824 resultados para congresses and conventions
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Ideologies use for their conservation and propagation persuasive methods of communication: rhetoric. Rhetoric is analyzed from the semiotic and logical-mathematical points of view. The following hypotheses are established: (1) language L is a self-explanatory system, mediated by a successive series of systems of cultural conventions, (2) connotative significances of an ideological advertising rhetoric must be known, and (3) the notion of ideological information is a neutral notion that does not imply the valuation of ideology or its conditions of veracity or falsification. Rhetorical figures like metonymy, metaphor, parable analogy, and allegory are defined as relations. Metaphor and parable are order relations. Operations of metonymic and metaphoric substitution are defined and several theorems derived from these operations have been deduced.
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no.10 (1984)
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39
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Introduction. “Convention” is an ambiguous term, not only for lawyers, containing a wide variety of different meanings. Even when restricted to denote an assembly it may be used for all sorts of gatherings. In the context of constitutional law a convention is a very specific instrument, and the question is to what extent it is actually known in European constitutional law and whether the “Convention on the Future of Europe” as called forth by the Declaration of Laeken conforms to what is understood in constitutional law by “convention”.1 Or did the Laeken Council pick up a term without any foundation in European constitutional law, rarely practiced and even less understood, the only precedents of which are supposed to be the American Federal Convention in Philadelphia in 1787 and the convention that drafted the European Charter on Fundamental Rights, as can be read time and again? 2 As it is the privilege of the constitutional historian to make aware the evolution of legal institutions and to analyze their conferred meaning so that they will be available in political discourse, I shall examine the meaning of “convention” in constitutional history and comparative constitutional law in a first part, while a second part will place the Convention on the Future of the European Union according to its composition and commission into the context of constitutional conventions as understood in law.
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From the Introduction. The study of the European Court of Justice’s (ECJ) case law of the regarding the Area of Freedom Security and Justice (AFSJ) is fascinating in many ways.1 First, almost the totality of the relevant case law is extremely recent, thereby marking the first ‘foundational’ steps in this field of law. This is the result of the fact that the AFSJ was set up by the Treaty of Amsterdam in 1997 and only entered into force in May 1999.2 Second, as the AFSJ is a new field of EU competence, it sets afresh all the fundamental questions – both political and legal – triggered by European integration, namely in terms of: a) distribution of powers between the Union and its member states, b) attribution of competences between the various EU Institutions, c) direct effect and supremacy of EU rules, d) scope of competence of the ECJ, and e) measure of the protection given to fundamental rights. The above questions beg for answers which should take into account both the extremely sensible fields of law upon which the AFSJ is anchored, and the EU’s highly inconvenient three-pillar institutional framework.3 Third, and as a consequence of the above, the vast majority of the ECJ’s judgments relating to the AFSJ are a) delivered by the Full Court or, at least, the Grand Chamber, b) with the intervention of great many member states and c) often obscure in content. This is due to the fact that the Court is called upon to set the foundational rules in a new field of EU law, often trying to accommodate divergent considerations, not all of which are strictly legal.4 Fourth, the case law of the Court relating to the AFSJ, touches upon a vast variety of topics which are not necessarily related to one another. This is why it is essential to limit the scope of this study. The content of, and steering for, the AFSJ were given by the Tampere European Council, in October 1999. According to the Tampere Conclusions, the AFSJ should consist of four key elements: a) a common immigration and asylum policy, b) judicial cooperation in both civil and penal matters, c) action against criminality and d) external action of the EU in all the above fields. Moreover, the AFSJ is to a large extent based on the Schengen acquis. The latter has been ‘communautarised’5 by the Treaty of Amsterdam and further ‘ventilated’ between the first and third pillars by decisions 1999/435 and 1999/436.6 Judicial cooperation in civil matters, mainly by means of international conventions (such as the Rome Convention of 1981 on the law applicable to contractual obligations) and regulations (such as (EC) 44/20017 and (EC) 1348/20008) also form part of the AFSJ. However, the relevant case law of the ECJ will not be examined in the present contribution.9 Similarly, the judgments of the Court delivered in the course of Article 226 EC proceedings against member states, will be omitted.10 Even after setting aside the above case law and notwithstanding the fact that the AFSJ only dates as far back as May 1999, the judgments of the ECJ are numerous. A simple (if not simplistic) categorisation may be between, on the one hand, judgments which concern the institutional setting of the AFSJ (para. 2) and, on the other, judgments which are related to some substantive AFSJ policy (para. 3).
