CiNii 図書 - Research handbook on transnational labour law

The editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) 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 hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice. Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality. The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law. Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy. Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusan, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. Lopez Lopez, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.Zimmer

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 Lopez Lopez 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 Renee-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 Bensusan 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 Aimee 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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