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Australia-Tuvalu Falepili Union Treaty: Climate-Induced Migration and Security (Revue européenne des migrations internationales)
: The Australia-Tuvalu Falepili Union Treaty is the world’s first bilateral agreement regarding climate migration, which is important to the Australia-New Zealand-Pacific region and to the international community. Through the perspectives of the nexus of migration and security and legal doctrinal analysis, this legal column critically reviews articles 3 (human mobility) and 4 (security and defence) of the Treaty and Australia’s recently adopted immigration regulations. It argues that the guiding principles underlying the Treaty are human security for Tuvaluan people and national security for Australia, which might not always be
The Employment of Young Women in Tunisia under the Ordeal of Gender Based Discrimination (Revue de droit comparé du travail et de la sécurité sociale)
: Despite the increase in girls’ schooling and their performance first at school and then at university compared with men, young women are discriminated against in employment in Tunisia. Beyond differences in physical, age, social and economic conditions, all women suffer discrimination simply because they are women. Not to mention the cascading discrimination based on disability, social origin and nationality, young women are the most exposed to the danger of violence, economic exploitation and even human trafficking. However, in the aftermath of the Revolution, politicians became aware of the need to speed up the establishment of gender equality. However, the various legal texts adopted have not been effective and have only partially changed the reality for young women, including in the workplace. Despite the measures taken to promote de facto equality in the labour market, persistent discrimination against young women hinders their access to employment on an equal footing with
Implications for the Gig Economy in Ireland? Analysis of the Karshan Limited v the Revenue Commissioners Ruling (Revue de droit comparé du travail et de la sécurité sociale)
: The implications for employment law of the rise in numbers of people working in the Gig Economy have received significant attention in many countries in recent years. The changing nature of employment in a digital era has given rise to uncertainty regarding some of the core features of the traditional employment relationship. Thus, the employment status of those working in what is considered non-standard employment such as casual workers or those in the gig economy, has been tested through the courts on numerous occasions, with varying outcomes. Central to such cases is determining whether or not an employment relationship exists, notably whether individuals should be considered employees under a contract of service or independent contractors under a contract for service (or some intermediary category such as « worker status » as in the UK for example). Determining employment status is often the first step in cases, as the application of employment law, employee rights and other
War Criminals on Trial: An Inside View of the International Criminal Justice System (Champ pénal/Penal field)
: Interviewing people who have been tried, convicted, or acquitted for atrocity crimes is an incredibly difficult undertaking, potentially even dangerous. Not so much because these individuals still pose a threat, but because of the risks involved in traveling through countries with non-existent traffic rules, or because of the reputational risks for the researcher involved. In an academic field brimming with high moral expectations (“end impunity, end mass crimes”), who dares to speak to these “monsters” in the first place? Damien Scalia, professor in criminal law at the Université libre de Bruxelles, did just that. The impressive War Criminals on Trial: An Inside View of the International Criminal Justice System is a testament to his ambitious endeavor of speaking to war criminals. Over a period of fifteen years, he conducted interviews with more than sixty individuals prosecuted for war crimes, crimes against humanity, and genocide. Across different continents, he spoke to both
War Criminals on Trial: An Inside View of the International Criminal Justice System (Champ pénal/Penal field)
: Interviewing people who have been tried, convicted, or acquitted for atrocity crimes is an incredibly difficult undertaking, potentially even dangerous. Not so much because these individuals still pose a threat, but because of the risks involved in traveling through countries with non-existent traffic rules, or because of the reputational risks for the researcher involved. In an academic field brimming with high moral expectations (“end impunity, end mass crimes”), who dares to speak to these “monsters” in the first place? Damien Scalia, professor in criminal law at the Université libre de Bruxelles, did just that. The impressive War Criminals on Trial: An Inside View of the International Criminal Justice System is a testament to his ambitious endeavor of speaking to war criminals. Over a period of fifteen years, he conducted interviews with more than sixty individuals prosecuted for war crimes, crimes against humanity, and genocide. Across different continents, he spoke to both