Employment and labour law: general Books

674 products


  • Employee Engagement and Wellbeing Explained

    Kogan Page Employee Engagement and Wellbeing Explained

    Book SynopsisGemma Dale is a senior lecturer in the Business School at Liverpool John Moores University, teaching management, HR and personal development skills to first second and third year undergraduates. She is an experienced HR professional, as Chartered Fellow of the CIPD and Fellow of the HEA , with over twenty years of experience working in a range of HR roles across multiple sectors. Gemma Dale is the author of How to Work Remotely and Flexible Working, also published by Kogan Page.

    £42.75

  • Making Their Days Happen

    Temple University Press,U.S. Making Their Days Happen

    Book SynopsisThrough a compelling combination of policy analysis and humanizing detail of both consumers and providers of PAS, this book appeals to students, scholars, and patients of these services who are considering use of self-directed PAS alike.

    £77.35

  • Making Their Days Happen

    Temple University Press,U.S. Making Their Days Happen

    Book SynopsisThrough a compelling combination of policy analysis and humanizing detail of both consumers and providers of PAS, this book appeals to students, scholars, and patients of these services who are considering use of self-directed PAS alike.

    £22.49

  • Social Security Disability Law and the American

    New York University Press Social Security Disability Law and the American

    7 in stock

    Book SynopsisHow social security disability law is out of touch with the contemporary American labor market Passing down nearly a million decisions each year, more judges handle disability cases for the Social Security Administration than federal civil and criminal cases combined. In Social Security Disability Law and the American Labor Market, Jon C. Dubin challenges the contemporary policies for determining disability benefits and work assessment. He posits the fundamental questions: where are the jobs for persons with significant medical and vocational challenges? And how does the administration misfire in its standards and processes for answering that question? Deploying his profound understanding of the Social Security Administration and Disability law and policy, he demystifies the system, showing us its complex inner mechanisms and flaws, its history and evolution, and how changes in the labor market have rendered some agency processes obsolete. Dubin lays out hoTrade Review"This is an excellent, long-term overview of the social security disability programs that comes to grips with the current challenges and offers recommendations for ongoing reform. I don’t know of any project that’s assembled the history of these programs as comprehensively as Dubin has done. An excellent history by an extremely careful and well-known scholar." -- Matthew Diller, Dean and Paul Fuller Professor of Law, Fordham University Law School"A comprehensive review of the influence of labor market considerations on the evolution of the Social Security Act’s disability standard and the administrative tools used to adjudicate the ‘ability to engage in substantial gainful activity’ component of that standard. In this important book, Dubin examines the implications of a changing labor market on the availability of jobs for persons with disabilities and explores the challenges that presents to the existing structure and administration of Social Security disability programs." -- Frank Bloch, editor of The Global Clinical Movement: Educating Lawyers for Social Justice"Provides a detailed account of the longstanding and ongoing disputes among Congress, the Social Security Administration, and the courts on the fundamental question of who should be excused from working because of disability and granted economic and health care support by the government. Dubin explores the obvious flaws in the current adjudicative system, including reliance on outdated labor market data, demonstrates the fallacious assumptions of those who would make the system even harsher than it is today, and suggests sensible improvements. A must read for policy wonks, as well as serious practitioners." -- Robert E. Rains, Professor Emeritus and founder of the Disability Law Clinic, Pennsylvania State University Dickinson School of Law

