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Lennard Posser - Das Spannungsfeld zwischen freier Presse und kommunalen Publikationen

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Lennard Posser

Das Spannungsfeld zwischen freier Presse und kommunalen Publikationen

Series: Düsseldorfer Rechtswissenschaftliche Schriften

Volume 181 2023

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G. Kommunale Veröffentlichungen im Recht des unlauteren Wettbewerbs S. 233-272

„… dürften Konstellationen, in denen der öffentlichen Hand technisches Know-How fehlt und es deshalb fraglich …” „… Inhalte im Bereich des Stadtmarketings und der Tourismusförderung erweitert. Es könne der Gemeinde nicht …”

doi.org/10.5771/9783748941606

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KO KNOWLEDGE ORGANIZATION

Browse Volumes: KO KNOWLEDGE ORGANIZATION

KO Volume 10 (1983) Issue 1 ISSN Online: 2942-3309

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Elaine Svenonius Compatibility of retrieval languages. Introduction to a Forum S. 2-4

„… the introduction to the papers presented at a conference on the topic of compatibility between …” „… in Biskops-Arno, Sweden, 3-5 May 1976 (9). In Europe today practical attempts to achieve retrieval …” „… Group (RLG) together with the Washington Library Network (18). The aim of this project is to develop …”

J. Høedt, R. Turner: The World of LSP. (F. Riggs) S. 43

„… classification. I tried to get an idea of how many and which indeed these were and here are my results …” „… Economics was established by UNESCO in order to support its program on Anthropology and Language Science …” „… in Educational Development (ALSED). The Centre has attempted to establish a network of institutions …”

Reflections on Trends in Classification S. 1

„… EDITORIAL Reflections on Trends in Classification Man's intellectual life on this earth seems to …” „… be similar to the motions of the waves of the sea: a contin ual up and down, a swaying and rocking …” „… . Classification - hence man's ability to order his intellectual being, to create an order of knowledge is …”

V.I. Gor’kova (Ed.): Essential Problems in Terminology of Informatics and Documentation. Frequency Term Lists. (I. Dahlberg) S. 43-44

„… classification. I tried to get an idea of how many and which indeed these were and here are my results …” „… differing cultures. In order to comply with the latter necessity we would have to use a totally different …” „… Economics was established by UNESCO in order to support its program on Anthropology and Language Science …”

COCTA News S. 39-40

„… scholars interested in methodology and associated topics with an occasion to get together during the long …” „… interval between world congresses. How ever, the meeting is open to interested scholars from all over the …” „… 'Measure . ment' are but two of the topics to be covered by the Symposium (see list above). They have …”

Fred W.Riggs The idea of a COCTA-Glossary: The pilot project on Ethnicity S. 19-23

„… features and explains how to establish such a COCTA�glossary using examples from the field of 'ethnicity …” „… problem of how to signify each of these meanings when only a singie term·form is available for use as …” „… according to entry terms, then how can they be ordered? The answer will be found if we think about the …”

Florence E. DeHart Topic relevance and retrieval effectiveness S. 9-14

„… how to exploit the different view points of information sources through unique terminol· ogy in …” „… from a reconsideration of how to approach analysis of articles for concepts while avoiding rigid …” „… figs., 5 refs. A report ofa case study which attempted to obtain further insight into topic relevance …”

FID/CR News S. 29-36

„… ideas on how to use the LC Classification scheme. Source: R&D Proj.11(1981)6 036 CL45 Revision of the …” „… "units" out of information carrying material. The current project is seeking to discover how …” „… further 5 papers will deal with numerical taxonomy, however, the main topic of this day is devoted to …”

Classification Literature 10 (1983) No. 1 S. 45-62

„… how sensitive an algorithm is to perturbations in the input data. A number of such measuring …” „… to which al together 112 ex perts whose names are l i s ted, had contributed. 8752 03-83 ISO …” „… voted to the topic s : Nature and characteristics of a�socia tions; The world wide dimension of …”

Ingetraut Dahlberg Conceptual compatibility of ordering systems S. 5-8

„… this topic (2) for more detailed guidance on how to handle the' conceptual part. Thus, assuming that …” „… information on how they relate to existing knowledge and its conceptual localization in different ass. Of …” „… such a system to be used togeth er with or interchangeably with the elements of another ordering …”

E. Wåhlin: Research on Classification Systems (E. Coates) S. 41-42

„… applied science, but 76 Music is related to 476 Musical instruments as activity to tool. US3 also places …” „… tbe tbinking of others. He bas laboured to draft outlines of general classification scbemes. In tbe …” „… " order, passing down from Energy, tbrough Matter and Inanimate nature to Human beings. This tabulation …”

