Regulating Labour in the Wake of Globalisation : New Challenges, New Institutions.
- 1st ed.
- 1 online resource (290 pages)
- Columbia London Law Series .
- Columbia London Law Series .
Half title page -- Title page -- Title verso -- General Editors' Preface -- Contents -- 1 Regulating Labour in the Wakeof Globalisation: New Challenges, New Institutions -- Globalisation and the Challenge to National Labour Regulation -- Globalisation and Workers' Organisations: European and North American Perspectives -- Labour Regulation in a Global Economy: Institutional Design and Levels of Governance -- Labour Regulation in a Global Economy: Democratic Legitimacy -- Conclusion: Collective Frameworks of Labour Regulation -- 2 Corporate Self-Regulation: Political Economy, State Regulation and Reflexive Labour Law -- Three Case Studies -- The Significance of Self-Regulation, Several Observations in Search of an Hypothesis -- Conclusion: Beyond Reflexivity, Beyond Labour Law -- 3 Toward a Democratic Model of Transnational Labour Monitoring? -- 'Managerialist' and 'Participatory' Models of Labour Monitoring -- Kukdong -- PT Dada-Organisational Intervention and Interaction -- Conclusion -- 4 Timing is Everything: Industrialization, Legal Origin and the Evolution of the Contract of Employment in Britain and Continental Europe -- Abstract -- Introduction -- The British Case: Early Industrialization, Institutional Turbulence, and Legal Innovation in Labour Market Relations -- The British Case in Comparative Perspective: Industrialization and the Emergence of the Contract of Employment in Continental Europe -- Conclusions: Legal Origin, Institutional Change and Functionalism in Labour Law -- 5 Rebuilding the Law of the Workplace in an Era of Self-Regulation -- The Rise of Regulation, and of Self-Regulation, in the Law of the Workplace -- Elements of Effective Self-Regulation in the Workplace: Tripartism, Monitoring, Whistle-blowing, and Private Enforcement -- Toward Monitored Self-Regulation of Labour Standards: A Hybrid Model and Some Examples. Conclusion -- 6 Flexibilization, Globalization, and Privatization: Three Challenges to Labour Rights in Our Time -- Pressures Shaping the Employment Relationship -- The Local as a Counterweight to the Global -- Collective Action at the Local Level Around Issues of Work and Social Citizenship -- Conclusion -- 7 Law, Norms, and Complex Discrimination -- Unpacking the Implicit Assumptions About Law and Legal Process -- The Value of Bridging Law and Norms -- Law as Catalyst of Normative Elaboration and Problem Solving -- Conclusion -- 8 The WTO as a Mechanism for Labour Regulation -- Introduction -- Unilateralism -- Bilateralism and Regional Agreements -- Multilateral Trade-Labour Conditionality -- The WTO as a Threat to Bilateral and Regional Agreements -- Conclusion -- 9 A Changing Institutional Architecture of the European Social Model? -- Introduction -- Levels of Regulation: Interaction of Enforcement of Labour Law at National and Transnational EU Levels -- Institutional Design: New Techniques of Labour Regulation at EU Level -- Legitimacy: The Interaction of Transnational and National Levels of Industrial Relations in Negotiating the Framework Agreement on Fixed-Term Work -- The Role and Legal Status of the EU Social Dialogue in the Proposed Constitutional Treaty -- The 'Informal' Constitution: Social Dialogue and Legislation in EU Labour Law -- Conclusion -- 10 International Regulation of the Global Economy- The Role of Trade Unions -- Introduction -- The Changing Focus of International Labour Law -- GUFs and International Framework Agreements -- The Nature and Purpose of International Framework Agreements -- International Framework Agreements: Content and Substance -- International Framework Agreements: Scope of Application -- International Framework Agreements: Monitoring and Supervision. International Framework Agreements: Trade Union Opportunities -- International Framework Agreements: Problems in Practice -- Conclusion -- 11 Alternative Mechanisms of Voice Representation -- Introduction -- Extending the Concept of 'Voice' -- Old Governance, Nation State/City- Workplace- Family -- The Result of the Crisis- New Governance, New Voice -- References -- 12 The Originality of Transnational Social Norms as a Response to Globalisation -- Definition and Features of Transnational Social Norms -- The Originality of Transnational Social Norms as a Response to Globalisation -- References -- Index.
In this volume, labour relations experts from around the world examine how to regulate labour in the modern, globalised world.