The weakness of the Taft-Hartley emergency dispute provisions is that they do not operate until after a national emergency dispute has occurred. The point is that a satisfactory procedural substitute ...for a strike has yet to be found. The use of the injunction, thus far, has only added complexities to the dispute situation. Although no-strike, no-lockout agreements succeeded during the war, wartime urgency is not a permanent feature of labor-management relations. Some sense of urgency to find an acceptable procedural substitute for work-stoppage has been generated by the movement toward compulsory arbitration. In view of that movement, new approaches are being tried-in the longshore and meat-packing industries as well as between Kaiser Steel and the steel workers-to reconcile private decision-making with public interest through exploring new possibilities in negotiation and developing means of voluntary arbitration. Two leading questions raised by the 1959 use of the Taft-Hartley injunction are: first, ought the disputing parties to be held accountable prior to the creation of an emergency for the manner in which they discharge their collective bargaining responsibilities; second, is it wise to preclude a presidential or other board of inquiry from recommending a basis for settlement even though the parties are not close to agreement? The proposed Board of Public Accountability would provide a means of reconciling private decision-making with public interest. Certain possible shortcomings of such a board-such as its use by the disputants for tactical purposes-would have to be gone into, but the board would represent one method for alleviating critical disputes that would be both effective and consonant with American standards.
Adequate regard for basic liberties and the values of self-determination in labor-management relations requires a major modification in the usual approach to the problem of the national emergency ...dispute. Excessive concern with the emergency threat has dominated thinking about this problem, has produced "emergencies," and has impaired values essential to a free society. The national emergency strike inevitably assumes a political character, generating strong political pressures which result in an undesirable political settlement. This tendency is seriously aggravated by the unsophisticated notion that the strike is exclusively a union weapon. Progress toward solution of the problem must proceed from a recognition that the emergencies are essentially political and that preservation of free collective bargaining should be the primary objective in any policy that is formulated. A fundamental approach requires depoliticalizing the emergency dispute, reducing the pressures on the government, and increasing the pressures on the disputants. Toward this end it is suggested that use of the partial injunction should be explored.
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Consider the following problem that scholars have long debated : Are judicial decisions of the court just the result of executing the law, or are they creating the law itself? Through my experience ...as a Supreme Court Justice, I now understand that judges are guided primarily by their responsibility to decide each case individually - and thereby render each decision in a way that best addresses the specific merits of the case before them - and secondarily by their concern for upholding the general principles of the law including the constitutional law. It is important not only for scholars but also for medical practitioners to keep this primary judicial responsibility in mind, particularly when attempting to accurately understand, the significance of Supreme Court precedents.
This presentation is twofold. The first part shows that the Nicaragua case played a significant role in reconciling the Third World with the International Court of Justice and, more generally, in ...revitalizing the Court. In the second part, the author, who was counsel for Nicaragua in that case, casts an eye as external analyst on the judgments of 1984, about which he has some reluctance, and 1986, which he largely approves of, even though Nicaragua did not win 100 per cent and some points may be debatable.
The paper analyzes the existing legislative base, governing civil relations with consumers. The applied system-structural method of research helped to reveal the legal nature of the consultancy ...service and specifics of consumers' rights' protection on its provision and the existing problems in this sphere. The study found that by the general rule the means of civil rights and legal interest's protection are pre-trial order (claim filing) and judicial (lawsuit) procedure for settlement of disputes. It was found also that the existing legal base does not guarantee quality and effectiveness of consumers' rights protection in consultancy services. During the research, some civil legal problems in civilistic science have been revealed, along with the gaps in Act On protection of consumers' rights, which sufficiently influence the level of citizens' rights protection. The restoration of the financial situation of a customer of a consultancy service is also the way of protection and the consequence of civil liability. The performer could avoid such measures resorting to voluntary pre-trial settlement of the dispute.
