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A Pragmatic Analysis of Labor Standards in Compliance with ILO and Islam: Bangladesh Perspective 符合国际劳工组织和伊斯兰教的劳工标准的语用分析:孟加拉国的视角
Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112033
Md. Hasnath Kabir Fahim
{"title":"A Pragmatic Analysis of Labor Standards in Compliance with ILO and Islam: Bangladesh Perspective","authors":"Md. Hasnath Kabir Fahim","doi":"10.4236/blr.2020.112033","DOIUrl":"https://doi.org/10.4236/blr.2020.112033","url":null,"abstract":"In this era of industrialization, laborers are said to be the key factor \u0000of industrial development of any country as the national economic stability \u0000directly or indirectly depends upon the standards of labor practice. The \u0000credence of labor rights bears staple importance where the International Labor \u0000Organization (ILO) acknowledges manifold rights and principles as the core \u0000international labor standards. Bangladesh, a Muslim majority country has \u0000promulgated the Bangladesh Labor Act in 2006 to accomplish its national \u0000obligation as a member of ILO. To this context, this research is an attempt to \u0000investigate the extent of compliance of Bangladesh labor laws and practices \u0000with the labor standards of ILO and Islamic principles of labor rights. This \u0000paper additionally tries to highlight the root causes of poor implementation \u0000mechanism and defects of labor law in Bangladesh. Finally certain \u0000recommendations are suggested for the fruitful and efficient implementation of \u0000labor standards to ensure rights and social justice to workers of every corner \u0000of the country and safeguard the national economy from innumerable loss.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115147348","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
An Overview of the Right to Strike in Nigeria and Some Selected Jurisdictions 尼日利亚和一些选定司法管辖区的罢工权概述
Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112029
Bokolo P. S. Giame, U. V. Awhefeada, O. K. Edu
{"title":"An Overview of the Right to Strike in Nigeria and Some Selected Jurisdictions","authors":"Bokolo P. S. Giame, U. V. Awhefeada, O. K. Edu","doi":"10.4236/blr.2020.112029","DOIUrl":"https://doi.org/10.4236/blr.2020.112029","url":null,"abstract":"This paper examines the right to strike in Nigeria and seeks to establish whether Nigerian workers under the various enactments, which purports to prohibit and criminalize strike action by workers amounts to a violation of their right to strike. The paper further examines the right to strike in some selected jurisdictions. The relevant constitutional provisions entrenching the fundamental right of freedom of association as well as the provisions of other national and international legal instruments which guarantee the right to strike as well as the right to collectively bargain on behalf of trade unions are discussed in detail. The paper reviews the law relating to industrial disputes in Nigeria and finds that it has remained oppressive on workers. In spite of this, workers have continued to use strikes in expressing their grievances. The paper argues for the express entrenchment of the right to strike in the Constitution and other relevant laws as obtainable in countries such as South Africa and Ghana. The doctrinal research method is employed in this paper.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133948855","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
Water Pollutants Discharge Permit Systems of the United States and China: A Comparison Using Referential Method 中美水污染物排放许可制度:参照法比较
Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112035
Ye Yuan, Yisong Li
{"title":"Water Pollutants Discharge Permit Systems of the United States and China: A Comparison Using Referential Method","authors":"Ye Yuan, Yisong Li","doi":"10.4236/blr.2020.112035","DOIUrl":"https://doi.org/10.4236/blr.2020.112035","url":null,"abstract":"Using a referential method, a comparative study is carried out on the USA \u0000Clean Water Act (CWA) and the PRC Water Pollution Prevention and Control Law (WPPCL). \u0000Both laws employ a discharge permit system to achieve their respective \u0000environmental goals. The focus of the study is on the comparison of the \u0000CWA/National Pollutants Discharge Elimination System and the WPPCL/Water \u0000Pollution Discharge Permit system. It is first pointed out that the comparison \u0000of environmental laws is not a “better-law comparison”. Instead, an \u0000environmental law in one country may be used as reference to examine how an \u0000environmental law in another country can be developed and implemented within \u0000the respective legal framework. Comparison between the USA CWA/NPDES and the \u0000PRC WPPCL/WPDP is made from the perspectives of law objectives, implementation procedures \u0000and enforcement actions. Several recommendations are then made to better design \u0000and implement the permit system in China, with respect to ethical premise, \u0000concrete law, discharge standards and enforcement.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130782343","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
A Comparative Analysis of Corporate Criminal Liability in Nigeria and Other Jurisdictions 尼日利亚与其他司法管辖区公司刑事责任比较分析
Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112027
K. .. Mrabure, Alfred Abhulimhen-Iyoha
