The Executive further agrees that if any part of the agreements set forth in this Agreement or its application is construed as invalid or unenforceable, then the remainder of the Agreement or Agreements shall be in full force and effect without regard to any invalid or unenforceable portions thereof. But some redundancy phrases are so common that you might as well point them out. Today I talked to a friend about power and effect. I then checked EDGAR and found that the phrase appeared in 2,991 "substantive contracts" filed last month. This makes power and effect an integral part of the contractual landscape. Garner`s Dictionary of Legal Usage says it has "become part of the legal idiom." 11. Governing Law; Divisibility. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the court shall have the authority to modify, amend, or alter such provision(s) to make the Agreement legal and enforceable. If this Agreement cannot be modified to be enforceable, except for the general disclaimer, this provision will immediately become null and void, so that the remainder of this Agreement will remain in full force and effect. If the general wording of the release is found to be illegal or unenforceable, the Board member agrees to make an appropriate binding replacement release or, at the request of the Company, to return amounts paid under this Agreement. The protesters went into effect when the president arrived in Stockholm. "Power and effect." Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/force%20and%20effect.

Retrieved 11 October 2022. If for any reason any provision of this Agreement or part of a provision is held to be invalid, . and each of such other provisions and parts thereof shall remain in full force and effect in accordance with the law. Garner suggests that "the emphasis on force and effect may justify the use of the term, in drafting (treaties and statutes) rather than in court opinions." But this ignores the nature of contract language – it serves to convince anyone of anything, so this kind of emphasis has no place in a contract. This warranty will remain in full force until .. 7. Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any action to enforce or violate this Agreement shall be subject to the exclusive jurisdiction of the Circuit Court located in and for Palm Beach County, Florida.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable and cannot be modified to be enforceable, except for the general release provision, that provision shall immediately become null and void, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge that this Agreement is the result of negotiations and agree that it shall not be construed against any party on the basis of sole authorship. The parties agree that in any dispute relating to this Agreement (as determined by the competent court(s)), the prevailing party shall be entitled to recover its reasonable attorneys` fees and related costs, including attorneys` fees and costs associated with an appeal. Appropriate force is the degree of violence that is appropriate and not excessive to defend one`s person or property. A person who uses such force has the right to do so and is not criminally or civilly responsible for the conduct. and each of the agreements and obligations contained in the loan agreement and other loan documents is hereby affirmed with the same force and effect as if each had been separately set forth herein and entered into as of the date of this agreement; But the ubiquity of the phrase cannot hide the fact that you`d better get rid of violence and/or full force, as the case may be. 5. Agreement in force and in full effect. Unless expressly modified by this Second Amendment, the terms of the Agreement shall remain in full force and effect, and the Agreement as modified by this Amendment and all of its terms, including, but not limited to, warranties and representations, are hereby ratified and confirmed by the Trust and Daylight Saving Time from the Effective Date.

The expression is used without force or effect and with the same force and effect, but more often than not, you see it in full force and effect.

In addition to the general principles of good labour relations practice, dismissals, reductions and severance payments are governed by the provisions of the Reduction and Severance Pay Act. The provisions of this Act apply only to employees who meet the legal definition of "employee" under the Industrial Relations Act and who have completed at least one (1) year of service. Employment contracts are governed by the principle of contract law according to which a contract cannot be modified without the consent of the opposing party. Therefore, caution should be exercised when drafting all employment contracts. In addition, appropriate procedures should be followed when it becomes necessary to renegotiate any aspect of the employment relationship. In addition to the employment contract, certain terms and conditions of employment and/or obligations and rights of the employer and employee may also be required by statute or implied under common law, including those relating to, for example, minimum wage, severance reductions and severances, maternity leave, and health and safety. In addition to its political stability, strategic location and significant natural resources (especially natural gas), Trinidad and Tobago is attractive to foreign investors because of its skilled and productive workforce. The population is educated and has a high level of literacy. As the most industrialized Caribbean nation, Trinidad and Tobago has an experienced workforce in various activities, including all aspects of the oil, gas and petrochemical industries. An arbitral award or a decision of the Labour Court may be challenged only on the grounds that the Labour Court did not exercise its jurisdiction or exceeded its jurisdiction, that the order was obtained fraudulently, that it was vitiated by an error of law or that there was a specific illegality in the course of the proceedings. The Labour Court`s finding that an employee was dismissed in circumstances that were not in accordance with the principles of good labour relations practice is not subject to appeal. If the court finds that an employee was wrongly dismissed, it may award the employee reinstatement and/or financial damages, including damages and punitive damages.

