Platform work and social security in German law: An international law perspective

2021 ◽  
Vol 74 (3-4) ◽  
pp. 111-132
Author(s):  
Eberhard Eichenhofer
Keyword(s):  
Social Security ◽  
International Law ◽  
German Law

Ökologische Aspekte im öffentlich-rechtlichen Beschaffungswesen

2021 ◽  
Author(s):  
Felix Steengrafe
Keyword(s):  
International Law ◽  
Public Procurement ◽  
German Law ◽  
Government Procurement ◽  
Environmental Concerns ◽  
European Law ◽  
Environmental Criteria ◽  
The Government ◽  
Model Law ◽  
The Government Procurement

The awarding of public contracts is of considerable economic importance and for this reason can be used to promote environmental concerns. The present work examines whether environmental criteria may be taken into account in the context of public procurement. To answer this question, the Government Procurement Agreement and the UNICTRAL Model Law on Public Procurement are considered at the level of international law. In European law, the primary as well as the relevant secondary law requirements and, in German law, the Cartel and Budget Procurement Law are assessed. This analysis also includes the interactions between the three levels.

Protection of the right to social security of the migrant worker in international law

2021 ◽  
Vol 8 (2) ◽  
pp. 104-148
Author(s):  
Kehinde Anifalaje
Keyword(s):  
Social Security ◽  
International Law ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Human Right ◽  
Number Of Factors ◽  
The Social ◽  
Domestic Legislation ◽  
The Right ◽  
International Instruments

The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.

scholarly journals Transnational Legal Discourse: Reflections on My Time with the German Law Journal

2013 ◽  
Vol 14 (12) ◽  
pp. 2091-2102
Author(s):  
Peer Zumbansen
Keyword(s):  
International Law ◽  
German Law ◽  
Legal Discourse ◽  
Journal Ranking ◽  
The Internet ◽  
Web Based

By October 2013, the German Law Journal, published monthly and available at no cost on the Internet –www.germanlawjournal.com– counted approximately 1593 publications, authored by approximately 1.450-1.500 authors. A journal project of such magnitude in itself could certainly not have been expected by its founders. Just as unlikely it would have seemed to them or anyone else, for that matter, that their little, bi-monthly email newsletter, originally entitled “Momentaufnahme” (Engl.:snapshot; French:glimpse d'oueil), would grow into a web-based, peer-reviewed legal periodical with more than 13.000 registered subscribers worldwide and a sizable journal ranking among existing international law reviews. If I only had a moment to express my thoughts on leaving the Journal, I would use it to express my immense gratitude to those whom I can never thank enough. My colleagues in this project, present and former members on the editorial board, and the authors, from near and far, many of whom we never had the fortune to meet in person despite an often vivid exchange of thoughts and ideas, as well as, of course, our readers throughout the years – it is to all of them that I owe thanks too comprehensive to measure. It is one thing to launch a journal, it is another for it to be read, sustained, shaped and encouraged over the span of almost fifteen years. The GLJ is what it is today because of the input it has received over all this time, and for that I am immensely grateful.

Remarks at the Opening of the Symposium Celebrating the 10th Anniversary of the German Law Journal – The German Law Journal as “Lived” Comparative Law

2009 ◽  
Vol 10 (10) ◽  
pp. 1309-1318
Author(s):  
Russell A. Miller
Keyword(s):  
International Law ◽  
English Language ◽  
German Law ◽  
Comparative Law ◽  
Current Form ◽  
10Th Anniversary ◽  
German Capital ◽  
Internet Publishing ◽  
The Right ◽  
The University

It is proper that we have come to Berlin to celebrate this remarkable transatlantic enterprise. It is true that the German Law Journal was born in Karlsruhe and that it emerged in its current form – as an online, monthly, peer-reviewed, English-language forum for commentary on developments in German, European and International law – at the University of Frankfurt. But one advantage of Internet publishing is the detailed information editors can gather on their readers, including the almost absurd statistic that tracks the frequency with which the German Law Journal website is accessed from each of Germany's Postleitzahl districts. Berlin is the right place for this event because we know from that data that the largest block of our German readers, by far, is based here in the German capital.

Professor Bruno Simma To Be Judge at the International Court of Justice in The Hague

2003 ◽  
Vol 4 (2) ◽  
pp. 173-175
Author(s):  
Andreas Paulus
Keyword(s):  
International Law ◽  
German Law ◽  
Law School ◽  
English Edition ◽  
Community Interest ◽  
International Court ◽  
Ann Arbor ◽  
The Hague ◽  
The University ◽  
Hand Writing

To introduce Bruno Simma to the readers of German Law Journal is both an easy and a difficult task. An easy one because it will hardly be necessary to introduce his writings to those who have done only the slightest research in public international law– from his textbook “Universelles Völkerrecht” of 1976, co-authored with his teacher and mentor Alfred Verdross and still widely cited in German literature and jurisprudence, to the Commentary of the Charter of the United Nations which he first edited (in German) in 1991, the second English edition of which was published last year by Oxford University Press. On the other hand, writing on Bruno Simma is a difficult task because many of you will already have got a personal impression already – meeting him in Munich, where he has been teaching international and European law for no less than thirty years, in Ann Arbor/Michigan, where he is member of the affiliate overseas faculty of the University of Michigan Law School (since 1997) after teaching there for more than ten years, or at the Academies in The Hague or Florence, where he has taught much-acclaimed and -cited lectures on the move of international law “from bilateralism to community interest” and the relationship between human rights law and general international law. An even broader audience has come to know him for his public appearances in the press, the radio or television, in particular for his characterization of the dilemma of the Kosovo intervention as a “thin red line” between legality and morality. His article on “NATO, the UN and the Use of Force” appeared on the Webpages of the European Journal of International Law – the leading European international law journal he co-founded in 1990 and still co-edits – even before the first shots were fired.

