Municipal governments were in existence in Canada before the United Kingdom Parliament enacted Br... more Municipal governments were in existence in Canada before the United Kingdom Parliament enacted British North America Act, 1840 (3 & 4 Victoria, c.35) to unify Upper and Lower Canada. Yet, drafters of the of the law and the subsequent British North America Act 1867 30 & 31 Victoria, c.3 (UK) (“Constitution Act, 1867”) that sets the foundation for Canada government did not consider it worthwhile to regard Municipal government as a distinct branch of government. Section 92 (8) Constitution Act, 1867 empowered the Province to dictate rules and policies governing the existence and functioning of their Municipal governments. This carte blanche, often referred to as Dillon’s rule, suggests Municipal governments exist at the mercy of Provincial government. In R. v. Greenbaum, [1993] 1 SCR 674 at 688, Iacobucci J. commented that “Municipalities are entirely the creatures of provincial statutes. Accordingly, they can exercise only those powers which are explicitly conferred upon them by the p...
As a group of migrant workers, overseas domestic workers (‘‘ODWs’’) have been extensively studied... more As a group of migrant workers, overseas domestic workers (‘‘ODWs’’) have been extensively studied in the migration, geography, and sociology disciplines. Legal scholarly publications addressing the shortfalls in the rights of these workers are beginning to catch up. The International Labour Organization (‘‘ILO’’) supports the argument that ODWs are by far the most vulnerable group of migrant workers. In the United Kingdom, the problem faced by ODWs is complicated by the hostile immigration policy and exclusion clauses in the employment law. Despite the ODWs having been exposed to a series of abuses, exploitations, and occupational health and safety hazards like workers in other occupations, they are unduly excluded from the protection and benefits available to those other workers. This thesis used a combined doctrinal and empirical approach to examine failed immigration policies, ambiguities in the employment law, exclusion clauses in the health and safety law and working time regul...
Far from being a contemporary exercise, the doctrine of patent claim construction has evolved ove... more Far from being a contemporary exercise, the doctrine of patent claim construction has evolved over the years to deal with the challenges posed by patent monopoly. Through this exercise, Courts can ascertain the limits of the monopoly defined by patent claim.2 Courts will interpret claim to ascertain the meet and bound of the patent; paying attention to the invention description, functions, and essential elements. A review of Canadian patent case laws shows the purposive approach laid down in Free World Trust v. Electro Sante Inc. appears to have harmonized the previous literal and substantive approach to claim construction. However, the UK Supreme Court decision in Kirin-Amgen Inc. et al v. Hoescht Marion Roussel Ltd. at el that applied EU law to distinguish Catnic Components Ltd. v. Hill & Smith Ltd; coupled with the ongoing “Brexit” exercise, put the future of UK claims construction in suspense.
Domestic work is difficult to define because it includes a range of household activities (ILO, 19... more Domestic work is difficult to define because it includes a range of household activities (ILO, 1990). Nevertheless, domestic workers have been referred to as ‘wage earners working in a private household under whatever method and period of remuneration, who may be employed by one or several employers’ (ILO, 1951: no page number). This definition differentiates those who perform their own family tasks from those who perform other people’s chores for a fee. Thus, domestic workers may include nannies, cleaners, chauffeurs, gardeners, cooks and those carrying out personal care in the households (UKBA, 2011).
The plights of migrant domestic workers from historical and legal perspective appear to be intern... more The plights of migrant domestic workers from historical and legal perspective appear to be internationally recognised. However, the setback lies with the lack of agreement on how best to deal with the problem. This paper examines the human rights protection for migrant domestic workers from international and national perspectives and finds that migrant domestic workers are barely protected. This group of workers continues to experience a series of human rights violation such as discrimination, criminalisation, and exploitation; with little or no means of redress. The "international bill of rights" appear to provide some support for migrant domestic workers but its enforcement, as well as the enforcement of all other human rights instruments is problematic due to inadequate support at the national level. The adoption of the 189th Labour Convention in June 2011 has been praised as a landmark victory for domestic workers even though its effect is too soon to be called. However, considering that the United Kingdom did not support this Convention, its benefit for domestic workers in the country is currently doubtful. Further, the current changes to the United Kingdom immigration rules puts the future of migrant domestic workers (especially the new migrants) into a complete state of disarray. In addition, domestic workers in diplomatic households remain at the mercy of their employers’ immunity. This paper advocates a rethink of strategy in dealing with migrant domestic workers. It also attempts to make a case for the adoption of the ILO 189th Convention as the best way forward.
