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Labour Law in an Era of Globalization

Labour Law in an Era of Globalization Author Joanne Conaghan
ISBN-10 019927181X
Release 2004
Pages 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 postwar institutional 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 fiscal austerity 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 increased participation 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 and the 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 posed by globalization.



Theories of Social and Economic Justice

Theories of Social and Economic Justice Author André Johannes Van der Walt
ISBN-10 9781919980829
Release 2005-08-01
Pages 315
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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.



Temporary Labour Migration in the Global Era

Temporary Labour Migration in the Global Era Author Joanna Howe
ISBN-10 9781509906291
Release 2016-11-17
Pages 440
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In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law's worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.



Migrants at Work

Migrants at Work Author Cathryn Costello
ISBN-10 9780191023521
Release 2014-10-30
Pages 414
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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.



Globalisation and Jurisdiction

Globalisation and Jurisdiction Author Pieter J. Slot
ISBN-10 9789041123077
Release 2004
Pages 314
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The spectacular growth of the international economy over the past decades has called for a more intensive role for the law, and probably also a different kind of law. In 2002, the Europa Instituut of Leiden University convened a seminar to discuss the various responses to the challenges posed by globalism in different fields of economic activity and legal practice. Their presentations are presented in this book in a more formal and extensive format.



The Labour Constitution

The Labour Constitution Author Ruth Dukes
ISBN-10 9780191038600
Release 2014-10-16
Pages 250
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Exploring different approaches to the study of labour law, this book examines different ways of conceiving of the subject and of describing, analysing, and criticizing current legislation and policy in the field. In particular, it assesses the validity of the suggestion that 'old ways' of thinking about the subject have become outdated. Detailed consideration is given to two such old ways: 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. 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. The central argument of this book is that the labour constitution can be developed so as to provide an 'enduring idea of labour law', and this is constructed against a critique of modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. As compared with the posited '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 provides a framework for analysing labour laws, labour markets, and labour market institutions, which does not limit the capacity of scholarship in the field to retain its critical edge. It focuses our attentions on important questions, and important fields of enquiry: on questions, not least, of the consequences for workers of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making as markets continue to expand.



Australian Journal of Labour Law

Australian Journal of Labour Law Author
ISBN-10 STANFORD:36105063854272
Release 2002
Pages
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Australian Journal of Labour Law has been writing in one form or another for most of life. You can find so many inspiration from Australian Journal of Labour Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Australian Journal of Labour Law book for free.



Adelaide Law Review

Adelaide Law Review Author
ISBN-10 UCAL:B5145774
Release 2002
Pages
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Adelaide Law Review has been writing in one form or another for most of life. You can find so many inspiration from Adelaide Law Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Adelaide Law Review book for free.



Globalisation and Labour Rights

Globalisation and Labour Rights Author Christine Kaufmann
ISBN-10 1841135992
Release 2007
Pages 365
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In a world of work that has changed dramatically over the last few years, states see themselves confronted with new actors and conflicting international legal obligations. This book examines the tensions between core labour rights as defined by the International Labour Organisation, and the interests of international economic institutions (e.g. WTO, IMF, World Bank, OECD). It provides an analysis of the legal interactions between international regulations and state policy with regard to potential regulatory conflicts, at both the horizontal and vertical level. The study suggests a model of multilevel consistency as a way of reconciling the highly specialised and fragmented legal systems of core labour rights on the one hand, and trade liberalisation on the other, to form the coherent framework of a consistent legal order. Its detailed analysis and recommendations are designed for both academic readers and practitioners in international organisations and governments.



Getting to Maybe

Getting to Maybe Author Richard Michael Fischl
ISBN-10 9781611632170
Release 1999-05-01
Pages 348
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Professors Fischl and Paul explain law school exams in ways no one has before, all with an eye toward improving the reader’s performance. The book begins by describing the difference between educational cultures that praise students for “right answers,” and the law school culture that rewards nuanced analysis of ambiguous situations in which more than one approach may be correct. Enormous care is devoted to explaining precisely how and why legal analysis frequently produces such perplexing situations. But the authors don’t stop with mere description. Instead, Getting to Maybe teaches how to excel on law school exams by showing the reader how legal analysis can be brought to bear on examination problems. The book contains hints on studying and preparation that go well beyond conventional advice. The authors also illustrate how to argue both sides of a legal issue without appearing wishy-washy or indecisive. Above all, the book explains why exam questions may generate feelings of uncertainty or doubt about correct legal outcomes and how the student can turn these feelings to his or her advantage. In sum, although the authors believe that no exam guide can substitute for a firm grasp of substantive material, readers who devote the necessary time to learning the law will find this book an invaluable guide to translating learning into better exam performance. “This book should revolutionize the ordeal of studying for law school exams… Its clear, insightful, fun to read, and right on the money.” — Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School “Finally a study aid that takes legal theory seriously… Students who master these lessons will surely write better exams. More importantly, they will also learn to be better lawyers.” — Steven L. Winter, Brooklyn Law School “If you can't spot a 'fork in the law' or a 'fork in the facts' in an exam hypothetical, get this book. If you don’t know how to play 'Czar of the Universe' on law school exams (or why), get this book. And if you do want to learn how to think like a lawyer—a good one—get this book. It's, quite simply, stone cold brilliant.” — Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website) Attend a Getting to Maybe seminar! Click here for more information.



