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Regulating Temporary Employment: Equal Treatment, Qualified

Leah F. Vosko

in Managing the Margins: Gender, Citizenship, and the International Regulation of Precarious Employment

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199574810
eISBN:
9780191722080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199574810.003.0006
Subject:
Business and Management, Political Economy, HRM / IR

This chapter analyses contemporary regulations addressing precariousness in forms of employment diverging from the SER's central pillar of continuous employment. The analysis centres on the 1999 EU ... More


Cloud Privacy Law in the United States and the European Union

Andrea Renda

in Regulating the Cloud: Policy for Computing Infrastructure

Published in print:
2015
Published Online:
May 2016
ISBN:
9780262029407
eISBN:
9780262331166
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262029407.003.0005
Subject:
Computer Science, Programming

This paper reviews the legal framework for data protection in the US and the EU and the attempts made in both jurisdictions to adapt the framework to the challenges posed by cloud computing and the ... More


Human Rights to Family Life and Family Migration

Cathryn Costello

in The Human Rights of Migrants and Refugees in European Law

Published in print:
2015
Published Online:
March 2016
ISBN:
9780199644742
eISBN:
9780191741128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644742.003.0004
Subject:
Law, EU Law, Human Rights and Immigration

The human right to family life provides the basis for national and supranational judicial scrutiny of restrictions on migration of families, in particular family reunification. Family migration ... More


Harmonisation and Diversity in the Private International Law of Mediation: The Rhythms of Regulatory Reform *

Nadja Alexander

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0002
Subject:
Law, Comparative Law, Private International Law

This chapter explores the private international law on mediation, which is an emerging dispute resolution field and the subject of considerable regulatory reform. It begins by exploring the role of ... More


The EU’s Internal Market and the Fragmentary Nature of EU Labour Migration

Elspeth Guild

in Migrants at Work: Immigration and Vulnerability in Labour Law

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714101
eISBN:
9780191782657
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714101.003.0006
Subject:
Law, Human Rights and Immigration, Employment Law

This chapter examines how the EU creates an EU-wide labour market, but only for some, principally for those who are EU citizens, ie those who hold the nationality of the Member States. For these ... More


Constructing Migration Status

Cathryn Costello

in The Human Rights of Migrants and Refugees in European Law

Published in print:
2015
Published Online:
March 2016
ISBN:
9780199644742
eISBN:
9780191741128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644742.003.0003
Subject:
Law, EU Law, Human Rights and Immigration

This chapter explores the notion of legal and illegal immigration from a dynamic and multilevel perspective. With this perspective, the binary structure of legal/illegal becomes blurred, presenting ... More


Interoperability Overseas

Jonathan Band and Masanobu Katoh

in Interfaces on Trial 2.0

Published in print:
2011
Published Online:
August 2013
ISBN:
9780262015004
eISBN:
9780262295543
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262015004.003.0005
Subject:
Information Science, Information Science

This chapter reviews the interoperability debate in the Pacific Rim, with stops in Australia, Singapore, Hong Kong, South Korea, and the Philippines. It discusses the Copyright Amendment Act of 1984 ... More


The EU Deposit Insurance Directive: Does One Size Fit All?

Harry Huizinga

in Deposit Insurance around the World: Issues of Design and Implementation

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262042543
eISBN:
9780262271462
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262042543.003.0007
Subject:
Economics and Finance, Econometrics

This chapter focuses on and evaluates the EU Directive and questions the harmonization of deposit insurance policies on an international scale. EU member states are obligated to adopt explicit ... More


The Application of International Legislation: Is the Federalisation of Anti-trafficking Legislation in Europe Working for Trafficking Victims?

Adam Weiss

in Human Trafficking: The Complexities of Exploitation

Published in print:
2016
Published Online:
January 2017
ISBN:
9781474401128
eISBN:
9781474418683
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474401128.003.0003
Subject:
Political Science, International Relations and Politics

Chapter 3 examines the complicated nature of the European legal system in the area of human trafficking and how Council of Europe and European Union legal instruments have resulted in some confusion ... More


The Legal Status of Persons to Whom the Refugee Convention Does Not Apply

JANE McADAM

in Complementary Protection in International Refugee Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199203062
eISBN:
9780191724169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203062.003.0007
Subject:
Law, Public International Law

Regarding the issue of status in the context of the EU Qualification Directive, it has been argued that there is no legal justification for differentiating the rights of beneficiaries of ... More


