Law And Industrial Relations China And Japan After World War Ii

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Law and Industrial Relations:China and Japan After World War II

Vai Io Lo
Law and Industrial Relations China and Japan After World War II Book PDF

Author : Vai Io Lo
Publisher : Kluwer Law International B.V.
Page : 224 pages
File Size : 55,6 Mb
Release : 1999-01-01
Category : Law
ISBN : 9789041110756

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Law and Industrial Relations:China and Japan After World War II by Vai Io Lo Pdf

Chinese and Japanese trade unions may seem emasculated and weak when compared with their Western counterparts in that they do not stand up to management to protect the interests of workers. The author's careful analysis probes the reasons for this difference, tearing down stereotypical notions about societies with a Confucian heritage, to examine the significant role of law in shaping industrial relations in modern China and Japan. Through a comparative analysis of their trade union laws, this work analyses the role of law in shaping postwar industrial relations in China and Japan and the interplay amongst such elements as the State or the Party, management, and workers. The work focuses on industrial relations in commercial and industrial enterprises, addressing such issues as the performance or nonperformance of trade unions in China and Japan and possible explanations, and the prospects and limitations of using codified laws to effect change or control in the postwar industrial settings of these two countries. The work's helpful features include a comparative approach, the use of case studies to maximize objectivity and insight, a unified and clearly expressed thesis and conclusions including a summary of findings, footnotes and cross references, an index, and concise explanations of the relevant legal provisions and the manner in which they have been applied.

China-Japan Relations after World War Two

Amy King
China Japan Relations after World War Two Book PDF

Author : Amy King
Publisher : Cambridge University Press
Page : 0 pages
File Size : 45,8 Mb
Release : 2017-12-21
Category : History
ISBN : 1107579562

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China-Japan Relations after World War Two by Amy King Pdf

A rich empirical account of China's foreign economic policy towards Japan after World War Two, drawing on hundreds of recently declassified Chinese sources. Amy King offers an innovative conceptual framework for the role of ideas in shaping foreign policy, and examines how China's Communist leaders conceived of Japan after the war. The book shows how Japan became China's most important economic partner in 1971, despite the recent history of war and the ongoing Cold War divide between the two countries. It explains that China's Communist leaders saw Japan as a symbol of a modern, industrialised nation, and Japanese goods, technology and expertise as crucial in strengthening China's economy and military. For China and Japan, the years between 1949 and 1971 were not simply a moment disrupted by the Cold War, but rather an important moment of non-Western modernisation stemming from the legacy of Japanese empire, industry and war in China.

Law and Labour Market Regulation in East Asia

Sean Cooney,Tim Lindsey,Richard Mitchell,Zhu Ying
Law and Labour Market Regulation in East Asia Book PDF

Author : Sean Cooney,Tim Lindsey,Richard Mitchell,Zhu Ying
Publisher : Routledge
Page : 322 pages
File Size : 53,7 Mb
Release : 2003-08-29
Category : Political Science
ISBN : 9781134597550

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Law and Labour Market Regulation in East Asia by Sean Cooney,Tim Lindsey,Richard Mitchell,Zhu Ying Pdf

This edited collection examines the labour laws of seven industrializing East Asian societies - China, Indonesia, Malaysia, South Korea, Taiwan, the Philippines and Vietnam - and discusses the variation in their impact across the whole region. Leading scholars from each country consider both laws pertaining to working conditions and industrial relations, and those that regulate the labour market as a whole. Legislation concerning migrant labour, gender equality, employment creation and skills formation is also examined. Adopting their own distinct theoretical perspectives, the authors trace the historical development of labour regulation and reveal that most countries in the region now have quite extensive frameworks. This book will be particularly useful to people interested in the place of labour law, and law in general, in contemporary East Asian societies.

