Research Handbook on Transnational Labour Law

Employment / Labour Law

Research Handbook on Transnational Labour Law

Edited by Adelle Blackett · Anne Trebilcock
Edward Elgar Publishing September 2015

Specifications

ISBN-13
9781782549789
Publisher
Edward Elgar Publishing
Publication
September 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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
38. A Transnational Law of Just Transitions for Climate Change and Labour
David J. Doorey

Index
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