Juridical Tribune - Tribuna Juridica

20 - 31

Authors: PhD. Aneta TYC

The conclusion of bilateral free trade agreements is currently a phenomenon in considerable expansion and with significant potential. Many of them include a specific chapter relating to labour, eg. the EU-South Korea FTA Chapter entitled ‘Trade and Sustainable Development’, the CPTPP Chapter entitled ‘Labour’ or the CETA Chapter entitled ‘Trade and Labour’. The objective of this study is to improve the understanding of labour provisions, which are included in the ‘Trade and Sustainable Development’ Chapter of the EU and Japan’s Economic Partnership Agreement. The author researches different legal traditions between Japan and EU and concentrates on the lack of ratification on the part of Japan of the ILO Convention concerning Discrimination in Respect of Employment and Occupation, and the ILO Convention concerning the Abolition of Forced Labour (notwithstanding references to the ILO core standards in the EPA). She focuses her attention on the the dispute resolution mechanism included in the EPA, which does not establish sanctions for breaching the obligations under the ‘Trade and Sustainable Development’ Chapter and may thus stymie the ratification process and the effective enforcement of labour standards. Moreover, this study contributes to the literature by offering insights on the Committee on Trade and Sustainable Development, and the involvement of civil society in the implementation of the ‘Trade and Sustainable Development’ Chapter. Findings suggest insufficient transparency with respect to the work of this Committee and the Joint Dialogue with civil society.

49 - 72

Authors: Academician, habilitated professor Viktor MURAVIOV; Habilitated professor Nataliia MUSHAK; Professor Tetiana TARAKHONYCH

The article deals with the impact of the EU acquis on the international relations between states taking into account the sustainability of integration processes within European Union. The methods of comparative analysis, historical and legal research, systematical approach are widely applied through the scientific study. The authors underline that the expansion of EU primary and secondary legislation into third countries' legal orders is most often achieved as a result of the conclusion of international agreements whose provisions reproduce the prescriptions laid down in the treaties establishing the European Union and in acts adopted by institutions of the EU. Special attention is paid to the association agreements between the EU and Mediterranean countries that envisage a gradual formation of the free trade area and imply that adjacent to the EU will be an area of economic stability, contributing to the development of its integration processes. One of the key results of the study is the statement that cooperation between the European Union and third countries and international organizations is provided due to so-called ‘Europeanization’ of their legislation.

90 - 121

Authors: LLM. Katlego MASHIANE; Professor Kola O. ODEKU

The oppressive Apartheid government policy and laws of the past deliberately entrenched inequality, forced segregation and denied the majority of black Africans unfettered right of access to various socio-economic rights, goods and services, particularly housing. However, after the apartheid government was defeated in 1994, the African National Congress (ANC) became the new ruling government in South Africa and in a bid to redress the past injustices, particularly the imbalances in social, socio- and economic amenities where the majority blacks were excluded, the new government enacted the Constitution of the Republic of South Africa, 1996. It provides that all citizens are equal before the law and have the same rights, privileges and benefits for the mere fact of being citizens of the Republic of South Africa. Despite this, it is disheartening that most citizens, particularly the poor, indigent and the vulnerable still do not have access to adequate housing guaranteed in the Constitution. This article highlights poor quality housing delivery by the government as the major barrier to the realisation and fulfilment of access to adequate housing. It accentuates that this barrier is intensified because of the endemic corruption by the executive arm of government that have been bestowed with the responsibility to provide adequate housing for all. As part of the solution, the article examines comparative law and international law on the right to access to adequate housing using salient jurisprudence from the courts’ decisions to clarify and ascertain the content of adequate housing.

142 - 163

Authors: Professor Daniela NOVÁČKOVÁ; Associate professor Tomáš PERÁČEK; Associate professor Ľubomíra STRÁŽOVSKÁ; Boris MUCHA

This scientific study analyses in broader terms the financial crime in economic relationships. It introduces concrete facts and processes connected with financial crime that represents the global phenomenon of these days and has significant devastating effects on the economy, society and trust in the legal system. The financial crime has various forms that are more and more sophisticated in the digital era. The study contains updated data about the financial crime in Slovakia and identifies factors having impact on the financial crime. The aim of this study is to contribute to the expert discussion on current economic problems and to point out the responsibility in the management of companies. From among the scientific methods of knowledge we have also used the analytical and descriptive method to approach and analyse the legal situation. By comparative method we introduce different views on the legal regulation and the interpretation of examined notions. The contribution of this study for the theory and practice is pointing out on the undesirable social phenomenon with not only national, but also international dimension.