Download or read book Les fondements du pouvoir normatif des syndicats de travailleurs written by David Soldini and published by . This book was released on 2009 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’objet de cette thèse est la description des fondements juridiques du pouvoir normatif des syndicats en droit français, italien et communautaire. Les enseignements de la Théorie pure du droit de KELSEN permettent d’identifier deux fondements possibles: - l’autonomie privée: l’individu, par un acte de volonté, délègue une part de son propre pouvoir juridique afin de protéger un intérêt qu’il ne peut satisfaire seul. - l’habilitation directe: l’ordre juridique désigne de façon directe ou indirecte les personnes juridiques qui bénéficient du pouvoir juridique. Ces fondements sont à l’origine de la formation de deux types de modèles de création normative: individuel-volontariste et collectif-pluraliste. Historiquement, le modèle individuel-volontariste s’affirme en France et en Italie suite à la reconnaissance de la liberté syndicale. Il disparaît cependant progressivement du droit français au profit d’un modèle collectif-pluraliste exclusif. Les syndicats sont érigés en porte-paroles légaux des travailleurs. La délégation de pouvoir est réalisée grâce au recours à la représentativité qui permet de sélectionner les organisations titulaires du pouvoir nécessaire à la réalisation de fonctions définies légalement. En Italie en revanche, l’apparition de délégations directes de pouvoir ne met pas fin au modèle privatiste classique. Les deux modèles coexistent. La situation de l’Union européenne diffère nécessairement des modèles nationaux étudiés. L’ordre juridique communautaire est supra-étatique et le droit syndical est exclu du domaine de compétence de l’Union. Pour autant, les articles 154 et 155 du traité reconnaissent l’existence de deux fondements au pouvoir normatif des partenaires sociaux européens. Si le Traité ne semble décrire qu’une seule procédure de négociation, les syndicats européens participent bien à deux modèles de création normative distincts qu peinent cependant à s’affirmer.
Download or read book Working Law written by Lauren B. Edelman and published by University of Chicago Press. This book was released on 2016-11-28 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.
Download or read book Collection of Essays by Legal Advisers of States Legal Advisers of International Organizations and Practitioners in the Field of International Law written by United Nations. Office of Legal Affairs and published by United Nations Publications. This book was released on 1999 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world has changed radically since 1989, when the General Assembly declared the period from 1990 to 1999 as the United Nations Decade of International Law. During that time, the international community claimed some major achievements as reflected by the adoption of conventions and treaties. This publication presents a collection of essays from legal advisers of States and international organizations, all of whom are among those committed to promoting respect for international law. Their contribution provides a practical perspective on international law, viewed from the standpoint of those involved in its formation, application and administration.
Download or read book Free and Fair Elections written by Guy S. Goodwin-Gill and published by Inter-Parliamentary Union. This book was released on 2006 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook of New Institutional Economics written by Claude Ménard and published by Springer Science & Business Media. This book was released on 2008-06-27 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Institutional Economics (NIE) has skyrocketed in scope and influence over the last three decades. This first Handbook of NIE provides a unique and timely overview of recent developments and broad orientations. Contributions analyse the domain and perspectives of NIE; sections on legal institutions, political institutions, transaction cost economics, governance, contracting, institutional change, and more capture NIE's interdisciplinary nature. This Handbook will be of interest to economists, political scientists, legal scholars, management specialists, sociologists, and others wishing to learn more about this important subject and gain insight into progress made by institutionalists from other disciplines. This compendium of analyses by some of the foremost NIE specialists, including Ronald Coase, Douglass North, Elinor Ostrom, and Oliver Williamson, gives students and new researchers an introduction to the topic and offers established scholars a reference book for their research.
