Download or read book Laws against strikes The South African Experience in an international and Comparative Perspective written by AA. VV. and published by FrancoAngeli. This book was released on 2015-05-28 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Laws Against Strikes written by B. A. Hepple and published by . This book was released on 2016 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Strike Ballots Democracy and Law written by Breen Creighton and published by Oxford University Press, USA. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 Research Handbook on Labour Business and Human Rights Law written by Janice R. Bellace and published by Edward Elgar Publishing. This book was released on 2019 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Solidarity and Conflict written by Silvana Sciarra and published by Cambridge University Press. This book was released on 2018-03-29 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ongoing austerity crisis is being felt in all sectors of EU law, but has had a particularly severe impact on labour law. Silvana Sciarra, a leading judge and scholar of EU employment law, considers how solidarity regimes have been shaken by the crisis. She brings together existing European policies in social and employment law, to enhance synergies and developments in a post-crisis discourse. She looks at reactions of national constitutional courts to austerity measures and of international organizations in re-establishing respect of fundamental workers' rights. Criticizing soft law approaches in employment policies, she favours recourse to binding measures connected with selective financial incentives through European funds. She highlights developments in European sector social dialogue and new horizons of transnational collective bargaining in large multinationals. Taking a positive, practical approach, Sciarra shows how social policies can enhance solidarity and social cohesion, through European financial support.
Download or read book Precarious Liberation written by Franco Barchiesi and published by State University of New York Press. This book was released on 2011-06-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2012 CLR James Award presented by the Working Class Studies Association Millions of black South African workers struggled against apartheid to redeem employment and production from a history of abuse, insecurity, and racial despotism. Almost two decades later, however, the prospects of a dignified life of wage-earning work remain unattainable for most South Africans. Through extensive archival and ethnographic research, Franco Barchiesi documents and interrogates this important dilemma in the country's democratic transition: economic participation has gained centrality in the government's definition of virtuous citizenship, and yet for most workers, employment remains an elusive and insecure experience. In a context of market liberalization and persistent social and racial inequalities, as jobs in South Africa become increasingly flexible, fragmented, and unprotected, they depart from the promise of work with dignity and citizenship rights that once inspired opposition to apartheid. Barchiesi traces how the employment crisis and the responses of workers to it challenge the state's normative imagination of work, and raise decisive questions for the social foundations and prospects of South Africa's democratic experiment.
Download or read book Proportionality and Judicial Activism written by Niels Petersen and published by Cambridge University Press. This book was released on 2017-03-02 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
Download or read book Labour in the Global South written by International Labour Office and published by International Labor Office. This book was released on 2012 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour in the global South is an exciting contribution to the new field of global labour studies. It identifies in ten clearly written chapters the innovative and creative responses to the challenges facing labour worldwide.? -Edward Webster, University of Kassel, Germany, and University of the Witwatersrand, South Africa.
Download or read book Constitutional Triumphs Constitutional Disappointments written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-04-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Download or read book Annual Legal Bibliography written by Harvard Law School. Library and published by . This book was released on 1978 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Working Time Around the World written by Jon C. Messenger and published by Routledge. This book was released on 2007-05-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Frontiers of Legal Knowledge written by Kenneth Kaoma Mwenda and published by . This book was released on 2003 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book South African Labour Bulletin written by and published by . This book was released on 2003 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Retail Worker Politics Race and Consumption in South Africa written by Bridget Kenny and published by Springer. This book was released on 2018-05-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that we need to focus attention on the ways that workers themselves have invested subjectively in what it means to be a worker. By doing so, we gain an explanation that moves us beyond the economic decisions made by actors, the institutional constraints faced by trade unions, or the power of the state to interpellate subjects. These more common explanations make workers and their politics visible only as a symptom of external conditions, a response to deregulated markets or a product of state recognition. Instead – through a history of retailing as a site of nation and belonging, changing legal regimes, and articulations of race, class and gender in the constitution of political subjects from the 1930s to present-day Wal-Mart – this book presents the experiences and subjectivities of workers themselves to show that the collective political subject ‘workers’ (abasebenzi) is both a durable and malleable political category. From white to black women’s labour, the forms of precariousness have changed within retailing in South Africa. Workers’ struggles in different times have in turn resolved some dilemmas and by other turn generated new categories and conditions of precariousness, all the while explaining enduring attachments to labour politics.
Download or read book Index to Legal Periodicals Books written by and published by . This book was released on 2005 with total page 2288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The African Criminal Court written by Gerhard Werle and published by Springer. This book was released on 2016-11-29 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