    7 in stock

    £40.50

  • Making the Empire Work

    New York University Press Making the Empire Work

    Book SynopsisMillions of laborers, from the Philippines to the Caribbean, performed the work of the United States empire. Forging a global economy connecting the tropics to the industrial center, workers harvested sugar, cleaned hotel rooms, provided sexual favors, and filled military ranks. Placing working men and women at the center of the long history of the U.S. empire, these essays offer new stories of empire that intersect with the grand narratives of diplomatic affairs at the national and international levels. Missile defense, Cold War showdowns, development politics, military combat, tourism, and banana economics share something in commonthey all have labor histories. This collection challenges historians to consider the labor that formed, worked, confronted, and rendered the U.S. empire visible. The U.S. empire is a project of global labor mobilization, coercive management, military presence, and forced cultural encounter. Together, the essays in this volume recognize Trade ReviewBender and Lipman have assembled a collection of short studies that conflate labor studies, imperial analyses, and diplomatic history to produce a challenging, insightful means of viewing such histories simultaneously. [] The innovative subjects and rigorous scholarship in this highly readable volume are accessible to general readers and scholars alike. * Choice *This book makes an important contribution to our understanding of the history of American imperialism, much of it from the bottom up. * American Historical Review *Making the Empire Work is a game changer. This spectacular volume will transform the way U.S. historians conceive, write and teach about empire. Workers were everywhere in the U.S. empire: building and serving it, shaped by and suffering from it. The work collected here gives new meaning to William Appleman Williams trenchant call for us to consider 'empire as a way of life.' -- Nan Enstad,University of Wisconsin, MadisonTable of ContentsContents 1. The Wages of Empire: Capitalism, Expansionism, and Working-Class Formation 35 2. Revolutionary Currents: Interracial Solidarities, Imperial Japan, and the U.S. Empire 59 3. The Secret Soldiers' Union: Labor and Soldier Politics in the Philippine Scout Mutiny of 1924 85 4. The Photos That We Don't Get to See: Sovereignties, Archives, and the 1928 Massacre of Banana Workers in Colombia 104 5. Sexual Labor and the U.S. Military Empire: Comparative Analysis of Europe and East Asia 137 6. Making Aloha: Lei and the Cultural Labor of Hospitality 161 7. The Advantages of Empire: Chinese Servants and Conflicts over Settler Domesticity in the "White Pacific," 1870-1900 185 8. Empire and the Moving Body: Fermin Tobera, Military California, and Rural Space 208 9. Slavery's Stale Soil: Indentured Labor, Guestworkers, and the End of Empire 227 10. The Colonization of Antislavery and the Americanization of Empires: The Labor of Autonomy and the Labor of Subordination in Togo and the United States 267 11. Progressive Empire: Race and Tropicality in United Fruit's Central America 289

    £20.99

  • Current Law and Social Problems Volume III

    University of Toronto Press Current Law and Social Problems Volume III

    Book SynopsisThis is the third volume in a series sponsored by the Faculty of Law in the University of Western Ontario as a forum for presentation of research in law and related social sciences. The primary object of the series is to promote collaboration between lawyers, social scientists, juristic philosophers, and others who are interested in exploring social values, processes, and institutions. The present volume is devoted to topics relating to the changing role of trade union activity in Canada. It includes a discussion of the regulatory function of law in industry; an examination of the problems of jurisdictional disputes in Ontario; an outline of the major aspects of labour legislation in Quebec; a study of the relation of criminal law to trade union activity in Canada; and an analysis of conciliation procedures in British Columbia. Comparative material is supplied in an article on the ramifications of a national wages policy in Britain. This volume also contains the concluding part of an a