It is settled that the tension between counter-terrorism measures and human rights is real. This ... more It is settled that the tension between counter-terrorism measures and human rights is real. This paper which, explores the link between the link and tension between the guarantee of human rights and the protection from terrorism, also considers the effect of State counter-terrorism measures on the right to liberty and security of the person. The paper revisits and discusses the actions taken by the UK and the USA governments following the terrorist attack of September 11, 2001. Both governments appear to have similar interpretation of "terrorism" and believe traditional criminal legal system can no longer be used to solve what is considered new era of terrorism ("super-terrorism"). The USA declaration of "war on terrorism" is unconditionally supported by the UK government. Both countries engage in arbitrary detention of terrorist suspects, including asylum seekers. New immigration rules and a system of profiling were introduced. The UK introduces "control orders" while the USA uses the "material witness law" and presidential war powers to detain people. While the paper concedes most of the enacted measures could help to fight terrorism, the systematic erosion of civil liberties in the countries that pride themselves with democracy and the rule of law remains a great concern.
Domestic workers in the United Kingdom (‘‘UK’’), migrants in particular, continue to experience a... more Domestic workers in the United Kingdom (‘‘UK’’), migrants in particular, continue to experience a lack of recognition and protection in the labour market. As a precarious job performed in an informal sector by vulnerable people, domestic work is hardly considered a quality job due to the lack of key factors that determine quality work such as 'job and income security, social, mental and health aspects of work'. Of at least 52.6 million men and women employed as domestic workers across the world in 2010, about 29.9 percent are excluded from the scope of the country’s labour laws. In the UK, in addition to immigration constraints, domestic workers are excluded from some important employment and health and safety protections that are available to other workers; whereby exposing them to a wide range of hazards. Despite the availability of various international frameworks that promote humane treatment of domestic workers, the lack of respect for their human rights and the UK government systemic failure to protect their fundamental rights remain a major concern. This paper examines the pattern and attitude of the UK government towards international frameworks on domestic workers – the continued refusal to adopt the ILO Convention 189 that consolidates the frameworks for regulating domestic workers – and concludes that the best way forward is the enactment of an enforcement mechanism at the European level.
Municipal governments were in existence in Canada before the United Kingdom Parliament enacted Br... more Municipal governments were in existence in Canada before the United Kingdom Parliament enacted British North America Act, 1840 (3 & 4 Victoria, c.35) to unify Upper and Lower Canada. Yet, drafters of the of the law and the subsequent British North America Act 1867 30 & 31 Victoria, c.3 (UK) (“Constitution Act, 1867”) that sets the foundation for Canada government did not consider it worthwhile to regard Municipal government as a distinct branch of government. Section 92 (8) Constitution Act, 1867 empowered the Province to dictate rules and policies governing the existence and functioning of their Municipal governments. This carte blanche, often referred to as Dillon’s rule, suggests Municipal governments exist at the mercy of Provincial government. In R. v. Greenbaum, [1993] 1 SCR 674 at 688, Iacobucci J. commented that “Municipalities are entirely the creatures of provincial statutes. Accordingly, they can exercise only those powers which are explicitly conferred upon them by the p...
As a group of migrant workers, overseas domestic workers (‘‘ODWs’’) have been extensively studied... more As a group of migrant workers, overseas domestic workers (‘‘ODWs’’) have been extensively studied in the migration, geography, and sociology disciplines. Legal scholarly publications addressing the shortfalls in the rights of these workers are beginning to catch up. The International Labour Organization (‘‘ILO’’) supports the argument that ODWs are by far the most vulnerable group of migrant workers. In the United Kingdom, the problem faced by ODWs is complicated by the hostile immigration policy and exclusion clauses in the employment law. Despite the ODWs having been exposed to a series of abuses, exploitations, and occupational health and safety hazards like workers in other occupations, they are unduly excluded from the protection and benefits available to those other workers. This thesis used a combined doctrinal and empirical approach to examine failed immigration policies, ambiguities in the employment law, exclusion clauses in the health and safety law and working time regul...
