Labour Law in an Era of Globalization

Transformative Practices and Possibilities

Author: Joanne Conaghan,Richard Michael Fischl,Karl Klare

Publisher: Oxford University Press on Demand

ISBN: 9780199271818

Category: Language Arts & Disciplines

Page: 546

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Throughout the industrial world, the discipline of labour 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 labour law evolved in a symbiotic relationship with a postwarinstitutional 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, a decline in the capacity of the nation-state to steer economic progress, the ascendancy of fiscalausterity and monetarism over Keynesian/welfare state politics, the appearance of post-industrial production models, the proliferation of contingent employment relationships, the fragmentation of class-based identities and emergence of new social movements, and the significantly increasedparticipation of women in paid work.These developments offer many appealing possibilities - the opportunity, for example, to contest the gender division of labour and re-think the boundaries between immigration and labour policy. But they also hold out quite threatening prospects - including increased unemployment and inequality andthe decline of workers' organizations and social participation - in the context of proliferating constraints imposed by international financial pressures on enacting redistributive social and economic policies. New strategies must be developed to meet these challenges. These essays - which are the product of a transnational comparative dialogue among academics and practitioners in labour law and related legal fields, including social security, immigration, trade, and development - identify, analyse, and respond to some of the conceptual and policy challenges posedby globalization.
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Theories of Social and Economic Justice

Author: André Johannes Van der Walt

Publisher: AFRICAN SUN MeDIA

ISBN: 1919980822

Category: Political Science

Page: 315

View: 8442

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The bulk of the contributions in this publication originated in a research project initiated by the Stellenbosch Institute for Advanced Study (STIAS) in 2002. The book is based on the idea that the attainment of greater social and economic justice, specifically in the South African context, is strongly influenced by the implications and the coherence of various theories of social and economic justice.
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Migrants at Work

Immigration and Vulnerability in Labour Law

Author: Cathryn Costello,Mark Freedland

Publisher: OUP Oxford

ISBN: 0191023523

Category: Law

Page: 414

View: 8096

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There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
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Globalization and Local Adaptation in International Trade Law

Author: Pitman B. Potter

Publisher: UBC Press

ISBN: 0774819057

Category: Law

Page: 320

View: 1790

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The trade principles of Western liberal democracies are at the core of international trade law regimes and standards. Are non-Western societies adopting international standards, or are they adapting them to local norms and cultural values? This volume employs the paradigm of selective adaptation to explain the reception of international trade law in the Pacific Rim. Drawing on examples from China, Japan, Thailand, and North America, the contributors show that formal acceptance of international trade standards does not necessarily translate into uniform enforcement and acceptance at the local level. They offer compelling evidence that non-uniform compliance will be a legitimate outcome of the globalization of international trade law.
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Resocialising Europe in a Time of Crisis

Author: Nicola Countouris,Mark Freedland

Publisher: Cambridge University Press

ISBN: 1107041740

Category: Business & Economics

Page: 542

View: 2444

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Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But in recent years, and in spite of the adoption of the Charter of Fundamental Rights, the EU social profile has entered a profound period of crisis. The ECJ judgments of Viking and Laval exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis, while the various 'bail out' packages are producing a constant retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.
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The Labour Constitution

The Enduring Idea of Labour Law

Author: Ruth Dukes

Publisher: OUP Oxford

ISBN: 0191038601

Category: Law

Page: 250

View: 5952

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By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.
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Exploiting the Limits of Law

Swedish Feminism and the Challenge to Pessimism

Author: Professor Åsa Gunnarsson,Professor Eva-Maria Svensson,Professor Margaret Davies

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409495906

Category: Law

Page: 244

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Moving beyond the question of whether an area of scholarly investigation can truly be characterized as 'legal', Exploiting the Limits of Law combats the often unhelpful constraints of law's subject-matter and formal processes. Through a process of reflection on the limits of law and repeated efforts to redraw them, this book challenges the general sense of pessimism among feminists and others about the usefulness of law as an instrument of change. The work combines theoretical analysis of the law's boundaries with investigation of the practical settings for changing legal and policy environments. Both the empirical focus of this volume, and its underlying theoretical concern with the limits of the law and its gender implications, render it of interest to legal scholars throughout the world, whether of EU law, feminism, social policy or philosophy.
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The Employment Contract and the Changed World of Work

Author: Professor Stella Vettori

Publisher: Gower Publishing, Ltd.

ISBN: 1409459853

Category: Social Science

Page: 210

View: 973

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The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.
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The Idea of Labour Law

Author: Guy Davidov,Brian Langille

Publisher: OUP Oxford

ISBN: 0191648078

Category: Law

Page: 456

View: 4552

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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.
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