The Labour Court has the power to make an award which it considers fair and just, having regard to the interests of the persons directly concerned and the community as a whole, the merits of the case before it and the principles of good labour relations practice. The Act also provides for mandatory mediation of labour disputes between an employer and its employees concerning the dismissal, employment, non-employment, suspension, refusal of employment, reinstatement or reinstatement of such workers and includes disputes relating to conditions of employment. According to the law, a labour dispute can only be initiated by (i) the employer, (ii) the majority recognized union for the collective bargaining unit to which the employee belongs, or (iii) if there is no recognized majority union, a union in which the employee(s) involved in the dispute are honourable members. For employees who do not belong to a trade union or for matters that do not fall within the jurisdiction of the Labour Court, disputes are usually settled amicably or by a traditional action for termination of the employment contract. The Labour Court established under the Industrial Relations Act has jurisdiction to hear and resolve "commercial disputes" between an employer and its employees, including disputes relating to the dismissal of employees, through compulsory arbitration. The Court shall exercise its jurisdiction in accordance with the principles of fairness, good conscience and good practice in industrial relations. However, this specialised court does not replace the traditional jurisdiction of the High Court for actions for breach of contract of employment or unfair dismissal. Ideally, employment contracts should be in writing, but there is no general rule to that effect. In practice, they are often done partly orally, partly in writing. Often, the basic terms and conditions of employment are set out in a letter of appointment, which usually includes a job description or an indication of the duties required, as well as a general provision that the employee must perform all other necessary duties.

If workers are represented by a recognised majority trade union, the terms of a collective agreement between the employer and the union may also govern the employment relationship. In addition to this general customary legal obligation, the Occupational Safety and Health Act (OSHA) establishes a legal framework for occupational health and safety. The scope of the law goes beyond traditional industrial operations to include stores, offices and other workplaces. The employer has a general customary duty to take reasonable care of the safety of its employees during the period of their employment, including the obligation to provide competent personnel, appropriate facilities and equipment, a safe workplace and a safe work system. Compliance with these regulations is critical because, in addition to certain criminal penalties, OSHA gives workers the right to refuse work if there is a danger to safety or health. Health, safety, health and safety, occupational health and safety Under the Workers` Compensation Act, an employer is required to pay compensation for injury or death to an employee as a result of a workplace injury. The value of this benefit is calculated according to a prescribed formula and depends in part on a medical assessment of the worker`s permanent partial disability. In the event of death or serious and permanent incapacity, the employer remains liable, even if the accident may have been caused by serious and intentional misconduct on the part of the employee. The amounts payable for workers` compensation are relatively modest. However, paying workers` compensation to an employee does not preclude the employee from bringing any other action he or she may have against the employer (for example, negligence).

However, in determining the compensation due to the worker, the Court takes into account the amount paid to him as workers` compensation. The Act prohibits discrimination on the basis of "status," which includes: (i) sex (but not sexual preference or orientation), (ii) race, (iii) ethnic origin, (iv) origin, including geographic origin, (v) religion, (vi) marital status, (vii) disability (including mental or mental illness or disorder). Age is not a category protected by law. Discrimination occurs when an employer treats an employee or potential employee less. However, the regulation does not apply to employees who receive an hourly rate of at least 1.5 times the minimum wage. Explanatory memorandum - Nationality, Immigration and Asylum Act 2018 Contributions are calculated on the basis of a formula set out in the Social Security Act. Essentially, the legislation sets out several "categories of earnings," each of which involves "assumed average weekly earnings." Earnings include more than salary or base salary, but include acting allowances, overtime, scholarships, allowances, commissions, production or efficiency bonuses, on-call service payments, hazard or dirt allowances, and dependents` allowances. The contribution payable for an individual employee is based on the assumed average weekly earnings of the class to which the individual employee belongs and a statutory rate adjusted from time to time. Effective September 2016, the legislated rate was increased to 13.2% of insurable earnings. Although these conditions are prima facie void because they are contrary to public policy, they may be enforceable if they are proportionate both between the parties and in the public interest. A restriction that purportedly takes effect after the termination of the employment relationship is not appropriate unless it protects certain legally recognized property interests of the employer. Even where those recognised interests are concerned, the restriction imposed on the employee must not exceed what is reasonably necessary to protect that interest, failing which they shall be null and void.

The terms of the employment contract should be carefully considered, as they clarify many important issues, such as the notice period required for dismissal and the conditions that the employer deems necessary to protect its intellectual property rights and trade secrets. Where appropriate, the contract may contain restrictive agreements prohibiting a former employee from setting up a competing business or working for a competitor in a given territory for a certain period of time. MOTOR VEHICLES AND ROAD TRAFFIC ACT (ENFORCEMENT AND ADMINISTRATION) CHAPTER 48:52 Current authorized pages Authorized safety: This includes regulations on the supply of clothing and protective devices, dust and smoke suppression, and machinery protection; The Equality Act generally prohibits employers from discriminating against employees or prospective employees on the basis of their gender, race, ethnicity, geographical origin, religion, marital status or disability.

