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41. Multiple Violations of Labor Market Regulations: Patterns in the Peruvian Labor Market and the Impact of Enforcement

Author:
Mariana Viollaz
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Center for Distributive, Labor and Social Studies (CEDLAS)
Abstract:
This paper quantifies labor law violations and how the enforcement efforts impact on the compliance level by considering the possibility of different labor regulations being violated simultaneously. The findings for the Peruvian labor markets over the period 2004-2013 indicate that: (i) multiple violations of labor regulations are an important feature of Peruvian labor markets; (ii) young workers, workers with low level of education, indigenous workers, workers in micro firms and workers employed in the agricultural sector have higher chances of being deprived of several labor benefits simultaneously; (iii) the enforcement of labor regulations, captured through the number of labor inspections at the region level, is effective in detecting and penalizing extreme situations of multiple violations of the labor law, but the evidence also suggests that firms adjust only partially as an attempt to reduce the amount of a potential fine if discovered, and that laid off workers during the adjustment process moved to the informal sector where firms are not inspected. These findings are useful from a policy perspective indicating that there is space to improve firms’ incentives when facing an increase in the enforcement effort.
Topic:
Economics, Labor Issues, Law Enforcement, Law, Regulation, Labor Policies, and Economic Policy
Political Geography:
Latin America and Peru

42. Representation of Women in the Judiciary in Turkey

Author:
Bertil Emrah Oder
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The recently announced Judicial Reform Strategy was subject to public debate with a series of promises ranging from issuing green passports to lawyers as a privileged of visa exemptions to the introduction of an appeal process in criminal cases concerning the freedom of expression.1 The fundamental shortcoming of this new strategy and other reform efforts is the lack of a specific agenda on the representation of women professionals in the judiciary, especially in the leading positions including the apex courts. Policies on women’s representation in the judiciary remained “invisible” in recent reform efforts on judicial policies.
Topic:
Gender Issues, Law, Women, Inequality, Courts, Criminal Justice, and Representation
Political Geography:
Turkey and Middle East

43. 5 Years Of The Law On Foreigners And International Protection: Problems Of Implementation And Suggested Solutions

Author:
Hakkı Onur Arıner
Publication Date:
09-2019
Content Type:
Policy Brief
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
Turkey’s Law on Foreigners and International Protection (LFIP) was adopted on 4 April 2013 by the Turkish Grand National Assembly. In the five years that has passed since the coming into force of the LFIP in its entirety, it appears that the LFIP has been made to adapt to the conditions of Turkey, rather than the other way around, due to the sheer unexpected size of the phenomenon of immigration into Turkey, and the challenges encountered in establishing the institutional capacity and the inter- institutional cooperation necessary to deal with the inflows as required by the Law.
Topic:
Government, Human Rights, Migration, Refugee Issues, and Law
Political Geography:
Turkey and Middle East

44. The parting of the seas: norms, material power and state control over the ocean

Author:
Rodrigo Fracalossi de Moraes
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
Revista Brasileira de Política Internacional (RBPI)
Institution:
Brazilian Center for International Relations (CEBRI)
Abstract:
The paper argues that the norm of sovereignty was extended to sea areas with only minor adaptations. Using an English School approach, it explores the political evolution of control over the seas, demonstrating why and how the norm of sovereignty prevailed over alternative norms and principles regulating control of the seas. The paper then compares the positions of Brazil, China and the United States on the current international regime of the ocean.
Topic:
Sovereignty, Law, Maritime, and Jurisdiction
Political Geography:
Global Focus

45. Bolton’s Stated Predicate for War With Iran Doesn’t Work

Author:
Oona A. Hathaway
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The President’s National Security Advisor John Bolton has long been beating the drums of war with Iran. Those drums are growing louder. In the last month, Bolton has repeatedly threatened that Iran’s support for its “proxies” could bring “a very strong response”—even military force. By threatening military action against Iran in retaliation for the acts of groups it supports, Bolton is trying to frame a war on Iran as a justified—even righteous—act of self-defense even if he cannot prove that Iran itself has participated in any attacks. Such a war would, however, be illegal.
Topic:
Foreign Policy, Diplomacy, Military Strategy, Law, and Conflict
Political Geography:
Iran, Middle East, North America, and United States of America

