Laws Against Strikes The South African Experience In An International And Comparative Perspective
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Laws against strikes. The South African Experience in an international and Comparative Perspective by AA. VV.,Bob Hepple,Rochelle le Roux,Silvana Sciarra Pdf
Laws against Strikes, comprising contributions from South African, Italian and British legal scholars, examines the right to strike in periods of socio-economic crisis. The book aims to contribute to the debates on this issue, by comparing, where a
Laws Against Strikes by B. A. Hepple,Rochelle Le Roux,Silvana Sciarra Pdf
The Marikana massacre at a platinum mine in South Africa on 16 August 2012 reflected a deep social crisis in post-apartheid South Africa, but also marked a failure of voluntary collective bargaining. Against the backdrop of Marikana and other violent protest action in "South Africa, Laws Against Strikes examines what went wrong with labour relations in South Africa and what can be done to stabilise and improve those relations. In the European Union, the right to strike has been at the centre of the complex and controversial jurisprudence of the Court of Justice regarding industrial action, which started with the rulings in Viking and Laval in 2007. Although violence was not a factor in those cases, they brought into public focus the problem of disequilibrium between economic freedoms and fundamental social rights. Since 2008, the era of austerity measures in Europe has also called into question the adequacy of labour laws and has revealed that organisations representing collective interests lack the power to significantly influence macro-economic policy. Laws Against Strikes, comprising contributions from South African, Italian and British legal scholars, examines the right to strike in periods of socio-economic crisis. The book aims to contribute to the debates on this issue, by comparing, where appropriate, the operation of the right to strike in South Africa with its operation in the European Union countries."--Page [4] of book cover.
Strike Ballots, Democracy, and Law by Breen Creighton,Catrina Denvir,Richard Johnstone,Shae McCrystal,Alice Orchiston Pdf
This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.
Labour Law and Social Progress by Roger Blanpain,Frank Hendrickx Pdf
For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.
Author : Janice R. Bellace,Beryl ter Haar Publisher : Edward Elgar Publishing Page : 528 pages File Size : 43,8 Mb Release : 2019 Category : Law ISBN : 9781786433114
Research Handbook on Labour, Business and Human Rights Law by Janice R. Bellace,Beryl ter Haar Pdf
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
Law, Nation-building & Transformation by Catherine Jenkins,Max Du Plessis Pdf
In this book, 15 contributors from the disciplines of law, politics, and sociology reflect on South Africa's transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics is expansive, in keeping with a broader-than-usual definition of transitional justice which, it is argued, is more appropriate for States faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom. In the case of South Africa, the post-apartheid era has been characterized by wide-ranging attempts at transformation and nation-building, from the well-known Truth and Reconciliation Commission to reforms in education and policing, the promotion of women's rights, the reform of land law, the provision of basic services to hundreds of thousands of poor households, a new framework for freedom of expression, and the transformation of the judiciary. In the light of South Africa's commitment to a new constitutional dispensation and to legal regulation, this volume focuses in particular, but not exclusively, on the role that law and lawyers have played in social and political change in South Africa in the post-apartheid era. It sets the South African experience in historical and comparative perspective and considers whether any lessons may be learned for the field of transitional justice. (Series: Transitional Justice - Vol. 15)
Security and Democracy in Southern Africa by Gavin Cawthra,André Du Pisani,Abillah H. Omari Pdf
Southern Africa has embarked on one of the world's most ambitious security co-operation initiatives, seeking to roll out the principles of the United Nations at regional levels. This book examines the triangular relationship between democratisation, the character of democracy and its deficits, and national security practices and perceptions of eleven southern African states. It explores what impact these processes and practices have had on the collaborative security project in the region. Based on national studies conducted by African academics and security practitioners over three years, it includes an examination of the way security is conceived and managed, as well as a comparative analysis of regional security co-operation in the developing world.
The African Criminal Court by Gerhard Werle,Moritz Vormbaum Pdf
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
Indigenous Peoples' Rights in Southern Africa by Robert K. Hitchcock,Diana Vinding Pdf
This book is concerned with the first peoples (those people who are considered indigenous by themselves and others) of southern Africa such as the San, the Nama, and the Khoi, and their rights. Although living in democratic countries like Namibia, South Africa, Zimbabwe, and Botswana --and in principle sharing the same rights and responsibilities as the rest of the population--practice shows that these peoples more often than not are at the margins of the societies in which they live; they often face extreme poverty, and they frequently are subjected to discriminatory treatment and exposed to all kinds of human rights abuses. Robert K. Hitchcock is professor of anthropology and geography at the University of Nebraska-Lincoln, USA. He has done extensive research and development work in southern Africa in general and among San peoples in particular. Diana Vinding is an anthropologist working with the International Work Group for Indigenous Affairs (IWGIA) in Copenhagen.
Frontiers of Legal Knowledge by Kenneth Kaoma Mwenda,David A. Ailola Pdf
Frontiers of Legal Knowledge examines contemporary issues in African jurisprudence on the business and economic law aspects of globalization and good governance. It sets out an interdisciplinary exposition of the law, providing an interface of business law, finance, management, economics, political economy, and development studies. This book attempts to permeate intellectual spheres that have not been explored in depth before. This is not a simple textbook on the introductory aspects of a particular field of law. Instead, the book breaks new ground in the areas of business and economic law. A law-in-context approach gives added value to the respective fields of knowledge in the book. The editors have endeavored to bring together fresh and original contributions from leading African scholars on the respective subjects covered in the book, with each chapter written by an expert in the field. Mwenda and Ailola cover, among other things, development economics and development studies, and the nexus between these disciplines and business and economic law. The topics examined include the following: privatization law in Zambia; the U.S. African Growth Opportunity Act, as it applies to Zambia and other African countries; the legal framework for the African Trade Insurance Agency; international aspects of protecting intellectual property rights; land law and property rights in Zambia; aspects of trusts law in Zambia; the institutional framework for tax administration in Zambia and principles of tax law in that country; developments in labor law of international organizations and the applicability of such matters to Zambia; securities regulation both in Zambia and other countries; the legal framework for regulating foreign direct investment in Zambia; developments in company law and corporate finance law of Zambia and other countries; developments relating to the financial sector; and many other areas of jurisprudence in Africa. Scholars interested in studying international and comparative law, and the interface of law and the social sciences, will find this book a must read.
