Search Results

1 - 4 of 4 items :

  • "survivability" x
  • European Law x
Clear All
Functioning of the Quasi-Labor Market under Socialism: Clash between Ideology and Reality

, despite the stability, the gap between wages in services and in sectors such as industry, construction and transport had increased, reflecting the surviving interest of the regime to keep workers on its side. It also follows from the above mentioned that the managers did not have the possibility to influence the amount of these wages. Therefore, their manoeuvring space was limited to the payment of bonuses from the reward fund (Operating deputy in transport <ID009>). There were some possibilities how to improve one’s wage. One of them were improvement proposals. These

Open access
Admission of Extrinsic Evidence for Contract Interpretation: The International Arbitration Culture in Light of the Traditional Divisions

Abstract

Mergers and acquisition (M&A) operations generally follow wide due-dil­igence and investigation works. This suggests that a lot of elements outside of the final contract could help the judge or arbitrator interpret the intent of the parties. Yet, the common law tradition usually includes a so-called ‘parol evidence rule’ (PER) that pro­hibits the use of such evidence to this end, among numerous exceptions. Other legal tradition such as the civil law don’t include such rule. As transnational M&A operations now generally use international commercial arbitration (ICA) as a way to solve potential disputes, parties can wonder if these extrinsic evidence can be used in an ICA context, given its multicultural legal habits. To answer this question, this article analyses the cultural roots that explain the existence or absence of the PER, and matches them with the specificities of ICA. There are two main explanations for the distinction between common law and civil law regarding the PER. One is substantial and regards the con­tractual interpretation approach. The second depends on the culture regarding evidence and the existence of exclusionary rules. These two explanations don’t survive in ICA. Moreover, the specificities of ICA tend to encourage the admission of extrinsic evidence in contractual interpretation.

Open access
Less is More or More is More? Revisiting Universality of Human Rights

Abstract

Human rights are much talked about and much written about, in academic legal literature as well as in political and other social sciences and the general political debate. Indeed, they are so oft en referred to and used as a basis for claims of various kinds that there may be a risk of certain “inflation” in that so much is said to be a human right that the notion loses its essential meaning. Th is article argues that the universality of basic human rights is one of the values of the concept of rights. Th e rights and the understanding and interpretation of rights may have to be purist. Th is may be the way universal human rights as a concept can survive at all. In the modern world there are different trends that to some extent conflict, like the trend of globalisation but also the re- emphasising in different parts of the world of traditional values, whether from a religious background or something else. It appears that the basic dogma of human rights - which has also been called the first universal ideology - that it is the individual and her rights and freedoms that should always be in the centre of any human rights discourse, is abandoned all the more oft en as the central principle. Instead the banner of human rights is used for various political and economic aims

Open access
Constitutions and Citizenship: Lessons for African Countries

French Administration . New York City: United Nations, 1954. UWECHUE, Ralph. Reflections on the Nigerian Civil War: A Call for Realism . London, UK: O.I.T.H. International Publishers Limited, 1969. UZOKWE, Alfred Obiora. Surviving Biafra: The Story of the Nigerian Civil War: Over Two Million Died . Lincoln, Nebraska: iUniverse, 2003. VORENBERG, Michael. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment . Cambridge, UK: Cambridge University Press, 2001. WALDMEIR, Patti. Anatomy of a Miracle: The End of

Open access