Beijing Law Review最新文献_第3页

“Who Is My Child?”—Implications of Judicial Rejection of Commune-Cultural Conceptions of the Family for Children’s Welfare in Nigeria “谁是我的孩子?”“-司法拒绝社区文化家庭概念对尼日利亚儿童福利的影响

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/BLR.2021.122026

Michael Attah, Elizabeth Iyamu-Ojo

引用次数: 0

Casualization of Labour: Implications of the Triangular Employment Relationship in Nigeria 劳动的临时工化:尼日利亚三角雇佣关系的含义

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/blr.2021.122036

G. G. Otuturu

{"title":"Casualization of Labour: Implications of the Triangular Employment Relationship in Nigeria","authors":"G. G. Otuturu","doi":"10.4236/blr.2021.122036","DOIUrl":"https://doi.org/10.4236/blr.2021.122036","url":null,"abstract":"Casualization is a global phenomenon. It is a form of nonstandard work arrangements practized in both developed and developing countries with varying degrees of regulation. Employers see it as a means of cutting costs and achieving flexibility, while workers see it as a work arrangement that denies them the right to employment benefits and to unionize and bargain collectively. This paper examines the concept of casualization and the implications of the triangular employment relationship in Nigeria in the context of international labour standards. It also examines the rights of casual workers to employment benefits and trade union rights in Ghana and China. It argues that the triangular or disguised employment relationship, which is the commonest form of casual employment in the banking and oil and gas sectors in Nigeria, fall outside the purview of the Labour Act. Amongst other things, the paper finds that the triangular or disguised employment relationship does not yield itself to the rights and benefits provided for workers in the traditional employment relationship and that it has segmented the labour market into core, non-core and peripheral zones. The paper calls for a comprehensive review of the Labour Act in line with international labour standards. It recommends the Ghana model with the necessary changes to suit local circumstances.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126811132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Power of an Arbitral Tribunal to Determine Its Own Jurisdiction in International Commercial Arbitration 仲裁庭在国际商事仲裁中确定其管辖权的权力

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/BLR.2021.122021

P. Kamanga

{"title":"The Power of an Arbitral Tribunal to Determine Its Own Jurisdiction in International Commercial Arbitration","authors":"P. Kamanga","doi":"10.4236/BLR.2021.122021","DOIUrl":"https://doi.org/10.4236/BLR.2021.122021","url":null,"abstract":"This article discusses the powers of an arbitral tribunal to determine its own jurisdiction. The determination of the question of the jurisdiction of a tribunal lies in its own domain at least in the first instance by virtue of the principle of competence-competence. The principle enables a tribunal to test its own jurisdiction and confirm the extent of its power. This is one of the pillars of arbitration as it promotes party autonomy. The positive aspect of this power of the tribunal is that it cures the excesses of jurisdiction or any lack of it by granting an objecting party with immediate remedy thereby saving costs and time. The downside of this power is that an objecting party may still be permitted under the English Act and the Model Law to revert to court during the proceedings if he is not happy. However, time is of the essence. The article rests on an accumulation of case law, current and secondary literature. It takes cognizance of the fact that parties to an arbitration agreement have, by virtue of their autonomy a choice of subjecting the arbitration proceedings to rules of arbitration. As such, this article uses the ICC Rules of Arbitration and the UNCITRAL Rules of Arbitration as reference sets of rules. An arbitral tribunal’s power to rule on its own jurisdiction is unique in the sense that it is a test of its jurisdiction. It is indeed an exceptional power as it helps define the extent a tribunal’s powers and therefore becomes its own judge when queried. This power is important as it enables the arbitration proceedings to progress as scheduled.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116920451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Integrating the Informal Social Security Arrangements into the Formal Sector in Botswana 将非正式社会保障安排纳入博茨瓦纳的正式部门

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/BLR.2021.122031

K. Solo

引用次数: 1

Towards Maintaining Peacefulness of the Sea: Legal Regime Governing Maritime Safety and Security in Nigeria 致力于维护海上和平:尼日利亚海上安全和安保的法律制度