Titelei/Inhaltsverzeichnis

„… in short its main features and explains how to establish such a COCTA-glossary using examples from …” „… attempted to obtain further insight into topic relevance, as distinguished from relevance to a user's need …” „… . Utilizing one search topic and two groups of searches, the experiment aimed to determine whether …”

doi.org/10.5771/0943-7444-1983-1

Erika Günther - Food and Nutrition (In-)Security in the Caribbean

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Erika Günther

Food and Nutrition (In-)Security in the Caribbean

Series: Weltwirtschaft und internationale Zusammenarbeit

Volume 15 2014

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Bibliography S. 249-268

„… , Fitzroy (2007): Food-Based Dietary Guidelines: A Vital Tool to Improve Health in the Caribbean. Caribbean …” „… ] (2010): 2010 Annual Report. Bridgetown: BNR. Bokeloh, Georg (2009): Actions/Interventions to Improve …” „… . Actions to Meet the Global Challenge. A Training Course Reader. Feldafing: Internationale Weiterbildung …”

Food and nutrition security – theoretical conceptualization S. 33-72

„… crises highlights the importance of this issue. This leads to the question, how the FNS are actually …” „… , social environment, and policy environment which determine how effectively households are able to utilize …” „… . Although income is considered to be a factor that can increase choices, it is “not the sum total of human …”

Introduction S. 25-32

„… ). The year 2015, the deadline set to reach this goal, is approaching fast. Today, the first MDG is still …” „… and agreed to eradicate global hunger and poverty under the first Millennium Development Goal (MDG …” „… one of the highest priorities on global political agendas, but its realization seems to be far out of …”

Titelei/Inhaltsverzeichnis S. 1-24

„… like to offer my special thanks to Lisa Martinez and Robert Best from the UN FAO Trinidad and Tobago …” „… in severe health problems. According to WHO statistics, today, two out of three overweight people …” „… Health Expenditure ToT Terms of Trade UDHR Universal Declaration on Human Rights UK United Kingdom UN …”

Economic and social burden of nutrition related diseases in the Caribbean S. 201-238

„… to these needs and how the individual countries are affected by the burden of NCDs. The following …” „… information provided by the MoH. The question is: how can policy makers effectively respond to an urgent …” „… supply should be composed of proteins and 15% to 20% of total fat (cf. FAO, 2005a). DD_Guenther_1553-4 …”

A cluster analysis on vulnerability and Food and Nutrition Security in the Caribbean S. 113-148

„… availability of calories and proteins for the population. FBS are a useful tool to display the total supply of …” „… assumption that food consumption is led by the supply and access of food. In order to conclude how and what …” „… the Caribbean countries, these vulnerabilities together entail the vulnerability to food and nutrition …”

A socio-economic development analysis of the Caribbean S. 73-112

„… theories, which emanated in the Caribbean itself, trying to explain how and why internal disparities …” „… tourism – as economic subsector of the services sector – is largely contributing to the total exports in …” „… due to the high contribution of the tourism sector to its total exports (cf. CEPALSTAT, 2013). While …”

doi.org/10.5771/9783845257228

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier - International and European Labour Law

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Edoardo Ales (ed.), Mark Bell (ed.), Olaf Deinert (ed.), Sophie Robin-Olivier (ed.)

International and European Labour Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Samantha Velluti Article 148 TFEU S. 138-142

„… problems of how to measure them. Article 148 TFEU 1. The European Council shall each year consider the …” „… is thus a regulatory tool used to spread best practice and achieving greater convergence towards the …” „… analysis and advice as well as evaluating experiences and learning innovative approaches on how to address …”

Pascale Lorber Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community S. 1551-1567

„… indicated in the foreword, the Directive does not seek to harmonise how information and consultation should …” „… proceeds to explain how information and consultation should take place, in addition to the definitions …” „… have enough time to analyse the data provided. The Directive does not specify in what format and how …”

A.C.L. Davies ILO Convention 177 Home Work Convention, 1996 (No. 177) S. 909-911

„… greater degree of flexibility in deciding how to go about giving effect to the Convention. However, it is …” „… has ratified the Convention and seeks to understand how best to fulfil its obligation to formulate a …” „… states some discretion in how they implement the principle. What is unclear about the phrasing of the …”

Samantha Velluti Article 147 TFEU S. 136-138

„… on how to tackle unemployment and in providing the ground for discussing on a theoretical level the …” „… be expected as well as problems of how to measure them. Article 148 TFEU 1. The European Council …” „… ployment policies which contribute to the achievement of the objectives provided by Article 145 …”

Adalberto Perulli The Declaration of Philadelphia (DoP) S. 361-375

„… Perulli 16 17 18 Regarding this, it is interesting to notice how the ILO, back in 1944, had pointed out to …” „… – show how the ILO is committed to a valuable employment: “(b) the employment of workers in the …” „… justice sociale face au marché total (Seuil, Paris 2010) 9. 3 In a perspective intended to highlight the …”

A.C.L. Davies ILO Convention 175 Part-Time Work Convention, 1994 (No. 175) S. 906-909

„… different ideas about working hours and how to regulate them in different states. Article 3 allows states to …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I. Foreword Convention 175 is designed to protect part-time workers against being discriminated …” „… contains provisions intended to encourage ratifying states to promote access to part-time work and to …”