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Introduction. The European Union’s external action is not only defined by its influence on international developments, but also by its ability and the need to respond to those developments. While traditionally many have stressed the EU’s ‘autonomy’, over the years its ‘dependence’ on global developments has become more clear.2 International law has continued to play a key role in, not only in the EU’s external relations, but also in the Union’s own legal order.3 The purpose of this paper is not to assess the role or performance of the EU in international institutions.4 Rather it purports to reverse the picture and focus on a somewhat under-researched topic: the legal status of decisions of international organizations in the EU’s legal order.5 While parts of the status of these decisions relate to the status of international agreements and international customary law, it can be argued that decisions of international organizations and other international bodies form a distinct category. In fact, it has been observed that “this phenomenon has added a new layer of complexity to the already complex law of external relations of the European Union”.6 Emerging questions relate to the possible difference between decisions of international organizations of which the EU is a member (such as the FAO) and decisions of organizations where it is not (irrespective of existing competences in that area – such as in the ILO). Questions also relate to the hierarchical status of these decisions in the EU’s legal order and to the possibility of them being invoked in direct or indirect actions before the Court of Justice. This contribution takes a broad perspective on decisions of international organizations by including decisions taken in other international institutions which do not necessarily comply with the standard definition of international organizations,7 be it bodies set-up by multilateral conventions or informal (transnational / regulatory) bodies. Some of these bodies are relatively close to the EU (such as the Councils established by Association Agreements – see further Section 5 below); others operate at a certain distance. Limiting the analysis to formal international organizations will not do justice to the manifold relationships between the European Union and various international bodies and to the effects of the norms produced by these bodies. The term ‘international decisions’ is therefore used to refer to any normative output of international institutional arrangements.
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An increasing number of bilateral or plurilateral trade agreements (or regional trade agreements: RTAs) include "labor clauses" that require or urge the signatory countries to commit to maintaining a certain level of labor standards. This paper performs an empirical analysis of the impacts of such labor clauses provided in RTAs on working conditions that laborers in the RTA signatory countries actually face, using macro-level data for a wide variety of countries. The paper first examines the texts of labor provisions in more than 220 effective RTAs and (re-)classifies "RTAs with labor clauses" according to two criteria: (i) the agreement urges or expects the signatory countries to harmonize their domestic labor standards with internationally recognized standards, and (ii) the agreement stipulates the procedures for consultations and/or dispute settlement on labor-condition issues between the signatory countries. Based on this labor-clause RTA classification, the paper estimates the impacts of RTA labor clauses on working conditions in countries with two empirical specifications using the sample covering 136 countries or economies and years from 1995 through 2011. The estimation is extended to takes into account possible lags in the labor-condition effects of labor clauses as well as to consider potential difference in the impacts for countries in different income levels. The empirical results for the four measures of labor conditions (mean monthly real earnings, mean weekly work hours per employee, fatal occupational injury rate, and the number of the ILO's Core Conventions ratified) find no evidence for possible pro-labor-condition effects of RTA labor clauses overall, which should be consistent with the view of economics literature that questions the relevance of linking trade policy with issues in the domestic labor standards.
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The Indian Ocean covers approximately 73.5 * 10**6 km**3 from 25°N to 67°S and from 20° to 120°E. Several legs of the Deep Sea Drilling Project (DSDP) and the Ocean Drilling Program (ODP) have operated in its waters, many penetrating the Cretaceous. Most of the scientific drill sites are DSDP related and thus pre-dated modern biostratigraphic conventions. Foraminifers and calcareous nannoplankton were by far the dominant fossil groups studied in the earlier work, supplemented occasionally by studies of other fossil groups, The results of the Ocean Drilling Project phase are yet too young to be fully integrated but have been based on a broader range of techniques and fossil groups. During most of the Cretaceous, the proto-Indian Ocean basin lay in middle to high latitudes. Thus, it is unrealistic to expect successful routine application of low-latitude zonations. No planktonic foraminifer zonal scheme has been developed for the Indian Ocean basin for several reasons. There are no sections with complete or even significant partial sections to allow development of such a zonation. Carbonate compensation depth (CCD) effects have been marked in most sections, and significant intervals are devoid of planktonic foraminifers. The Indian Ocean now covers a great latitudinal range from tropics to polar regions and, at first glance, no scheme can be expected to be applicable over that entire range. In the Cretaceous the area was much smaller, though expanding progressively, and the paleolatitude range was quite small. Calcareous nannoplankton have proved valuable in dating Indian Ocean Cretaceous sediments and have, perhaps in contrast with the foraminifers, been consistently a more reliable means of applying zonal schemes developed elsewhere. For the Albian-Aptian, zonations based on well-known benthic foraminifer lineages (Scheibnerova, 1974) have been useful when nothing else was available or effective. Palynology has been used little, but where used, has proved excellent. It has the added value of providing valuable information on nearby terrestrial vegetation as the fossils were resistant to dissolution. Normally, when different fossil groups have been applied to a section, the results have been compatible or compatible to an acceptable degree. There are a few instances where incompatibility is noteworthy, and Site 263 is a classic example, as even two calcareous nannoplankton studies show irreconcilable differences here. All groups gave different results, but one benthic foraminifer analysis agreed with one calcareous nannoplankton study.
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J. Sinclair Brown, president of the convention
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At head of title: Permanent international association of congresses of navigation.