Labour Law Or Social Competition Law

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From Labour Law to Social Competition Law?

Author : Marc Rigaux
Publisher :
ISBN 13 : 9781780682211
Total Pages : 0 pages
Book Rating : 4.6/5 (822 download)

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Book Synopsis From Labour Law to Social Competition Law? by : Marc Rigaux

Download or read book From Labour Law to Social Competition Law? written by Marc Rigaux and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It may seem dangerous to express oneself on the future of labour law, since it is widely considered to be in crisis by scholars of the field. There is no doubt that anyone attempting to predict the probable developments by presenting hypotheses regarding these developments runs the risk of making errors. Especially the impossibility to guarantee the relevancy of the chosen parameters and a correct evaluation of the nature of their relations could lead to erroneous predictions. The same applies when one has the ambition to pronounce oneself on the future of institutions, structures or procedures laid down in and protected by law. The objective of this book is threefold. First of all, it draws attention to a number of phenomena and processes both within and outside the law that affect the protective mechanisms and essential functions of labour law. Secondly, the authors want to point out their main causes and principal consequences. Finally, the book reflects the remedies proposed by the authors to preserve the essential task of labour law. Those objectives are achieved by developing the following four themes: the existential relation between labour law, the labour market and social competition; the historical tie between labour law and human dignity; the relationship between labour law, market law and (social) competition law; and finally the risk of a renewed contestation of the dignity of working people. The aim of this book is to provide intellectually challenging ideas for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.--Back cover.

Labour Law Or Social Competition Law?

Author : Marc Rigaux
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Labour Law Or Social Competition Law? by : Marc Rigaux

Download or read book Labour Law Or Social Competition Law? written by Marc Rigaux and published by . This book was released on 2009 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this work, author Marc Rigaux uncovers the parameters that European labor legislators used in the development of labor protection. He formulates a number of theses that allow him to establish a theory of labor law. The themes dealt with fit into an overall vision on labor in its relation with capital as dealt with in law. In this concept, labor law is seen as a field of tension between an economically imposed, mainly free labor market on the one hand and citizenship ensuing from the political order as the ultimate justification of the correction of the market on the other. The steps taken by the labor and social legislator do indeed hover between those two poles. Even though the legislator does not want to (and is not able to?) question the principle of the free labor market, he does give shape to a person's fundamental right to have a decent life within the domain of labor relations and social relations. Through the study of labor law as a synthesis of citizenship and social competition, the fundamental relationship between the economic and political order is examined. The protection offered by labor law is pressed between citizenship and the social competition imposed by the economic order. The labor legislator invokes the political legitimacy (of the sovereign nation) to adjust the economic power and economic order.

Collective Bargaining for Self-Employed Workers in Europe

Author : Bernd Waas
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523743
Total Pages : 480 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Collective Bargaining for Self-Employed Workers in Europe by : Bernd Waas

Download or read book Collective Bargaining for Self-Employed Workers in Europe written by Bernd Waas and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.

The Cambridge Handbook of Labor in Competition Law

Author : Sanjukta Paul
Publisher : Cambridge University Press
ISBN 13 : 110890503X
Total Pages : 943 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Cambridge Handbook of Labor in Competition Law by : Sanjukta Paul

Download or read book The Cambridge Handbook of Labor in Competition Law written by Sanjukta Paul and published by Cambridge University Press. This book was released on 2022-05-26 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: As scholars and policymakers around the world seek a systematic approach to the question of 'gig work,' one of its regulatory dimensions – the intersection of labor and competition law – points toward a deeper reconceptualization of the conventional legal and economic categories typically brought to bear upon it. A comparative approach to the question of gig work further reveals the variety and contingency of background assumptions that are often overlooked in the context of domestic policy debates. By combining a detailed comparative doctrinal survey of the regulation of non-employee workers in domestic competition law systems with a set of essays reframing the underlying questions raised – in terms of international legal frameworks, freedom of association norms, alternative approaches to law and economics, and more – The Cambridge Handbook of Labor in Competition Law moves the debates over the fissured workplace and the labor – competition law intersection forward in novel ways.

EU Collective Labour Law

Author : ter Haar, Beryl
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116399
Total Pages : 488 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis EU Collective Labour Law by : ter Haar, Beryl

Download or read book EU Collective Labour Law written by ter Haar, Beryl and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.

Collective Labour Rights for Self-Employed Workers

Author : Charalampos Stylogiannis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506873
Total Pages : 305 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Collective Labour Rights for Self-Employed Workers by : Charalampos Stylogiannis

Download or read book Collective Labour Rights for Self-Employed Workers written by Charalampos Stylogiannis and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards collective labour rights can bridge this protection gap. Such an approach identifies workers, regardless of their employment status, as rights-holders that are entitled to rights, like the right to collective bargaining, derived from international human rights and labour rights instruments. Fully describing the phenomenon of platform work as well as presenting a detailed global overview of responses related to the challenges stemming from platform work arrangements, the research, inter alia, covers aspects, such as the following: problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends; platform work’s deeper foundational implications for labour law; legal developments related to the regulation of platform work with an assessment of their limits when it comes to collective labour rights, also recognised as human rights; various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and promising indications of closer cooperation between organised labour and workers in non-standard forms of employment. The analysis draws on international human rights and labour rights treaties and conventions, domestic legislation and regulations, rulings from international and national courts, and interpretative and authoritative sources including the relevant legal literature. The book manifests and responds to a genuine need for in-depth research with respect to the protection of the human rights of platform workers with an analytical framework that will ensure their adequate protection. Its crucial observations will be welcomed by practitioners in labour law, human rights law, and competition law, as well as by academics, human resources professionals, and labour and employment policymakers.

