Monday, 14 May 2012

How about the R.O.C 's Labour Law and Labour Union Law !

International  community   enforcement  is   so  poor  .  

Birth of the international labour law

The first moves toward international labour conventions date back to the beginning of the 19th century. Robert Owen in England, J.A. Blanqui and Villerme in France, and Ducepetiaux in Belgium are considered precursors to the idea of international regulation of labour matters. However, David Legrand, an industrialist from Alsace, put forward this idea most systematically, defending it and developing it in repeated appeals addressed to the governments of the main European countries from 1840 to 1855.
In the second half of the 19th century, the idea was first taken up by private associations. Thereafter, a number of proposals to promote international regulation of labour matters were made in the French and German parliaments. The first official initiative came from Switzerland – where, following proposals made in 1876 and 1881 and in consultation with other European countries, the Swiss government suggested convening a Conference on the matter in Bern in May 1890.
The establishment of an International Association for the Legal Protection of Workers, the seat of which was in Basle, was followed by a congress held in Brussels in 1897. The activity of this private organization led the Swiss government to convene international conferences in 1905 and 1906 in Bern, where the first two international labour conventions were adopted. One of these related to the prohibition of night work for women in industrial employment, and the other to the prohibition of the use of white phosphorus in the manufacture of matches.
During World War I, the trade union organizations of both sides, as well as those of neutral countries, insisted that their voice be heard at the time of the settlement of peace, and that the peace treaties contain clauses for improving the condition of workers. The peace conference entrusted the examination of this question to a special commission known as the Commission on International Labour Legislation. The work of the Commission led to the inclusion in the Treaty of Versailles and the other peace treaties of Part XIII, which dealt with labour matters. This section of the treaties provided for the establishment of an International Labour Organization, which might adopt conventions and recommendations in this field. Conventions would be binding only on those states which ratified them. (See Constitution of the International Labour Organization, adopted by the Peace Conference in April of 1919)
In October 1919, the International Labour Conference met in Washington to adopt the first Conventions and to appoint the Governing Body. Since then, the International Labour Conference has met regularly in general once a year, except during the Second World War.
At the end of the Second World War, the International Labour Conference adopted in May 1944, in Philadelphia, a Declaration (Philadelphia Declaration), which defined again the aims and purposes of the Organization. This Declaration reaffirmed in particular,
  • that labour is not a commodity,
  • that freedom of expression and of association are essential to sustained progress,
  • that poverty anywhere constitutes a danger to prosperity everywhere and
  • that the war against want requires to be carried on with unrelenting vigour within each nation, and by continuous and concerted international effort in which the representatives of workers and employers, enjoying equal status with those of governments, join them in free discussion and democratic decision with a view to the promotion of the common welfare.
The Declaration affirmed that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity. It also referred to the social aspect of economic and financial measures.
The Declaration then defined a number of specific objectives of the ILO, such as
  • full employment and the raising of living standards,
  • facilities of training policies in regard to wages, hours of work and other conditions of work calculated to ensure a just share of the fruits of progress to all,
  • the effective recognition of the right of collective bargaining,
  • the co-operation of management and labour in the continuous improvement of productive efficiency, and
  • the collaboration of workers and employer in the preparation and application of social and economic measures, the extension of social security measures to provide a basic income to all in need of such protection, and comprehensive medical care, etc.
Apart from the ILO standards, an increasing number of bilateral and regional agreements have been concluded in the field of labour.
The general trend of agreements has been the constant broadening of their scope, both as regards the fields covered, the categories of persons protected and the framework within which the matters are treated. Thus a number of these instruments go beyond the traditional field of labour law and touch upon matters of civil liberties and penal law, of property law etc.
Main source of this section has been International Encyclopaedia for Labour Law and Industrial Relations, Supplement 163

Friday, 11 May 2012

Teritorial Disputes in the South China Sea .