Changing Industrial Relations & Modernisation of Labour Law

Marco Biagi
Changing Industrial Relations Modernisation of Labour Law Book PDF

Author : Marco Biagi
Publisher : Kluwer Law International B.V.
Page : 500 pages
File Size : 53,8 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041120083

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Changing Industrial Relations & Modernisation of Labour Law by Marco Biagi Pdf

Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual 'enterprise bargaining'; a new European employment policy and what it might entail; the growing phenomenon of 'flexibilisation'; the effects of an aging workforce; the crucial nexus of free trade, labour, and human rights; the promise of EU enlargement; and protection of part-time workers. There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today's world of work.

EU Industrial Relations v. National Industrial Relations

Mia Ronnmar
EU Industrial Relations v National Industrial Relations Book PDF

Author : Mia Ronnmar
Publisher : Kluwer Law International B.V.
Page : 358 pages
File Size : 53,6 Mb
Release : 2008-08-26
Category : Law
ISBN : 9789041145284

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EU Industrial Relations v. National Industrial Relations by Mia Ronnmar Pdf

The relationship between the national and international has been central in the debate on the impact of globalisation on national patterns of employment relations. While some industrial relations researchers in recent years have put forward evidence not of convergence, but rather of continuing national diversity in employment relations, others see a complex power-sharing interplay emerging for which Europe is the laboratory. This ground-breaking book asks: Do EU or European industrial relations exist? What characterises EU industrial relations and their development? What are the differences between EU industrial relations and national industrial relations? Twelve outstanding authorities from seven countries discuss the theme from a variety of perspectives. Originally presented at an international and interdisciplinary research workshop held at the Faculty of Law at Lund University in November 2007, the essays probe a range of highly topical and important legal and industrial relations issues and developments, including the implications of the epochal and much-debated Laval and Viking cases from the European Court of Justice. The focus is on the EU dimension of industrial relations, common to the Member States, and not on comparative European industrial relations. The authors raise and discuss such crucial issues as the following: the power relationship and interactions between the social partners within the framework of the social dialogue; growing problems of posting of workers, low wage competition, and ‘social dumping’; approaches to creating an EU legal framework for transnational collective agreements; the right to take industrial action in order to achieve collective agreements; the fundamental asymmetry between the scope of action of players in companies and territories affected by restructurings; information, consultation and worker participation; potential benefits of increased tripartite co-operation between the social partners and governments; compatibility of the Swedish or Nordic system with the four freedoms and its eligibility as a European model; and issues of private international law arising from collective actions with transnational implications. An appendix includes relevant EC legislation and the ECJ opinions in Laval and Viking. EU Industrial Relations vs National Industrial Relations explores an emerging and still inchoate realm of law that is heavily fraught with implications for the near future of social relations, not only in Europe but worldwide. Labour lawyers and policymakers will greatly appreciate its precise stocktaking, its insightful analysis, and its well-informed recommendations on how to proceed in the realm of practical law.

The Role of the State and Industrial Relations

Adalberto Perulli,Tiziano Treu
The Role of the State and Industrial Relations Book PDF

Author : Adalberto Perulli,Tiziano Treu
Publisher : Kluwer Law International B.V.
Page : 393 pages
File Size : 41,8 Mb
Release : 2019-10-05
Category : Law
ISBN : 9789403506623

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The Role of the State and Industrial Relations by Adalberto Perulli,Tiziano Treu Pdf

