Summary of the essay, "What are the key international regulations governing the prohibition of Child Labour, and do you think they are successful?"
The main international regulations governing child labour decided were:
1. The International Labour Organisation Minimum Age Convention 1973.
2. The United Nations Convention on the Rights of the Child 1989
3. The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse.
The essential aims:
The Minimum Age Convention 1973 (MAC) sole purpose of wiping out the existence of child labour through the single objective of establishing a minimum age of employment contained in the Preamble.
The Convention on the Rights of the Child 1989(UNCRC), in recapping the essential theme of its forerunners; The League of Nations 1924 and the United Nation, sought to prohibit child exploitation by ensuring the interests of the child were top priority.
The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse was initiated in Europe with its primary aim as an instrument prohibiting child exploitations and abuses such as child labour, worst forms of child labour including prostitutions and bondage working.
Have these regulations been effective?
1. With regards to the MAC, it has not effectively eradicated child labour as the concept of a standard minimum age poses a problem. Members states were given the power to decide for themselves, the minimum age of employment. Thus, causing a wide rift of what is the acceptable age for employment. Moreover, the fact that only 49 nations worldwide have ratified this Convention is a testimony of a failure to provide adequate protection against child labour as it may still be occurring in other parts of the world that are not signatories.
2. The UNCRC has also encountered problems as to its ratification. So far, the United States and Somalia are yet to ratify it. It has been criticised by academics such as Professor C Hamilton as being hypocritical becuase America was the sole legal instigation for the convention and yet they are still to ratify.
3. The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse has not been successful on the basis that member states who have ratified it, still fail to abide by it as they is still evidence of child labour.
Conclusively, it can be suggested that the concept of child labour has not been fully exterminated as it is quite a challenging task to embark on , given the fact that there is very little international enforcement of all the regulations that have been put in place. What use is the law to the global village if it cannot be enforced?.
Commercial Law from an International Perspective
Wednesday, 27 October 2010
Wednesday, 20 October 2010
Is Fairtrade Fair?
The essay provided an objective evaluation of the internationally controversial issue of the pros and cons of Fairtrading.
Arguments in support of the concept of fairtrading included:
1. Fairtrading safeguarded workers' rights through the Fairtrade Labelling Organisation International's establishment of reputable trade unions.
2. it promotes stability of income even when the economy is on a downward spiral through the mechanism of guarantee of a minimum price.
3. by eliminating the "middle man" or intermediary in the chain of supply, there is an increase in the overall income.
Arguments against, incorporated criticisms like:
1.Fairtrade institutions are also accused of ignoring the real issues faced by producers in the chain of supply like the inflated prices that exceed the market value without resolving problems associated with it like oversupply. Oversupply is a problem faced in the coffee market and instead of addressing this issue, prices are often inflated, the result being that persons are encouraged to continue producing even though the market is saturated.
2. Also Bovard has theory of producers from developing countries taking advantage of the "guarantee of a minimum price policy" as a fall back insurance against economic downturns. He claimed that they would not be able to survive in the real economic world.
The conclusion reached was that whether fairtrade is fair or not is dependent upon the individual who is asked the question
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