insufficient division of competences between the two representative bodies; legal norms concerning both trade union and works councils independence from employers’ interference; need for serious and dissuasive sanctions against creation of employer-controlled (‘yellow’) unions; need for extension to non-union workers of protection from anti-union discrimination; real vs. formal implementation of EU norms in Eastern European Member States; unnecessarily complicated regulation of institutions of representation; lack of protection against dismissal of non-union representatives; responsibility for breach of employers’ obligation to consult and inform; and employers’ lack of legitimacy in the eyes of workers.
There is general agreement among these authors that, as long as human beings spend a serious part of their lives at the workplace, they must be allowed not merely to express opinions about the job but have a real influence on it. Fully aware of the sensitivity of these issues in market economies, the authors’ careful research and call for public discussion open the path to real changes in the existing system, clearly in Eastern Europe but to be much desired elsewhere also. For labour law scholars, practitioners, and policymakers who know that such changes are needed, this book offers directions that, though debatable, are sure to be welcomed.
In the collection the theses of reports and the presentations of conferees devoted to history of formation and development of intellectual property are placed and also opinions of scientists and practicians on tendencies of development of this institute of the right are presented
The edited book contains selected articles that were presented at the conference "Welt and Wissenschaft" at the National Research University Higher School of Economics in Moscow 2018, April 19.