The Role of the State and Industrial Relations Edited by Adalberto Perulli & Tiziano Treu The new era of industrial relations that has been stealthily changing the world of work in recent decades seems to have reached a stage where it can be systematically monitored and analyzed, in great part because the “creeping renationalization” that has been noted since the financial crisis of 2008 has reinvigorated state intervention in essential economic structures. The contributions in this unrivalled book provide important new perspectives on the many challenges inherent in the present and future of the relationship between industrial relations and the state. Analyzing industrial relations systems from international, supranational, European and national points of view—and with an interdisciplinary approach connecting labour law, commercial law, corporate governance and international law—this one-of-kind book examines such salient aspects of the subject as the following: cooperative versus conflictual industrial relations systems; phenomenon of constitutionalization of power by multinational enterprises; competitive, illiberal and protectionist patterns of state regulation; freedom of association and industrial relations; potential power of transnational collective bargaining; impact of worktime arrangements; role of European Works Councils; exemplary value of the German system of workers’ participation; and global framework agreements. Using a comparative approach (the European Union, France, Spain, Germany, Italy, Japan, China, the United States, Brazil, South Africa, India), the book reconstructs the general framework of global industrial relations, considering challenges and future prospects and proposing a new agenda for the state. Contributors include widely renowned professors of labour, commercial and international law, as well as experts from the International Labour Organization and the International Society for Labour and Social Security Law. The debate about industrial relations and the state in our globalized world is of major concern for practitioners in governments, companies, employers’ associations and trade unions, as well as for company managers, entrepreneurs, consultants, judges, human rights lawyers and academics interested in labour, industrial relations and social rights in European and international contexts.

The Changing Institutional Face of British Employment Relations

Linda Dickens,Alan C. Neal
The Changing Institutional Face of British Employment Relations Book PDF

Author : Linda Dickens,Alan C. Neal
Publisher : Kluwer Law International B.V.
Page : 174 pages
File Size : 47,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125415

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The Changing Institutional Face of British Employment Relations by Linda Dickens,Alan C. Neal Pdf

Employment protection in Britain, once seen as resting on collective bargaining supported by public policy, has increasingly come to be framed in terms of individual legal rights, enforceable before judicial forums such as employment tribunals. This dramatic shift towards juridification of the individual employment relationship has not only contributed towards significant changes to the institutional `landscape of employment relations in Britain, but also carries important implications for the future of employment law and regulation in `the home of collective bargaining. This comprehensive evaluation of current institutional reality and trends prepared to mark the 30th anniversary of the Advisory Conciliation and Arbitration Service (Acas) provides a unique look inside the key institutions of British employment relations. Each contributor leading academics and senior practitioners, all closely associated with particular institutions locates their institution in terms of purpose, origins, and context, discusses its structure, governance and composition, and assesses its operation, considering current challenges and future direction. In the course of examining issues relating to institutional choice and roles, the presentations offer contemporary views on the impact of decentralisation and the shrinking of collective bargaining, decline in trade union membership and strength, and the political effects of increasing global competition. The influence of EU social policy initiatives upon British legislative policy is identified, while attention is drawn to the consequences of an increased feminisation of the workforce, along with an increasing incidence of `non-standard workers and continuing service sector growth. Set alongside the evidence of decline in manufacturing, restructuring of the public sector, and the growth of the SME sector, this volume demonstrates the remarkable pressures for change which have impacted upon the institutions of British employment relations over the past thirty years. These essays offer an especially valuable mix of expert independent discussion along with personal insights gained from direct involvement in the operation of the key bodies. As a much-needed overview and basis for evaluation of the current institutional map of British employment relations, as well as a contemporary consideration of lessons to be drawn from the changing institutional face of employment relations in Britain, this book will be of inestimable value to policy-makers and practitioners in the field, as well as to students, academics, and more generally interested observers of the British experience.

Social Responsibility in Labour Relations

Frans Pennings
Social Responsibility in Labour Relations Book PDF

Author : Frans Pennings
Publisher : Kluwer Law International B.V.
Page : 578 pages
File Size : 45,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127839

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Social Responsibility in Labour Relations by Frans Pennings Pdf

Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayand’s EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerand’s protection and, more generally, to traditional concepts of labour law.