European Twentieth-Century Dictatorship and the Law

2018 ◽  
Author(s):  
Michael Stolleis
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
German Law ◽  
Second World War ◽  
Authoritarian Regimes ◽  
World War ◽  
The Holocaust ◽  
The Russian Empire ◽  
German Reich ◽  
Second World

Between 1900 and 1920 some of the great old political orders broke down, the Chinese and the Russian Empire, the monarchy of the Habsburgs, and the German Reich. Uncertainties and anxieties about the future caused a broad deviation from the ideas and promises of liberalism, parliamentary democracy, and international law. Everywhere anti-liberal authoritarian movements organized themselves. The contribution concentrates on the German law under the Swastika, especially on the ambivalences between the traditional rule of law and the destructive dynamic of the SS-state, which led into emigration, the Second World War, and the Holocaust. The German example is paradigmatic, no doubt. But the observations can be universalized in a world with an increasing number of authoritarian regimes.

scholarly journals ‘From Rome to Rome’ – Cross-border employment contract. European Private International Law: Intertemporal law and foreign overriding mandatory laws

2017 ◽  
Vol 24 (2) ◽  
pp. 298-322
Author(s):  
Stephan Rammeloo
Keyword(s):  
International Law ◽  
German Law ◽  
Private International Law ◽  
The Public ◽  
Functional Reach ◽  
Employment Conditions ◽  
Court Of Justice ◽  
Critical Commentary ◽  
Legislative Amendments ◽  
Rome I

To what extent are Greek saving laws, resulting in payment cuts in the public sector (that is employment conditions), capable of overriding the applicable (German) law? A dispute arising from an employment relationship between the Greek Republic and an employee habitually carrying out work in Germany, gave rise to preliminary questions having regard to the temporal scope of EU Regulation No. 593/2008 (the ‘Rome I Regulation’)1 and, closely related thereto, the functional reach of Article 9(3) of that Regulation in respect of ‘foreign’ mandatory laws, in light of the principle of sincere cooperation enshrined in Article 4(3) TEU. An analysis of the Advocate General’s Opinion and the Court of Justice of the European Union’s (CJEU) ruling is followed by critical commentary and suggestions for future EU legislative amendments to the Rome I regime.

Gender, poverty and the development of the right to social security

2014 ◽  
Vol 10 (4) ◽  
pp. 460-477 ◽  
Author(s):  
Beth Goldblatt
Keyword(s):  
Social Security ◽  
International Law ◽  
Women's Work ◽  
Limited Attention ◽  
Gender Perspective ◽  
Women’S Work ◽  
Substantive Equality ◽  
The Right ◽  
The Relationship

AbstractThe international right to social security has been given limited attention as a vehicle for addressing women's poverty. This paper highlights some of the issues shaping women's poverty globally that require a more responsive right to social security. It discusses the nature and purpose of social security and examines the international law relating to this right, arguing that recent interpretations lack an adequate framework for ensuring women's interests are fully accommodated. The paper challenges the relationship between the right to social security and traditional conceptions of work that exclude women's labour. It also argues that the right must have application at the transnational level if it is to address the changing nature of women's work. Drawing on ideas of substantive equality, it proposes an approach to the development of the right from a gender perspective including a set of principles to be followed in applying the right.

Habitual Residence: The New Domicile?

2000 ◽  
Vol 49 (1) ◽  
pp. 86-107 ◽  
Author(s):  
Pippa Rogerson
Keyword(s):  
Social Security ◽  
International Law ◽  
European Commission ◽  
Child Custody ◽  
Private International Law ◽  
Habitual Residence ◽  
Choice Of Law ◽  
Rome Convention ◽  
Domestic Legislation

There have been several cases reported over the last few years on the meaning of “habitual residence”. This comparatively new phrase is much in use not only in domestic legislation but also in various Hague Conventions on the reform of private international law and it is in widespread use by the European Commission. Habitual residence is the basis for allocating jurisdiction to that State's court, especially in relation to matrimonial causes and child custody. For example, it has been proposed by the European Commission as a replacement for domicile in the new Convention on the Jurisdiction and Enforcement of Judgments in Civil Matters. Habitual residence is also extremely important in connection with tax matters and social security. It is additionally used in the Immigration Act 1971. Other than its purpose in allocating jurisdiction, habitual residence is beginning to be adopted as a connecting factor for choice of law, for instance the Rome Convention on Choice of Law in Contract.

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