    £21.59

  • The Supreme Court on Unions

    Cornell University Press The Supreme Court on Unions

    1 in stock

    Book SynopsisLabor unions and courts have rarely been allies. From their earliest efforts to organize, unions have been confronted with hostile judges and antiunion doctrines. In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. In The Supreme Court on Unions, Getman critically examines the decisions of the nation''s highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution.As he discusses Supreme Court decisions dealing with unions and labor in a variety of different areas, Getman offers an interesting historical perspective to illuminate the ways in which the Court has been an influence in the failures of the labor movement. During more than sixty years that have seen the Supreme Court take a dominant role, both unions and the iTrade Review"For more than half a century, Julius G. Getman has brought to the study of labor law not simply the analytical rigor of a law professor, but a hunger for facts—to understand the effects of legal rules on human behavior—and the empathy of a participant-observer—whether among paper workers in Maine, clerical workers at Yale, or university professors across the country.Getman's unique and invaluable perspective is fully on display in this tour through the Supreme Court’s labor jurisprudence." -- Craig Becker, General Counsel, AFL-CIO"In this wide-ranging, critical survey of the Supreme Court's labor law decisions, Julius G. Getman displays the practical wisdom and acuity that has made him one of the nation's leading labor law teachers and scholars for more than a half century. Even the most attentive students and scholars of labor law will find valuable insights in this book." -- Cynthia Estlund, New York University School of Law, author of Regoverning the Workplace"Julius G. Getman deftly demonstrates how the Supreme Court—over many decades—has restrained the protections and possibilities contained in the National Labor Relations Act, one of the major achievements of the New Deal era. He paints a detailed and disturbing picture of Court-imposed limitations on workers' ability to exert lawful economic pressure and to vindicate their collective voice. In doing so, Getman brings welcome historical perspective to the current state of U.S. labor law, and situates the Court as an important contributor to the NLRA’s weakened status." -- James J. Brudney, Fordham Law School"Julius G. Getman's terrific new book supports in detail his thesis that 'the Supreme Court has played a major role in transforming the National Labor Relations Act from a law meant to empower workers to a law that helps to sustain the power of employers.’ He shows that this reactionary Supreme Court role began almost immediately after the passage of the NLRA, that it has continued through Democratic and Republican majorities on the Court, and in particular that the Supreme Court’s gutting of the strike weapon has drastically tilted collective bargaining against workers and toward corporations. Getman’s keen analysis is informed and strengthened by his unusual combination of academic legal scholarship, research on the reality of labor law in the workplace, and personal involvement." -- John W. Wilhelm, Retired President, UNITE HERETable of ContentsIntroduction 1. The Court and Union Organizing 2. The Supreme Court and Collective Bargaining 3. The Supreme Court and the Right to Strike 4. The Court and the Protected Status of Economic Pressure 5. The Supreme Court, Union Picketing, and Boycotts 6. Exclusivity and the Duty of Fair Representation 7. The Court and the Definition of "Employee" under the NLRA 8. The Supreme Court and Arbitration Conclusion

    1 in stock

    £29.45

  • Cornell University Press An Introduction to U.S. Collective Bargaining and Labor Relations

    1 in stock

    Book SynopsisThis comprehensive textbook provides an introduction to collective bargaining and labor relations with a focus on developments in the United States. It is appropriate for students, policy analysts, and labor relations professionals including unionists, managers, and neutrals. A three-tiered strategic choice framework unifies the text, and the authors’ thorough grounding in labor history and labor law assists students in learning the basics. In addition to traditional labor relations, the authors address emerging forms of collective representation and movements that address income inequality in novel ways.Harry C. Katz, Thomas A. Kochan, and Alexander J. S. Colvin provide numerous contemporary illustrations of business and union strategies. They consider the processes of contract negotiation and contract administration with frequent comparisons to nonunion practices and developments, and a full chapter is devoted to special aspects of the public sector. An IntroducTrade ReviewWhat struck me most about this work is that it steers clear of the case-method approach common in many legal textbooks. Instead, the authors offer a more explanatory review of the topics discussed, using case studies throughout to illustrate concepts of particular interest. The result is a work that is highly substantive, yet accessible to a wide audience. This book works equally well as a reference tool for those familiar with labor relations and an introduction for the uninitiated. * Monthly Labor Review *For a continental European academic, this text not only offers a thorough and wellbalanced introduction into the US system of collective bargaining and industrial relations but also into the superstructure and the theoretical framework that underpins it. And it is actually a pleasure to read and therefore comes highly recommended. * British Journal of Industrial Relations *Table of ContentsPreface Acknowledgments List of Abbreviations Part I 1. A Framework for Analyzing Collective Bargaining and Labor Relations 2. The Historical Evolution of the U.S. Labor Relations System 3. The Law and Legal Systems 4. The Role of the Labor Relations Environment Part II 5. Management Strategies and Structures for Collective Bargaining 6. Union Strategies and Structures for Representing Workers Part III 7. Union Organizing and Bargaining Structures 8. The Negotiations Process and Strikes 9. Dispute Resolution Procedures 10. Contract Terms and Employment Outcomes Part IV 11. Workplace Labor Relations 12. Conflict Resolution at the Workplace Part V 13. Collective Bargaining in the Public Sector 14. Global Pressures 15. Labor Relations in Other Countries 16. The Future of U.S. Labor Policy and Labor Relations Glossary About the Authors Name Index Subject Index

