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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
Free to wear whatever they want? The Muslim veil and school symbolism in the law and politics of the USA

Salton, Herman Tutehau

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.054743

The 9/11 terrorist attacks were followed by a resurgence of Islamophobia around the world, especially in the USA. Partly as a result of this, religious insignia in general – and the Muslim headscarf in particular – have attracted considerable controversy, especially in relation to school education. But what exactly is their place in US law? Does the US Constitution, and particularly the First Amendment, protect such signs and can it be used as an effective legal tool to defend those students who turn up to class in religious clothing? The issue strikes at the heart of the US attachment to religious freedom but it also touches a raw nerve in post-9/11 America and raises another intriguing question: are all school symbols equal or are some more acceptable than others? This article considers these important issues by reviewing some of the most topical US judicial decisions on school dress codes and religious insignia. It concludes that the right of students to express a religious message is treated differently than the right to express a non-religious one. Furthermore, the article highlights the fact that it is mainly politicians, rather than judges or lawyers, who are the most strenuous defenders of the right to wear religious symbols in school.
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Tying and bundling: applying EU competition rules for best practices

Maziarz, Aleksander

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.054744

Tying and bundling are examples of practices that constitute abuse of a dominant position within the meaning of art. 102 TFEU. Such practices can take many various forms – from technological tying to mixed bundling. There are many reasons for tying. One of them is that companies can reduce costs by offering together products and provide customers with products of better quality or cheaper. On the other hand in most cases the European Commission of the EU courts had found that tying practices were aimed at causing damage to competitors or customers. The article presents case law of the EU Courts and the decisions of European Commission concerning tying practices. It focuses conditions that have to be met in order to classify the practice of the company as abuse of dominant position.
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Problems and challenges in the EU sustainable consumption and production action plan

Kielin-Maziarz, Joanna

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.054745

The challenges today are to move towards an energy and resource efficient economy in order. The EU Commission presented a series of proposals in the Sustainable Consumption and Production Action Plan in 2008 aimed at integrating environmental sustainability with economic growth and welfare whilst improving the environmental performance of the products. The proposal contained norms such as the Ecodesign Directive, Ecolabel legislation, EMAS Regulation and the Green Public Procurement scheme. These norms are included in the Action Plan and they create the ‘key actions’, which aim is to realise the strategy. The evaluation of the norms was carried by the study of their amendments and on the basis of the reports prepared for the European Commission. The aim of the paper is to consider the possibility of realisation of the norms predicted by the Sustainable Consumption and Production Action Plan and to indicate the problems which are connected with their implementation.
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LitStream Collection
Notice of invitation to appear: the statutory notice period in the Migration Review Tribunal and the Refugee Review Tribunal in Australia

Ogawa, Megumi

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.054746

Applicants with the decisions from the Migration Review Tribunal and the Refugee Review Tribunal often appeal those decisions of the Tribunal on the ground that the Tribunal, when it rescheduled a hearing, failed to give notice of the hearing to the applicant in compliance with the prescribed period of notice. Since the Full Court ruling in the matter of Minister for Immigration and Multicultural and Indigenous Affairs v SZFML (2006) 154 FCR 572, the courts have continued to dismiss appeals on this ground. This article challenges the authorities. It first sets out the relevant provisions of the Migration Act 1958 (Cth) and the precise question at issue. It then analyses the leading case, SZFML , and elucidates its deficiencies. Finally, the article embarks upon the interpretation of the legislation to establish the departure of SZFML from the words of the legislation.
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LitStream Collection
Beyond nationality towards a consciousness of ‘inter-nationality’: balancing force and power

Lakhani, Avnita

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.054747

This article analyses how changing notions of state sovereignty and the evolving role of individuals in society affect the way in which disputes can be effectively resolved. In a globalised society, nationality and all its inherent characteristics need to be balanced and viewed in light of the international nature of technology, investment, trade, and education. This paper argues that in an era of globalisation facilitated by an age of technology, parties to national and international disputes must transcend traditional notions of nationality and work from a consciousness of ‘inter-nationality’ in order to find balanced and effective diplomatic solutions to today’s disputes.
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WTO and fisheries: has Kenya really partaken?

K’Omolo, Erick

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.054748

The question of less advanced countries participation at the WTO has been much debated in recent years. The ongoing fisheries negotiation is one such area where the role of less advanced countries promises to be crucial in influencing the framework of a future discipline. Already the Doha and Hong Kong Ministerial mandates gave sufficient impetus for less advanced countries involvement by reiterating the centrality of fisheries to their economies and directing speedy discussions respectively. Although fisheries negotiation has progressed comparatively faster than other items on the table at Doha, no consensus is on sight yet while reports of declining stocks in the less advanced countries is abound. The essay, as part of an ongoing research, evaluates how and what contribution less advanced countries have made in shaping fisheries negotiation. It focuses on Kenya as part of this group by retracing her position, if any, on fisheries in both GATT and WTO. Two preliminary conclusions are made. First that though fisheries have undoubtedly been important to Kenya’s economy, her trade policy in the sector is vague. Finally, it is observed that Kenya has abandoned an initial unilateral approach to negotiations for a more collegial approach.
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A helping hand: the influence of the 1997 OECD convention in the Italian fight against corruption

Gualtieri, Donato

2013 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2013.054749

In recent years, the fight against corruption has emerged as a major issue at the global level. This paper deals with the existing dialectic between national interest and the necessity of a shared responsibility in relation to the judicial enforcement of regional and universal conventions. After a brief recall at the historical background, the analysis of the current legal framework poses a methodological doubt: the international fight against corruption proves to be largely unsatisfying. Unique exception is the success of the OECD Anti-Bribery Convention. Using Italian situation as a case study, the paper attempts to demonstrate how the combination of peer reviews and political pressure among states works as a stimulus to domestic implementation. Identifying in judicial enforcement an interest worthy of protection at the universal level, the paper proposes to make the UNCAC pilot review programme a permanent tool modelled on the OECD peer review control.
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