Globalization and the Future of Labour Law

Globalization and the Future of Labour Law
Author: John D. R. Craig
Publisher: Cambridge University Press
Total Pages: 35
Release: 2006-04-03
Genre: Law
ISBN: 1139452622

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How are national and international labour laws responding to the challenge of globalization as it re-shapes the workplaces of the world? This collection of essays by leading legal scholars and lawyers from Europe and the Americas was first published in 2006. It addresses the implications of globalization for the legal regulation of the workplace. It examines the role of international labour standards and the contribution of the International Labour Organization, and assesses the success of the European experiment with continental employment standards. It explores the prospects for hemispheric co-operation on labour standards in the Americas, and deals with the impact of international labour standards on the rights of women and migrant workers. As the nature and organization of work around the world is being decisively transformed, new regional and international institutions are emerging that may provide the platform for new labour standards, and for protecting existing ones.

Labour Law and Worker Protection in Developing Countries

Labour Law and Worker Protection in Developing Countries
Author: Tzehainesh Teklè
Publisher: Hart Publishing
Total Pages: 344
Release: 2010-02-11
Genre: Business & Economics
ISBN:

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This important study shifts the focus of scholarly and policy debates around the role of labour law away from the North to those of the global South.

The Future of the International Labour Organization in the Global Economy

The Future of the International Labour Organization in the Global Economy
Author: Francis Maupain
Publisher: Bloomsbury Publishing
Total Pages: 339
Release: 2013-10-23
Genre: Law
ISBN: 1782255958

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The International Labour Organization was created in 1919, as part of the Treaty of Versailles that ended the First World War, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. As the oldest organisation in the UN system, approaching its 100th anniversary in 2019, the ILO faces unprecedented strains and challenges. Since before the financial crisis, the global economy has tested the limits of a regulatory regime which was conceived in 1919. The organisation's founders only entrusted it with balancing social progress with the constraints of an interconnected open economy, but gambled almost entirely on tools of persuasion to ensure that this would happen. Whether that gamble is still capable of paying-off is the subject of this book, by a former ILO insider with an unrivalled knowledge of its work. The book forms part of a broader inquiry into the relevance of founding institutional principles to today's context, and strives to show that the bet made on persuasion may yet pay off. In part, the text argues that there may be little alternative anyway, showing that the pathways to more binding solutions are fraught with difficulty. It also shows the ILO's considerable future potential for promoting effective, universal regulations by extending its tools of persuasion in as yet insufficiently explored directions. Starting with an examination of how the organisation's institutional context differs from 93 years ago, the author goes on to evaluate the prospects of numerous proposals put forward today, including the trade/labour linkage, but going beyond this. As a case study in how strategic choices can be made under legal, social and institutional constraints, the book should be valuable not only to those with an interest in the ILO, but to anyone who studies international organisation, labour law, law and society or political economy.

Labour Law in an Era of Globalization

Labour Law in an Era of Globalization
Author: Joanne Conaghan
Publisher:
Total Pages: 580
Release: 2004
Genre: Business & Economics
ISBN: 9780199271818

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Throughout the industrial world, the discipline of labor law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labor law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition. These essays--which are the product of a transnational comparative dialog among academics and practitioners in labor law and related legal fields, including social security, immigration, trade, and development--identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.

Labour Standards in International Economic Law

Labour Standards in International Economic Law
Author: Henner Gött
Publisher: Springer
Total Pages: 426
Release: 2018-02-21
Genre: Law
ISBN: 3319694472

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The book offers a comprehensive perspective on the highly topical issue of protecting and promoting labour standards in international economic law and the globalized economy. For the purpose of an in-depth analysis of both the specific and the fundamental aspects in this regard, it combines views from specialized academics of the legal and political sciences as well as experienced practitioners. The contributions to this book do not only reveal recurring obstacles but also point at best practices and potential for synergies, providing important guidance for future research and practice in international economic and labour law and policy.

Globalisation, State and Labour

Globalisation, State and Labour
Author: Peter Fairbrother
Publisher: Routledge
Total Pages: 177
Release: 2007-05-07
Genre: Business & Economics
ISBN: 1134186444

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Globalisation, State and Labour combines a new theoretical approach with comparative analysis – ensuring that it will be of vital interest to anyone concerned with the globalization debate, the future of the state, and organized labour. It shows how although the world is undergoing enormous changes involving politics, the economy and society, the position and place of the state, and the significance of state policy in this process, is heavily contested. Presenting a timely opportunity to review and re-assess the modern state with regards to labour, the essays included in this text, written by leading researchers in the area, develop a new theoretical framework that puts work, workers and their organizations at the heart of analyzing state restructuring. Using major studies from four countries (UK, Denmark, Australia and New Zealand), the contributors challenge many preconceptions regarding globalization and labour organization - including the notions that the state is being marginalized by the processes of globalization, and that the trade unions are becoming irrelevant.

Transnational, European, and National Labour Relations

Transnational, European, and National Labour Relations
Author: Gerald G. Sander
Publisher: Springer
Total Pages: 331
Release: 2018-06-22
Genre: Law
ISBN: 3319022199

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This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.

The Globalization of Labour Standards

The Globalization of Labour Standards
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 186
Release: 2004-01-01
Genre: Law
ISBN: 9041123032

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"Do core labour standards exist in today's global economy? If so, what are they? And most important how effective are they?" "In this book two labour law scholars answer these questions in a definitive manner. In detail they demonstrate that, although insufficiently legally binding instruments governing employment and labour exist beyond the national level, a significant body of international soft law has developed that does in fact carry great weight. Blanpain and Colucci identity four major sources of this soft law - the UN Global Compact of 1999, the ILO Tripartite Declaration of Principles, the North American Agreement on Labour Cooperation and the OECD Guidelines for Multinational Enterprises - and show how the principles these instruments enunciate act as a countervailing power to the international economic decision-making of multinational corporations." "The authors cite relevant cases and highlight emerging trends in this important area of labour law. Annexes reprint all four of the instruments. The Globalization of Labour Standards will be welcomed by all sectors of the labour and employment law community as a fully realized analysis of what is currently available to those who would like to ensure economic and social progress in a world dominated by multinational corporations."--BOOK JACKET.

The Future of Work

The Future of Work
Author: Adalberto Perulli
Publisher: Kluwer Law International B.V.
Total Pages: 500
Release: 2020-12-10
Genre: Law
ISBN: 9403528613

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Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.

Labour Laws and Global Trade

Labour Laws and Global Trade
Author: B. A. Hepple
Publisher: Hart Publishing
Total Pages: 327
Release: 2005-03-25
Genre: Business & Economics
ISBN: 1841131601

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This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.