                                        

[edit] Events

[edit] Taiwan

In 1939, Japan invaded and occupied the South China Sea islands. 1946 according to the "spirit of the Cairo Declaration and Potsdam Proclamation, China Ministry of the Interior in conjunction with the Department of the Navy and the Guangdong provincial government to appoint Xiao Yin and Mak Yun Yu, Commissioner for The Spratly and Paracel archipelago, went to take over The Spratly and Paracel archipelago, build up the sovereignty of the monuments.
In 1952 according to "Treaty of Peace with Japan", the Spratly and Paracel archipelagobe were returned to China
In 1956, Taiwan's navy has dispatched the prestige fleet, the Weiyuan fleet and the Ning fleet to patrol the Spratly Islands.Cruise process, in the Pacific Island, South Island, West Tsukishima heavy tree monument, held a flag raising ceremony, and adapted for the "Nansha garrison" reassignment Marines to protect Pacific Island
In 1975, the Taiwan authorities claim the only legitimate sovereign of the Spratly. For the Philippines, Vietnam, Malaysia, successively seized the Spratly Islands.
January 28, 2000, the establishment of the Coast Guard Administration to take over the Pacific Island

[edit] Vietnam

1956-1971, South Vietnam occupy the The Spratly Islands, and issued a declaration of sovereignty over the The Spratly; 1958,September 14, the North Vietnamese Premier Pham Van Dong sent Premier Zhou Enlai in a formal diplomatic correspondence. In this correspondence, recognized that The Spratly and Paracel archipelago have been China's territory since ancient times. The government official letter written on the Vietnamese Government fully agree with the Declaration and its Annexes of the Chinese Government on the 12-mile on February 14, 1975, new Vietnam claimeded that "sovereignty" on The Spratly and Paracel archipelago

[edit] China

In 1974, the outbreak of the Paracel Islands naval battle with Vietnam (South Vietnam), retaking the Paracel Islands was placed under the jurisdiction of Hainan.
In the 1988 Johnson South Reef Skirmish with Vietnam, China took back seven the Spratly Islands.
In 1997, China reaffirmed the U-shaped area in the South China Sea as Chinese territorial waters and Chinese sovereignty over of all reefs within the area.

[edit] 2005

Chinese ships fired upon two Vietnamese fishing boats from Thanh Hoa province, killing 9 people and detaining one ship.[16]

[edit] 2009

  • In March 2009: The Pentagon reported that Chinese ships harassed a U.S. surveillance ship. According to the report, five Chinese vessels "shadowed and aggressively maneuvered in dangerously close proximity to USNS Impeccable, in an apparent coordinated effort to harass the U.S. ocean surveillance ship while it was conducting routine operations in international waters.” The crew members aboard the vessels, two of which were within 50 feet, waved Chinese flags and told the U.S. ship to leave the area, the statement said. [17]

[edit] 2011

  • 26 May: The clash involved the Vietnamese Binh Minh 02 oil and gas survey ship and three Chinese maritime patrol vessels occurred 120km (80 miles) off the south-central coast of Vietnam and some 600km south of China's Hainan island. Vietnam says the Chinese boats deliberately cut the survey ship's cables in Vietnamese waters. China denies the allegation.[18] The event stirred up unprecedented anti-China protests in Hanoi and Ho Chi Minh city.[19]
  • On June 9th, 2011, a Norwegian-flagged seismic conducting ship hired by Vietnam Oil & Gas Corporation (PetroVietnam) clashed with another three Chinese fishery patrol vessels within Vietnam’s Exclusive Economic Zone. Vietnam once again claimed its exploration cables were deliberately cut. [1]
““China’s systematic action is aimed at turning the undisputed area belonging to Vietnam into an area under dispute in order to materialize China’s nine-dotted line claim in the East Sea. This is unacceptable””
—Vietnamese spokeswoman Pham Phuong Nga, following the June 9th incident

[edit] 2012

  • In April 2012, the Philippine warship Gregorio del Pilar was involved in a standoff with two Chinese surveillance vessels in the Scarborough Shoal, an area claimed by both nations[20]. The Philippine navy had been trying to arrest a group of Chinese fisherman, but the surveillance boats prevented them. On April 14, 2012, U.S. and the Philippines held their yearly war games in Palawan, Philippines. The games involved 4,500 US personnel and 2,300 Filipino troops. "Our aim is not against any country, our aim is to protect maritime security and to protect the interests of our country," said Major Emmanuel Garcia, Philippine military spokesman for the games. [21]
  • On April 16, 2012, the Chinese Foreign Ministry urged a Philippine archaeological ship to immediately leave the waters of the Scarborough Shoal (Huangyan Island), which China claims is an "integral part of its territory"[22].
  • On May 7 2012, Chinese Vice Foreign Minister Fu Ying called a meeting with Alex Chua, Charge D'affaires of the Philippine Embassy in China, to make a serious representation over the current incident at the Scarborough Shoal (Huangyan Island), telling him that China has "made all preparations to respond to any escalation of the situation by the Philippine side"[23]. China also warned its nationals against travel to the Philippines and raised trade barriers on imported pineapples and bananas[24].