Labour Law in an Era of Globalization

Author : Joanne Conaghan
Publisher :
ISBN 13 : 9780199271818
Total Pages : 580 pages
Book Rating : 4.2/5 (718 download)

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Book Synopsis Labour Law in an Era of Globalization by : Joanne Conaghan

Download or read book Labour Law in an Era of Globalization written by Joanne Conaghan and published by . This book was released on 2004 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout the industrial world, the discipline of labor 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 labor 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. These essays--which are the product of a transnational comparative dialog among academics and practitioners in labor law and related legal fields, including social security, immigration, trade, and development--identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.

Work, Law and Social Linkages

Author : Alain Supiot
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Work, Law and Social Linkages by : Alain Supiot

Download or read book Work, Law and Social Linkages written by Alain Supiot and published by . This book was released on 2000 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Voices at Work

Author : Alan Bogg
Publisher : OUP Oxford
ISBN 13 : 0191505668
Total Pages : 704 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Voices at Work by : Alan Bogg

Download or read book Voices at Work written by Alan Bogg and published by OUP Oxford. This book was released on 2014-04-03 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.

Social Rights and Market Freedom in the European Constitution

Author : Stefano Giubboni
Publisher : Cambridge University Press
ISBN 13 : 1139447785
Total Pages : 266 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Social Rights and Market Freedom in the European Constitution by : Stefano Giubboni

Download or read book Social Rights and Market Freedom in the European Constitution written by Stefano Giubboni and published by Cambridge University Press. This book was released on 2006-01-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

Social Responsibility in Labour Relations

Author : Frans Pennings
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127836
Total Pages : 578 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Social Responsibility in Labour Relations by : Frans Pennings

Download or read book Social Responsibility in Labour Relations written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayands EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerands protection and, more generally, to traditional concepts of labour law.

Labour Law in the Netherlands

Author : A. T. J. M. Jacobs
Publisher :
ISBN 13 : 9789041158932
Total Pages : 0 pages
Book Rating : 4.1/5 (589 download)

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Book Synopsis Labour Law in the Netherlands by : A. T. J. M. Jacobs

Download or read book Labour Law in the Netherlands written by A. T. J. M. Jacobs and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was originally published as a monograph in the International encyclopaedia of laws/Labour law and industrial relations."

Employment and Labour Relations Law in the Premier League, NBA and International Rugby Union

Author : Leanne O'Leary
Publisher : Springer
ISBN 13 : 9462651590
Total Pages : 333 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Employment and Labour Relations Law in the Premier League, NBA and International Rugby Union by : Leanne O'Leary

Download or read book Employment and Labour Relations Law in the Premier League, NBA and International Rugby Union written by Leanne O'Leary and published by Springer. This book was released on 2017-01-28 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the employment arrangements of professional athletes in the Premier League football competition, the National Basketball Association competition and rugby union played at an international level. It describes the organisation and regulatory frameworks of these three professional team sports and highlights the legal, economic and regulatory factors that influence the final form of an athlete’s working conditions. It provides a comparative analysis between the sports on issues such as the role of collective bargaining, wage regulation, salary caps, nationality restrictions, eligibility, player movement and the acquisition of a player’s intellectual property. It discusses the approaches adopted in each sport for balancing the interests of labour and management, the problem of controlling private regulatory power in professional sport, and considers the extent to which legal or government intervention is required in an athlete’s employment relationship. National law can assist players in a domestic league to secure an involvement in the determination of working conditions but it has a more limited effect in a competition organised by an international governing body. This book argues that social regulation through soft law processes at an international level may benefit athletes, consumers and sport globally. It provides a useful case example for comparison with the organisation of other professional team sports in Europe, North America and Australasia. This book is important reading for scholars and practitioners in the fields of international sports law, employment law, competition law, European law and human rights law. It is also highly recommended for students at undergraduate and postgraduate levels taking modules and courses in Sports Law or Sports Business Management. Dr. Leanne O’Leary is a dual-qualified solicitor, Senior Lecturer in Law and member of the Centre for Sports Law Research at Edge Hill University in the United Kingdom. This book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy and Dr. Antoine Duval.

Social and Labour Rights in a Global Context

Author : Bob Hepple
Publisher : Cambridge University Press
ISBN 13 : 9780521818810
Total Pages : 312 pages
Book Rating : 4.8/5 (188 download)

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Book Synopsis Social and Labour Rights in a Global Context by : Bob Hepple

Download or read book Social and Labour Rights in a Global Context written by Bob Hepple and published by Cambridge University Press. This book was released on 2002-08-29 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The active pursuit of social and labour rights is seen as a crucial response to globalization. These essays, written by leading scholars from the UK, Ireland, France, Germany, Italy, Japan and the USA, question the effectiveness of the rhetoric of rights such as those to decent work and security, equal opportunity, adequate food and housing, and healthcare. The authors examine emerging approaches in several European countries, Japan, and the USA and in codes of practice of multinational companies. Attempts by the International Labour Organization to promote core rights and decent work, and techniques of enforcement at regional level by the EU and NAFTA receive special attention.

Posting of Workers in EU Law

Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528648
Total Pages : 547 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Posting of Workers in EU Law by : Matteo Bottero

Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

Labour Laws and Global Trade

Author : B. A. Hepple
Publisher : Hart Publishing
ISBN 13 : 1841131601
Total Pages : 327 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Labour Laws and Global Trade by : B. A. Hepple

Download or read book Labour Laws and Global Trade written by B. A. Hepple and published by Hart Publishing. This book was released on 2005-03-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.

Juridification of Social Spheres

Author : Gunther Teubner
Publisher : Walter de Gruyter
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis Juridification of Social Spheres by : Gunther Teubner

Download or read book Juridification of Social Spheres written by Gunther Teubner and published by Walter de Gruyter. This book was released on 1987 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Juridification of Social Spheres".