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The Labour Appeal Court in Kylie v. CCMA decided the vexed question as to whether or not the CCMA has jurisdiction to resolve a dispute of unfair dismissal involving a sex worker. Both the CCMA and the Labour Court had declined to assume jurisdiction to resolve the dispute on the basis that the...
Persistent link: https://www.econbiz.de/10014180925
I present the following proposal: information revealed during non-cartel investigations by competition law enforcement authorities, such as evaluation of M&As or investigation of monopolization (dominance) conduct, should be directly used to investigate and prosecute cartels. Currently, in...
Persistent link: https://www.econbiz.de/10014181122
In this paper we study the relationship between costs, input prices and activity levels in medium sized American police departments. Our focus is on determining the functional structure of law enforcement production technology in agencies of this size
Persistent link: https://www.econbiz.de/10014181138
This paper critically discusses the issue of enforceability of investment treaty arbitration (ITA) awards against India under the Indian domestic law on arbitration. In this regard, the paper discusses the relevant provisions of the Indian arbitration law and its interpretations by the Indian...
Persistent link: https://www.econbiz.de/10014181446
In this paper, Michael Ioannidis proposes a procedural approach to the legitimacy of international adjudication. Drawing inspiration from the practice and theory of domestic administrative law, he highlights international courts’ potential contribution in increasing the democratic qualities of...
Persistent link: https://www.econbiz.de/10014181449
Although much ink has been spilled over the decision of the Supreme Court in eBay v. Mercexchange to modify the test for equitable relief in patent cases and to nullify the long-standing presumption that victims of infringement are always entitled to permanent injunctions, an obvious point is...
Persistent link: https://www.econbiz.de/10014181833
A fundamental principle of criminal law is that individuals may only be punished for offenses which they have personally committed; any punishment must be personal and individual. To that end, international law proscribes as collective punishment any sanction imposed on a population without regard...
Persistent link: https://www.econbiz.de/10014182347
This paper examines the recent violence in Nigeria following April 2011 elections as well as the violent political, ethnic and religious conflicts and unrests to date from a legal perspective. It discusses the culture of impunity prevalent in Nigeria due to the non apprehension of culprits and...
Persistent link: https://www.econbiz.de/10014182382
This is the first chapter of a book published in 2011 by Stanford University Press that examines empirically compliance with regulatory obligations under the Clean Water Act (CWA). In particular, it examines four dimensions of federal water-pollution control policy in the United States:...
Persistent link: https://www.econbiz.de/10014182443
This article analyses the border enforcement provisions in Indian Law with emphasis on the Copyright Law and the Customs Law for the enforcement of the IPRs. It also analyzes the various provisions and the scheme of the Intellectual Property Rights Enforcement Rules and brings out the...
Persistent link: https://www.econbiz.de/10014182485