{"title":"A Comparative Analysis of Corporate Criminal Liability in Nigeria and Other Jurisdictions","authors":"K. .. Mrabure, Alfred Abhulimhen-Iyoha","doi":"10.4236/blr.2020.112027","DOIUrl":"https://doi.org/10.4236/blr.2020.112027","url":null,"abstract":"This paper attempts a comparative analysis of corporate criminal liability in Nigeria, the United Kingdom, the United States and India. Candidly, it is trite that the law clothes a company with personality such that its rights and duties are distinct from those of its members, because a company is a legitimate entity. Under common law, companies are responsible for criminal offences subject to certain exceptions such as robbery, kidnapping, murder and rape. No mental state was required in this regard and the punishment that was then practicable was a fine that could simply be levied on a corporation. Presently, in offences involving proof of mens rea, companies will effectively be held liable by imputing the state of mind of employees and the directors who are the alter ego and directing minds of the corporation. While this is the position in Nigeria, the United Kingdom and the United States. India, however, is not in pace with the developments as well as they do not make corporations criminally liable and if or when they do, no other punishment is imposed on them except fine. The paper concludes by stating unequivocally that Nigeria should hold on to the alter ego doctrine due to its clarity and predictability but it should infuse the aggregation theory (collective knowledge) developed in the United States because that makes it easier for the prosecution of companies as against the single lane approach (the alter ego doctrine) which requires that companies should take responsibility for the persons having decision making authority for the policy of the corporation rather than the persons implementing such policies.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125949523","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: 2
Illegal Immigrant Policy in China: Comparative Study with Australia and Canada 中国的非法移民政策:与澳大利亚和加拿大的比较研究
Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112030
Tanjirul Islam, Guofu Liu
{"title":"Illegal Immigrant Policy in China: Comparative Study with Australia and Canada","authors":"Tanjirul Islam, Guofu Liu","doi":"10.4236/blr.2020.112030","DOIUrl":"https://doi.org/10.4236/blr.2020.112030","url":null,"abstract":"This paper is for seeing the illegal immigrant’s situation and policy of China, comparatively with Australia and Canada; also, finding out the safeguards for the illegal immigrants within those countries’ existing law and policy, but any permanent and convenient regulation as safety measure has not been found within those countries’ existing law and policy for the illegal immigrants. Rather, by the pushing back and detaining action against illegal immigrants by the host countries, the life and surviving of the illegal immigrants are being upside-down, they are getting scared in every pulse of their life in the host country, even after pushing back in other countries or home country. So, for getting a stable solution, it is demand of time to invent a new process for alleviating this issue with the ensuring safe-life of illegal immigrants. Hopefully, new initiative has mentioned by this study as the benefit of this research to get release from the heavy pressure of illegal immigrants.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129811571","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
Katz among the Pigeons: The Erosion of the Fourth Amendment of the Constitution of the United States of America 《鸽子中的卡茨:美利坚合众国宪法第四修正案的侵蚀》
Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112034
G. Minchin
{"title":"Katz among the Pigeons: The Erosion of the Fourth Amendment of the Constitution of the United States of America","authors":"G. Minchin","doi":"10.4236/blr.2020.112034","DOIUrl":"https://doi.org/10.4236/blr.2020.112034","url":null,"abstract":"In Katz v. United States the Supreme \u0000Court of the United States considered Fourth Amendment rights. This decision is seen as bolstering \u0000rights, as it rolled back previous decisions which restricted the scope of the \u0000Fourth Amendment. However, it did so by conceptualising the Fourth Amendment as \u0000a right to privacy when the text of the Amendment states it is to protect “the \u0000right of the people to be secure…”. This re-writing of the Fourth Amendment \u0000reduced a public “right of the people”, which reflects the broad societal \u0000perspective, to a merely personal right or interest. The Right was given \u0000broader scope but it was made weaker. In most circumstances a personal interest \u0000will be trumped by a public interest, such as law and order, because the latter \u0000will engage the interests of more people. What is lost is the public interest \u0000in restraining state power.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"67 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128027512","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
Global Investment Governance: A Call for Greater System Diversity and Rule Uniformity 全球投资治理:呼吁加强制度多样性和规则一致性
Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112037
Jia-wen Cui
