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Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.
The right to equal treatment is undoubtedly one of the most fundamental human rights. As such, it can be found in international human rights treaties, in constitutions and in national legislation. In this book the principle of equality is analysed from different angles, bearing in mind the South African and Belgian experiences in this area. Firstly, a general overview is given of the different sources of human rights law in the Belgian and South African legal system, the relation between international and national law, the direct applicability and third party-applicability of rights and freedoms in the legal order(s), and the implementation mechanisms available both in Belgium and South Africa. Secondly, the principle of equality, as found in the Belgian Constitution, in the European Convention on Human Rights and in the South African Constitution, and the South African Antidiscrimination Bill are analyzed. Finally, the principle of equality is being studied from a thematic perspective, i.e. with regard to the use of languages and from a gender perspective. The book is concluded with a contribution on the access to medical and health care in South Africa.
In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related fr...
Death of Labour Law? questions the on-going relevance of labour law in Australia and other Western industrialised societies in the twenty-first century. The tension between economic flexibility for business and social stability for workers is set against the backdrop of the Rudd government's 'Forward with Fairness' reform agenda and similar proposals for change in the European Union. Martin Vranken retraces the birth and subsequent growth of labour law and argues that it is essentially a mechanism for employee protection, not labour market regulation. Death of Labour Law? offers a fresh perspective on the current debate about labour law and the role of the state in Australian industrial and workplace relations.
This book examines the European system for the protection of fundamental rights. The aim is to identify the constitutional dynamics that occur as a result of the interaction between state and transnational human rights standards. Fabbrini compares the European system with the US federal system based on four case studies.
This book combines several ideas and philosophies and provides a detailed discussion on the value addition of fruits, vegetables, spices, plantation crops, floricultural crops and in forestry. Separate chapters address the packaging, preservation, drying, dehydration, total quality management and supply chain management of horticultural crops. The book explains value addition as a process of increasing the economic value and consumer appeal of a commodity with special reference to horticultural crops. Each chapter focuses on a specific area, exploring value addition as a production/ marketing strategy driven by customer needs and preferences. But, as such, it is also a more creative field, c...
This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Mem...
In this annotated bibliography, an attempt has been made to summarise the international research experience up to date covering various aspects of environmental degradation, by pesticides and organic chemicals and its control. Broadly, it enlists adsorption-desorption behaviour of soils; microbial activity, degradation and bio-remedition; soil, water and atmospheric pollution; agricultural activity; crop rotation; climate run off and water pollution; disease, pest control and plant protection measures.
A greenhouse provides an essential means of livelihood to its owner and must be economically practical for the particular climate in which it stands. Greenhouses: Advanced Technology for Protected Horticulture addresses the major environmental factors of light, temperature, water, nutrition, and carbon dioxide, and features extensive discussions of greenhouse types, construction, and climate control. The book highlights technology such as hydroponics, computer control of environments, and advanced mathematical procedures for environmental optimization. Greenhouses: Advanced Technology for Protected Horticulture is the definitive text/reference for the science of greenhouse engineering and ma...