Alexandre Defossez Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 677-692

„… . They launched a profound reflection on how to improve the existing instrument. Two proposals were put …” „… main objective of article 4.3 DEP is (i) to give indications on how to identify the place of usual work …” „… and (ii) how to evaluate if the posting from that place is of temporary nature or not. The first step …”

Edoardo Ales Article 27 CFREU Workers’ right to information and consultation within the undertaking S. 214-218

„… laid down by art. 27 CFREU. Actually, in our view, it is difficult to figure out how workers as …” „… directive”.6 For this reason, in order to get a clear picture on how the right to information and …” „… consultation can be exercised by employees’ representatives, reference shall be made to how EU Law has already …”

Alexandre Defossez Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 643-664

„… ? . . . . . . . . . . . . . . . . . . . . . . 37 b) How is the nucleus to be applied …” „… highly contentious then, and is even more today: according to a European Parliament study, the total …” „… collective agreements and how they may be rendered mandatory to foreign companies (2). Finally, Article 3.10 …”

Teun Jaspers Article 21 RESC The right to information and consultation S. 319-330

„… Court decided on how the number has to be counted. It is not the choice of an employer to leave out …” „… national des Professions du tourisme v France Article 21 RESC The right to information and consultation …” „… enterprise. The subject is also touched in Article 22 in the sense that, according to that article, workers …”

Maurizio Del Conte, Elena Gramano ILO Convention 88 Employment Service Convention, 1948 (No. 88) S. 375-383

„… as how it assists other public and private bodies in social and economic planning to ensure a …” „… member states to provide information concerning how the employment service is organized in order to carry …” „… of the tools to achieve full employment and the development of productive resources.4 Such commitment …”

Sylvaine Laulom Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies S. 981-996

„… : – How to define a ‘worker’ to include in the calculation of the thresholds specified in the Directive …” „… of defining what is a collective redundancies. How to define the reference unit to calculate if the …” „… workers eligible for protection, which would correspond to one of the objectives of the Directive. How to …”

Elias Felten Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees S. 1535-1551

„… scope of this provision is to safeguard sufficient legal know-how as regards the negotiations with the …” „… , appoint, recommend or oppose, the procedures as to how these members may be elected, appointed …” „… substantially. That is explicitly not intended by Art 4 para 2. However the question remains how to interpret a …”

Edoardo Ales Article 31 CFREU Fair and just working conditions S. 1207-1210

„… CHAPTER I EU LAW Article 31 CFREU Fair and just working conditions 1. Every worker has the right to …” „… working conditions which respect his or her health, safety and dignity. 2. Every worker has the right to …” „… limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave …”

Edoardo Ales ILO Convention 155 Occupational Safety and Health Convention, 1981 (No. 155) S. 1392-1413

„… Conventions. Nevertheless, one has to recognize how huge ILO’s commitment within OSH has been.6 Only taking …” „… definition of the “competent authority” nor specify how this has to be identified or established by the …” „… or products, as well as instructions on how known hazards are to be avoided; (c) undertake studies …”

Mark Bell Article 14 ECHR Prohibition of discrimination S. 461-466

„… did not refer to the concept of reasonable accommodation, the Court’s decision in Çam v Turkey21 took …” „… treatment of former KGB employees. In Kiyutin v Russia,25 the Court took the opportunity to clarify the …” „… ,29 it held that: the totality of the measures implemented to safeguard the guarantees of Article 11 …”

Jean-Philippe Lhernould Directive 97/81/EC concerning the Framework Agreement on part-time work S. 872-882

„… against the principle of equality of treatment but it contributes to its achievement.16 How to determine …” „… hard to draw conclusion on how the instruments interact. In a case involving a situation of a parental …” „… ceiling to limit the total amount of the fine. Chapter I EU Law Dir. 97/81 Jean-Philippe Lhernould 879 …”

A.C.L. Davies ILO Convention 181 Private Employment Agencies Convention, 1997 (No. 181) S. 911-916

„… has ratified the Convention and seeks to understand how best to fulfil its obligation to formulate a …” „… basic working conditions of the worker, whilst giving states considerable discretion in how to apportion …” „… rights. It is thus important to consider Article 4 in conjunction with Article 10, which ensures …”

Edoardo Ales, Mark Bell Fundamental Provisions: Introduction S. 1-7

„… choose to participate.11 While it is too early to anticipate how the Court of Justice might respond to …” „… policies of the Union, with a view to promoting equality between women and men. It means assessing how …” „… some cases, the rights found in the Charter are closely related to specific topics of labour law …”

Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work Edoardo Ales S. 1210-1242

„… workplace. How workers stand to benefit from the new European policy on chemical agents (TUTB 2006). Dir …” „… (...) debatable how much credit can actually be attributed to the Committee of Inquiry on Safety and Health at …” „… achieved in order to increase that commitment.3 Among those objectives, crucial for the topic we are …”

Anna Lawson United Nations Convention on the Rights of Persons with Disabilities (CRPD) S. 455-461