International Labour Review

International Labour Review Author
ISBN-10 UCSD:31822037361482
Release 2007
Pages
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International Labour Review has been writing in one form or another for most of life. You can find so many inspiration from International Labour Review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full International Labour Review book for free.



Precarious Work Women and the New Economy

Precarious Work  Women and the New Economy Author Judy Fudge
ISBN-10 1841136158
Release 2006
Pages 401
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Offering a collection of essays on labour law and women's work, this text explores the relationship between precarious work and gender, evaluating the extent to which the growth and spread of precarious work challenges traditional norms of labour law and conventional forms of legal regulation.



EU Intervention in Domestic Labour Law

EU Intervention in Domestic Labour Law Author Phil Syrpis
ISBN-10 0199277206
Release 2007-05-31
Pages 200
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This monograph explores the case for European Union intervention in domestic labour law. It sets out the various arguments which can be made for EU intervention, and goes on to consider the different ways in which the EU has intervened, exploring the implications of the shifts in policy-making technique. It provides a framework to enable the reader to think about the role the EU does, and should, play in this field.



The European Social Model

The European Social Model Author Nick Adnett
ISBN-10 STANFORD:36105114148393
Release 2005
Pages 244
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'This is an excellent book that I will definitely use for teaching. Adnett and Hardy provide an optimistic assessment of the potential development of a European Social Model in the face of increasing diversity. Drawing on political, legal and economic frameworks they argue that future regulation is likely to rely on soft law and social dialogue; an argument that is likely to stimulate considerable debate.' - Jacqueline O'Reilly, Labour Market Policy and Employment Research Unit, Social Science Research Center Berlin (WZB), Germany This timely book explores the development of the European Social Model and questions whether the relatively high level of social protection provided, both in terms of social welfare provision and in the creation of workers' rights and employment regulation, is sustainable.



The Comprehensive Guide to International Law

The Comprehensive Guide to International Law Author Marc Cogen
ISBN-10 STANFORD:36105134522296
Release 2008
Pages 534
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The Comprehensive Guide to International Law has been writing in one form or another for most of life. You can find so many inspiration from The Comprehensive Guide to International Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Comprehensive Guide to International Law book for free.



Latin American Identities After 1980

Latin American Identities After 1980 Author Gordana Yovanovich
ISBN-10 UOM:39076002879596
Release 2010-04-23
Pages 316
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Latin American Identities After 1980 takes an interdisciplinary approach to Latin American social and cultural identities. With broad regional coverage, and an emphasis on Canadian perspectives, it focuses on Latin American contact with other cultures and nations. Its sound scholarship combines evidence-based case studies with the Latin American tradition of the essay, particularly in areas where the discourse of the establishment does not match political, social, and cultural realities and where it is difficult to uncover the purposely covert. This study of the cultural and social Latin America begins with an interpretation of the new Pax Americana, designed in the 1980s by the North in agreement with the Southern elites. As the agreement ties the hands of national governments and establishes new regional and global strategies, a pan–Latin American identity is emphasized over individual national identities. The multi-faceted impacts and effects of globalization in Bolivia, Ecuador, Mexico, Cuba, Brazil, Chile, Argentina, and the Caribbean are examined, with an emphasis on social change, the transnationalization and commodification of Latin American and Caribbean arts and the adaptation of cultural identities in a globalized context as understood by Latin American authors writing from transnational perspectives.



Ethics Codes Corporations and the Challenge of Globalization

Ethics Codes  Corporations  and the Challenge of Globalization Author Wesley Cragg
ISBN-10 1845421027
Release 2005
Pages 396
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'This is a book which will have wide appeal, not just to business ethicists, but to politicians, members of non-governmental organisations, historians, economists, the general public and, of course, company directors. . . the case studies in this book are enormously informative and fascinating. . . on finishing this book I found that Cragg's optimism had inflected my own pessimism. I also found the book so much more interesting than I expected it to be, to the extent that some of the papers were positively gripping.' - Rachel Browne, Philosophy for Business Globalization has altered in significant ways the tools available to regulate international commerce. One result is the emergence of ethics codes, codes of responsible conduct, and best practice codes designed to win adherence to internationally acceptable norms of conduct on the part of corporations and other organizations interacting in the global marketplace. This volume looks at these developments with particular focus on five topic areas: respect for human rights, treatment of labor, bribery and corruption, environmental protection, and international finance and the control of money laundering.