Wednesday, 9 May 2012

Some Quates of Albert Einstein.


  • Life is like riding a bicycle. To keep your balance you must keep moving.
    • Letter to his son Eduard (5 February 1930), as quoted in Walter Isaacson, Einstein: His Life and Universe (2007), p. 367
  • I believe that whatever we do or live for has its causality; it is good, however, that we cannot see through to it.
    • Interview with Rabindranath Tagore (14 April 1930), published in The Religion of Man (1930) by Rabindranath Tagore, p. 222, and in The Tagore Reader (1971) edited by Amiya Chakravarty
  • The really good music, whether of the East or of the West, cannot be analyzed.
    • Interview with Rabindranath Tagore (14 April 1930), published in The Religion of Man (1930) by Rabindranath Tagore, p. 222, and in The Tagore Reader (1971) edited by Amiya Chakravarty
  • To punish me for my contempt of authority, Fate has made me an authority myself.
    • Aphorism for a friend (18 September 1930) [Einstein Archive 36-598]; as quoted in Albert Einstein: Creator and Rebel (1988) by Banesh Hoffman
  • I never think of the future. It comes soon enough.
    • Attributed in The Encarta Book of Quotations to an interview on the Belgenland (December 1930), which was the ship on which he arrived in New York that month. According to The Ultimate Quotable Einstein by Alice Calaprice (2010), p. 18, the quote also appears as "Aphorism, 1945-1946" in the Einstein Archives 36-570. Calaprice speculates that "perhaps it was recalled later and inserted into the archives under the later date." According to a snippet on google books, the phrase '"I never think of the future," he said. "It comes soon enough."' appears in The Literary Digest: Volume 107 on p. 29, in an article titled "We May Not 'Get' Relativity, But We Like Einstein" from 27 December 1930. The snippet also discusses the "welcome to Professor Einstein on the Belgenland" in New York.
  • Peace cannot be kept by force. It can only be achieved by understanding. You cannot subjugate a nation forcibly unless you wipe out every man, woman, and child. Unless you wish to use such drastic measures, you must find a way of settling your disputes without resort to arms.
    • From a speech to the New History Society (14 December 1930), reprinted in "Militant Pacifism" in Cosmic Religion (1931). Also found in The New Quotable Einstein by Alice Calaprice, p. 158.
  • It is my view that a vegetarian manner of living by its purely physical effect on the human temperament would most beneficially influence the lot of mankind.
    • From a letter to Harmann Huth, 27 December 1930. Supposedly published in German magazine Vegetarische Warte, which existed from 1882 to 1935. Einstein Archive 46-756. Quoted in The New Quotable Einstein by Alice Calaprice (2005), p. 281

North Carolina Approves Gay Marraige Ban .

As expected, North Carolinians voted in large numbers on Tuesday for an amendment that would ban same-sex marriages, partnerships and civil unions, becoming the 30th state in the country and the last in the South to include a prohibition on gay marriage in the state constitution.
                           It  is  not  a  Human-Rights Issue  . It   is  the   U.S.  Civilization  Issue  . 
                          It  is  against   the   Three   Kingdoms   of   the  Nature  , the animal  ,   the  plant    and   the  mineral  .   
                          
  

Tuesday, 8 May 2012

Voters in Europe reject Austerity ...

