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Research Article
Guarantee Mechanism for the Fulfillment of Labor Rights in the Civil Construction Industry, Amazonas-Peru
Manriquez-Zapata Hector Miguel*
Issue:
Volume 9, Issue 2, June 2026
Pages:
145-165
Received:
2 March 2026
Accepted:
16 March 2026
Published:
27 March 2026
Abstract: This study examines the systematic violation of labor rights in the civil construction sector of the Amazonas region, Peru, focusing on persistent non-compliance with collectively negotiated wage scales despite existing legal frameworks. Drawing on empirical data from structured surveys administered to 142 construction workers and qualitative analysis of administrative and judicial records from the Regional Labor Directorate (2012–2015), the research finds that 99.3% of workers received wages below collectively agreed rates, while 84.5% filed labor inspection requests and 85.5% pursued administrative conciliation. Nevertheless, 95.3% of judicial claims proved unsuccessful, primarily due to employer evasion strategies — including consortium structures without solidarity clauses and deliberate concealment of attachable assets — resulting in enforcement proceedings averaging 36 months without effective wage recovery. To address this structural enforcement deficit, the study proposes a mandatory guarantee letter mechanism for construction projects exceeding 50 Tax Units (UIT, approximately USD 53,000), issued in favor of administrative labor authorities, to secure wage and social benefit obligations prior to project commencement. This proposal is grounded in a comparative legal analysis of guarantee requirements already operative in regulated sectors, including public procurement, postal services, vehicle inspection centers, and renewable energy generation. The theoretical framework integrates Reale's three-dimensional theory of law, the public service doctrine, the ILO's decent work standards, and Bandura's sociocognitive theory of moral disengagement. The findings demonstrate that current administrative and judicial mechanisms are structurally insufficient to protect construction workers' rights, and that preventive enforcement instruments — operating on employers' economic interests before violations occur — offer superior protective efficacy than purely reactive sanctions.
Abstract: This study examines the systematic violation of labor rights in the civil construction sector of the Amazonas region, Peru, focusing on persistent non-compliance with collectively negotiated wage scales despite existing legal frameworks. Drawing on empirical data from structured surveys administered to 142 construction workers and qualitative analy...
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Research Article
The Institutional Logic and Practical Significance of the Revision of China Maritime Code
Wu Songyu,
He Yutong,
Wang Deling,
Wu Changyue*
Issue:
Volume 9, Issue 2, June 2026
Pages:
166-173
Received:
7 March 2026
Accepted:
19 March 2026
Published:
31 March 2026
Abstract: The first comprehensive revision of China's Maritime Law in over three decades directly responds to the practical demands of digitalization and green transformation in the shipping industry. Focusing on institutional innovation, this revision undertakes systematic adjustments. Through analyzing legal provisions, comparing different laws, and assessing policy impacts, four core institutional innovations have been identified: the unification of domestic and international cargo transport rules to resolve the institutional fragmentation arising from "different laws governing the same cargo"; the clarification of the legal status of electronic transport records, applying the "functional equivalence" principle to address rights attribution and transfer issues in the absence of paper documents; the addition of a dedicated chapter on vessel-source oil pollution damage, establishing a tripartite compensation system integrating strict liability, compulsory insurance, and a compensation fund; and the readjustment of rules on carrier liability to accurately address challenges arising from new business practices. The study shows that the revision significantly enhances legal applicability, promotes digital transformation and green development in the industry, and strengthens China's capacity in foreign-related maritime legal affairs. However, attention must be paid to implementation risks such as the formulation of technical standards, uniform judicial application, and the capacity of the insurance market. To ensure the smooth implementation of the new law, supporting systems should be improved, and judicial guidance refined to advance the modernization of China's maritime legal system. This revision marks a profound shift in China's role from an adapter to a leader in international maritime rule-making, providing a solid institutional foundation for the nation's strategy of building a strong maritime country.
Abstract: The first comprehensive revision of China's Maritime Law in over three decades directly responds to the practical demands of digitalization and green transformation in the shipping industry. Focusing on institutional innovation, this revision undertakes systematic adjustments. Through analyzing legal provisions, comparing different laws, and assess...
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Research Article
Judicial Perspective Special Dispute Resolution Management of Damage, Pollution, Climate Change, and Conservation of Sustainable Environmental Preservation in Indonesia
Marulak Pardede*
Issue:
Volume 9, Issue 2, June 2026
Pages:
174-188
Received:
6 April 2023
Accepted:
27 April 2023
Published:
7 April 2026
DOI:
10.11648/j.ijls.20260902.13
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Views:
Abstract: Ecological systems are formed from reciprocal relationships between living things and their environment. The relationship between humans and their environment is an ecosystem in the concept of sustainable development in the Environmental Law system, but if there is a change in interaction between components resulting in a disturbance that exceeds the capacity of the ecosystem (Environmental Carrying Capacity and Resilience), then environmental problems will arise. Pollution and destruction of the environment are caused by human actions in fulfilling their needs without regard to the preservation of natural resources. At the implementation level, it seems that there are still various obstacles. Therefore, the main problem in this research is: to what extent can government policies in the field of environmental management prevent economic activities that lead to environmental destruction and pollution? This study uses a normative juridical method based on literature studies to obtain secondary data sourced from primary, secondary and tertiary legal materials. Specifications of analytical descriptive research. The data analysis method used is qualitative juridical. The results of the study show that overall government policies on environmentally friendly management have not been able to overcome the conflicts that often arise between the goals of environmental preservation and the goals of economic development. Pollution and destruction is still going on today, due to many obstacles in enforcing administrative law: the absence of environmentally friendly community behavior; weak environmental law enforcement; not effective in dealing with various cases of pollution and environmental destruction. As a solution to overcome these obstacles, it is necessary to enforce criminal law, in addition to imposing material punishments (requiring proof) for crimes which are genetic crimes, it is also necessary to apply formal offenses (no need for proof) for crimes which are specific crimes. The process of enforcing environmental law from the aspect of criminal law will be more successful if it is handled by agencies that technically and institutionally deal with environmental issues. In addition, the concept of sustainable development must be implemented in the legal system for environmental management. In the future, it is necessary to develop coordination between law enforcement officials who are assembled.
Abstract: Ecological systems are formed from reciprocal relationships between living things and their environment. The relationship between humans and their environment is an ecosystem in the concept of sustainable development in the Environmental Law system, but if there is a change in interaction between components resulting in a disturbance that exceeds t...
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