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/BLR.2021.122029

E. O. Babatunde, Mutiat Mobolanle Abdulsalam

{"title":"Towards Maintaining Peacefulness of the Sea: Legal Regime Governing Maritime Safety and Security in Nigeria","authors":"E. O. Babatunde, Mutiat Mobolanle Abdulsalam","doi":"10.4236/BLR.2021.122029","DOIUrl":"https://doi.org/10.4236/BLR.2021.122029","url":null,"abstract":"This study examined the development of international and municipal laws on maritime safety and security and identified the challenges undermining the efficiency of the provisions at combating security threats within the Nigerian maritime space. The study relied on primary and secondary sources of information. The primary sources included the United Nations Convention on the Law of the Sea (UNCLOS) 1982, Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation 1988, the Safety of Lives at Sea (SOLAS) Convention 1974, municipal legislations and Judicial decisions. While the secondary sources included books, journal articles, conference proceedings and the internet. It was found that there is an array of international laws addressing maritime safety and security. It was further found that the effectiveness of these international maritime laws in Nigeria is undermined by inadequate implementation traceable to socio-legal, institutional and political issues in the country. The study recommends adoption of functional legal, institutional and policy measures to address the various implementation challenges, address maritime safety and security threats in the Nigerian maritime domain and aid the maximization of the nation’s maritime resources to facilitate development.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"144 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121716274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Arab Charter on Human Rights & International Conventions 阿拉伯人权宪章和国际公约

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/BLR.2021.122024

Jun-Yi Mao, Ammar Ahmad Ahmad Gady

引用次数: 0

The China-Philippines South China Sea Dispute: A Selective Critique of the PCA Award 中菲南海争端:对常设仲裁法院裁决的选择性批判

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/blr.2021.122035

P. Mukherjee, Huiru Liu, Minna Yu

{"title":"The China-Philippines South China Sea Dispute: A Selective Critique of the PCA Award","authors":"P. Mukherjee, Huiru Liu, Minna Yu","doi":"10.4236/blr.2021.122035","DOIUrl":"https://doi.org/10.4236/blr.2021.122035","url":null,"abstract":"This article is a critique of selected issues of the Award handed down by the Permanent Court of Arbitration, referred to as “PCA” or “the Tribunal”, in the 2016 Philippines-China Arbitration. It points out that the Award was entirely in favour of the Philippines which had unilaterally initiated the arbitration; no regard whatsoever was paid to the position of China as expressed in various official Government documents. China refused to participate in the arbitration proceedings on the grounds that by written declaration it had withdrawn from the compulsory procedures for dispute resolution set out in the United Nations Convention on the Law of the Sea, 1982 (UNCLOS). As such, China rejects the legal validity of the Award and has declared it to be unenforceable. In this article, the doctrinal research method is employed to carry out a comparative analysis of the opinion expressed by the Tribunal and the position adopted by China in terms of the interpretation and application of Article 298(1), in relation to China’s withdrawal from the procedures provided in Section 2 of Part XV. Since the publication of the Award, a significant amount of legal literature has been produced, much of which is supportive of the Award. This article presents an alternative viewpoint from a Chinese perspective. It is submitted in unison with the Chinese position that the Tribunal lacked jurisdiction to undertake the arbitration. The article selectively discusses the Chinese position based on China’s perception of historical title over the maritime features in the South China Sea and its view that the dispute concerns sovereignty over those maritime features which is outside the scope of UNCLOS. The article concludes that its aim is to underscore the need for an objective and unbiased approach to dispute resolution by tribunals in the field of international sea law and that the better way forward for both states is to continue negotiations.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134000363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Problem of Defining Terrorism under International Law: Definition by the Appeal Chamber of Special Tribunal for Lebanon as a Solution to the Problem 根据国际法给恐怖主义下定义的问题:黎巴嫩问题特别法庭上诉分庭的定义作为该问题的解决办法

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/blr.2021.122033

H. Bekele

引用次数: 1

The Legitimacy of Military Intervention in Yemen and Its Impacts 军事干预也门的合法性及其影响

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/BLR.2021.122030

Jun-Yi Mao, Ammar Ahmad Ahmad Gady

引用次数: 1

An Examination of the Position of the Law on Alternative Care for Children in Edo State 审查《埃多州儿童替代照料法》的地位

Beijing Law Review Pub Date : 2021-04-08 DOI: 10.4236/BLR.2021.122022

Stella O. Idehen, Maryam Cam

引用次数: 1