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International Journal of Public Law and Policy

Subject:
Law
Publisher:
Inderscience Publishers
Inderscience Publishers
ISSN:
2044-7663
Scimago Journal Rank:
4
journal article
LitStream Collection
Consumer autonomy – challenges from an unfair competition and human rights perspective

Weber, Rolf H.

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.051011

The relations between unfair competition and human rights in the market activity-oriented field, which have not yet been studied in-depth, need to realise an interests’ balancing test in the light of consumer autonomy, based on the assumption that a consumer as an individual also fulfils specific functions in the market and that human rights provide the liberty to make choices. A new concept would have to overcome the notion of the passive role of consumers and consequently the concept of defensive rights of consumers. Furthermore, if consumers are aware of risk assessments and precautionary measures, their autonomy can be exercised in a manner which leads to the situation that a policy shift away from protecting pure economic success to the detriment of health or safety or environmental concerns is occurring.
journal article
LitStream Collection
The community framework for the application of public procurement rules to contracting authorities and the Cypriot legal order

Emilianides, Achilles C.

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.051012

This paper provides an overview of the Court’s recent case-law in order to answer the question of the extent of the application of public procurement rules to contracting authorities. The aim of this paper is to analyse the effect that such application might imply for the Cypriot legal order in so far as the right to file recourse before the Supreme Court of Cyprus against contracting authorities is concerned. It is argued that the accession of Cyprus to the European Union and the Fifth Constitutional Amendment of 2006 according constitutional status to European Community law, has effectively overruled the case-law of the Supreme Court of Cyprus in accordance to which only legal persons of public law may be properly considered as contracting authorities.
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LitStream Collection
Dealing with uninvited and unwelcomed guests: a survey of current state legislative efforts to control illegal immigration within their borders

López, Victor D.

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.051013

The inability of the Congress to provide a solution to address illegal immigration have left states to shoulder the economic and social costs associated with the nearly 11 million unwelcomed guests within their borders. This paper examines the current legislative efforts in Arizona and eight other states intended to curb illegal immigration.
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LitStream Collection
Failed states: causes and consequences

Silva, Mario

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.051014

This article provides a scholarly evaluation of structural competency gaps that cause state failure and impact the international community. Failed states suffer from overlapping characteristics of structural competency failure including healthcare, education, food, a legitimate police force and economic sustainability; economic inequalities; loss of legitimacy and corruption, lack of social cohesion; failure in rule of law, loss of security and territorial control and systemic political instability. The emergence of a concept of sovereignty requires review of the post-modern state. The new social human security compact, globalisation and state decline has redefined a new global order. It may be in the best for failed states to have the international community operate in shared sovereignty or trusteeship. This article argues that international actors attempting to ‘fix’ failed states must address the issues affecting structural competency that have caused state failure.
journal article
LitStream Collection
A comparative review of workplace relations law in Australia, UK and Malaysia

Lim, Weng Marc

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.051015

This paper provides a comparative review of workplace relations law in Australia, UK and Malaysia. The review starts by looking at the history and institution of employment law, followed by the employees’ status, the role of implied terms within the contract of employment, and an evaluation of the development of the common law in the contract of employment. From the review, it was concluded that the common law’s impact in implying implied terms into the contract of employment has become a useful vehicle of rights and duties between employers, employees and third parties. Nonetheless, the development is some countries are still less desirable and should strive to follow the example of countries where the developments of these duties are rather desirable.
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