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Domestic Law (domestic + law)
Selected AbstractsEmployee Rights on Transfer of Undertakings: Italian Legislation and EC LawEUROPEAN LAW JOURNAL, Issue 1 2008Marco Novella The investigation takes place on the assumption that the principle of primacy of Community law applies, which first and foremost means that it must be verified whether the domestic legislation in question complies with the interpretation given to the relative provisions of Community law. According to the authors' opinion, domestic law could be judged as non-conforming to the interpretation that has been given by the Court of Justice, so that the question may be brought before the Court of Justice ex Article 226 EC or by recourse to the preliminary ruling procedure under Article 234 EC, which reveal cases of incorrect implementation of the Directive. [source] McGrath v Riddell: A flexible approach to the insolvency distribution rules?INTERNATIONAL INSOLVENCY REVIEW, Issue 1 2010Blanca Mamutse The rules relating to the division of the insolvent estate assume considerable importance in the field of international insolvencies, where different legal systems interact. International instruments including the European insolvency regulation and the UNCITRAL Model Law on Cross-Border Insolvency have provided a framework which governs the relationship between local and foreign distribution schemes. For English lawyers, questions remain however regarding the future role of the courts' statutory power to cooperate with the courts of ,relevant' countries or territories, and of the common law principle of universalism. An important issue connected to the determination of such questions is the established judicial approach to the pari passu rule, in the application of domestic law. This paper examines the manifestation of this tension in the litigation arising from the collapse of the HIH Casualty & General Insurance group of companies. It notes the scope which remains for continued resort to the statutory power of cooperation, and the potential for the Cross-Border Insolvency Regulations 2006 to encourage a more flexible approach to resolving differences between distribution schemes. Copyright © 2010 John Wiley & Sons, Ltd. [source] The Duty of States to Assist Other States in Need: Ethics, Human Rights, and International LawTHE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 4 2007Lawrence O. Gostin In this article, Gostin and Archer explore the varied lenses through which governments are obligated to address humanitarian needs. States'responsibilities to help others derive from domestic law, political commitments, ethical values, national interests, and international law. What is needed, however, is clarity and detailed standards so that States can operationalize this responsibility, making it real for developing countries. Transnational cooperation needs to be more effective and consistent to provide assistance for the world's poorest and least healthy people. [source] Psychologists and the Use of Torture in InterrogationsANALYSES OF SOCIAL ISSUES & PUBLIC POLICY, Issue 1 2007Mark Costanzo This article argues that psychologists should not be involved in interrogations that make use of torture or other forms of cruel, inhumane, or degrading treatment. The use of torture is first evaluated in light of professional ethics codes and international law. Next, research on interrogations and false confessions is reviewed and its relevance for torture-based interrogations is explored. Finally, research on the negative mental health consequences of torture for survivors and perpetrators is summarized. Based on our review, we conclude that psychologists' involvement in designing, assisting with, or participating in interrogations that make use of torture or other forms of cruel, inhumane, or degrading treatment is a violation of fundamental ethical principles, a violation of international and domestic law, and an ineffective means of extracting reliable information. Torture produces severe and lasting trauma as well as other negative consequences for individuals and for the societies that support it. The article concludes with several recommendations about how APA and other professional organizations should respond to the involvement of psychologists in interrogations that make use of torture or other forms of cruel, inhumane, or degrading treatment. [source] Baby K's unlawful removal: practice issues in the emergency protection of childrenCHILD ABUSE REVIEW, Issue 3 2010Mike Freel Abstract This paper addresses the legal and practice issues raised by a particular case in the UK. In January 2008, less than three hours after his birth, Baby K was removed from his mother's care by hospital staff and placed in a separate ward. At a High Court hearing later that morning, it was ruled that the removal of Baby K was unlawful. Important practice issues are raised by this ruling. After setting out the circumstances under which Baby K was removed from his mother, this paper considers a number of issues raised by the case: (i) what constitutes lawful removal under domestic law; (ii) European jurisprudence and domestic law in relation to emergency removal at birth; (iii) parental consent to removal; (iv) professionals' liability for breaches of human rights; and (v) the role of child protection plans in safeguarding children. Copyright © 2010 John Wiley & Sons, Ltd. [source] Building Intercultural Citizenship through Education: a human rights approachEUROPEAN JOURNAL OF EDUCATION, Issue 2 2008RODOLFO STAVENHAGEN This article analyses the challenges posed by traditional ethnic and linguistic minorities in multicultural states and more specifically the problems faced by indigenous peoples and communities. Their educational and cultural needs and demands are increasingly being framed in the language of human rights, based on the expanding international legal and institutional human rights system. The United Nations World Conference on Human Rights, held in Vienna in 1993, endorsed a rights-based approach to development, human rights education is a growing field in educational practice, respect for cultural diversity is now enshrined in international and domestic laws, and the right of every person to education and to culture has become a mainstay of international human rights principles to which a majority of the world's states has subscribed. 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