This monograph analyses the contract labour issues related to the business process outsourcing (BPO) of information technology enabled services (ITES) in India. India is one of the most popular outsourcing destinations for the ITES services. The Tenth Five Year Plan of the country identified BPO as the sunshine-sector for the country''s economy. It is in this backdrop that this monograph analyses the (contract) labour issues in the BPO-ITES sector. The monograph discusses the evolution of the contract labour system in India. It charts the development of the law relating to contact labour in the country. It analyses whether the existing legal framework of the country is adequate enough to address the issues involving the workers in the BPO-ITES sector. The monograph delineates some concrete proposals to devise a legal regime on contract labour that is attuned to the problems posed by the BPO-ITES sector. This monograph is intended for students and practitioners of Indian labour and law. It can serve as a reference book for researchers working on labour issues in the BPO sector. The monograph would also be a helpful reference for any person engaged with the BPO sector in India.
The study is based on a methodology proposed by European Association for Education Law and Policy for their research conducted in 2009 and devoted to commercialization, competition and corruption in European education. In the monograph, the attempt is made to apply their methods to analyze the commercialization, competition and corruption in Russian educational system that existed before the adoption of new educational legislation which came into force in 2013.
The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur. Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally. While the book is aimed primarily at students, and is designed to cover fundamental and topical areas of sports law (sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law), it should also prove of wider interest to practitioners, sports administrators and governing bodies; and though focused primarily on UK law it will also appeal to readers in Australia, Canada, New Zealand and the USA.
In an era where everything in the European legal world is constantly evolving, one can not refute that the effect which EU law still has on sports,is more than catalytic. This book pleads the case for crafting a new legal order for sports and specifically football which will be the case study here, outside or in the periphery of Community law. Furthermore, this work aims at demonstrating that we have reached the time for a new era in sports law in the European Union. This book firstly examines the evolution of sports law in the Union, as its wobbly foundations can substantiate the troubles we find ourselves in today, before dwelling on the need for a new legal regime for sports. It is thus the belief expressed in this work, that sports due to its polymorphic nature should be regulated by laws adapted to its specificity and not its business aspects.This book aims at contributing to the ever- growing literature on sports law in Europe and it is addressed to anyone who is fascinated by sports law and its intricacies.
Sports law has been growing rapidly over the last few years,regularly making headlines as well as leading to a developing body of law practised by specialist lawyers. This new work, by leading practitioners in the field, is the first to provide a coherent framework for understanding the law in this area, as well as a deep analysis of its key features. The subject can be split into various areas of practice. For example regulatory rules, which cover what can be described as the constitutional aspect of organised sport (this includes the enforcing of regulatory codes and the disciplinary procedures of the various sport governing organisations). Second, broadcasting and marketing which covers the revenue generated by the commercial exploitation of sports clubs, sporting events and players. This area has grown rapidly following the huge infusion of finance from television and corporate sponsorship into a growing number of sports. A third area is player representation, which focuses on the players and includes a broad range of legal issues including club transfers and player contracts (including the famous Bosman ruling), employment advice, personal injury litigation, disciplinary tribunals, discrimination law and remedies in the courts. The audience is solicitors and barristers, legal advisers to sports organisations and clubs, legal advisers to corporations and media companies, academics teaching sports law, sports administrators and law libraries.
Objective law of current stage of the market relations in Russia is the need to develop and improve the business infrastructure of entrepreneurships. The need of streamlined and efficient business organization, its adaptation to the global environment, determined the feasibility of forming methodological toolkit of consulting activities as a basic and the necessary element of business infrastructure. The monograph is devoted to actual problems of modern entrepreneurships in the context of the formation of business infrastructure and the improvement of consulting practice based on the outsourcing and customer management of relationships. Particular attention is paid to the impact of globalization to the development of business services market. Methodological aspects of improvement of consulting are described in the paper. The publication is intended for academics, educators, business consultants and entrepreneurs, it is useful for students who are studying marketing, management, and business.
The book is a result of teaching Comparative Law at Penza State University from 2004 till present time. It contains analysis of leading legal systems of contemporary world from different legal families. Every Legal System is a combination of laws (sometimes of precedents and customs), legal culture and legal institutions (including the courts), legal education and people in the legal profession. Legal Systems of different countries: Great Britain, USA, France, Germany, Scandinavian states, China, Japan, Turkey, India, Russia are analyzed in the monograph. This book aims at non-English speaking students, who desire to improve their skills in English and foreign colleagues, aspiring to understand Russian version of legal evolution and present condition of global legal order. Монография является результатом преподавания сравнительного правоведения в Пензенском государственном университете начиная с 2004 г. и по настоящее время. Каждая правовая система рассмотрена как сочетание законов (иногда прецедентов и обычаев), правовой культуры и правовых институтов, в том числе в судах, юридического образования и юридической профессии. Содержится анализ ведущих правовых систем Великобритании, США, Франции, Германии, Скандинавских государств, Китая, Японии, Турции, Индии, России. Издание адресовано российским студентам-юристам, желающим улучшить свое знание английского языка. 2-е издание. Издание полностью на английском языке.
