Download or read book Conceptualizing Transnational Labour Law written by Adelle Blackett and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, including this introductory chapter, is structured to interrogate each of the components of transnational labour law (TLL): its characterization as law, its relationship to 'labour' and 'labour law' and its 'transnational' character. Each component raises points of convergence and disjuncture with the past. For although TLL has risen in response to the period of globalization, this handbook suggests that its roots lie in earlier moments, like 1919, when concerned actors sought to address the challenges inherent to the affirmation that 'the failure of any nation to adopt humane conditions of labour is an obstacle in the way of other nations which desire to improve the conditions in their own countries'. TLL builds on the multiple, and largely mutually reinforcing, accounts of its past, but also loosens the grip both of a unitary, centralizing framing of the 'sovereign nation state,' however tripartite its conception, as the sole responsible actor; and of an accompanying exclusively statist understanding of law. This draft chapter has been published by Edward Elgar Publishing in Research Handbook on Transnational Labour Law by Adelle Blackett and Anne Trebilock published in 2015.
Download or read book Research Handbook on Transnational Labour Law written by Adelle Blackett and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.
Download or read book Transnational Labour Law written by Antonio Ojeda Avilés and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Foundations of European Transnational Private Law written by Anna Beckers and published by Bloomsbury Publishing. This book was released on 2024-05-30 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
Download or read book Global Workplace written by Roger Blanpain and published by Aspen Publishing. This book was released on 2012-03-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first casebook covering both international and comparative labor and employment law is characterized by its authorship by prolific, respected scholars, all of whom have taught law outside the United States. A solid conceptual framework compares national laws dealing with individual collective employment rights, including antidiscrimination law and privacy law, and considers the systems used to resolve labor and employment disputes in the context of international labor law. A sweeping coverage of international labor law considers the International Labour Organization, NAFTA and other bilateral trade agreements that include labor standards, and the European Union. In addition, The Global Workplace explores transnational corporations' self-regulatory efforts (or codes of conduct,) and the mechanisms for pursuing international labor standards in United States courts. Comparisons are drawn among the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India. Exploring the similarities and the differences among various approaches to the employment relationship allows students to better understand and evaluate the approach each country takes, and helps them develop a normative approach to labor and employment law. National legal materials are presented within historical and cultural context. Hallmark features of The Global Workplace: International and Comparative Employment Law: First casebook covering both international and comparative labor and employment law Authorship o prolific, respected scholars o all of the authors have taught law outside the United States Conceptual framework o compares national laws dealing with individual collective employment rights o including antidiscrimination law and privacy law o considers the systems used to resolve labor and employment disputes in the context of international labor law Broad coverage of international labor law o International Labour Organization o NAFTA and other bilateral trade agreements that include labor standards o the European Union o comparison of the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India o transnational corporations' self-regulatory efforts (or codes of conduct) o mechanisms for pursuing international labor standards in United States courts Explores the similarities and the differences among various approaches to the employment relationship o allows students to better understand and evaluate the approach each country takes o helps develop a normative approach to labor and employment law o national legal materials are contextualized with historical and cultural issues
Download or read book Research Handbook on Transnational Labour Law written by Adelle Blackett and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour lawņs capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice. Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour lawņs traditional exclusions through expansive approaches to equality. The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that Ňsocial justiceň is at least as important to the project of transnational labour law today as it was to the establishment of international labour law. Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the bookņs eye-opening examination of labour governance in the contemporary economy.
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.
Download or read book Human Rights Due Diligence and Labour Governance written by Ingrid Landau and published by Oxford University Press. This book was released on 2023-11-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights due diligence (HRDD) has emerged as a dominant frame through which to conceptualise and operationalise responsible business conduct with respect to workers' rights in global supply chains. Legislation mandating HRDD is now found in several European countries and across various national regulatory agendas. Many scholars, practitioners, and activists are actively calling for further legalisation, believing that this will broaden respect for human rights. Yet to date, there has been little sustained scholarly analysis from a labour rights perspective. Observing that HRDD, as originally articulated in the UN Guiding Principles on Business and Human Rights, is open to multiple interpretations, this book examines global debates on the role and status of the concept. It also considers the implications of HRDD's ascension for transnational labour law as a distinct field of law, scholarship, and activism. Combining insights from transnational governance and business regulation with empirical analysis, this book argues that HRDD is not being institutionalised at either the global or national level in a way that renders it a transformative or even robust mechanism of transnational labour law. It also draws attention to the important, but largely overlooked, ways in which the rise of HRDD is leading to subtle shifts in the configuration of actors and institutions in labour governance.
Download or read book Labour Standards in International Economic Law written by Henner Gött and published by Springer. This book was released on 2018-02-21 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Cambridge Companion to International Organizations Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2022-04-07 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Companion to International Organizations Law illuminates, from a legal perspective, what international organizations are, what makes them 'tick' and how they affect the world around them. It critically discusses such classic issues as the concept of international organization and membership, as well as questions of internal relations, accountability and how they make law, set standards and otherwise affect both their member states and the world around them. The volume further discusses the role of international organizations in particular policy domains, zooming in on domains which are not often discussed through international organizations, including disarmament, energy, food security and health. Eventually, a picture emerges of international organizations as complex phenomena engaging in all sorts of activities and relationships, the operation and authority of which is underpinned by the rules and regulations of international law.
