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Research Handbook on Transnational Labour Law

Research Handbook on Transnational Labour Law

Author: Adelle Blackett; Anne Trebilcock
Publisher: Edward Elgar Publishing
ISBN: 9781782549789

Published In: September 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781786437648

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Description
Contents

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The specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives.

Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build bridges, including on migration, climate change and development.

Preface

PART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW

1. Conceptualizing Transnational Labour Law

Adelle Blackett and Anne Trebilcock

PART II TRANSNATIONAL LABOUR LAW AS LAW

A Transnational Labour Law’s Methods

2. Global Organizing and Domestic Constraints

Ashwini Sukthankar

3. Corporate Governance Structures and Practices: From Ordeal to Opportunities and Challenges for Transnational Labour Law

Isabelle Martin

4. A ‘Dialogic’ Approach In Perspective

Laurence Boisson De Chazournes

5. International Labour Indicators: Conceptual and Normative Snares

Mark Barenberg

6. Due Diligence on Labour Issues – Opportunities and Limits of the UN Guiding Principles on Business and Human Rights

Anne Trebilcock

B Challenging Austerity, Facing Development: The North-South Challenge to Transnational Labour Law

7. Structural Adjustment, Economic Governance and Social Policy in a Regional Context: The Case of the Eurozone Crisis

Zoe Adams and Simon Deakin

8. International Financial Institutions’ Approaches to Labour Law: The Case of the International Monetary Fund

Franz Christian Ebert

9. Racism and the Regulation of Migrant Labour

Adrian A. Smith

10. China’s Challenge to Labour Law in both the Global North and the Global South

Sean Cooney

11. Anti-Austerity Activism Strategies: Combining Protest and Litigation in Spain

Julia López López

PART III TRANSNATIONAL LABOUR LAW AS LABOUR LAW

A Freedom of Association in the Specificity of Labour Law

12. Pushback on the Right to Strike: Resisting the Thickening of Soft Law

Janice R. Bellace

13. The Right to Take Collective Action: Prospects for Change in European Court of Justice Case Law in Light of European Court of Human Rights Decisions

Reingard Zimmer

14. Freedom of Association in Deliberative Spaces: The ILO Credentials Committee

Faina Milman-Sivan

15. Freedom Of Association In International Framework Agreements

Renée-Claude Drouin

16. Transnational Labour Law and Collective Autonomy for Marginalized Workers: Reflections on Decent Work for Domestic Workers

Adelle Blackett

B On Human Rights and Equality: Does Transnational Labour Law Provide Spaces and Vehicles to Challenge Domestic Labour Law’s Exclusions?

17. Inclusive Equality and New Approaches to Discrimination in Transnational Labour Law

Colleen Sheppard

18. Working Together Transnationally

Cynthia Estlund

19. Can Human Rights Based Labour Policy Improve the Labour Rights Situation in Developing Countries? A Look at Mexico and the Countries of Central America

Graciela Bensusán

20. Constitutionalising Labour in the Inter-American System on Human Rights

Rose-Marie Belle Antoine

C Emerging Roles for the ILO as an Actor in Transnational Labour Law

21. ILO Normative Action In Its Second Century: Escaping The Double Bind?

Francis Maupain

22. The ILO’s Supervisory Bodies’ ‘Soft Law Jurisprudence’

Claire La Hovary

23. Pluralism and Privatization in Transnational Labour Regulation: Experience of the International Labour Organization

Janelle M. Diller

24. Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields

Aimée Asante and Ben Chigara

PART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONAL

A Thickening Soft Law? ‘Privatising’ or Infusing Transnational Labour Law with Public International Law Norms?

25. Transnational Private Labour Regulation, Consumer-Citizenship and the Consumer Imaginary

Kevin Kolben

26. Thickening Soft Law Through Consumocratic Law: A Pragmatic Approach

P. Martin Dumas

27. Diffusion and Leveraging of Transnational Labour Norms by the OECD

Jean-Marc Thouvenin

28. The Use of Arbitration to Decide International Labour Issues

Kathleen Claussen

B Beyond WTO Linkage: Emerging Directions and Social Regionalism

29. What The World Trade Organization Learned From The International Labour Organization

Steve Charnovitz

30. Harnessing the Governance Capacity of the European Union: Transnational Labour Law Responses to the Exploitation of Migrant Agricultural Workers

Jo Hunt

31. Private International Law Rules for Transnational Employment: Reflections from the European Union

Aukje Van Hoek

32. Social Regionalism in the Southern Africa Development Community: The International, Regional and National Interplay of Labour Alternative Dispute Resolution Mechanisms

Pamhidai H. Bamu and Rutendo Mudarikwa

33. Labour Rights and Trade Agreements in the Americas

Paula Church Albertson and Lance Compa

C The Transnational Challenge to the Regulation of Labour as a Factor of Production: on Commodification

34. Trading in Services – Commodities and Beneficiaries

Tonia Novitz

35. The Curious Incident of the ILO, Myanmar and Forced Labour

Brian Langille

36. The Implications of Preparatory Works for the Debate Regarding Slavery, Servitude and Forced Labour

Jean Allain

37. Child Labour and Fragile States in Sub-Saharan Africa: Reflections on Regional and International Responses

Aristide Nononsi