Download or read book Law Society and Industrial Justice written by Philip Selznick and published by Quid Pro Books. This book was released on 2020-05-23 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: LAW, SOCIETY, AND INDUSTRIAL JUSTICE is a foundational study of workplace justice, still engaging and referenced a half-century after its original publication. The 50th Anniversary Edition adds an extensive, substantive Foreword by Berkeley’s Lauren Edelman. She writes that the book “remains important for how it conceptualizes law, for how it conceptualizes organizations, and for the theory Selznick offers regarding the moral evolution of organizations as they become ‘institutions,’ or living entities infused with values.” It is “a profound book for many reasons,” as she critically examines. Norms and values still matter in organizational governance — even in what amounts to “private government” — as this classic work reminds us. “Selznick’s classic text invites the reader to understand the interplay of formal and informal structures that produce new organizational norms, which, at their best, would replace workplace arbitrariness with due process protections like those embodied in the Rule of Law. It is not just an extraordinary contribution to the fields of sociology and jurisprudence, it is the theoretically foundational precursor to entire subfields in sociology and law.” — Laura Beth Nielsen, Chair, Department of Sociology, Northwestern University; Research Professor, ABF “Philip Selznick laid the foundation for one of law and society’s most vibrant areas of inquiry: law and organizations. Although this book has often been underappreciated, its 50th anniversary is a good opportunity to reassess its significance. Indeed, the current #MeToo movement lends more urgency to Selznick’s highly relevant ideas about conceptualizing organizations as legal orders, the importance of changing norms and values, the role of law within organizations, and organizations’ influence on the law.” — Ashley T. Rubin, Sociology, University of Hawai‘i at Manoa “Selznick’s study is undoubtedly the most erudite and imaginative example of the natural-law approach to appear. ... It is a very fine, even extraordinary piece of legal scholarship. It displays much craftsmanship, depth of learning, and creativity. It is elegant in style and graceful in presentation. Every legal sociologist should read it.” — Donald J. Black, American Journal of Sociology “A contribution, brilliant and substantial, to the literature on private government.” — Winston M. Fisk, American Political Science Review “Very enlightening and reminiscent of a good lecturer able to pull all the strings together chapter by chapter. ... The volume can be recommended to all students of law, industrial organization, and industrial relations.” — Industrial and Labor Relations Review
Download or read book Corporate Governance and Directors Liabilities written by Klaus J. Hopt and published by Walter de Gruyter. This book was released on 2012-08-28 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Internal Labor Markets and Manpower Analysis written by Peter B. Doeringer and published by M.E. Sharpe. This book was released on 1985-06 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the institutional aspects of the American labor market. The introduction assesses the major changes since 1971.
Download or read book Parliamentary Oversight of the Security Sector written by Philipp Fluri and published by DCAF. This book was released on 2003 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice on the Job written by Richard N. Block and published by W.E. Upjohn Institute. This book was released on 2006 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the current state of workers' freedom to form unions and bargain collectively and looks at the obstacles facing America's workers who seek to organize into unions in the 21st century.
Download or read book Theoretical Perspectives on Work and the Employment Relationship written by Bruce E. Kaufman and published by Cornell University Press. This book was released on 2004 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing a strong theoretical base for research and practice in industrial relations and human resource management has to date remained a largely unfulfilled challenge. This text presents contributions from 15 scholars, developing their perspectives on work and the employment relationship.
Download or read book American Shoemakers 1648 1895 written by John Rogers Commons and published by . This book was released on 1909 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book ILO Histories written by Jasmien van Daele and published by Peter Lang. This book was released on 2010 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009, the International Labour Organization (ILO) celebrated its ninetieth anniversary. The First World War and the revolutionary wave it provoked in Russia and elsewhere were powerful inspirations for the founding of the ILO. There was a growing understanding that social justice, in particular by improving labour conditions, was an essential precondition for universal peace. Since then, the ILO has seen successes and set-backs; it has been ridiculed and praised. Much has been written about the ILO; there are semi-official histories and some critical studies on the organization's history have recently been published. Yet, further source-based critical and comprehensive analyses of the organization's origins and development are still lacking. The present collection of eighteen essays is an attempt to change this unsatisfactory situation by complementing those histories that already exist, exploring new topics, and offering new perspectives. It is guided by the observation that the ILO's history is not primarily about «elaborating beautiful texts and collecting impressive instruments for ratification» but about effecting «real change and more happiness in peoples' lives».
Download or read book Globalization Ethical and Institutional Concerns written by Edmond Malinvaud and published by . This book was released on 2001 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Future of the International Labour Organization in the Global Economy written by Francis Maupain and published by Bloomsbury Publishing. This book was released on 2013-10-23 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Broken Promise written by James Gross and published by Temple University Press. This book was released on 2010-06-10 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inside look at government regulations analyzes the failure of the Wagner-Taft-Hartley Act.
Download or read book Economics Organization and Management written by Paul Robert Milgrom and published by Prentice Hall. This book was released on 1992 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic treatment of the economics of the modern firm, this text draws on the insights of various areas in modern economics and other disciplines and presents the central problems in organizations of motivating people and co-ordinating their activities.
