The Idea Of Labour Law

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The Sources of Labour Law

Author : Tamás Gyulavári
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502045
Total Pages : 608 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Sources of Labour Law by : Tamás Gyulavári

Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

The Idea of Labour Law

Author : Guy Davidov
Publisher : OUP Oxford
ISBN 13 : 0191648078
Total Pages : 456 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Idea of Labour Law by : Guy Davidov

Download or read book The Idea of Labour Law written by Guy Davidov and published by OUP Oxford. This book was released on 2013-01-17 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

The Idea of Labour Law

Author : Guy Davidov
Publisher : OUP Oxford
ISBN 13 : 0191621889
Total Pages : 456 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Idea of Labour Law by : Guy Davidov

Download or read book The Idea of Labour Law written by Guy Davidov and published by OUP Oxford. This book was released on 2011-06-02 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

A Purposive Approach to Labour Law

Author : Guy Davidov
Publisher : Oxford University Press
ISBN 13 : 0198759037
Total Pages : 305 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis A Purposive Approach to Labour Law by : Guy Davidov

Download or read book A Purposive Approach to Labour Law written by Guy Davidov and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.

The Labour Constitution

Author : Ruth Dukes
Publisher :
ISBN 13 : 0199601690
Total Pages : 273 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Labour Constitution by : Ruth Dukes

Download or read book The Labour Constitution written by Ruth Dukes and published by . This book was released on 2014 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as 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, are in fact outdated. 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. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the '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 constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers rights.

Philosophical Foundations of Labour Law

Author : Hugh Collins
Publisher : Philosophical Foundations of L
ISBN 13 : 0198825277
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Philosophical Foundations of Labour Law by : Hugh Collins

Download or read book Philosophical Foundations of Labour Law written by Hugh Collins and published by Philosophical Foundations of L. This book was released on 2019-02-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

The Labour Constitution

Author : Ruth Dukes
Publisher : OUP Oxford
ISBN 13 : 0191038598
Total Pages : 250 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Labour Constitution by : Ruth Dukes

Download or read book The Labour Constitution written by Ruth Dukes and published by OUP Oxford. This book was released on 2014-10-16 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as 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, are in fact outdated. 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. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the '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 constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.

Labour Legislation and Public Policy

Author : Paul Lyndon Davies
Publisher :
ISBN 13 : 9781383032840
Total Pages : 0 pages
Book Rating : 4.0/5 (328 download)

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Book Synopsis Labour Legislation and Public Policy by : Paul Lyndon Davies

Download or read book Labour Legislation and Public Policy written by Paul Lyndon Davies and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors guide the reader through four and a half decades of legislative activity from the post-war era to the end of Margaret Thatcher's office, examining the economic, political, and social forces which influenced the evolution of labour law and policy in the UK.

The Capability Approach to Labour Law

Author : Brian Langille
Publisher : Oxford University Press
ISBN 13 : 0192573098
Total Pages : 368 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Capability Approach to Labour Law by : Brian Langille

Download or read book The Capability Approach to Labour Law written by Brian Langille and published by Oxford University Press. This book was released on 2019-04-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

Labour Law, Vulnerability and the Regulation of Precarious Work

Author : Lisa Rodgers
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715751
Total Pages : 264 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Labour Law, Vulnerability and the Regulation of Precarious Work by : Lisa Rodgers

Download or read book Labour Law, Vulnerability and the Regulation of Precarious Work written by Lisa Rodgers and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book’s logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as ‘vulnerable subjects’ in all their complexity in order to better inform labour law policy and practice more generally. Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.

Labour Law and Labour Market Regulation

Author : Christopher Arup
Publisher :
ISBN 13 : 9781862876118
Total Pages : 752 pages
Book Rating : 4.8/5 (761 download)

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Book Synopsis Labour Law and Labour Market Regulation by : Christopher Arup

Download or read book Labour Law and Labour Market Regulation written by Christopher Arup and published by . This book was released on 2006 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional boundaries of labour law are becoming outmoded in a modern world in which active labour market participants vastly outnumber "employees", and the world of work extends way beyond the workplace gate. There is convergence with labour market regulation. The contract of employment remains central but is no longer the sole object of study Labour Law and Labour Market Regulation is a state of the art presentation of the latest Australian scholarship and research surrounding this seismic change. Its 38 chapters reflect the dramatically different industrial, social, political and legislative contexts in which the law now operates and the intellectual revolution this is generating. The latest theoretical thinking and empirical findings are gathered together in four parts: the varying purposes of regulation; the different institutions and technologies of regulation; the active role regulation plays in constituting labour markets; and, the regulation of the processes by which employment rights and obligations are determined. Individual chapters contain studies of regulation within prescriptive government schemes, contract networks, specialist labour markets, the intersection between work and family, enterprise policies and practices, and the courts and tribunals. For academics, the book provides much material to enliven and diversify their courses. It advocates fresh intellectual approaches which take account of international scholarship and, while mindful of the latest legislative changes, it adopts a long-range, multi-locational and pluralist view of Australian labour law. For practitioners, the book provides insights into areas that are,as arbitration declines, becoming increasingly important to their clients' interests. The most recent legislation and jurisprudence is discussed in many chapters including discrimination, dismissals, health and safety, immigration, social security, franchise, volunteer and contract law.

The Legal Construction of Personal Work Relations

Author : Mark Freedland FBA
Publisher : Oxford University Press
ISBN 13 : 0199551758
Total Pages : 501 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Legal Construction of Personal Work Relations by : Mark Freedland FBA

Download or read book The Legal Construction of Personal Work Relations written by Mark Freedland FBA and published by Oxford University Press. This book was released on 2011-12-15 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

A Purposive Approach to Labour Law

Author : Guy Davidov
Publisher : Oxford University Press
ISBN 13 : 0191076856
Total Pages : 305 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis A Purposive Approach to Labour Law by : Guy Davidov

Download or read book A Purposive Approach to Labour Law written by Guy Davidov and published by Oxford University Press. This book was released on 2016-05-05 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

The Law of the Labour Market

Author : Simon F. Deakin
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198152811
Total Pages : 380 pages
Book Rating : 4.1/5 (528 download)

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Book Synopsis The Law of the Labour Market by : Simon F. Deakin

Download or read book The Law of the Labour Market written by Simon F. Deakin and published by Oxford University Press on Demand. This book was released on 2005 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a 'labour market' in industrial societies implies not just greater competition and increased mobility of economic resources, but also the specific form of the work relationship which is described by the idea of wage labour and its legal expression, the contract of employment.This book examines the evolution of the contract of employment in Britain through a close investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state are shownto have decisively shaped the evolutionary path of British labour and social security law. In particular, the authors argue that nature of the legal transition which accompanied industrialization in Britain cannot be adequately captured by the conventional idea of a movement from status to contract. What emerged from the industrial revolution was not a general model of the contract ofemployment, but rather a hierarchical conception of service, which originated in the Master and Servant Acts and was slowly assimilated into the common law. It was only as a result of the growing influence of collective bargaining and social legislation, and with the spread of large-scaleenterprises and of bureaucratic forms of organization, that the modern term 'employee' began to be applied to all wage and salary earners. The concept of the contract of employment which is familiar to modern labour lawyers is thus a much more recent phenomenon than has been widely supposed. Thishas important implications for conceptualizations of the modern labour market, and for the way in which current proposals to move 'beyond' the employment model, in the face of intensifying technological and institutional change, should be addressed.

Boundaries and Frontiers of Labour Law

Author : Guy Davidov
Publisher : Bloomsbury Publishing
ISBN 13 : 184731287X
Total Pages : 438 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Boundaries and Frontiers of Labour Law by : Guy Davidov

Download or read book Boundaries and Frontiers of Labour Law written by Guy Davidov and published by Bloomsbury Publishing. This book was released on 2006-11-06 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.

The Evolving Project of Labour Law

Author : John Howe
Publisher :
ISBN 13 : 9781760021313
Total Pages : 336 pages
Book Rating : 4.0/5 (213 download)

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Book Synopsis The Evolving Project of Labour Law by : John Howe

Download or read book The Evolving Project of Labour Law written by John Howe and published by . This book was released on 2017-05 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection draws together contributions from leading Australian and international labour law scholars, based on papers delivered at a conference to mark the 21st birthday of the Centre for Employment and Labour Relations Law at the University of Melbourne. Collectively, the contributions provide an account and exploration of labour law scholarship's evolution over the last two decades, and its future trajectory. They explore a number of enduring and emerging themes in labour law, including:The Foundations of Labour Law ScholarshipFrom Labour Law to Labour Market RegulationLabour Law, Equality and Human RightsEffectiveness and Enforcement in Labour LawSidestepping the Law Through Legal StructuresInternational and Comparative Labour Law PerspectivesThe Future of Work and Labour LawThe book offers conclusions about the progress that labour law scholarship has made in facing fundamental changes in the organisation of capital, work and labour markets, as well as suggesting ideas for how labour law might continue to evolve to meet new challenges.

International Labour Organization and Global Social Governance

Author : Tarja Halonen
Publisher : Springer Nature
ISBN 13 : 3030554007
Total Pages : 151 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis International Labour Organization and Global Social Governance by : Tarja Halonen

Download or read book International Labour Organization and Global Social Governance written by Tarja Halonen and published by Springer Nature. This book was released on 2020-10-16 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UN ́s oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers’ rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO’s second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania. Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.