Download or read book Labour Law and Social Progress written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2016-04-22 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Networks and Geographies of Global Social Policy Diffusion written by Michael Windzio and published by Springer Nature. This book was released on 2021-11-24 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book analyses the global diffusion of social policy as a process driven by multiplex ties between countries in global social networks. The contributions analyze links between countries via global trade, colonial history, similarity in culture, and spatial proximity. Networks are viewed as the structural backbone of the diffusion process, and diffusion is anlaysed via several subfields of social policy, in order to interrogate which network dimensions drive this process. The focus is on a global perspective of social policy diffusion via networks, and it is the first book to explicitly follow this macro-quantitative perspective on diffusion at a global scale whilst also comparing different networks. The collection tests the network structures in terms of their relevance to the diffusion process in different subfields of social policy such as old age and survivor pensions, labor and labor markets, health and long-term care, education and training, and family and gender policy. The book will therefore be invaluable to students and researchers of global social policy, sociology, political science, international relations, organization theory and economics.
Download or read book The Law of Interactions Between International Organizations written by Henner Gött and published by Springer Nature. This book was released on 2021-02-02 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses how international law addresses interactions between international organizations. In labour governance, these interactions are ubiquitous. They offer each organization an opportunity to promote its model of labour governance, yet simultaneously expose it to adverse influence from others. The book captures this ambivalence and examines the capacity of international law to mitigate it. Based on detailed case studies of mutual influence between the International Labour Organization, the World Bank, and the Council of Europe, the book offers an in-depth analysis of the pertinent law and its key challenges, both at institutional and inter-organizational level. The author envisions a law of inter-organizational interactions as a normative framework structuring interactions and enhancing the effectiveness and legitimacy of multi-institutional governance.
Download or read book Transnational Labour Solidarity written by Katarzyna Gajewska and published by Routledge. This book was released on 2009-06-02 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why and how to study European solidarity? -- Analytical categories in conceptualizing solidaristic behaviour -- Presentation of cases -- The vertical dimension of Europeanization of the trade union movement -- Interaction and action as transformational mechanisms -- Framing solidarity : interests, identification and reciprocity -- Situational mechanisms : market integration and trade unions.
Download or read book Joint Venture Agreements in the Qatari Gas Industry written by Talal Abdulla Al-Emadi and published by Springer. This book was released on 2019-03-29 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a question of importance for both theory and practice: Why are joint venture agreements preferred over other types of agreements such as concession agreements, service contracts, and production sharing agreements in the Qatari gas industry? On a theoretical level, the author analyses this decision-making process by developing an approach that integrates a micro-level analysis, more specifically within international oil companies, with a macro-level analysis that spring from the organisational culture of the Qatari gas industry. At the micro level, the author proposes John Dunning’s eclectic paradigm (as one set of theoretical ideas) to explaining one element of the decision-making process leading to the preference for joint venture agreements, that is, that of international oil companies. At the macro-level, the author proposes Antony Giddens’ structuration theory (as another set of theoretical ideas) to explaining another part of this decision-making process, that is, how it is being shaped by the organisational culture of the Qatari gas industry. On an empirical level, the proposed book applies a combination of a micro-economic approach such as Dunning’s eclectic paradigm with a macro-sociological approach such as Giddens’ structuration theory by empirical investigation. Grounded on a qualitative strategy that focuses on the meaning-making which brings together different perspectives of this decision-making process including those of international oil companies and the organisational culture of the Qatari gas industry, the proposed book utilises a case study design, named the case of the Qatari gas industry. The author employs a triangulation of data collection techniques to access empirical data: analysing official documents and semi-structured interviews (a sample of the interview questions are included in an appendix to the proposed books). In line with the qualitative nature of this proposed book, a thematic Analysis is adopted to interpret data based on Dunning’s eclectic paradigm at the micro level and Giddens’ structuration theory at the macro level. In doing so, this book connects theory with practice by investigating the preference for joint venture agreements in the case of the Qatari industry by the combined application of one of the most effective frameworks for explaining foreign direct investment, named Dunning’s eclectic paradigm along with the most complex sociological framework that offers a rich definition of organisational culture, named Giddens’ structuration theory. Audience could include academics, professionals, and graduate and senior undergraduate students.
Download or read book Social Justice and the World of Work written by Brian Langille and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.
Download or read book The Lived Experiences of African International Students in the UK written by James Marson and published by Anthem Press. This book was released on 2022-01-11 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International student migration makes a significant contribution to higher education in the United Kingdom, with Southern Africa, and Nigeria in particular, positioned joint sixth in the top ten of sending countries. Many of these student-migrants, in supplementing their finances to fund their studies in the United Kingdom, undertake employment. Temporary and/or part-time employment is integral to the student-migrant experience, despite the express purpose of their admission into the United Kingdom designated for study purposes and not work. This explicit object is reflected in restrictions affixed to international students’ employment rights whilst studying; they are generally restricted to a maximum of 20 hours of work per week during term time and proscribed from working full time or as independent contractors. Given the scant regard this topic has received in the existing literature, this study offers an examination of students’ lived employment experiences under these rules. The study aims to offer a contribution, first in respect of the employment experiences of student-migrants through the analytical framework of ‘precarity’ by examining the various manifestations of insecurity in the students’ lived realities, nuanced by structures of migration control and labour market temporalities. Secondly, by adopting the socio-legal schema of legal consciousness, the study considers the student-migrants’ relationship with the law by way of the legal restrictions on their employment and examines their agency as evidenced through efforts to derogate from these rules.