„… basis that it would be too expensive for the agency to make its intranet accessible to her screen-reader …” „… women in this context, not to reducing the protective standards which may be required under …” „… seek to address the tension that may arise between law and regulations protecting workers, including …”

Iacopo Senatori Directive 2009/38/EC on the establishment of a European Works Council S. 1601-1636

„… misuses As a final distinction from the SED framework, the CBMD adopts a special provision on how to …” „… (particularly art 5), whereas the remaining part of art 4 responds to two preliminary issues: 1) how to identify …” „… . Subjective scope Art 4, para 2 provides a solution to the problem of how to allocate the responsibility in …”

Massimiliano Delfino Article 51 CFREU Field of application S. 234-239

„… understood how the principles and rights apply to the institutions, bodies, offices and agencies of the Union …” „… , while the problem of how to balance that right with the fundamental freedoms remains unsolved. In this …” „… principles would be totally inapplicable, at least at first sight, to national legal systems. II. Beyond the …”

Samantha Velluti Article 149 TFEU S. 142

„… approaches on how to address specific issues or problems concerning unemployment. Particular regard is given …” „… , may adopt incentive measures designed to encourage cooperation between Member States and to support …” „… approaches and evaluating experiences, in particular by recourse to pilot projects. Those measures shall not …”

Fabienne Jault-Seseke Regulation (EC) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Recast) S. 1643-1650

„… situated. However the Court indicates how to determine the habitual place of work. It is “the place in …” „… over individual contracts of employment Article 20 1. In matters relating to individual contracts of …” „… employment, jurisdiction shall be determined by this Section, without prejudice to Article 6, point 5 of …”

Samantha Velluti Article 150 TFEU S. 142-143

„… approaches on how to address specific issues or problems concerning unemployment. Particular regard is given …” „… , may adopt incentive measures designed to encourage cooperation between Member States and to support …” „… approaches and evaluating experiences, in particular by recourse to pilot projects. Those measures shall not …”

Edoardo Ales Introduction: Workers’ Involvement S. 1534-1535

„… topics and to issue two different legal sources.1 However, as regards the content, Directive 2001/86/EC …” „… from Art. 27 CRFEU, commented by E. Ales, to be seen as the minimalist product of a process of …” „… Justice in this field with regard to the Collective redundancies,1 the Transfer of undertaking2 and the …”

Vincenzo Pietrogiovanni ILO Convention 171 Night Work Convention, 1990 (No. 171) S. 1428-1437

„… , workers shall have the right to undergo a health assessment without charge and to receive advice on how to …” „… night work or not. This assessment is also aiming at giving the workers advice on how to reduce or avoid …” „… rules work together is to opt for the more stringent interpretation, according to which the …”

Giovanni Orlandini Article 47 TFEU S. 68-69

„… for discrimination cases, as well as appropriate bodies created to promote the equality of …” „… of intervention that the European legislator should adopt to give full implementation to the freedom …” „… . Regulation 492/11 also implemented letter a) of Article 46, thanks to the norms that define the arrangements …”

Mark Bell Introduction S. 641-643

„… ? . . . . . . . . . . . . . . . . . . . . . . 37 b) How is the nucleus to be applied …” „… highly contentious then, and is even more today: according to a European Parliament study, the total …” „… PART 3 WORKERS’ MOBILITY Introduction The movement of workers from one country to another might be …”

Edoardo Ales Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship S. 1242-1252

„… structure of the National report, together with the above-mentioned questionnaire specifying its content, to …” „… work shall be limited to those connected with safety, hygiene and health at work. Together with Article …” „… ed to the practical implementation of the different Directives and, where appropriate and available …”

Massimo Pallini Article 62 TFEU S. 77-94

„… the secondary EU law.49 It is clear how this winds up undermining the right of Member States to …” „… tool for examining any type of regulation of the Member States, since – noting primarily the ability to …” „… 2. As regards the directives referred to in paragraph 1, priority shall as a general rule be given …”

Mark Bell Equality: Introduction S. 431-433

„… orientation. In the post-war period, there was a gradual turn towards the adoption of specific measures to …” „… political rights including: the right to life (Article 6); freedom from torture (Article 7) and from slavery …” „… the need to respond to the inequality of bargaining power between workers and employers. Consequently …”

Giovanni Orlandini Article 45 TFEU S. 41-66

„… legitimate to wonder how can the conclusions reached by the Court in Alimanovic be reconciled with what …” „… States with indications on how to properly implement the Treaty norm.164 Indeed, the Commission has …” „… International, Alphen aan den Rijn 2007); Toner, Helen, ‘Non discriminatory Obstacles to the Exercise of Treaty …”

Carla Spinelli ILO Convention 153 Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) S. 1381-1392

„… exceeded; foresees how to calculate working time for different employers; establishes the duration of …” „… – confirms how much relevant is considered to restrict continuous driving. The Convention does not establish …” „… nine hours per day nor 48 hours per week. 2. The total driving times referred to in paragraph 1 of this …”

Carla Spinelli ILO Convention 132 Holidays with Pay Convention (Revised), 1970 (No. 132) S. 1370-1381