{"title":"Global Investment Governance: A Call for Greater System Diversity and Rule Uniformity","authors":"Jia-wen Cui","doi":"10.4236/blr.2020.112037","DOIUrl":"https://doi.org/10.4236/blr.2020.112037","url":null,"abstract":"Investment liberalization and economic cooperation between countries assured the steady growth of FDI. However, the turbulence of the 2007-8 economic crisis increased risk for overseas investment, prompting many countries to “go it alone”. The crisis highlighted systemic tensions that the current neoliberal global investment regime seems unable to resolve, sowing discord among countries dependent on global investment for growth and development. This paper begins with the fundamental observation that the world has moved on from 1945 and posits that the first half of the 21st century should witness the gradual, managed formation of a new global investment framework. Governance theory should make contribution to the stability and predictability of global economy as it does in the global trade regime.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127859399","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 Legal Basis of Depositor’s Fund in Banking Systems: A Comparative Analysis 银行存款人基金的法律基础:比较分析
Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112036
H. Ismail
{"title":"The Legal Basis of Depositor’s Fund in Banking Systems: A Comparative Analysis","authors":"H. Ismail","doi":"10.4236/blr.2020.112036","DOIUrl":"https://doi.org/10.4236/blr.2020.112036","url":null,"abstract":"Banks generate a huge amount of profits by earning more money than what they pay in return to the customers although they depend heavily on depositor funds such as current and savings accounts. There are some reasons for banks not to return a part of the profits generated to the customers; one of the reasons is related to the legal basis in which the deposits are received. The paper examines, the legal basis of depositor accounts taking into consideration various legal and juristic views as expressed by scholars from different schools of law with the view of proposing specific solutions so as to ensure a fair distribution of profits between banks and their customers.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121831098","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
Corporate Governance and Protection of Stakeholders Rights and Interests 公司治理与利益相关者权益保护
Beijing Law Review Pub Date : 2020-03-25 DOI: 10.4236/blr.2020.111020
K. .. Mrabure, Alfred Abhulimhen-Iyoha
{"title":"Corporate Governance and Protection of Stakeholders Rights and Interests","authors":"K. .. Mrabure, Alfred Abhulimhen-Iyoha","doi":"10.4236/blr.2020.111020","DOIUrl":"https://doi.org/10.4236/blr.2020.111020","url":null,"abstract":"The paper takes a holistic view of corporate governance (CG) and protection of stakeholders’ rights and interests. It analyzes whether effective boards of directors in addressing shareholders’ interests prove to be effective in guaranteeing the interests of the rest of the firm’s stakeholders. It discusses how corporate governance should be shaped in relation to existing firms, according in particular to some subjective criteria of fairness and fair play. It defines CG and explains the concept by stating its principles and codes as contained in the Organization for Economic Cooperation and Development (OECD). It states that countries such as Nigeria, the United States and the United Kingdom have developed their CG principles with corporate social responsibility (CSR) intent by using as a guideline the OECD principles and other sources of rules and principles of CG which includes the Companies and Allied Matters Act, Investment and Securities Act and a host of others. It states that the concept of CG applies to corporate businesses across the globe by highlighting the importance and specifying the distribution of rights and responsibilities among various corporate stakeholders such as board members, managers, shareholders and outlining the rules and procedures for making decisions. In doing so, it also provides the mechanism by which the company’s objectives are set, ways to achieve these and monitoring performance. The paper acknowledges that CG is a vital issue where a corporate organization is concerned but asserts that it is impossible for an organization to satisfy all stakeholders hence it is best to create a balance between meeting organizational objectives and that of its stakeholders.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127793536","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: 13
Financing Problems as a Pretext for a Change in the Spanish Social Security System Model: The Role of Financial Institutions and Their Media 融资问题作为西班牙社会保障制度模式变革的借口:金融机构及其媒体的作用
Beijing Law Review Pub Date : 2020-03-06 DOI: 10.4236/blr.2020.111012
Arántzazu Vicente-Palacio
{"title":"Financing Problems as a Pretext for a Change in the Spanish Social Security System Model: The Role of Financial Institutions and Their Media","authors":"Arántzazu Vicente-Palacio","doi":"10.4236/blr.2020.111012","DOIUrl":"https://doi.org/10.4236/blr.2020.111012","url":null,"abstract":"This study summarizes the traditional characteristics of the Spanish Social Security System (generally taken from the European model), the different legal reforms that have come into force in recent years and the degree of penetration of important financial groups in the mass media which increased with the last financial crisis as well as the role developed by the insurance and financial entities benefiting from the change of model. The conclusion is that we are at the beginning of an interesting change in the Social Security model, aimed at the capitalization of social contributions by the private sector, which will obtain significant economic benefits in the management of old-age risk.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129701179","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
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