Defining Protection: Refugeehood, , and Human Rights

Cathryn Costello

in The Human Rights of Migrants and Refugees in European Law

Published in print:
2015
Published Online:
March 2016
ISBN:
9780199644742
eISBN:
9780191741128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644742.003.0005
Subject:
Law, EU Law, Human Rights and Immigration

This chapter deals with refugees. The Convention on the Status of Refugees 1951 (with its 1967 Protocol) is the pre-eminent global protection instrument. Its non-refoulement guarantee in particular ... More


Data Power and Geographical Reference Frames

Stefan Bargheer

in Moral Entanglements: Conserving Birds in Britain and Germany

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226376639
eISBN:
9780226543963
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226543963.003.0008
Subject:
Sociology, Culture

Chapter 7 analyzes how the differences in bird conservation between Britain and Germany have diminished as a result of the establishment of a European legal framework for nature conservation. A ... More


Deposit Overinsurance in EU Accession Countries

Nikolay Nenovsky and Kalina Dimitrova

in Deposit Insurance around the World: Issues of Design and Implementation

Published in print:
2008
Published Online:
August 2013
ISBN:
9780262042543
eISBN:
9780262271462
Item type:
chapter
Publisher:
The MIT Press
DOI:
10.7551/mitpress/9780262042543.003.0008
Subject:
Economics and Finance, Econometrics

This chapter explores the two major phases of the dynamics of deposit insurance (DI) systems. The first phase involves the implicit and full DI inherited from EU’s socialist past, while the second ... More


Privatising Civil Justice and the Day in Court

Rainer Kulms

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0003
Subject:
Law, Comparative Law, Private International Law

Courts step in when private ordering breaks down. Litigation strategies maximise the parties' utilities, but ignore negative externalities. There is a growing awareness that it is sub-optimal to ... More


Mediation in Germany: The German Mediation Act—Alternative Dispute Resolution at the Crossroads

Peter Tochtermann

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0008
Subject:
Law, Comparative Law, Private International Law

Until now mediation has led a quite shadowy existence in Germany and has not yet become a significant part of the legal landscape. This might change in the near future, as the German legislature has ... More


The Scope of Ill-Treatment under the ECHR and ICCPR

JANE McADAM

in Complementary Protection in International Refugee Law

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199203062
eISBN:
9780191724169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203062.003.0005
Subject:
Law, Public International Law

The scope of non-refoulement is recognized under international law as extending beyond article 33 of the Refugee Convention to encompass torture. Article 3 of the European Convention on Human Rights ... More


Mediation in the Netherlands: Between State Promotion and Private Regulation

Liane Schmiedel

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0013
Subject:
Law, Comparative Law, Private International Law

Alternative dispute resolution has a long-standing tradition within the Netherlands. Consequently, the Netherlands government has actively promoted mediation since the end of the 1990s, instigating ... More


Mediation in Portugal: Growing Up in a Sheltered Home *

Jan Peter Schmidt

in Mediation: Principles and Regulation in Comparative Perspective

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199653485
eISBN:
9780191758270
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653485.003.0015
Subject:
Law, Comparative Law, Private International Law

Over the last 15 years, Portugal has increasingly developed mediation as a means of alternative dispute resolution. The legislature has so far adopted a piecemeal approach and created independent ... More


The Right of Irregular Immigrants to Back Pay: The Spectrum of Protection in International, Regional, and National Legal Systems

Elaine Dewhurst

in Migrants at Work: Immigration and Vulnerability in Labour Law

Published in print:
2014
Published Online:
January 2015
ISBN:
9780198714101
eISBN:
9780191782657
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714101.003.0012
Subject:
Law, Human Rights and Immigration, Employment Law

This chapter provides a wide-ranging survey of the right to back pay of irregular migrants by examining international, regional, and diverse national systems. It analyses various human rights ... More


‘Regulation means bad’: environmental justice in the United Kingdom

Karen Bell

in Achieving environmental justice: A cross-national analysis

Published in print:
2014
Published Online:
September 2014
ISBN:
9781447305941
eISBN:
9781447302933
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447305941.003.0006
Subject:
Political Science, Public Policy

Environmental justice, as a concept, emerged in the UK in the late 1990s, mainly via the academic community, which became interested in the interrelationships between geographical space and ... More


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