„… right; and it required employers to keep a record of information concerning leave, including how many …” „… Issues (Kluwer, Le Hague 1993); Ghosheh, Naj, Remembering rest periods in law: Another tool to limit …” „… fact that, according to recital 6 in its preamble, Directive 2003/88 took into account the principles …”

Giovanni Orlandini Article 46 TFEU S. 66-68

„… State concerned; (d) by setting up appropriate machinery to bring offers of employment into touch with …” „… required to bring about freedom of movement for workers, as defined in Article 45, in particular: (a) by …” „… , the maintenance of which would form an obstacle to liberalisation of the movement of workers; (c) by …”

Jule Mulder Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) S. 547-586

„… people to stay in employment.161 This includes rules on how and when work can be performed, such as bans …” „… predominantly associated with formal equality towards an asymmetrical or substantive approach to equality. The …” „… linked to gender and sexuality.39 Today, the discrimination of same-sex couples would be addressed under …”

Alexia Gardin Directive 1999/70/EC concerning the Framework Agreement on fixed-term work S. 882-894

„… of other instruments. From the case law of the Court of Justice, it is hard to draw conclusion on how …” „… them the choice as to how to achieve it”. Therefore it does not contain “any unconditional and …” „… that “Having regard to the fact that the scheme at issue in the main proceedings lays down rules …”

Mark Bell Article 15 RESC The right of persons with disabilities to independence, social integration and participation in the life of the community S. 307-310

„… gradually developed thanks to three instruments: the UN provisions, in particular those of the ILO; EU law …” „… Espaňa ETT SA [2010] ECR I-8661 Article 15 RESC The right of persons with disabilities to independence …” „… , social integration and participation in the life of the community With a view to ensuring to persons with …”

Etienne Pataut Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II) S. 674-677

„… . They launched a profound reflection on how to improve the existing instrument. Two proposals were put …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Introduction The Rome 2 Regulation governs the law applicable to torts. The Regulation is not …” „… specifically designed to govern employment contracts, but a tortious action might relate to labour issues …”

Anna Alaimo Pre. Articles 101–106 TFEU S. 94-97

„… and more respectful towards the social dimension of the European Union – does not yet permit to …” „… ; Ashiagbor, Diamond, ‘The right to work’, in De Burca, Gráinne and De Witte, Bruno (eds), Social Rights in …” „… competition within the internal market and was related to other provisions of the EEC Treaty, in particular …”

Siska Dubbert, Franz Christian Ebert ILO Convention 150 Labour Administration Convention, 1978 (No.150) S. 403-427

„… Committee of Experts in relation to Convention No. 150 on how such independence can be assured in practice …” „… administration to work towards this goal and to give effect to the objectives of the said Conventions, and …” „… consultation procedures According to Article 6 of Convention No 144 the ratifying Members may authorise the …”

Vania Brino ILO Convention 168 Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) S. 427-431

„… norm for how workers should be treated (e.g. in terms of remuneration); instead it aims to ensure that …” „… the right to social security, drawing up a series of Conventions and Recommendations providing …” „… outlining the legislative contents of the right to social security beginning with the assumption that …”

Carla Spinelli ILO Convention 47 Forty-Hour Week Convention, 1935 (No. 47) S. 1332-1336

„… topic, in order “to find an appropriate, widely acceptable balance between workers’ needs (which should …” „… position to bring about a reduction in hours of work without reducing total production or productivity …” „… application of this Convention to Rumania the date at which its provisions shall be brought into operation in …”

Franz Christian Ebert ILO Convention 182 Worst Forms of Child Labour Convention, 1999 (No. 182) S. 1165-1179

„… , para 454. 22 On the debate as to how to define childhood see Holly Cullen, The Role of International …” „… denunciations communicated to him by the Members of the Organisation. 2. When notifying the Members of the …” „… Organisation of the registration of the second ratification communicated to him, the director-General shall …”

Emmanuelle Mazuyer Article 4 RESC The right to a fair remuneration S. 272-277

„… should cover, when applicable, special bonuses and gratuities. Several points need to be clarified. How …” „… there is no competence under some other European instrument to adopt any rule on this topic. For …” „… legitimates that they are grouped together. II. The right of workers to a remuneration such allowing a decent …”

Antonio Lo Faro Article 152 TFEU S. 150-155

„… Collective Agreements as a Regulatory Device in European Labour Law: How to Read Article 139 EC’ (2005) 34 …” „… the Union’. Together with other provisions related to the principle of ‘democratic equality’ (Article …” „… effectiveness to Transnational Agreements is maintained by S Sciarra, M Fuchs and A Sobczak, Towards a Legal …”

Edoardo Ales ILO Convention 187 Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) S. 1437-1454

„… too in providing guidelines and information on how to apply OSH requirements, and facilitate broad …” „… , rationalizes and prioritizes the ILO commitment towards a preventative and systemic approach to OSH, in …” „… more conscious commitment of the ILO towards a preventative and systemic approach to OSH. Moreover, by …”

