This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the ...impact of this UN´s oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers’ rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO’s second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania. Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.
The question of social dumping has again climbed the EU policy agenda. In this article, we call into question some established views of social dumping that conceptualize the relationship between EU ...internal market and Member States in binary terms. Based on an analysis of relevant case law, and drawing on the conceptual tools provided by critical legal geography, we show that the project of EU integration relies as much on the scalar differentiation of powers as it does on the ‘upward’ shift of powers from the national‐ to the supra‐national level. We propose an understanding of EU internal market law as productive of a ‘labour law patchwork’, defined by the simultaneous fragmentation and overlap of labour law regulations across and within EU Member States. Here, we re‐conceptualize cross‐border social dumping as a ‘game of jurisdiction’ – a set of strategic moves by actors within a multi‐scalar and multi‐jurisdictional space.
Con la reforma de la Ley 21.383 se produce, en el ordenamiento chileno, un fenómeno inédito a nivel global mediante el reconocimiento constitucional de neuroderechos. Atendido a que las ...neurotecnologías proyectan influencia en la vida social y a que el trabajo cumple una función central en ella, corresponde preguntarse si existe algún tipo de efecto de este derecho en el ámbito laboral y qué puede decirse respecto a la inclusión de los neuroderechos en el derecho del trabajo. Este texto argumenta contra la idea de proceder inmediatamente a la adopción de esta propuesta en el ámbito laboral en favor de explorar las opciones ya existentes en el ordenamiento jurídico del ramo, las que resguardan los mismos bienes jurídicos que se buscarían proteger mediante esta nueva categoría de derechos, restándoles aporte.
This open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It ...illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.
This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues ...that there are considerable merits to be derived from separating out the integrationist, economic and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and seeks to demonstrate that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU. The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of shifts in policy-making technique. From the governance perspective, labour law is a particularly useful focus of study, given the range of traditional and new approaches to governance which have been attempted, from harmonisation through framework measures to the open method of coordination, and the range of actors involved in the policy making process. The intention is not to provide an exhaustive account of European intervention in the labour law arena. Instead it provides a framework to enable the reader to think about the role that the EU has, and should, play in this field, and argues that European level intervention can make a valuable contribution to the making of labour law in European Member States. Available in OSO: http://www.oxfordscholarship.com/oso/public/content/law/9780199277209/toc.html
Schattschneider's insight that “policies make politics” has played an influential role in the modern study of political institutions and public policy. Yet if policies do indeed make politics, ...rational politicians have opportunities to use policies to structure future politics to their own advantage—and this strategic dimension has gone almost entirely unexplored. Do politicians actually use policies to make politics? Under what conditions? In this article, we develop a theoretical argument about what can be expected from strategic politicians, and we carry out an empirical analysis on a policy development that is particularly instructive: the adoption of public-sector collective bargaining laws by the states during the 1960s, 1970s, and early 1980s—laws that fueled the rise of public-sector unions, and “made politics” to the advantage of Democrats over Republicans.
Abstract This article draws on the scholarly tradition of critical realism to develop a structural approach to labour law that can help equip labour lawyers with the critical tools that will be ...required if they are to defend labour law against the various ideological critiques to which it is, and has historically been, subject; and if they are to advance structurally informed arguments for reform that are sensitive to the structural constraints that exist both when it comes to what can be achieved in capitalism and when it comes to what can be achieved through law in particular.
Regulating Labour in the Wake of Globalisation Bercusson, Brian; Estlund, Cynthia
Regulating labour in the wake of globalisation: new challenges, new institutions,
2007, 2008., 2008, 20080101
eBook
In recent decades, the prevailing response to the problem of unacceptable labour market outcomes in both Europe and North America - national regulation of labour standards and labour relations, ...coupled with collective bargaining - has come under increasing pressure from the economic and technological forces associated with globalisation. As those forces have shifted power away from national governments and labour unions and toward capital, the appropriate institutional locus of labour regulation has become hotly contested. There have been efforts to move the locus of regulation downward to smaller units of governance, including firms themselves, upward to larger units such as regional federations and international organizations, and outward to non-governmental organizations and civil society. In this volume, labour relations scholars from North America and Europe examine the efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the appropriate direction of reform.
The second and third volumes of the series "Italo-Brazilian Studies of Labour Law and Social Security" are dedicated to the analysis of the discipline of flexible labour contracts in force in the two ...legal systems. With the participation of important scholars from both countries, the volumes offer a comprehensive examination of the evolution of flexibility in the Italian and Brazilian labour markets through an in-depth examination of the main forms of relationships other than the traditional but less central one of full-time and open-ended employment. The publication of the volume in Italian and Portuguese is intended to facilitate, in keeping with the aim of the Series, the circulation of legal knowledge between the two countries.
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