The results in France and Greece came after a tumultuous few weeks in which the Dutch government fell and Britain's Conservative-led coalition received a licking in local elections. In all cases, front and

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center was the growing debate over austerity vs. growth, with opponents of strict cuts arguing that those tactics are succeeding only in driving the region's economies into the ground.
The pushback in Europe could hold tough lessons for the U.S., where government spending and the deficit have emerged as major election-year issues. Presumed Republican nominee Mitt Romney has vowed to cut the deficit at a faster pace than President Barack Obama. But the mixed results of such policies in Europe
Outgoing French President Nicolas Sarkozy conceded defeat minutes after the polls closed, saying he had called Francois Hollande to wish him "good luck" as the country's new leader. ( Associated Press: Michel Euler)
- where a voter backlash has brought down leaders in Italy, Spain, Ireland, Portugal and now France and Greece - could make the argument for speedy deficit reduction more difficult.
In Europe, the rapidly changing political landscape is throwing up new challenges as the region struggles to end a debt crisis that has loomed over the global economy for more than two years. That is especially true for Merkel, who has led the argument that such woes can be fixed only by foisting fiscal restraint - of the kind Germany imposed after its 1990 reunification - on heavily indebted nations that share the euro currency.
In Germany, meanwhile, Merkel's party faced a setback in regional elections Sunday, with her Christian Democrats in danger of losing power in their fourth state in two years after their worst showing in Schleswig-Holstein since 1950.
Farther west, a triumphant Hollande said Sunday that he would work for "a reorientation of Europe, for growth, for employment, for the future." He added that "in quite a few European countries" hit by austerity, his arrival marked "a relief, a sign of hope." He conceded that France must get a grip on its deficit but said he wanted to add a "dimension of growth" to the debt-reduction struggle, adding: "This is what I will tell our friends and, above all, Germany, in the name of the friendship that unites us."
Analysts say voters across the region generally appear to support the notion of good fiscal governance and balanced budgets. But those spending cuts have come too quickly for European electorates, and they see their leaders as unable to link the austerity measures with new engines of growth.
"We have a problem, and all of Europe has a problem" with austerity, said Eleni Vardakis, 42, a nurse at a hospital in Athens. Public health spending has been subjected to major cuts in Greece because of bailout conditions imposed by the International Monetary Fund and the European Union. "People have done enough. They're willing to do even more if they see there's a future. We're trying to move toward the light, but it's getting further and further ahead."
Since the onset of Europe's debt crisis in September 2009, the response has been largely guided by two leaders - Merkel and Sarkozy. That partnership was key in drafting the bailouts for Greece, Ireland and Portugal, and in the inking of a fiscal accord for the region in December that places strict and enforceable limits on public spending to reassure investors
                              

The U.S. would stir in the South China Sea to make a flash point in Asia-Pacific Region .

A task force from the PLA Navy visiting Hong Kong. Qiao Liang believes more pressure should be put on nations with rival claims in the South China Sea. (Photo/CNS)
Qiao Liang, a Chinese general who co-authored the book Unrestricted Warfare says that China needs to think more like the United States when dealing issues regarding the South China Sea, according to Duowei News, a New York-based news outlet operated by overseas Chinese who are opposed to the Communist Party.
According to Qiao, what China lacks today is not really strength, but initiative and flexibility. He said that the only policy the Chinese government currently has when facing disputes with smaller nations with rival claims in the South China Sea is to back down. This should not be an option for a strong nation like China, Qiao said. He encouraged Beijing to learn more from the United States. Taking as an example the US bombing of the Chinese embassy in Belgrade during the NATO bombing compaign against Serbia in 1999, Qiao said that the US ducked its responsibility for the incident by calling it "accidental."
Qiao said China should learn how to use its "smart power" better than the US and asked why the Chinese government is unable to copy the thinking of the United States. With the United States trying to contain China indirectly in the South China Sea region by allying with countries such as Vietnam and the Philippines, who have competing territorial claims in the maritime region, Qiao said China needs to find an appropriate way to counter this new challenge. Because the United States needs help from China in handling various diplomatic issues, Qiao suggested Beijing should use the issue of the South China Sea as a bargaining chip when dealing with Washington.
If the United States needs assistance from China in dealing with the international problems such as North Korea and Syria, China needs help from the United States in dealing with Vietnam and the Philippines. Relations between Beijing and Washington should be "equal," said Qiao. Qiao stated that it is important for China's leaders to know that Beijing should not be the only one to back down where its interests are concerned. When yielding to foreign powers, Qiao said the Chinese should gain something in return.
More than a decade after the bombing of the Chinese embassy in Yugoslavia, Qiao said China had learned very little from the lesson and should do more to protect its national interests in the South China Sea. It would not be wise for China to resolve the disputes by starting a war, but it should at least put some pressure on those nations wishing to exploit the natural resources in the region
                                

Thursday, 3 May 2012

Austerity Effects .

                                  Typical effects
Development projects, welfare, and other social spending are common programs that are targeted for cuts: Taxes, port and airport fees, train and bus fares are common sources of increased user fees.
In many cases, austerity measures have been associated with protest movements claiming significant decline in standard of living. A case in point is the nation of Greece. The financial crisis—particularly the austerity package put forth by the EU and the IMF— was met with great anger by the Greek public, leading to riots and social unrest. On 27 June 2011, trade union organizations commenced a forty-eight hour labor strike in advance of a parliamentary vote on the austerity package, the first such strike since 1974. Massive demonstrations were organized throughout Greece, intended to pressure parliament members into voting against the package. The second set of austerity measures was approved on 29 June 2011, with 155 out of 300 members of parliament voting in favor. However, one United Nations official warned that the second package of austerity measures in Greece could pose a violation of human rights.[5]

[edit] Controversy

Austerity programs can be controversial. In the Overseas Development Institute briefing paper "The IMF and the Third World" the ODI addresses five major complaints against the IMF's austerity 'conditionalities'. These complaints include these measures being "anti-developmental", "self-defeating", and "they tend to have an adverse impact on the poorest segments of the population". In many situations, austerity programs are implemented by countries that were previously under dictatorial regimes, leading to criticism that the citizens are forced to repay the debts of their oppressors.[6][7][8]
Economist Richard D. Wolff has stated that instead of cutting government programs and raising taxes, austerity should be attained by collecting (taxes) from non-profit multinational corporations, churches, and private tax-exempt institutions such as universities, which currently pay no taxes at all.[9]
In 2009, 2010, and 2011, workers and students in Greece and other European countries demonstrated against cuts to pensions, public services and education spending as a result of government austerity measures.[10][11] Following the announcement of plans to introduce austerity measures in Greece, massive demonstrations were witnessed throughout the country, aimed at pressing parliamentarians to vote against the austerity package. In Athens alone 19 arrests were made while 46 civilians and 38 policemen had been injured by June 29, 2011. the third round austerity has been approved by the Greece parliament on February 12, 2012 and has met strong opposition especially in the cities of Athens and Thessaloniki where the police have clashed with demonstrators.
Opponents argue that austerity measures tend to depress economic growth, which ultimately causes governments to lose more money in tax revenues. In countries with already anemic economic growth, austerity can engender deflation which inflates existing debt. This can also cause the country to fall into a liquidity trap, causing credit markets to freeze up and unemployment to increase. Opponents point to cases in Ireland and Spain in which austerity measures instituted in response to financial crises in 2009 proved ineffective in combating public debt, and placing those countries at risk of defaulting in late 2010.[12]

2008 , constitution of Myanmar .

                   
On 9 April 2008, the military government of Burma released its proposed constitution for the country to be put to a vote in public referendum on 10 May 2008, as part of its roadmap to democracy. The constitution is hailed by the military as heralding a return to democracy, but the opposition sees it as a tool for continuing military control of the country.
The legislative branch is the Union Assembly (ပြည်ထောင်စုလွှတ်တော် Pyidaungsu Hluttaw, which is a bicameral legislature consisting of the 440-seat People's Assembly and the 224-seat National Assembly. Military (Tatmadaw) member delegates are reserved a maximum of 56 of 224 seats in the National Assembly and 110 seats of 440 in the People's Assembly.[8] This is similar to former Indonesian and Thai constitutions.[citation needed]
The revisions in state structure, including the creation of self-administering areas were not implemented until August 2010.[9]
Foreign media often incorrectly allege that the constitution bars Aung San Suu Kyi from holding public office because of her marriage to a British citizen;[8] in fact, she would only be barred from the office of President, under the disqualification of those who have a spouse or children who are foreign citizens. There is no similar disqualification for any other public office.