EU Law, International Law and Economic Sanctions against Terrorism: The Judiciary in Distress? Research Papers in Law, 3/2008

From the Introduction. This article seeks to examine the relationship between European Union law, international law, and the protection of fundamental rights in the light of recent case law of the European Court of Justice (ECJ) and the Court of First Instance (CFI) relating to economic sanctions against individuals. On 3 September 2008, the ECJ delivered its long-awaited judgment in Kadi and Al Barakaat on appeal from the CFI.3 In its judgment under appeal,4 the CFI had held that the European Community (EC) is competent to adopt regulations imposing economic sanctions against private organisations in pursuance of UN Security Council (UNSC) Resolutions seeking to combat terrorism; that although the EC is not bound directly by the UN Charter, it is bound pursuant to the EC Treaty to respect international law and give effect to UNSC; and that the CFI has jurisdiction to examine the compatibility of EC regulations implementing UNSC resolutions with fundamental rights not as protected by the EC but as protected by jus cogens. On appeal, following the Opinion of Maduro AG, the ECJ rejected the CFI’s approach. It held that UNSC resolutions are binding only in international law. It subjected the contested regulations to full review under EC human rights standards and found them in breach of the right to a hearing, the right to judicial protection and the right to property. Kadi and Al Barakaat is the most important judgment ever delivered by the ECJ on the relationship between EC and international law and one of its most important judgments on fundamental rights. It is imbued by constitutional confidence, commitment to the rule of law but also some scepticism towards international law. In the meantime, the CFI has delivered a number of other judgments on anti-terrorist sanctions assessing the limits of the “emergency constitution” at European level. The purpose of this paper is to examine the above case law and explore the dilemmas and tensions facing the EU judiciary in seeking to define and protect the EU’s distinct constitutional space. It is divided as follows. It first looks at the judgment in Kadi. After a short presentation of the factual and legal background, it explores the question whether the EU has competence to adopt smart sanctions. It then examines whether the EU is bound by resolutions of the Security Council, whether the ECJ has jurisdiction to review Community measures implementing such resolutions and the applicable standard of judicial scrutiny. It analyses the contrasting views of the CFI, the Advocate General, and the ECJ taking account also of the case law of the European Court of Human Rights (ECtHR). Further, it explores the consequences of annulling the contested regulation. It then turns to discussing CFI case law in relation to sanctions lists drawn up not by the UN Security Council but by the EC. The paper concludes by welcoming the judgment of the ECJ. Whilst its reasoning on the issue of Community competence is questionable, once such competence is established, it is difficult to support the abrogation of Community standards for the protection of fundamental rights. Such standards should ensure procedural due process whilst recognising the importance of public security.

Vocation in the insertion of the university student and the graduate

The work plan aims at deepening the analysis of the theoretic assumptions which support the practice in Vocational Guidance: analyzing the incidence of endogenous and exogenous factors both in the election and studying of a particular course of study and in the occupational resolution of the graduate. This analysis enables the revision and the new theoretic conceptualization which is afterwards transferred to the course, and to different groups and provincial institutions where the practice of Vocational Guidance occurs, as well as to other schools in the Northwest provinces of Argentina. Semiotic analysis, statistical elaboration and the research-action approach which, while surveying data renders a service to the milieu, provide the base for the project. Said project focuses on the following individuals: 1) freshmen, who offer us the following aspects to be considered: a) factors which either favor or hinder the insertion of the students attending the first years of the course; b) the conditions making up the learning situation in each subject, from the teaching point of view; c) the influence of institutional dimension in the insertion process; 2) graduands: the characteristics of the situation following graduation from University, those of the labor field and the different ways of gaining access to it are investigated. This analysis is carried out in the courses of study of Psychology and English (education of Professionals in English and English for Professionals).

Vocation in the insertion of the university student and the graduate

The work plan aims at deepening the analysis of the theoretic assumptions which support the practice in Vocational Guidance: analyzing the incidence of endogenous and exogenous factors both in the election and studying of a particular course of study and in the occupational resolution of the graduate. This analysis enables the revision and the new theoretic conceptualization which is afterwards transferred to the course, and to different groups and provincial institutions where the practice of Vocational Guidance occurs, as well as to other schools in the Northwest provinces of Argentina. Semiotic analysis, statistical elaboration and the research-action approach which, while surveying data renders a service to the milieu, provide the base for the project. Said project focuses on the following individuals: 1) freshmen, who offer us the following aspects to be considered: a) factors which either favor or hinder the insertion of the students attending the first years of the course; b) the conditions making up the learning situation in each subject, from the teaching point of view; c) the influence of institutional dimension in the insertion process; 2) graduands: the characteristics of the situation following graduation from University, those of the labor field and the different ways of gaining access to it are investigated. This analysis is carried out in the courses of study of Psychology and English (education of Professionals in English and English for Professionals).

Vocation in the insertion of the university student and the graduate

The work plan aims at deepening the analysis of the theoretic assumptions which support the practice in Vocational Guidance: analyzing the incidence of endogenous and exogenous factors both in the election and studying of a particular course of study and in the occupational resolution of the graduate. This analysis enables the revision and the new theoretic conceptualization which is afterwards transferred to the course, and to different groups and provincial institutions where the practice of Vocational Guidance occurs, as well as to other schools in the Northwest provinces of Argentina. Semiotic analysis, statistical elaboration and the research-action approach which, while surveying data renders a service to the milieu, provide the base for the project. Said project focuses on the following individuals: 1) freshmen, who offer us the following aspects to be considered: a) factors which either favor or hinder the insertion of the students attending the first years of the course; b) the conditions making up the learning situation in each subject, from the teaching point of view; c) the influence of institutional dimension in the insertion process; 2) graduands: the characteristics of the situation following graduation from University, those of the labor field and the different ways of gaining access to it are investigated. This analysis is carried out in the courses of study of Psychology and English (education of Professionals in English and English for Professionals).

Access to climate justice: the main procedural hurdles, and possible solutions, within the italian legal framework and the IBA Model Statute

The thesis deals with standing and justiciability in climate litigation against governments and the private sector. The first part addresses the impacts of climate change on human rights, the major developments in international climate law, and the historical reasons for climate litigation. The second part analyses several cases, divided into categories. It then draws to a comparative conclusion with regard to each category. The third part deals with the Italian legal tradition on standing and justiciability – starting from the historical roots of such rules. The fourth part introduces the ‘Model Statute’ drafted by the International Bar Association, arguing that the 'ratio legis' of this proposal could be implemented in Italy or the EU. The thesis develops arguments, based on the existing legal framework, to help plaintiffs establish standing and justiciability in proceedings pending before Italian courts. It further proposes the idea that 'citizen suits' are consistent with the Italian and EU legal tradition and that the EU could rely on citizen suits to privately enforce its climate law and policies under the ‘European Green Deal.’

The college, the market, and the court, or, Woman's relation to education, labor, and law

by Caroline H. Dall.

A guide to child-labor provisions of the Fair Labor Standards Act : (The Federal Age and Hour Law)

Mode of access: Internet.

Workmen's compensation law, effective November 3, 1925, and other labor laws of the state of Arizona.

Mode of access: Internet.

Good talking and good manners : fine arts, with a paper on the social law of mutual help and the labor problem /

Mode of access: Internet.

Manual of interpretations; safety and health provisions of the labor law.

Mode of access: Internet.

A guide to basic law and procedures under the National Labor Relations Act /

"This is a revised edition"--P. 2 of cover.

Law and labor; a periodical on the law of the labor problem.

Mode of access: Internet.