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Labour Regulation and Development by Shelley Marshall,Colin Fenwick Pdf
This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialised ones, therefore making it a significant contribution to the field.
Labour Law and Sustainable Development by Valentina Cagnin Pdf
Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.
Regulating for Equitable and Job-Rich Growth by Colin Fenwick,Valérie Van Goethem Pdf
This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance.
Re-Imagining Labour Law for Development by Diamond Ashiagbor Pdf
The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.
This book is driven by a quest to re-regulate work to reduce informality and inequality, and promote a living wage for more people across the world. It presents the findings of a multidisciplinary study in four countries of varying wealth and development, exploring why people become trapped in precarious work. The accounts describe the impact of supply chain governance, trade agreements, internal and between-country migration, legal factors, as well as the socio-economic characteristics and outlooks of the workers. In a unique approach, the chapters describe existing labour regulation measures that have succeeded, but which have to date attracted little scholarly attention. Building on these existing innovations, the book proposes a new international labour law which would incrementally increase the wages of the poor and regulate precarious work in global supply chains.
Research Handbook on Transnational Labour Law by Adelle Blackett,Anne Trebilcock Pdf
The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.
Trade, Labour and Sustainable Development by Tonia Novitz Pdf
Examining the relationship between trade and labour regulation in light of the pressing need to promote sustainable development, Tonia Novitz interrogates how international legal architecture could be reformed so that no one in the world of work gets left behind. She highlights the dangers of pursuing labour and environmental issues on parallel tracks without recognising how they interact, ultimately arguing for the crafting of the content and application of trade rules through participatory processes, which involve the inclusive representation of all sectors of the labour market and all parts of the world.
Labour Regulation in the 21st Century by Pietro Manzella Pdf
The economic crisis has highlighted major shortcomings in the EU flexicurity strategy which, although suitable to tackle structural unemployment in a period of economic growth, it proved unable to stand the impact of the recession, which requires specific measures to maintain employment. Against this background, the authors of the present papers, which were presented at the International Scientific Conference “Labour Market of the 21st Century: Looking for Flexibility and Security”, on the occasion of the 370th Anniversary of the establishment of Vilnius University’s Faculty of Law, that took place on 12–14 May 2011, investigate the development of labour regulation in the 21st century, with particular reference to the relation between flexibility and security and to the need to strike a balance between these two elements. The contributions address the issue in a comparative and transnational perspective and provide some insights into the development of national models of flexibility and social security.
Regulating for Equitable and Job-rich Growth by Colin F. Fenwick,Valérie van Goethem Pdf
This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance. Drawing on both field studies and innovative theoretical perspectives, the contributors reveal an emerging consensus that labour regulation is neither negative nor positive for economic and social outcomes. By comparing the concerns and methodologies of various disciplines, they argue that balanced regulation is essential. Following analysis of how the global financial crisis has increased labour market segmentation, the book addresses the needs of key groups often at the periphery, including young women, workers in the informal economy, migrants and home-care workers. The book argues that effective and efficient labour market regulation can contribute to achieving key policy goals of employment formalization and inclusive labour markets, while also pursuing equitable distribution. An important comparative work, academics and students will find this book to be of exceptional value, particularly those studying law, economics, political science, international relations and development studies. Practitioners and policy-makers from both developed and developing countries will also benefit from the wide range of perspectives. Contributors include: D. Bailey, F. Bertranou, L. Casanova, S. Charlesworth, A. De Ruyter, C. Fenwick, M. Freedland, J. Grundy, B.-H. Lee, R. Rachmawati, J. Rubery, M.I. Syaebani, M.P. Thomas, K. Tijdens, V. Van Goethem, M. Van Klaveren, A.M. Vargas Falla, L.F. Vosko, T. Warnecke
International Labour Law by Jean-Michel Servais Pdf
No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: the relationship between international labour law and economic competition standards on industrial relations collective bargaining and dispute settlement procedures protection of trade unions prohibitions on enforced and child labour promotion of equal opportunity and treatment time and rest provisions wage determination and protection occupational health and safety provisions special issues on non-standard forms of employment foreign and migrant workers social security provisions privacy protection precarious work The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book’s combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers’ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This seventh edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.
International Labour Law by Jean-Michel Servais Pdf
No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: • the relationship between international labour law and economic competition • standards on industrial relations • collective bargaining and dispute settlement procedures • protection of trade unions • prohibitions on enforced and child labour • promotion of equal opportunity and treatment • time and rest provisions • wage determination and protection • occupational health and safety provisions • special issues on non-standard forms of employment • foreign and migrant workers • social security provisions • privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers ́ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This fifth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.
Labour Markets, Institutions and Inequality by Janine Berg Pdf
Labour market institutions, including collective bargaining, the regulation of employment contracts and social protection policies, are instrumental for improving the well-being of workers, their families and society. In many countries, these instituti
The Idea of Labour Law by Guy Davidov,Brian Langille Pdf
Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
Globalization, Sports Law and Labour Mobility by Matt Nichol Pdf
This book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball in the United States and Nippon Professional Baseball in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball.