Multinational Enterprises and the Social Challenges of the XXIst Century:The ILO Declaration on Fundamental Principles at Work Public and Private Corporate Codes of Conduct

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 406 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Multinational Enterprises and the Social Challenges of the XXIst Century:The ILO Declaration on Fundamental Principles at Work Public and Private Corporate Codes of Conduct by : Roger Blanpain

Download or read book Multinational Enterprises and the Social Challenges of the XXIst Century:The ILO Declaration on Fundamental Principles at Work Public and Private Corporate Codes of Conduct written by Roger Blanpain and published by Springer. This book was released on 2000 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a record of an international conference about multinational enterprises held in 1999. It publishes the reports presented by the various delegates, and also includes the ILO Declaration on Fundamental Principles and Rights at Work (1998) and its follow-up

Regulating Transnational Corporations in Domestic and International Regimes

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Publisher : University of Toronto Press
ISBN 13 : 0802099408
Total Pages : 425 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Regulating Transnational Corporations in Domestic and International Regimes by : Evaristus Oshionebo

Download or read book Regulating Transnational Corporations in Domestic and International Regimes written by Evaristus Oshionebo and published by University of Toronto Press. This book was released on 2009-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study explores the range of strategies for regulating the social and environmental practices of TNCs in Africa's extractive industries.

International Labor Standards

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Publisher : Stanford University Press
ISBN 13 : 9780804746908
Total Pages : 302 pages
Book Rating : 4.7/5 (469 download)

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Book Synopsis International Labor Standards by : Robert J. Flanagan

Download or read book International Labor Standards written by Robert J. Flanagan and published by Stanford University Press. This book was released on 2003 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the most thorough empirical assessment to date of the impact of international regulation on labor standards and conditions, and critically analyzes the common race-to-the-bottom view that globalization and international competition can only further degrade labor standards.

Governance and Democracy

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Publisher : Routledge
ISBN 13 : 113422978X
Total Pages : 316 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis Governance and Democracy by : Arthur Benz

Download or read book Governance and Democracy written by Arthur Benz and published by Routledge. This book was released on 2006-04-18 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, this new collection brings together country specialists, researchers on the European Union, and leading international relations scholars to tackle a crucial question: how compatible are today’s new patterns of ‘policy networks’ and ‘multi-level’ governance with democratic standards? This important question is attracting attention both in political science and in political practices. In political science, the question is mainly dealt with in separated sub-disciplines, which focus on different levels of politics. So far, no serious exchange has actually taken place between authors working on these different levels. The editors of this book – both specialists of network and multi-level governance – show that although the issue is raised differently in the institutional settings of the national state, the European Union, or transnational governance, excellent insights can be gained by comparison across these settings. This major new contribution includes cutting edge work from junior scholars alongside chapters by leading specialists of governance such as Guy Peters, Jon Pierre, Philippe C. Schmitter and Thomas Risse. It also contains a collection of new case studies, theoretical conceptualisations and normative proposals for solutions dealing with the issue of democratic deficits, which all give the reader a better understanding of the most crucial problems and perspectives of democracy in different patterns of "governance" beyond conventional ‘government’ approaches. This is a valuable book for policy analysts, students of the European Union and international relations, and all students in social and political science.

Regulating Multinationals in Developing Countries

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Publisher : Routledge
ISBN 13 : 1317068769
Total Pages : 395 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Regulating Multinationals in Developing Countries by : Edwin Mujih

Download or read book Regulating Multinationals in Developing Countries written by Edwin Mujih and published by Routledge. This book was released on 2016-04-08 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edwin Mujih explores the difficulties associated with regulating multinational companies operating in developing countries, with a particular focus on extractive industries. The author highlights the need to establish an international legally binding framework to ensure that multinationals operate in a socially responsible manner to protect local communities and the environment. Edwin Mujih’s analysis reveals that the existing mechanisms for controlling the behaviour of huge multinational entities are of normative force only, that these are particularly inadequate, and that the notion of corporate social responsibility is only meaningful where behaviour can be legally regulated. Regulating Multinationals in Developing Countries features a study of the Chad and Cameroon Oil and pipeline project, which highlights the problems arising in countries that have neither the capacity nor the will to effectively regulate those operating within their borders. The author has evaluated compliance by the parties with their social and environmental obligations. He has found that, despite controversy surrounding inadequate regulation of this project in its incipient stages, the system that was put in place following huge opposition from the affected communities and from NGOs is worthy of attention and could stand as a model for similar projects elsewhere. This first title in Gower's Corporate Social Responsibility Series to approach CSR from a legal perspective provides insight not just into the complexity surrounding efforts to regulate multinationals operating in countries with weak regulatory regimes, but also into the fundamental nature of multinational corporations and the debate about different notions of CSR itself.

International Poverty Law

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Publisher : Zed Books Ltd.
ISBN 13 : 1848137109
Total Pages : 230 pages
Book Rating : 4.8/5 (481 download)

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Book Synopsis International Poverty Law by : Lucy Williams

Download or read book International Poverty Law written by Lucy Williams and published by Zed Books Ltd.. This book was released on 2013-07-04 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to advance the emerging field of international poverty law. While law and development discourse has dealt with international poverty, advocates of poverty reduction customarily operate within a nation-state context. The contributors to this volume, while largely, although not exclusively, relying on human rights discourse and United Nations, International Labour Organization and World Trade Organization initiatives as their primary legal sources, begin to position international poverty law as a legitimate field for transnational, multidisciplinary legal research and dialogue. While critiquing both legal theory and current policy, they nevertheless open up a constructive prospect of specific arenas in which the development of international poverty law can contribute to addressing poverty reduction. The opening chapters of this volume provide a framework within which to position the future theoretical development of international poverty law. The rest of the book explores specific human rights initiatives that address particular aspects of poverty. These include an overview of human rights conventions and how they can be connected to international poverty law; measures required to counter the tendency of intellectual property law as applied to biological products and processes to undermine food security; the right to food as framed in United Nations development documents; the potential role that voluntary codes of conduct currently being adopted by some transnational corporations might play in poverty reduction; and the startlingly important development in the new South Africa of an alternative vision of constitutional law that takes account of international human rights instruments in moving towards rendering social and economic rights justifiable.

Social Protection Globalised

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Publisher : Leuven University Press
ISBN 13 : 9789058674463
Total Pages : 212 pages
Book Rating : 4.6/5 (744 download)

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Book Synopsis Social Protection Globalised by : Jos Berghman

Download or read book Social Protection Globalised written by Jos Berghman and published by Leuven University Press. This book was released on 2005 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to the growing amount of literature that is concerned with the relationship between globalisation and social security. The aim of this work is, first, to clarify the impact of the globalisation process on social security systems and, second, to formulate substantive and technical proposals for the adaptation of existing social security schemes to an altered socio-economic context and for the elaboration of international legal instruments aimed at an effective substantive and procedural protection of social security as a fundamental right.The report is divided into three parts. The first part is concerned with the social impact of globalisation and its consequences for social security systems in the high-income economies. The first article of this section considers the nature of globalisation as well as its social impact. It spells out some fundamental challenges facing social security systems. The following article elaborates further on one specific challenge, that is: the need for social security to adapt to the increased territorial mobility of workers.The second part looks at the effects of globalisation on social security in relation to middle- and low-income countries and examines the extent to which existing arrangements in these countries are able to provide adequate income protection to me majority of the population. For the group of middle-income countries, the relevance of globalisation for the privatisation of pension systems is analysed as well as the consequences with respect to their main social functions, i.e. the provision of old-age income security and income redistribution. This is done so through a comparative analysis of Latin American countries that have implemented pension policy reform. The following two articles consider the experience of social security systems in low-income countries. In the first article the impact and challenges of globalisation for existing formal and informal social security arrangements in low-income countries are explored and options are suggested for alternative approaches to social security provision that are better suited to the circumstances of low-income countries. The arguments have been illustrated with evidence from Cote d'Ivoire, a country with a socio-economic situation and social security framework that is typical for the majority of low-income countries. The second article discusses in greater depth the link between informal economic and social security in Sub-Saharan Africa.Finally, the third part calls for a global approach to social security. To this end, the first article in this section outlines a possible strategy for a generalised social protection at the global level based on the human damage theory while the last chapter of this work is concerned with the international legal instruments most appropriate for a better substantive and procedural protection of social security as a basic human right.

Child Labour in a Globalized World

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Publisher : Routledge
ISBN 13 : 1317168003
Total Pages : 557 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Child Labour in a Globalized World by : Luca Nogler

Download or read book Child Labour in a Globalized World written by Luca Nogler and published by Routledge. This book was released on 2016-04-15 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the legal dimension of the ILO's action in the field of Child Labour. The authors investigate the implementation of the relevant legal instruments and assess the effectiveness of the ILO supervisory system. All relevant instruments are considered while particular attention is given to Convention 182 on the elimination of the worst forms of child labour. Child Labour in a Globalized World describes the ILO's activities concerning the eradication of child labour whilst assessing and evaluating the effectiveness of the relevant legal framework and functioning of the supervisory system. This book contextualizes the issue of the eradication of the worst forms of child labour in the recent doctrinal debate on the nature of labour standards and the transformation of the ILO. This important work will be a valuable resource for academics, researchers and policy-makers with an interest in labour law, international law, and children's rights.

Transformations of Work: Challenges for the Institutions and Social Actors

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508949
Total Pages : 386 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Transformations of Work: Challenges for the Institutions and Social Actors by : Giuseppe Casale

Download or read book Transformations of Work: Challenges for the Institutions and Social Actors written by Giuseppe Casale and published by Kluwer Law International B.V.. This book was released on 2019-02-15 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Market volatility and uncertainty have put welfare and social security policies back centre stage and point up the need for closer links with employment policy. The inability of existing income support systems to respond to the increasing fragmentation of people's working careers, the needs of people in difficulty, and the spread of various forms of poverty calls for well-coordinated and efficient responses. This volume highlights the best practices in the various regions of the world in the contexts of international and EU labour law, industrial relations, and social security. Authoritative reports by leading scholars of labour law and social security – originally presented at the twenty-second World Congress of the International Society for Labour and Social Security Law (ISLSSL) held in Turin in September 2018 – cover the following research themes in depth: – informal workers; – migrant workers; – global trade and labour; – organization, productivity, and well-being at work; – transnational collective agreements; – new forms of social security; and – the role of the State and industrial relations. In its insistence that, despite the radical changes in the world of work and business brought about by globalization and digital technologies, the decisions of institutions and public and private actors can lead to a more coherent system of international economic and social governance, this timely volume shows the way forward. Practitioners, policymakers, and scholars in the relevant fields will bene_ t immeasurably from its expert analyses and recommendations.

Challenges of European Employment Relations

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127712
Total Pages : 285 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Challenges of European Employment Relations by : Linda Dickens

Download or read book Challenges of European Employment Relations written by Linda Dickens and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Has European economic and market integration curtailed the autonomy of national industrial relations actors and institutions? Or has it reinforced their roles in securing much-needed economic adjustment? This important book offers a deeply-informed comparative perspective on these questions, drawing on empirical research on changing conditions within and beyond the EU. The book builds on papers presented at the 8th European Regional Congress of the International Industrial Relations Association, held in the UK in September 2007. The authors are leading academic authorities from Austria, Belgium, Canada, Denmark, Germany, The Netherlands, Norway, Spain, and the United Kingdom. With detailed attention to such pervasive factors as the consequences of EU enlargement, the shift from manufacturing to services, changes in the gender composition and demographic profile of the labour force, and the growing influence of multinational companies, the authors address such issues as the following: * response of national employment regulatory traditions to globalization, privatization, outsourcing and budgetary pressures; emergence of new forms of competitive advantage for both employers and employees; impact of EU-mandated information and consultation mechanisms; possibility of international union action and transnational solidarity; 'flexicurity' and the changing demographics of the labour force; gender democracy in trade unions; trade union mergers; statutory minimum conditions as an alternative to collective bargaining; regulation or culture change to promote equality; treatment of posted and migrant workers within increasingly transnational labour markets; growth in variable pay systems; and possible rebirth of vocational training systems and apprenticeships. Offering in-depth comparative insights into the way in which national and international systems of employment relations are evolving rapidly in the face of cross-cutting pressures for change, this book illuminates a vastly complex state of affairs. In practical terms, its many insights into how current trends affect specific working conditions open the way to new initiatives in developing and maintaining a just and equitable employment relations regime for Europe and beyond.

International Labour Standards and Platform Work

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540419
Total Pages : 585 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Labour Standards and Platform Work by : Mathias Wouters

Download or read book International Labour Standards and Platform Work written by Mathias Wouters and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.

Rethinking Corporate Governance

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134506
Total Pages : 394 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Rethinking Corporate Governance by : Roger Blanpain

Download or read book Rethinking Corporate Governance written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now that the economic orthodoxy of 'light-touch' regulation has been widely discredited by recent events in the financial markets, and shareholder-oriented management has come under intense scrutiny, it is time to seriously consider the merits of stakeholder-oriented economies. In this far-reaching symposium on this aspect of comparative labour relations, 35 scholars examine case studies and evolving scenarios in a wide variety of countries, from leading economic powers such as the United States, the United Kingdom, and Germany to post-socialist states such as Poland, Hungary, and Bulgaria to the formidable global economic presences of Brazil, Russia, and India. With contributions from leading experts from all around the world in the fields of labour law, industrial relations, labour economics, labour statistics, human resources management, organization theory and other related subjects, the papers focus on the impact of the global economic crisis and its implications for the future of employment. Specific contexts covered include: ; adversarial versus strategic collective bargaining; transnational collective bargaining; long-term employees as the most valuable corporate stakeholders; workers' voice and participation in the restructuring of undertakings; privatization of state-owned companies; executive pay; investment in vocational training in times of economic crisis; the impact of the EU's Cross-Border Merger Directive; inherent dangers in the EMU one-size-fits-all monetary policy; and cases of large-scale corporate fraud. Of particular interest is the treatment of important developments in Singapore and Nigeria, as well as lessons to be learned from pitfalls encountered in South Africa and other countries. With its theoretical arguments and empirical data, this volume is certainly a major contribution to the debate over whether shareholder or stakeholder approaches to management yield the best results in terms of employment outcomes. As the world economic crisis continues to take its toll on employment, pension funds, public services, and living standards, the book is sure to find a wide audience among policymakers and lawyers worldwide concerned with the future of employment relations and their effect on both productivity and social stability. This volume includes a selection of papers from the Eighth International Conference in commemoration of Marco Biagi held at the Marco Biagi Foundation in Modena, Italy in March 2010.

Work-Life Balance in the Modern Workplace

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186484
Total Pages : 424 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Work-Life Balance in the Modern Workplace by : Sarah De Groo

Download or read book Work-Life Balance in the Modern Workplace written by Sarah De Groo and published by Kluwer Law International B.V.. This book was released on 2017-06-23 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘work-life balance’ refers to the relationship between paid work in all of its various forms and personal life, which includes family but is not limited to it. In addition, gender permeates every aspect of this relationship. This volume brings together a wide range of perspectives from a number of different disciplines, presenting research ndings and their implications for policy at all levels (national, sectoral, enterprise, workplace). Collectively, the contributors seek to close the gap between research and policy with the intent of building a better work-life balance regime for workers across a variety of personal circumstances, needs, and preferences. Among the issues and topics covered are the following: – differences and similarities between men and women and particularly between mothers and fathers in their work choices; – ‘third shift’ work (work at home at night or during weekends); – effect of the extent to which employers perceive management of this process to be a ‘burden’; – employers’ exploitation of the psychological interconnection between masculinity and breadwinning; – organisational culture that is more available for supervisors than for rank and le workers; – weak enforcement mechanisms and token penalties for non-compliance by employers; – trade unions as the best hope for precarious workers to improve work-life balance; – crowd-work (on-demand performance of tasks by persons selected remotely through online platforms from a large pool of potential and generic workers); – an example of how to use work-life balance insights to evaluate the law; – collective self-scheduling; – employers’ duty to accommodate; and – nancial hardship as a serious threat to work-life balance. As it has been shown clearly that work-life con ict is associated with negative health outcomes, exacerbates gender inequalities, and many other concerns, this unusually rich collection of essays will resonate particularly with concerned lawyers and legal academics who ask what work-life balance literature has to offer and how law should respond.

In-Work Poverty in Europe

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403549971
Total Pages : 343 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis In-Work Poverty in Europe by : Luca Ratti

Download or read book In-Work Poverty in Europe written by Luca Ratti and published by Kluwer Law International B.V.. This book was released on 2022-07-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In-work poverty is a reality for too many persons in the European Union (EU). Although everyone is in agreement that poverty must be reduced, rarely is there a specific focus on the plight of those who, despite working, are poor. This important book is the first to unreservedly meet the challenge of defining, measuring, and comparing the legal regimes to combat in-work poverty in Europe, fully attending to the strengths and shortcomings of indicators and allowing the assessment of comparative best practices among the Member States. The distinguished contributors each describe and analyse this complex and multidimensional phenomenon, with its manifold and intertwined causes, in relation to such factors as the following: employment-related factors (wage, type of contract, atypical employment); worker’s socio-demographic characteristics (level of education, gender, age, country of birth); size and composition of household; household work intensity; and institutional factors (childcare, flexible work arrangements, employment protection, housing, technological change). In a major innovation, the book’s methodology approaches the ‘working poor’ by distinctly defining four groups of vulnerable and under-represented persons (VUPs) with detailed statistical information on in-work poverty in each group. Following an in-depth introduction focusing on the definition and ramifications of the concept of in-work poverty – including a discussion of legal scholarship and relevant EU instruments – the situations in seven EU Member States (Belgium, Germany, Italy, Luxembourg, the Netherlands, Poland, and Sweden) are compared, revealing important variations. For each of the VUP groups, these chapters explain their composition at the national level and assess the impact of regulation on the incidence of in-work poverty. The last chapter highlights differences and similarities in an attempt to find patterns and identify common regulatory problems and best practices. The book’s comparative perspective greatly assists in understanding in-work poverty determinants, appraising varieties of relevant national policies, and stimulating the development of effective legal measures. With its close analysis of the limitations of existing measurement indicators, the book sheds light on the role of regulation in the prevalence and persistence of the phenomenon and equips policymakers at the EU and national levels with targeted tools to tackle this severe social problem.

Economic Law in Globalizing Markets

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041121129
Total Pages : 389 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Economic Law in Globalizing Markets by : Karl Matthias Meessen

Download or read book Economic Law in Globalizing Markets written by Karl Matthias Meessen and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many product markets have gone global already. Others are following. The globalization of markets is well understood by business. It has also come to dominate the economic policy agenda of nation states and supranational organizations. They all compete for inward investment to create and preserve employment opportunities. Economic law is one of several parameters in the global competition of systems. This study takes note of that new and additional function of economic law. Part I sets out to examine the making of economic law by states, by business and by international and supranational organizations. Part II discusses some of the main rules of substantive economic law divided into chapters on market law, transactions law and property rights law, and Part III addresses key issues of enforcement by the executive branch, on the one hand, and by the judiciary and arbitral tribunals, on the other. Each of the 32 chapters contains an essay on a current cross-border related problem of economic law, often as reflected in recent case law. Nearly 300 cases are discussed, or at least referred to, in that way. They were selected from international case law and from cases decided by EC, US and German courts (and courts of ten more countries) as well as by ICC, ICSID and other arbitral tribunals. The introductory notes to, and summaries of, the various parts and chapters integrate economic and political theory, and provide the common thread. The overall conclusion is to advocate a transnational approach, problem oriented and cutting right across all layers of sources of law (international, supranational, national and transnational law). It distinguishes neatly between public and private law aspects of economic law but decidedly treats them together. The book is of interest to academia and practitioners, both for references to current problems and for a vue d'ensemble. Advanced students might use the book to understand the logic of today's economic law. In addition to decades of research in international economic law, the author capitalizes on his exposure to a wide array of practical issues as well as on six years of English language teaching in Geneva. STUDIES IN TRANSNATIONAL ECONOMIC LAW 20

New Developments in Employment Discrimination Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041148000
Total Pages : 286 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis New Developments in Employment Discrimination Law by : Oana ?tefan

Download or read book New Developments in Employment Discrimination Law written by Oana ?tefan and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.

American Labor and the Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506555
Total Pages : 160 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis American Labor and the Law by : Matthew W. Finkin

Download or read book American Labor and the Law written by Matthew W. Finkin and published by Kluwer Law International B.V.. This book was released on 2019-01-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States and worldwide, the “labor question” has recrudesced. Old issues have resurged, sometimes in altered guise. New issues have emerged. Both test the twentieth century's solutions. This work explores the arc of labor law in the United States up to the changes that have reordered business and employment at the century's turn – the resurgence of old issues in new dress and the emergence of new issues, of which the deployment of technologies – roboticization and computerization – has been the catalyst. It closes on the issues labor law is facing in the twenty-¬first century, including the imponderable of yet a new need to address the de¬finition of citizenship. The author's thorough coverage of the relevant terrain draws on social and legal history, and also on the current wealth of economic studies across the range of such pressing issues as the following: – wages; – precarity of work; – employee representation; – health and safety; – job discrimination; – employee mobility; – privacy; – job displacement; – anti-retaliation; – wrongful dismissal; – accelerating use of automation, robotization, and computerization; – segmentation and polarization of the labor market; – ¬ ssurization of jobs; – labor segmentation and polarization; – union implosion; and – privatization of law. At a critical moment when the various strands of all these issues are becoming intertwined, this hugely informative book elucidates how labor law stands today in the United States, and by extension in many other countries. This book provides a necessary background for comparative engagement with economic change. Because the developments it deals with are global, this is critical reading for policy makers, academics, students, and an enlightened public to put what is happening in larger historical context as seen from the paradigm neoliberal economy and its legal institutions.