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The editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours
FORMATPaperback LANGUAGEEnglish CONDITIONBrand New Publisher Description
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 law's 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 law's 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 'social justice' 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 book s eye-opening examination of labour governance in the contemporary economy.Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusán, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. López López, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M. Thouvenin, A. Trebilcock, R. Zimmer
Author Biography
Edited by Adelle Blackett, Professor of Law, Canada Research Chair in Transnational Labour Law and Development and Director of the Labour Law and Development Research Laboratory, McGill University, Canada and Anne Trebilcock, University of Göttingen (Institut für Arbeitsrecht), Germany and former Legal Adviser of the International Labour Organization
Table of Contents
Contents:PrefacePART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW1. Conceptualizing Transnational Labour LawAdelle Blackett and Anne TrebilcockPART II TRANSNATIONAL LABOUR LAW AS LAWA Transnational Labour Law's Methods2. Global Organizing and Domestic ConstraintsAshwini Sukthankar3. Corporate Governance Structures and Practices: From Ordeal to Opportunities and Challenges for Transnational Labour LawIsabelle Martin4. A 'Dialogic' Approach In PerspectiveLaurence Boisson De Chazournes5. International Labour Indicators: Conceptual and Normative SnaresMark Barenberg6. Due Diligence on Labour Issues – Opportunities and Limits of the UN Guiding Principles on Business and Human RightsAnne TrebilcockB Challenging Austerity, Facing Development: The North-South Challenge to Transnational Labour Law7. Structural Adjustment, Economic Governance and Social Policy in a Regional Context: The Case of the Eurozone CrisisZoe Adams and Simon Deakin8. International Financial Institutions' Approaches to Labour Law: The Case of the International Monetary FundFranz Christian Ebert9. Racism and the Regulation of Migrant LabourAdrian A. Smith10. China's Challenge to Labour Law in both the Global North and the Global SouthSean Cooney11. Anti-Austerity Activism Strategies: Combining Protest and Litigation in SpainJulia López LópezPART III TRANSNATIONAL LABOUR LAW AS LABOUR LAWA Freedom of Association in the Specificity of Labour Law12. Pushback on the Right to Strike: Resisting the Thickening of Soft LawJanice R. Bellace13. The Right to Take Collective Action: Prospects for Change in European Court of Justice Case Law in Light of European Court of Human Rights DecisionsReingard Zimmer14. Freedom of Association in Deliberative Spaces: The ILO Credentials CommitteeFaina Milman-Sivan15. Freedom Of Association In International Framework AgreementsRenée-Claude Drouin16. Transnational Labour Law and Collective Autonomy for Marginalized Workers: Reflections on Decent Work for Domestic WorkersAdelle BlackettB On Human Rights and Equality: Does Transnational Labour Law Provide Spaces and Vehicles to Challenge Domestic Labour Law's Exclusions?17. Inclusive Equality and New Approaches to Discrimination in Transnational Labour LawColleen Sheppard18. Working Together TransnationallyCynthia Estlund19. Can Human Rights Based Labour Policy Improve the Labour Rights Situation in Developing Countries? A Look at Mexico and the Countries of Central AmericaGraciela Bensusán20. Constitutionalising Labour in the Inter-American System on Human RightsRose-Marie Belle AntoineC Emerging Roles for the ILO as an Actor in Transnational Labour Law21. ILO Normative Action In Its Second Century: Escaping The Double Bind?Francis Maupain22. The ILO's Supervisory Bodies' 'Soft Law Jurisprudence'Claire La Hovary23. Pluralism and Privatization in Transnational Labour Regulation: Experience of the International Labour OrganizationJanelle M. Diller24. Emergent Maritime Labour Law: Possible Implications for other Transnational Labour FieldsAimée Asante and Ben ChigaraPART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONALA Thickening Soft Law? 'Privatising' or Infusing Transnational Labour Law with Public International Law Norms?25. Transnational Private Labour Regulation, Consumer-Citizenship and the Consumer ImaginaryKevin Kolben26. Thickening Soft Law Through Consumocratic Law: A Pragmatic ApproachP. Martin Dumas27. Diffusion and Leveraging of Transnational Labour Norms by the OECDJean-Marc Thouvenin28. The Use of Arbitration to Decide International Labour IssuesKathleen ClaussenB Beyond WTO Linkage: Emerging Directions and Social Regionalism29. What The World Trade Organization Learned From The International Labour OrganizationSteve Charnovitz30. Harnessing the Governance Capacity of the European Union: Transnational Labour Law Responses to the Exploitation of Migrant Agricultural WorkersJo Hunt31. Private International Law Rules for Transnational Employment: Reflections from the European UnionAukje Van Hoek32. Social Regionalism in the Southern Africa Development Community: The International, Regional and National Interplay of Labour Alternative Dispute Resolution MechanismsPamhidai H. Bamu and Rutendo Mudarikwa33. Labour Rights and Trade Agreements in the AmericasPaula Church Albertson and Lance CompaC The Transnational Challenge to the Regulation of Labour as a Factor of Production: on Commodification34. Trading in Services – Commodities and BeneficiariesTonia Novitz35. The Curious Incident of the ILO, Myanmar and Forced LabourBrian Langille36. The Implications of Preparatory Works for the Debate Regarding Slavery, Servitude and Forced LabourJean Allain37. Child Labour and Fragile States in Sub-Saharan Africa: Reflections on Regional and International ResponsesAristide Nononsi38. A Transnational Law of Just Transitions for Climate Change and LabourDavid J. DooreyIndex
Review
'The chapters in this thoroughly useful reference book on current developments and challenges in TLL provide very thoughtful, up-to-date and "to the point" commentary and insights.' -- Alan Boulton, Monash University and Fair Work Commission, Australia'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.' -- Sir Bob Hepple QC FBA, University of Cambridge, UK
Review Quote
'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.'
Details ISBN1786437643 Author Anne Trebilcock Pages 608 Publisher Edward Elgar Publishing Ltd ISBN-10 1786437643 ISBN-13 9781786437648 Publication Date 2016-12-30 Language English Year 2016 Format Paperback DEWEY 344.01 Imprint Edward Elgar Publishing Ltd Place of Publication Cheltenham Country of Publication United Kingdom AU Release Date 2016-12-30 NZ Release Date 2016-12-30 UK Release Date 2016-12-30 Series Research Handbooks in International Law series Edited by Anne Trebilcock Audience Postgraduate, Research & Scholarly We've got this
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