Growth and Development of Industrial Jurisprudence in India
The term industry has always been a very controversial point in the area of industrial jurisprudence. However, there have been some judgments in a string of cases, which have tried to resolve the dispute and lay down an adequate definition whenever question arose. Later it has been realized that these definitions have created huge confusion. To pacify the situation the definition of industry under section 2(j) of the IDA was considered by the Supreme Court in the land mark judgment of Bangalore Water Supply and Sewerage Board Vs A.Rajjapa and Ors 1 , wherein the court laid down the broad interpretation of the term industry. This judgment holds importance because it was for the first time that a comparatively clear definition of the term was given. The phrases labour laws' and 'industrial laws' are used synonymously and refer to those laws and legal rules which regulate the employer-employee relations. Some of these laws impose certain obligations or confer certain rights upon the employers or the employees so that in the ultimate analysis they can be deemed to impinge upon employer-employee relations.
Labour Law in a Globalising World
At the opening of the 21st century it is clear that increasing globalisation will remain one of the most important long term influences on the evolution of the international economy and international political structures. The controversial nature of globalisation is self-evident from the increasing intensity of antiglobalisation demonstrations at meetings of international bodies such as the World Trade Organisation. While the actual nature of globalisation, the direction in which it will take the world and the costs and benefits that will result are still contestable, it is clear that the main, and certainly the most effective, drivers are economic. Nations are primarily concerned to set in place structures that promote the free movement of capital including the freedom of multinational companies to locate and relocate around the world, and to promote free trade in goods and services. While non-economic values such as environmental protection and social and labour rights are not excluded from the debates setting these structures in place, they are largely marginal to it. One symbol of this marginalisation is that the ILO, unlike the World Bank, IMF and OECD, does not enjoy observer status at the WTO in spite of the rhetoric of concern for such rights from member states of the Organisation. As McCrudden and Davies explain,1 this exclusion is the result of a major and continuing division between developed and developing countries within the WTO that in the 1990s prevented agreement on any tangible measures in the Marrakesh agreements and that has continued to block subsequent progress. The stark divisions between these groups became even more apparent at the Singapore Ministerial meeting in 1996 when an invitation to the head of the ILO to speak was withdrawn. The only tangible result was a weak statement to the effect that members agreed that labour standards should be upheld but that this should be done through the ILO and not the WTO. The suspicion of developing countries that any link between trade and labour standards will lead to increased protectionism is almost certainly justified. Experience within the WTO to date provides little reason for developing countries to have any great faith in the undertakings of the developed world. Developing countries have seen the promises of movement toward freer trade that might benefit them fade into the distance while at the same time the undertakings they entered into are increasingly used to their disadvantage.2
The National PKI of Peru: a new certification hierarchy
In order to guarantee secure transactions through the Internet and to generate strong evidence that could be used in case of future legal disputes, several countries around the world have promoted and regulated the use of digital signatures based on Public Key Infrastructure (PKI). However, despite the high expectations, its implementation has achieved neither the desired results nor its globalization. Many of the reasons were discovered years ago, but they are still open problems for the scientific community nowadays. In order to consider the case of the national PKI of the Peruvian state as empirical evidence for studies that address the open problems, this article describes the details about a new certification hierarchy which is expected to overcome some of its predecessors’ limitations. It is also expected that the information disclosed in this article could be useful to other countries for making a preliminary assessment for possible cross-border recognition of Peruvian digital signatures.