Can we understand religion without media? Can we understand media without religion? How do these influent social sub-systems interact in public sphere? The author puts these questions into the context of contemporary Russia and analyzes media-religion relations from functional and ethical perspectives. Based on several case studies and the analysis of value dialogue in society, the monograph book examines the mediatization of religions and shows dysfunctions and "system errors" of the process in Russia. Classifying different situations when religions face the media and vice versa, the author presents some empirically proved dysfunctions in the coverage of religious life. Drawing attention to particular features of the Russian context (agenda-setting, public opinion, media landscape etc), the author analyzes a set of significant problems in media-religion relations: axiological (the lack of value consensus in Russian society), evaluative (almost invisible moral monitoring in mass media) and communicative (problems with the dialogue of value systems in the public sphere). The monograph book might be useful to sociologists, media and communications experts and journalists.
TESOL university education in Russian Federation has a lot of issues. This monograph touches upon main topics including: * Case-method as teaching method at universities * Computor versus paper-based reading * Second language learning as a mediated processs * How to become a good English language learner * Types of researches in second language studies * Teaching English as a foreign language. I am interested in trying to determine new directions in higher education that might head in the coming years.
When Compendium II was published about a year ago, we remarked that Russia had gone through legislative and political changes in 2012/2013 that - from a lawyer's perspective - could be described as dramatic. We would have been more cautious about using the word 'dramatic' had we known then what developments were to come in the year that followed. The impact of the Ukraine crisis on the Russian business environment, including business law, has been profound. Planned areas of development (such as reforming the civil law regime and introducing WTO rules following Russia's accession in 2012) have been outside the spotlight, while the political disputes between Russia and many Western countries relating to the events in Crimea and Eastern Ukraine, followed by the imposition of U.S. and EU sanctions, seemed capable of threatening the foundations of Russian business. The Ukraine crisis is not yet over, and the threat of more severe sanctions still hangs over business relations between Russia and its foreign partners. As a result, a significant number of chapters in this Compendium III discuss legal changes and sanctions legislation triggered by the situation in Ukraine. At the level of 'normal' legislative developments, there were still numerous changes over the past year with far-reaching consequences for Russian business law. The reform of the Russian Civil Code has been continuing, with various bills already enacted, and this process will continue. Readership. Managers, businesspeople, in-house counsel, lawyers in private practice and students will, we hope, find this book to be especially useful.
The monograph Legal regulation of the bodies responsible for financial and fiscal control in Romanian law incorporates a number of significant issues relating to all public bodies which contribute directly or which only facilitate the achievement of financial activities by means of which the financial policy of the state is applied, providing relevant information both on the Ministry of Public Finance (The Agency for Fiscal Administration, The Central Tax Commission, Tax Inspection) and on the Court of Auditors. Also, the work provides important information on the bodies with financial and fiscal control responsibilities, as well as important information on the incidents in terms of the competence of the financial and fiscal control bodies. The monograph is divided into a number of ten chapters which are in turn divided into sections and paragraphs.
The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law’s disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
Lawmaking is - paradigmatically - a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, it is sometimes vague what content they communicate, and even when it is clear, the content itself is sometimes vague. In this monograph, Hrafn Asgeirsson examines the nature and consequences of these two linguistic sources of indeterminacy in the law. The aim is to give plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? Asgeirsson argues that vagueness in the law is sometimes a good thing, although its value should not be overestimated. He also proposes a strategy for resolving borderline cases, arguing that textualism and intentionalism - two leading theories of legal interpretation - in a significant sense often complement rather than compete with each other.
That mass media could be dangerous for the psychological health of their consumers is a widely discussed topic. But what do governments do to prevent or at least diminish the negative effects of mass media? How do they protect the most vulnerable group in society – the children? This book reveals the legal protection of children from harmful media influence in three countries – Sweden, Russia and the USA, societies that differ in their law systems, media systems and environment in which these systems operate. The legal protection of children from such threats as violence, brutality, pornography, obscene language and negative impact of advertising is analyzed. International and national legal documents are examined and compared to reveal what shields protect children in three different countries, what are their advantages and drawbacks.
PRAISE FOR THE BOOK “Despite the existing scholarly literature on criminal defences, many issues remain contested or unresolved. Dr Dsouza offers a thorough and scholarly treatment of a complex topic which can be expected to become a point of reference for future work in the field.” Professor James Chalmers, University of Glasgow “Mark Dsouza has produced an engaging, incisive and cogently argued monograph, that makes an original contribution to criminal law theory. Required reading for scholars and graduate students working on criminal law defences.” Professor Paul Roberts, University of Nottingham Although it is often accepted that rationale-based defences to criminal liability can be justificatory or excusatory, disagreements about how best to conceptualise the categories of justification and excuse have appeared so interminable that some theorists argue that they should be abandoned altogether. This book offers a novel, principled, and intuitively appealing conceptual account of the natures of justifications and excuses, showing how they differ, and why the distinction between them matters. The monograph breaks new ground by defending a model of rationale-based defences that turns solely on the quality of the defendant's reasoning. This model is shown to generate appealing liability outcomes, advance convincing solutions to questions that have puzzled criminal lawyers for years, and offer suggestions for doctrinal reform that are both normatively sound, and practical. By proposing new ways to think about defences, this book makes an original contribution to criminal law theory that will be of benefit to academics, practitioners, and persons interested in law reform.