46. Citizenship, the Vector of Present? Considerations de lege lata Based on the Polish Domestic Law

Author:
Małgorzata Babula
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The modern world is opening up to a series of innovations, differences and broad- ly understood diversity. The pace of changes becomes a peculiar substructure of creating patchwork nations. The variety of races, colors, religions and cultures. All of the above con- tain a point which, like an electron, resembles an omnipresent “variant”. This constant value is a human being. We are accompanied by a sense of belonging to a specific place, culture and values. On this basis, we expect something (e.g. having rights and freedoms). Citizenship seems to be a binder that puts us in a clearly narrowed community with certain values and often allows us to distinguish our own “self ”. Created by history, absorbing presence, citizen- ship is an important element of our affiliation to the country, to culture and to the values hid- den behind them. In the world of diversity, it seems to be a desirable and important element. The purpose of this article is to discuss the contemporary role assigned to citizenship, as well as to show the citizenship as a factor shaping the position of the individual and justifying the distinction made in specific areas of human functioning in the state.
Topic:
Law, Constitution, Citizenship, Civil Rights, and Domestic Policy
Political Geography:
Europe and Poland

47. A Socio Political Status of Minorities in Pakistan

Author:
Iram Khalid and Muhammad Rashid
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The groups of people based on religion, language or ethnicity living in a state but in lesser numbers are called minorities. The minority groups have been living in Pakistan amicably since independence and have been playing their active role in the development of society especially in education and health sectors. Despite being living in conducive environment as good and responsible citizens, the minority groups have been facing inequality, discrimination and victimization by both the state and society. These minorities have been marginalized in almost every segment of life including employment, education, and top of all-the religious freedom. The minorities, especially the Christians have some serious issues about their security and often mention that they have been targeted especially under Blasphemy Law in which they have been prosecuted in the name of religion. Most of these blasphemy cases have been found out to be the result of personal enmity and religious vendettas. The government needs to address these issues of minorities on emergency footings for an inclusive and moderate Pakistani society.
Topic:
Religion, Law, Minorities, and Freedom of Religion
Political Geography:
Pakistan and South Asia

48. Guiding and Protecting Prosecutors: Comparative Overview of Policies Guiding Decisions to Prosecute

Author:
Howard Varney, Shenali De Silva, and Alexandra Raleigh
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Prosecution guidelines provide benchmarks for decision making and act as a shield for prosecutors in the face of undue influence, pressure, or interference. Prosecutors pursuing sensitive cases, such as those involving mass atrocities, ought to do so by applying binding, objective, fair and publicly known criteria. This report presents a comparative overview of prosecution guidelines from around the world in "ordinary" times and in the context of post-conflict transitions.
Topic:
Law, Transitional Justice, Criminal Justice, and Justice
Political Geography:
Global Focus

49. Costs and Benefits of Investment Treaties: Practical Considerations for States

Author:
Lisa Sachs, Lise Johnson, Brooke Güven, and Jesse Coleman
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
This paper analyzes the expected benefits of investment treaties, including: increased inward investment, increased outward investment, and depoliticization of investment disputes. It then considers evidence of the costs of investment treaties, including: litigation, liability, reputational cost, reduced policy space, distorted power dynamics, reduced role for domestic law-making, and uncertainty in the law. The authors set forth practical steps that states can take relating to both existing treaties as well as future treaties with an objective of increasing desired benefits and decreasing unexpected and high costs of investment treaties.
Topic:
Treaties and Agreements, Law, Legal Theory, and Investment
Political Geography:
Global Focus

50. Closing the Enforcement Gap: Community-led Groundtruthing of Environmental Violations in Mormugao, Goa

Author:
CPR-Namati Environmental Justice Program
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
The Mormugao Port is located at Vasco bay in the Mormugao taluka of Goa at the point where the Zuari river meets the Arabian Sea. This region is home to thousands of fisherfolk from the Karvi community who live along the beaches of Mormugao, Salcete and Tiswadi talukas. It is a natural harbour that provides safe haven for ships and fishing vessels during storms, like it did in 2017 when cyclone Okchi hit this coast. The lives and livelihood of these fisherfolk are intrinsically linked to the activities of Mormugao port as they have had to share their customary livelihood areas – the sea and the beaches – with the port. This has resulted in them competing for space for their daily activities like fish landing, boat parking, net mending, and even housing with the port and its infrastructure development on the landward side, and competing with larger shipping vessels for navigation space and access to certain parts of Vasco bay. It was in this backdrop, that a community led groundtruthing study was initiated in April 2018 by Old Cross Fishing Canoe Owners Co-op Society Ltd, Baina Ramponkar, Fishing Canoe Owners Society, Destierro Fisherman Association – Vasco, Goenchea Raponkarancho Ekvott (GRE) and the Centre for Policy Research (CPR)-Namati Environmental Justice Program with support from concerned citizens of Vasco and the Federation of Rainbow Warriors.This groundtruthing study is also an attempt by the affected community members to understand the environmental impacts of these berths, link them to the regulatory requirements and then push for compliance of the same.
Topic:
Environment, Law Enforcement, Law, and Regulation
Political Geography:
South Asia, India, and Asia