Law and Investment in China

Vai Io Lo,Xiaowen Tian
Law and Investment in China Book PDF

Author : Vai Io Lo,Xiaowen Tian
Publisher : Routledge
Page : 397 pages
File Size : 47,5 Mb
Release : 2004-08-02
Category : Business & Economics
ISBN : 9781134344864

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Law and Investment in China by Vai Io Lo,Xiaowen Tian Pdf

Lo and Tian, in this informative and accessible book, provide an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment, and highlighting recent government policies and legal measures undertaken to intensify China's economic reforms.

Japan

Frank Baldwin,Anne Allison
Japan Book PDF

Author : Frank Baldwin,Anne Allison
Publisher : NYU Press
Page : 360 pages
File Size : 42,8 Mb
Release : 2015-12-15
Category : History
ISBN : 9781479889389

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Japan by Frank Baldwin,Anne Allison Pdf

"A joint publication of the Social Science Research Council and New York University Press."

Labour Law and Sustainable Development

Valentina Cagnin
Labour Law and Sustainable Development Book PDF

Author : Valentina Cagnin
Publisher : Kluwer Law International B.V.
Page : 270 pages
File Size : 53,7 Mb
Release : 2020-06-05
Category : Law
ISBN : 9789403520810

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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.

Labour Law and Climate Change

Tiziano Treu,Adalberto Perulli
Labour Law and Climate Change Book PDF

Author : Tiziano Treu,Adalberto Perulli
Publisher : Kluwer Law International B.V.
Page : 263 pages
File Size : 53,7 Mb
Release : 2023-09-14
Category : Law
ISBN : 9789403508870

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Labour Law and Climate Change by Tiziano Treu,Adalberto Perulli Pdf

Although the existential threat of climate change has at last been generally acknowledged, its influence on the labour market and the regulation of labour relations remains ambivalent at best. This supremely important volume, with contributions by thirteen prominent labour law practitioners and academics, shows how labour law not only can but absolutely must assume a greater role in the debate on the climate crisis and move towards a new eco-friendly labour paradigm. Committed to the proposition that employment must come to terms with the natural environment and open a new chapter in the relationship between human work and the Earth, the authors examine critical issues and perspectives on the role of labour law in a just ecological transition, focusing on such aspects as the following: negative externalities associated with the value chains production model; (in)effectiveness of corporate social responsibility and sustainability initiatives; protection of human rights from violations attributable to private sector activities; protection of whistleblowers; need for professional training in new occupations; environmental migrants; reskilling and active inclusion of workers and jobseekers; role of remote work and flexible working time; and evaluation and reward of employees. The impact of the green transition on industrial activities is already creating strong tensions among the social parties, leading inevitably to massive restructuring of enterprises and relocation of thousands of workers. This detailed analysis of the implications of climate change for the labour contract and the industrial relations system provides appropriate tools to understand trends and possible solutions for the future. It will be welcomed by managers, consultants, corporate lawyers, judges, human rights experts, trade unionists, researchers, and professors placed at the nexus of labour, industrial relations, and social rights in Europe and worldwide.

Experimental Legislation in China between Efficiency and Legality

Madeleine Martinek
Experimental Legislation in China between Efficiency and Legality Book PDF

Author : Madeleine Martinek
Publisher : Springer
Page : 342 pages
File Size : 40,6 Mb
Release : 2018-05-21
Category : Law
ISBN : 9783319776163

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Experimental Legislation in China between Efficiency and Legality by Madeleine Martinek Pdf

This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.

Legal Status of Sportsmen and Sportswomen Under International European and Belgian National and Regional Law

Roger Blanpain
Legal Status of Sportsmen and Sportswomen Under International European and Belgian National and Regional Law Book PDF

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
Page : 308 pages
File Size : 47,6 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041119803

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Legal Status of Sportsmen and Sportswomen Under International European and Belgian National and Regional Law by Roger Blanpain Pdf

Underscoring the demonstrable illegality of the transfer system imposed by the International Federation of Football Associations (FIFA), this text describes in detail the complex ramifications of FIFA's rules in the lives of players, revealing how their fundamental rights are systematically denied.