Giovanni Orlandini Article 21 TFEU S. 26-41

„… Rights Directive, by recognizing in it an instrument to limit welfare tourism, more than a tool for …” „… , phase (which took shape clearly with the Dano case)3 seems to be inspired by an opposite approach, which …” „… judgments do not have to be necessarily interpreted as being in conflict, as if the opening towards a …”

Maria Teresa Carinci ILO Convention 158 Termination of Employment Convention, 1982 (No. 158) S. 1149-1165

„… workplace policies that are relevant and responsive to the needs of workers and employers. Final remarks …” „… Convention n° 156 is a testament to the long standing commitment to devise policy solutions aimed at …” „… facilitating workers’ access to decent work by addressing and supporting family responsibilities. This issue is …”

Teun Jaspers Article 22 RESC The right to take part in the determination and improvement of the working conditions and working environment S. 330-336

„… effective enforcement of the rights enshrined in Article 22. Different tools to exercise the right have to …” „… -8163 Article 22 RESC The right to take part in the determination and improvement of the working …” „… conditions and working environment With a view to ensuring the effective exercise of the right of workers to …”

Teun Jaspers Article 29 RESC The right to information and consultation in collective redundancy procedures S. 354-361

„… one of the options the EU Directive provides.9 Another issue discussed is how to count the number of …” „… ECtHR Danilenkov and others v. Russia Article 29 RESC The right to information and consultation in …” „… collective redundancy procedures With a view to ensuring the effective exercise of the right of workers to be …”

Helen Stalford Article 32 CFREU Prohibition of child labour and protection of young people at work S. 219-225

„… context in determining how to interpret and apply Article 32. The dominant narrative of child …” „… protection of young people at work The employment of children is prohibited. The minimum age of admission to …” „… employment may not be lower than the minimum school-leaving age, without prejudice to such rules as may be …”

Silvia Borelli Article 8 TFEU S. 7-13

„… policies of the Union, with a view to promoting equality between women and men. It means assessing how …” „… Union shall aim to eliminate inequalities, and to promote equality, between men and women. I. Foreword …” „… ) and specified that in all its activities, the Community “shall aim to eliminate inequalities, and to …”

Tzehainesh Teklè ILO Convention 111 Discrimination (Employment and Occupation) Convention, 1958 (No. 111) S. 612-630

„… Tzehainesh Teklè 617 15 16 uality, to unnecessary physical contact (from touching to assault).25 Importantly …” „… measures should not be seen as an exception to the principle of equality but rather as part of the tools …” „… discrimination. This is an essential tool, according to the Court, to protect workers’ fundamental rights and to …”

Ségolène Barbou des Places Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers S. 800-806

„… combined with options 3 and 5 in order to ensure a common understanding of how to apply the rules and to …” „… the total number of cases attributed to DG Employment. Accordingly, problems of compliance of national …” „… Communication entitled ‘Towards a job-rich recovery’,7 the Commission announced its intention to present a …”

Eugenia Caracciolo di Torella ILO Convention 156 Workers with Family Responsibilities Convention, 1981 (No. 156) S. 1142-1149

„… employment relationship. Taken together they are essential to ensure that women’s reproductive role is …” „… 156 Eugenia Caracciolo di Torella 1145 10 11 Articles 3 and 4 Article 3 1. With a view to creating …” „… 140 features in the list of conventions which undertakings – both public and private – seeking to …”

Valérie Michel Directive 2005/36/EC on the recognition of professional qualifications S. 713-785

„… the application of this Directive to the European Parliament and the Council, together with any …” „… the applicant’s IMI file. Putting together the application is easy as the documents to provide are …” „… sought in various Member States. Lastly, potential employers have access to a tool enabling them to check …”

Jeff Kenner Article 9 TFEU S. 13-21

„… . Totally Wicked, a UK-based retailer, disputed that electronic cigarettes are harmful to human health and …” „… observed, the HSC has the potential to represent ‘a major step forward towards a more social EU’ but ‘only …” „… Neighbourhood Policy40 pay attention to strengthening support for women’s rights and gender …”

Vito Leccese Directive 2003/88/EC concerning certain aspects of the organisation of working time S. 1285-1321

„… easy to understand, then, how in many circumstances, the role of national judges is essential in this …” „… need; if the opposite is true, it is not possible to see how the rest can be effective. It should be …” „… that two sessions, even if they are brief, might be so close together that the worker is unable to …”

Myriam Benlolo Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States S. 692-713

„… secondary law at the time showed how reluctant the Member States were to open their social assistance …” „… .95 Here is the today much controversial limit to EU solidarity, at a time of major social, political …” „… application of this Directive to the European Parliament and the Council, together with any necessary …”

Etienne Pataut Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) – Articles 8 and 9 S. 664-674

„… laws. The difficulty is to determine how to compare the two systems. Three possibilities appear: (i …” „… towards his employer.” Such a broad interpretation ensures both stability to the applicable law and …” „… applicable law. The EJC took this risk very seriously, and decided to use this secondary factor as little as …”