Basel Convention Upsc Legally Binding

The Bamako Convention is a response to article 11 of the Basel Convention, which encourages Parties to conclude bilateral, multilateral and regional agreements on hazardous wastes in order to contribute to the achievement of the objectives of the Convention. Lobbying at the Basel Conference in 1995 by LDCs, Greenpeace and several European countries such as Denmark led to the adoption of an amendment to the Convention known as the Basel Amendment to the Basel Convention in 1995. The amendment was adopted by 86 countries[7] and the European Union, but did not enter into force (as this requires ratification by three-quarters of the Member States of the Convention). On 6 September 2019, Croatia became the 97th country to ratify the amendment, which will enter into force after 90 days on 5 December 2019. The amendment prohibits the export of hazardous wastes from a list of developed countries (mainly OECD countries) to developing countries. The Basel ban applies to exports for all reasons, including recycling. One area that drew special attention to the proponents of change was the sale of ships for rescue, for shipbreaking. The ban change has been vigorously opposed by a number of industry groups, as well as countries such as Australia and Canada. The number of ratifications for the entry into force of the prohibition amendment is currently under discussion: amendments to the Convention will enter into force after ratification by “three quarters of the Contracting Parties that have adopted them” (art.

17.5]; To date, the Parties to the Basel Convention have not been able to agree on whether this would be three-quarters of the Parties to the Basel Convention at the time of the adoption of the ban or three-quarters of the current Parties to the Convention [see Report on COP 9 of the Basel Convention]. The status of ratifications of amendments is available on the website of the Basel Secretariat. [8] The European Union has fully implemented the Basel ban in its Waste Shipment Regulation (EWSR) and made it legally binding in all EU Member States. Norway and Switzerland have also fully implemented the Basel ban in their legislation. The Conference of the Parties (COP), the policy-making body for the Convention, has set itself three objectives: (1) to reduce the generation of hazardous wastes and promote appropriate disposal, (2) to restrict transboundary trade in wastes, and (3) to establish a regulatory system for cases where transboundary wastes are permitted. The Convention describes the obligations of Parties with respect to many different forms of waste: toxic, toxic, explosive, flammable and other. The Basel Convention unifies the overall management of toxic imports in order to establish a process for their disposal in an environmentally sound manner. The Basel Convention aims to regulate trade in hazardous wastes, but not to stop transboundary movements of toxic materials. Therefore, international critics claimed that the convention was not up to the task. Nevertheless, the Basel Convention remains the only legally binding global instrument to protect human health and the environment by controlling shipments of toxic wastes. In order to improve the effectiveness and accountability of the Basel Convention, the Treaty established the Conference of the Parties in accordance with article 15 and the Secretariat in accordance with article 16. Within the framework of UNEP, the Secretariat provides logistical support for the implementation of the Basel Convention.

In addition to policy development, the Conference of the Parties is also the convening body for meetings at which Parties review the implementation of the Convention and introduce new amendments. Contracting Parties to the Convention must comply with the import prohibitions of other Contracting Parties. In addition to the above-mentioned conditions for the import and export of waste, there are strict requirements for notification, consent and monitoring of transboundary waste shipments. It should be noted that the Convention provides for a general ban on the export or import of wastes between Contracting And Non-Contracting Parties. The exception to this rule is if the wastes are subject to another treaty that does not deviate from the Basel Convention. The United States is a notable non-party to the Convention and has entered into a number of such agreements on the authorization of the shipment of hazardous wastes to Basel Party countries. The Bamako Convention is a treaty of African nations that prohibits the import of hazardous waste (including radioactive waste) into Africa. The Convention entered into force in 1998.

The Basel Convention aims to protect the environment by taking measures to control and regulate the management of hazardous and other wastes. Negotiations for the Convention began in the late 1980s under the auspices of the United Nations Environment Programme (UNEP). The Bamako Convention uses a format and language similar to those of the Basel Convention, except that (a) it prohibits the import of hazardous wastes much more strongly and (b) does not provide exemptions for certain hazardous wastes (such as those for radioactive substances) from the Basel Convention. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, generally known as the Basel Convention, is an international treaty that aims to reduce shipments of hazardous wastes between countries and, in particular, to prevent shipments of hazardous wastes from developed to less developed countries (LDCs). However, it does not deal with shipments of radioactive waste. The Convention also aims to minimize the quantity and toxicity of wastes generated, to ensure environmentally sound management as close as possible to the source of production and to support least developed countries in the environmentally sound management of hazardous and other wastes generated by them. The Basel Convention depends on the political orientation of countries towards the broader objectives of the Convention, as well as on the capacity of countries to implement relevant policies that would help them achieve the objectives of the Basel Convention. While the Basel Convention is a step in the right direction, particularly with regard to coordination among signatories, the fact that member States themselves have to implement elements of the Convention reduces its overall effectiveness.

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