To summarise where we have got to so far – Santa is held to perhaps the lowest standard of employment law possible. The only enforceable laws would be international laws enforced under the ‘universality principle’ which empowers States with the ability to punish certain offenses recognised as of universal concern, including… slavery. In fact, since there would be no connection between (1) any State seeking to exercise their jurisdiction and (2) Santa, elves, or the North Pole, no State would be able to enforce their own employment laws over elf labour. There are, therefore, very few laws which actually apply to elves and their merry master. I certainly don’t recall seeing Santa’s signature on the back pages of the convention either. Most of the laws are positive duties which must be adhered to by States who are party to UNCLOS, however, despite Santa’s reputation it is unlikely his workshop would be considered a State. But what does this mean? Well, Part VII of UNCLOS sets out a number of principles and prohibitions which govern conduct on the high seas. So Santa and his elves live and work on the high seas… who knew. The North Pole and much of the surrounding territory can be more specifically categorised under the laws of the high seas in accordance with Article 86 UNCLOS as, among other reasons, it is a sufficient distance from the shorelines of neighbouring nations. As such the law which applies to the North Pole and much of the Arctic Ocean is the ‘law of the sea’, internationally governed by the United Nations Convention on the Law of the Sea 1982 ( UNCLOS). The icy wasteland lies within the Arctic Ocean and is not governed by any one nation. Alas, we must turn our attention to the jurisdiction of the North Pole. Were Santa’s workshop based in the UK our employment team would have a much easier time advising on the rights of elfkind. If you opened this article for a serious legal discussion then do not be put off by the jovial nature of the preceding paragraph… you are in the right place and it’s about to get a whole lot more complicated. Now that we know a little more about elves we can turn to the law. This is a topic of debate between regions as some believe that leaving a bowl of porridge (or, in more modern times, some sugary snacks) keeps the elf fed, happy and out of trouble. Elves are usually good-hearted and helpful although some folklore suggests that thanking them with food, possessions, or sometimes even mere compliments may insult them to the point where they wreak havoc on your home. Elves live at the North Pole building toys, tending to the reindeer and otherwise helping around Santa’s workshop. Not much is known about the Christmas elves, however, there are some generally accepted assumptions which can form the basis of our analysis. Here we explore who these mysterious manufacturers are and whether Santa has any right to demand so much of them.īefore proceeding it is important to understand who these nimble nisse are. The team in our employment department love a Christmas present as much as the next person, but we also care about the rights of elves. Santa’s little helpers, the elves of the North Pole, spend all year building the toys which we enjoy so dearly, before inevitably breaking about 15 minutes before the roast dinner hits the table. But with all this taking it is easy to forget who does all the making. On the 25 th we will, once again, be awoken to the sound of friends and loved ones tearing open their presents. It’s Christmas time and girls and boys around the world are excited for their annual visit from the jolly man in the red suit.
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