European Union Law Master Case Study Example | Topics and Well Written Essays - 1250 words

European Union Law Master - Case Study Example The qualification or condition is therefore null and void. It is universally basic in the construction and interpretation of laws that what is not excluded must be included, especially in the present case where the issue is that which pertains to labor benefits. Even presuming for the sake of argument that there is that qualification requiring gross negligence to be present on the part of the employer, both Ruth and David are still entitled to the compensation because the choice, installation or utilization of the harvesters is a matter being decided and acted upon by the employer and any error in the judgment of the latter concerning the said choice, installation and/or utilization of the harvesting machine is attributable as one of gross negligence. Consequently, when Ruth and David sustained injuries resultant of the use of the harvester, it has to be interpreted that the causal origin was the gross negligence of the employers. It was incumbent upon the latter to see to it that any machine to be used or is In view of all the foregoing, it is evidently clear that Ruth and David are entitled to separation or termination benefits as provided for in the afore-cited Directive 999/98 without any condition or qualification. Accordingly, they have to be paid by their respective employers of the mandated compensation upon permanent disability which was caused by the harvester. The guidelines set forth in the European Union Treaty It is no overstatement to say that the rights of laborers are among the leading concerns underpinned in the provisions of the European Union Treaty. Labor right is a human right. As a matter of fact, it may be considered the paramount of all rights. As embodied in Article 136 (ex Article 117) of the consolidated version of the European Union Treaty, the rights of laborers have been delineated with special attention. These include such privileges as embraced in the general objectives that will promote employment and augment the conditions of workers for their living and working circumstances. The approved declaration of the union has also outlined the appropriate social protection of the laborers. Necessarily, the latter stipulation includes severance or post-employment needs such as pension and retirement benefits and compensations. (CONSOLIDATED VERSION OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY. Dilogo social y formacin professional. Organizacion Internacional del Trabajo. [internet]). At this juncture, it is equally significant to note that Article 137 of the afore-mentioned consolidated version of the treaty further expresses that the community of nations complements and supports the activities of all member states in the fields of labor rights and privileges including those that will improve the working environment in order to protect the health and safety of the workers. Along that line, if the issue of compensation due to permanent disability is removed from the case at bar, the employers of both Ruth and David are yet nevertheless fundamentally under legal obligation to protect their safety from the dangers and hazards

To what extent have the fair-trade initiatives increased standard of Research Paper

To what extent have the fair-trade initiatives increased standard of living in West Africa - Research Paper Example The paper tells that since the end of World War II, the industrialized countries of the world have been befitting from consistently increasing world trade patterns. International trade fuels both national economies and the international economy, determining the wellbeing of individual States, and directly affecting the standard of living of the population of every country in the world. In West Africa, the Economic Community of West African States (ECOWAS) is the overarching economic and political structure, within which unrestricted trade is meant to take place. This structure was set up to promote â€Å"cooperation and integration† leading to an economic union in West Africa â€Å"in order to raise the living standards of its peoples†. A Pan-Africanist slant is also evident in that the intention to promote progress and development on the whole continent is explicitly stated. Thus a common market was an original intention; regional economic reform would have to take pla ce; integration particularly in food, agriculture and natural resources was seen as vital; and the establishment of a common market through liberalization of trade among West African States was envisioned. An important aspect of the ECOWAS initiative is also to ensure a â€Å"common external tariff† and trade policy with regard to third countries. Additionally, a stated intention in the ECOWAS revised treaty is to promote â€Å"balanced development† and a focus on the â€Å"special problems of each Member State particularly those of land-locked and small island Member States†.... This has not happened. The elites – both within countries and within the region continue to be advantaged, while the poor continue to grow in number, and in levels of poverty. Analysis surrounding the economies of West Africa, their political stances, and their trade policies, as well as the world economy, and West Africa’s part in it will be examined in this paper. The information from the analyses is organized in the Findings Section, to show the realities of the situation in West African countries and their economic relationships with particularly the Western, developed world. In the Comments and Recommendations Section of this essay, it is proposed that the exploitative relationship which has existed between African developing or underdeveloped countries (and other developing countries) since slavery and colonialism has not been redressed. Instead, initiatives such as Free Trade agreementsNote that this has been introduced earlier, extensively within associations su ch as the Economic Community of West African States (ECOWAS) have no chance of success because of the nature of the trade balance which continues to exist between developing countries and the developed world. All that is maintained is the advantage of the Western power blocs over the developing world, in the guise of aiming to stimulate and improve conditions in these countries. The essay concludes with a summary comment on the nature of the economic, political and power relationships between the countries of West Africa, as well as ECOWAS and the world. Analysis There tends to be a bias toward the economic principles, values and norms of the West in much writing about the economics of West Africa