    1 in stock

    £140.25

  • Cornell University Press Everyday Transgressions

    1 in stock

    Book SynopsisThe book''s breadth and grounding in labor law make it most accessible and useful to a professional audience, but even nonspecialists and lay readers will appreciate Blackett''s insights about law and domestic work and provocative issues such as social stratification and immigration.? ChoiceAdelle Blackett tells the story behind the International Labour Organization''s (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in other peoples'' homes throughout the world. As the principal legal architect, Blackett is able to take us behind the scenes to show us how Convention No. 189 transgresses the everyday law of the household workplace to embrace domestic workers'' human rights claim to be both workers like any other, and workers like no other.ITrade ReviewThe book's breadth and grounding in labor law make it most accessible and useful to a professional audience, but even nonspecialists and lay readers will appreciate Blackett's insights about law and domestic work and provocative issues such as social stratification and immigration. * Choice *An important book for legal and policy historians concerned with labor, Blackett's volume encourages her readers to think about why standards for decent work must be transnational, responsive to workers' experiences, and inspired by a desire to see substantive justice rather than formal law implemented. * Labor: Studies in Working-Class History *Everyday Transgressions is a magnificent piece of research. The book sparks numerous questions and provides innovative heuristic tools for answering them. For specialists in this field (legal scholars and social scientists) but also for domestic workers and activists, it can be read as an invitation to explore the international and local dynamics in which state law confronts and defeats (albeit partially and momentarily) the persistent law of the household workplace. * Revue International des études du Dévelopmenet *Everyday Transgressions is a magnificent piece of research. The book sparks numerous questions and provides innovative heuristic tools for answering them. For specialists in this field (legal scholars and social scientists) but also for domestic workers and activists, it can be read as an invitation to explore the international and local dynamics in which state law confronts and defeats (albeit partially and momentarily) the persistent law of the household workplace. * ILR Review *Table of ContentsAcknowledgments Introduction: Who Cares? 1. Establishing a Transgressive Transnational Legal Order 2. What's Informality Got to Do with It? On Invisibility 3. Subordination or Servitude in the Law of the Household Workplace: Decent Work for Domestic Workers 4. Searching for Law in Historical Cookbooks 5. Tough Spots at the International Labour Conference 6. Beyond Ratification: Diffusing Decent Work for Domestic Workers Conclusion: Thinking Transnationally Postface Appendixes 1. A Note on Terminology 2. Text of the Domestic Workers Convention and Domestic Workers Recommendation 3. International Standard-Setting Timeline 4. The Foregrounded Ethnographies Glossary of Terms Notes Selected Bibliography Index