Far from being a contemporary exercise, the doctrine of patent claim construction has evolved ove... more Far from being a contemporary exercise, the doctrine of patent claim construction has evolved over the years to deal with the challenges posed by patent monopoly. Through this exercise, Courts can ascertain the limits of the monopoly defined by patent claim.2 Courts will interpret claim to ascertain the meet and bound of the patent; paying attention to the invention description, functions, and essential elements. A review of Canadian patent case laws shows the purposive approach laid down in Free World Trust v. Electro Sante Inc. appears to have harmonized the previous literal and substantive approach to claim construction. However, the UK Supreme Court decision in Kirin-Amgen Inc. et al v. Hoescht Marion Roussel Ltd. at el that applied EU law to distinguish Catnic Components Ltd. v. Hill & Smith Ltd; coupled with the ongoing “Brexit” exercise, put the future of UK claims construction in suspense.
Domestic work is difficult to define because it includes a range of household activities (ILO, 19... more Domestic work is difficult to define because it includes a range of household activities (ILO, 1990). Nevertheless, domestic workers have been referred to as ‘wage earners working in a private household under whatever method and period of remuneration, who may be employed by one or several employers’ (ILO, 1951: no page number). This definition differentiates those who perform their own family tasks from those who perform other people’s chores for a fee. Thus, domestic workers may include nannies, cleaners, chauffeurs, gardeners, cooks and those carrying out personal care in the households (UKBA, 2011).
The plights of migrant domestic workers from historical and legal perspective appear to be intern... more The plights of migrant domestic workers from historical and legal perspective appear to be internationally recognised. However, the setback lies with the lack of agreement on how best to deal with the problem. This paper examines the human rights protection for migrant domestic workers from international and national perspectives and finds that migrant domestic workers are barely protected. This group of workers continues to experience a series of human rights violation such as discrimination, criminalisation, and exploitation; with little or no means of redress. The "international bill of rights" appear to provide some support for migrant domestic workers but its enforcement, as well as the enforcement of all other human rights instruments is problematic due to inadequate support at the national level. The adoption of the 189th Labour Convention in June 2011 has been praised as a landmark victory for domestic workers even though its effect is too soon to be called. However, considering that the United Kingdom did not support this Convention, its benefit for domestic workers in the country is currently doubtful. Further, the current changes to the United Kingdom immigration rules puts the future of migrant domestic workers (especially the new migrants) into a complete state of disarray. In addition, domestic workers in diplomatic households remain at the mercy of their employers’ immunity. This paper advocates a rethink of strategy in dealing with migrant domestic workers. It also attempts to make a case for the adoption of the ILO 189th Convention as the best way forward.
It is settled that the tension between counter-terrorism measures and human rights is real. This ... more It is settled that the tension between counter-terrorism measures and human rights is real. This paper which, explores the link between the link and tension between the guarantee of human rights and the protection from terrorism, also considers the effect of State counter-terrorism measures on the right to liberty and security of the person. The paper revisits and discusses the actions taken by the UK and the USA governments following the terrorist attack of September 11, 2001. Both governments appear to have similar interpretation of "terrorism" and believe traditional criminal legal system can no longer be used to solve what is considered new era of terrorism ("super-terrorism"). The USA declaration of "war on terrorism" is unconditionally supported by the UK government. Both countries engage in arbitrary detention of terrorist suspects, including asylum seekers. New immigration rules and a system of profiling were introduced. The UK introduces "control orders" while the USA uses the "material witness law" and presidential war powers to detain people. While the paper concedes most of the enacted measures could help to fight terrorism, the systematic erosion of civil liberties in the countries that pride themselves with democracy and the rule of law remains a great concern.
Domestic workers in the United Kingdom (‘‘UK’’), migrants in particular, continue to experience a... more Domestic workers in the United Kingdom (‘‘UK’’), migrants in particular, continue to experience a lack of recognition and protection in the labour market. As a precarious job performed in an informal sector by vulnerable people, domestic work is hardly considered a quality job due to the lack of key factors that determine quality work such as 'job and income security, social, mental and health aspects of work'. Of at least 52.6 million men and women employed as domestic workers across the world in 2010, about 29.9 percent are excluded from the scope of the country’s labour laws. In the UK, in addition to immigration constraints, domestic workers are excluded from some important employment and health and safety protections that are available to other workers; whereby exposing them to a wide range of hazards. Despite the availability of various international frameworks that promote humane treatment of domestic workers, the lack of respect for their human rights and the UK government systemic failure to protect their fundamental rights remain a major concern. This paper examines the pattern and attitude of the UK government towards international frameworks on domestic workers – the continued refusal to adopt the ILO Convention 189 that consolidates the frameworks for regulating domestic workers – and concludes that the best way forward is the enactment of an enforcement mechanism at the European level.
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