Tzehainesh Teklè ILO Convention 100 Equal Remuneration Convention, 1951 (No. 100) S. 602-612

„… , albeit not sufficient, tool to reduce income inequality between men and women and promote equal pay for …” „… : Sandra Fredman, The Right to Equal Pay for Work of Equal Value, Background Paper for the Working Group on …” „… instruments affirming such a principle. The Preamble to the ILO Constitution of 1919 affirms that the …”

Ellen Birkhahn, Ulla Gläßer Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters S. 1650-1678

„… mechanism.73 The matter of how a mediated agreement is made enforceable is left to the Member States.74 Not …” „… position to force the employee to accept the choice of court. If an agreement was reached, it is presumed …” „… employee. That is the second case: the agreement “allows the employee to bring proceedings in courts other …”

Iacopo Senatori Directive 2005/56/EC on cross-border mergers of limited liability companies, Art 16 – Employee participation S. 1592-1601

„… from the SED framework, the CBMD adopts a special provision on how to handle structural changes that …” „… total number of employees – unless the special negotiating body decides to lower or remove this …” „… involvement, towards the interests of the employers. In fact, it permits to carry out the merger swiftly and …”

Antonio Lo Faro Article 155 TFEU S. 165-176

„… : How to Read Article 139 EC’ (2005) 34 ILJ 23; F Guarriello, Ordinamento comunitario e autonomia …” „… support towards social partners’ regulatory capacities is confirmed, just to give an example, by the …” „… social dialogue to be discussed in an EU court. In the UEAPME case,20 the Court of First Instance (today …”

Jean-Philippe Lhernould Directive 2008/104/EC on temporary agency work S. 894-906

„… different ideas about working hours and how to regulate them in different states. Article 3 allows states to …” „… of interim work is too narrow with regard to Article 4(1). In the long run, the “AKT” case raises the …” „… Application to more specific EU provisions Clause 8(2) takes into account the need to coordinate …”

Achim Seifert ILO Convention 144 Tripartite Consultations, 1976 (No. 144) S. 391-403

„… ) Report III to the International Labour Conference, Geneva 2000; International Labour Office, Towards …” „… Philadelphia (among which the principle of freedom of association, A.S.), and have undertaken to work towards …” „… Application of Conventions and Recommendations, General Survey of the Reports Relating to Convention No 144 …”

Silvia Borelli Article 157 TFEU S. 176-188

„… provided guidance on how to pursue the comparison, but this has lacked consistency. Sometimes the scope of …” „… Due to delays in the implementation of the principle of equal pay for women and men, this topic became …” „… procedure, and after consulting the Economic and Social Committee, shall adopt measures to ensure the …”

Edoardo Ales ILO Convention 161 Occupational Health Services Convention, 1985 (No. 161) S. 1413-1428

„… specify how this has to be identified or established by the Members. The only clear point is that …” „… support to the OHS in the execution of their duties (para 44(2)). On top of that, once again according to …” „… terms of duty to inform. This duty is provided in favor of the workers who, together with their employer …”

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier General Introduction

„… to the ESC or took the option of accepting it when ratifying the RESC. In relation to those states …” „… to rescue the ILO from its current marginalized status’.69 Given the wide range of topics addressed …” „… the sources of EU law need to be interpreted uniformly, it is not only the case law of the Court of …”

Daniel Ulber Article 28 CFREU Right of collective bargaining and action S. 1457-1492

„… overruled the freedom of the companies to decide how they want to perform their private autonomy and defined …” „… Swedish building sector were seen as too uncertain and unpredictable for the firms posting workers to …” „… respective organisations, have, in accordance with Union law and national laws and practices, the right to …”

Siska Dubbert, Franz Christian Ebert ILO Convention 129 The Labour Inspection Convention (Agriculture), 1969 (No. 129) S. 1106-1120

„… 3 refers to possibilities on how to place the labour inspection services “under 15 Ibid., para 60 …” „… requiring-- (a) such alterations to the installation, plant, premises, tools, equipment or machines, to be …” „… Convention comes into force this Convention shall cease to be open to ratification by the Members. 2. This …”

Sylvaine Laulom Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights S. 996-1012

„… obligation for the national judges to make a reference to the ECJ: ‘the question as to how the concept of a …” „… efficient. This ‘fitness check’ brought also to light a number of gaps and shortcomings and the Commission …” „… definitions of the notions of ‘information’ and ‘consultation’. Another issue, according to the Commission …”

Antonio Riefoli ILO Convention 189 Domestic Workers Convention, 2011 (No. 189) S. 916-934

„… discretion in how to apportion the various duties. It is worth noting that paragraph 5 of the Recommendation …” „… towards ensuring equal treatment between domestic workers and workers generally in relation to normal …” „… , who were subject to long working hours and frequently told to remain on standby beyond their core …”

Anne Trebilcock ILO Convention 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Convention 98 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and Convention 154 – Collective Bargaining Convention, 1981 (No. 154) S. 1492-1513

