Substance and Procedure in Private International Law
Substance and Procedure in Private International Law

Author: Richard Garnett

Publisher: OUP Oxford

Published: 2012-03-08

Total Pages: 496

ISBN-13: 0191629367

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When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.

The Limits of Regionalism
The Limits of Regionalism

Author: Robert G. Finbow

Publisher: Routledge

Published: 2017-11-28

Total Pages: 278

ISBN-13: 1351146149

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Assessing the effectiveness of the North American Agreement on Labour Cooperation (NAALC), this book examines the operation of the core institutions (the Secretariat and National Administrative Offices) over the past seven years. It discusses the main functions of these institutions in hearing public submissions on violations of labour laws and in conducting research and cooperative activities. Based on interview research, the analysis reviews the strengths and weaknesses of the accord to assess its contribution to a common labour relations regime in North America and its impact in creating new transnational communities of actors in government and civil society in the three countries. The NAALC is also compared with the social dimension of the European Union system, and a final assessment is made as to whether the NAALC institutions live up to the promises of their founders and whether these can be a model for labour relations in any future Free Trade Area of the Americas (FTAA) agreement.

Closing the Enforcement Gap
Closing the Enforcement Gap

Author: Leah Faith Vosko

Publisher: University of Toronto Press

Published: 2020-02-24

Total Pages: 470

ISBN-13: 1487534051

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The nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario’s Ministry of Labour. The authors reveal and trace the roots of a deepening "enforcement gap" that pervades nearly all aspects of the regime, demonstrating that the province’s Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, there is nothing inevitable about the enforcement gap in Ontario or for that matter elsewhere. Through contributions from leading employment standards enforcement scholars in the US, the UK, and Australia, as well as Quebec, Closing the Enforcement Gap surveys innovative enforcement models that are emerging in a variety of jurisdictions and sets out a bold vision for strengthening employment standards enforcement. Closing the Enforcement Gap Research Group Leah F. Vosko Guliz Akkaymak Rebecca Casey Shelley Condratto John Grundy Alan Hall Alice Hoe Kiran Mirchandani Andrea M. Noack Urvashi Soni-Sinha Mercedes Steedman Mark P. Thomas Eric M. Tucker International/Quebec Contributors Nick Clark Dalia Gesualdi-Fecteau Tess Hardy John Howe Guylaine Vallée David Weil

From Consent to Coercion
From Consent to Coercion

Author: Leo Panitch

Publisher: University of Toronto Press

Published: 2008-08-23

Total Pages: 286

ISBN-13: 9781442600966

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Published Under the Garamond Imprint From Consent to Coercion addresses several of the key issues about the future of unions and social democratic policies in Canada.

Testing Regimes, Accountabilities and Education Policy
Testing Regimes, Accountabilities and Education Policy

Author: Bob Lingard

Publisher: Routledge

Published: 2017-10-02

Total Pages: 207

ISBN-13: 1317354052

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Around the globe, various kinds of testing, including high stakes national census testing, have become meta-policies, steering educational systems in particular directions, and having great effects on schools and on teacher practices, as well as upon student learning and curricula. There has also been a complementary global aspect to this with the OECD’s PISA and IEA’s TIMSS and PIRLS, which have had impacts on national education systems and their policy frameworks. While there has been a globalized educational policy discourse that suggests that high stakes standardised testing will drive up standards and enhance the quality of a nation’s human capital and thus their international economic competitiveness, this discourse still manifests itself in specific, vernacular, path dependent ways in different nations. High stakes testing and its effects can also be seen as part of the phenomenon of the ‘datafication’ of the world and ‘policy as numbers’, linked to other reforms of the state, including new public management, network governance, and top-down and test-based modes of accountability. This edited collection provides theoretically and empirically informed analyses of these developments. This book was originally published as a special issue of the Journal of Education Policy.

Government Information Management in the 21st Century
Government Information Management in the 21st Century

Author: Ms Peggy Garvin

Publisher: Ashgate Publishing, Ltd.

Published: 2012-10-01

Total Pages: 245

ISBN-13: 1409486834

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Government Information Management in the 21st Century provides librarians, information professionals, and government information policy leaders with a comprehensive and authoritative state-of-the-art review of current issues in government information management with a global perspective. The widespread use of the Internet to provide government information and services has altered the landscape dramatically for those who organize, store, and provide access to government content. Technical challenges include digital preservation, authentication, security, and accessibility for a diverse user base. Management challenges include changes to costs, workflow, staff skills and resources, and user expectations. Public policies based on distributed paper collections must also change to address issues that are inherent to digital, networked, public content; such issues include the maintenance of personal privacy, re-use of government information, and the digital divide. The authors in this timely book are practitioners, scholars, and government officials. Together they provide an informed look at how managing government information is being tested at a time of rapid change. Part I addresses key issues for public, academic, and government libraries in organizing and providing access to government information. Part II features chapters on the diverse information issues facing governments, such as managing Freedom of Information requirements, opening government data to the public, and deploying new online technologies.