„… 26 that contributed to a move towards democracy in Poland and later throughout Central and Eastern …” „… Hendrickx (n 6) and Tonia Novitz, ‘The EU and the Right to Strike: Regulation through the Back Door and Its …” „… Doth Protest Too Much, Methinks’ – The Right to Strike, International Standards and the Supreme Court …”

Naj Ghosheh, Martine Humblet, Valerio De Stefano Maritime Labour Convention, 2006 (MLC, 2006) S. 1179-1200

„… not ratified Convention no. 87, expressly requested the Government to “indicate how account is taken …” „… regulations contained in Annex I to the International Convention on Tonnage Measurement of Ships, 1969, or any …” „… International Tonnage Certificate (1969); (d) maritime labour certificate means the certificate referred to in …”

Marie-Ange Moreau ILO Convention 29 Forced Labour Convention, 1930 (No. 29) S. 1049-1073

„… vulnerable groups: children, women, disabled people and other to explain how, in a specific context …” „… to abstain and an obligation to act. States must neither proceed to exaction, nor tolerate exactions …” „… used together. Referring to the definition of trafficking in persons in the Palermo Protocol, the …”

Iacopo Senatori Directive 2003/72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees S. 1567-1592

„… , the procedures as to how these members may be elected, appointed, recommended or opposed by the …” „… understanding of the topics and the reasoning developed in this chapter it is advisable to read it in …” „… participation in the arrangements for employee involvement, either together with or as an alternative to …”

Elise Muir, Lisa Waddington Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation S. 520-547

„… courts34 after building a set of general guidelines on how to assess comparability. It is required ‘not …” „… develops a set of legal tools tailored to the grounds it covers. Importantly thus, sexual orientation …” „… 2 are intended to constitute a toolbox to tackle not only manifest but also more subtle cases of …”

Elaine Dewhurst Introduction: Labour Rights of Third-Country National Workers in the European Union S. 806-840

„… : From Externalisation of Border Management to a Comprehensive Policy?’ (2013) 15 European Journal of …” „… incoherence in policy development essentially stems from two sources: firstly, a need to placate Member State …” „… , a need to respond to certain economic, social and political “challenges and shocks”3 such as …”

doi.org/10.5771/9783845266190

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Marc Gallicchio

The Scramble for Asia

2011

Results in this title

Preface

„… this book is to show how American officials soughtto translate victory over Japan into a lasting peace …” „… contemporaryevents often combine to shape how the historian thinks about the past. DuringP R E F A C E xithe last …” „… classes werealways required to think about how Americans sought to reconcile the exis-tence of …”

Chapter 01. Intermission S. 1-28

„… Hoover shifted thediscussion to the topic of how to best end the war currently underway. Ac-cording to …” „… over Japan.When asked about how to treat Hirohito, only 3 percent of respondentsthought the United …” „… notablythe future of the imperial institution. That was certainly how Truman meanthis speech to be heard.8 …”

Chapter 02. The Politics of Surrender S. 29-62

„… to secure key points in Japan if Tokyo sud-denly threw in the towel. Thus even before they received …” „… partitionedAfrica or China without regard to the desires of the inhabitants of thoseplaces. At least that is how it …” „… officerswho had drafted most of the order were particularly nervous about how theSoviets would respond to the …”

Chapter 03. The High Water Mark S. 63-98

„… policy and strategy. According toBrigadier General George A. Lincoln, the army’s top planner, the armed …” „… to subdue the rem-nants of General Yamashita Tomoyuki’s forces. Yamashita had 50,000 men un-der his …” „… how he planned to de-mocratize Japan. He would begin by destroying Japan’s ability to make war,and …”

Chapter 04. Domestic Politics and Foreign Policy S. 99-124

„… over Indochina as the first step in a gradual transition to inde-pendence. How American forces could be …” „… attempted to have a say in how the American government projected itsmilitary power across the Pacific …” „… provinces. Toward that end, he was willing toaid the Chinese Communists’ return to Manchuria. But Stalin …”

Chapter 05. Occupational Hazards S. 125-144

„… the creation of a toothless Al-lied Control Council to advise MacArthur in Tokyo. Regarding Korea, the …” „… authorities brought the rate down to a more tol-erable 50 per thousand in combat units. As one historian has …” „… , how-ever, it also undermined American efforts to win the support of local popula-tions and in some …”

Chapter 06. A Lingering Presence S. 145-186

„… army’s occupation of Korea remained undecided.Ideally, American policy makers would be able to choose how …” „… trialsresulted in twenty-eight convictions. Seven of the accused, including Tojo,were sentenced to hang. Defense …” „… intentions of the Soviet Union they were just beginning to thinkabout how to address that problem. In the …”

Selected Bibliography S. 193-202

„… conditions in the Philippinesand American policy toward the islands from liberation to independence:H. W …” „… , Spector gives equal time to British operations in Southeast Asia and pres-ents a truly international …” „… of the great powers’ failure to accommodate the forces of Asian na-tionalism was originally published …”

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