    1 in stock

    £97.20

  • Home Care Fault Lines

    Cornell University Press Home Care Fault Lines

    1 in stock

    Book SynopsisIn this revealing look at home care, Cynthia J. Cranford illustrates how elderly and disabled people and the immigrant women workers who assist them in daily activities develop meaningful relationships even when their different ages, abilities, races, nationalities, and socioeconomic backgrounds generate tension. As Cranford shows, workers can experience devaluation within racialized and gendered class hierarchies, which shapes their pursuit of security. Cranford analyzes the tensions, alliances, and compromises between security for workers and flexibility for elderly and disabled people, and she argues that workers and recipients negotiate flexibility and security within intersecting inequalities in varying ways depending on multiple interacting dynamics. What comes through from Cranford''s analysis is the need for deeply democratic alliances across multiple axes of inequality. To support both flexible care and secure work, she argues for an intimate community unionisTrade ReviewCranford's in-depth, thought-provoking, and insightful work is an important read not only for scholars of care work and labor, but also for activists, social workers, and organizers outside of academia who are interested in building alliances of care. * New Books Network *Home Care Fault Lines provides an innovative and essential analysis of the politics of community-based personal and attendant care and demonstrates the power of sociological analysis to inform policy and promote social justice. * American Journal of Sociology *In Home Care Fault Lines, Cynthia Cranford has written an ambitious and pathbreaking book. More than ever before, we cannot ignore the glaring need to invest in the home care sector in a way that is responsive to the needs of both care workers and recipients of care. Luckily, just in time, Cranford's book has provided us with an insightful analysis of how to do just that. * Contemporary Sociology *We can expect Home Care Fault Lines to become a pivotal reference for international care scholarship. * International Journal of Care and Caring *Table of ContentsIntroduction: Tenions between Flexibility and Security 1. Gender, Migration, and the Purist of Security 2. Disability and the Quest for Flexibility 3. Managing Flexibility without Security in Toronto's Direct Funding 4. Negotiating Flexibility with Security in Los Angeles's In-Home Supportive Services 5. Agency-Led Flexibility and Insecurity in Toronto's Home Care 6. Bargaining for Security with Flexibility in Toronto's Attendant Services 7. Toward Flexible Care and Secure Work in Intimate Labor

    1 in stock

    £97.20

  • Stitching the 24Hour City

    Cornell University Press Stitching the 24Hour City

    7 in stock

    Book SynopsisStitching the 24-Hour City reveals the intense speed of garment production and everyday life in Dongdaemun, a lively market in Seoul, South Korea. Once the site of uprisings against oppressive working conditions in the 1970s and 1980s, Dongdaemun has now become iconic for its creative economy, nightlife, fast-fashion factories, and shopping plazas. Seo Young Park follows the work of people who witnessed and experienced the rapidly changing marketplace from the inside. Through this approach, Park examines the meanings and politics of work in one of the world''s most vibrant and dynamic global urban marketplaces.Park brings readers into close contact with the garment designers, workers, and traders who sustain the extraordinary speed of fast-fashion production and circulation, as well as the labor activists who challenge it. Attending to their narratives and practices of work, Park argues that speed, rather than being a singular drive of accelerationTrade ReviewEminently readable for anyone interested in the production side of fast fashion, regardless of geographic field. * Choice *I would highly recommend this book to anyone who is interested in urban ethnography of labour, temporality, affect and spaces. This book offers fascinating stories and compelling analyses that illuminate affective and embodied time-geographies of labour. * Urban Studies *Table of ContentsPrologue Introduction Part 1: SPEED AS EXPERIENCE 1. Affective Crowds and Making the 24-Hour City 2. Intimate Networks 3. Passionate Imitation Part 2: PROBLEMATIZATION OF SPEED 4. Redirecting the Future 5. Pacing the Flow Conclusion

    7 in stock

    £97.20

  • Stitching the 24Hour City

    Cornell University Press Stitching the 24Hour City

    7 in stock

    Book SynopsisStitching the 24-Hour City reveals the intense speed of garment production and everyday life in Dongdaemun, a lively market in Seoul, South Korea. Once the site of uprisings against oppressive working conditions in the 1970s and 1980s, Dongdaemun has now become iconic for its creative economy, nightlife, fast-fashion factories, and shopping plazas. Seo Young Park follows the work of people who witnessed and experienced the rapidly changing marketplace from the inside. Through this approach, Park examines the meanings and politics of work in one of the world''s most vibrant and dynamic global urban marketplaces.Park brings readers into close contact with the garment designers, workers, and traders who sustain the extraordinary speed of fast-fashion production and circulation, as well as the labor activists who challenge it. Attending to their narratives and practices of work, Park argues that speed, rather than being a singular drive of accelerationTrade ReviewEminently readable for anyone interested in the production side of fast fashion, regardless of geographic field. * Choice *I would highly recommend this book to anyone who is interested in urban ethnography of labour, temporality, affect and spaces. This book offers fascinating stories and compelling analyses that illuminate affective and embodied time-geographies of labour. * Urban Studies *Table of ContentsPrologue Introduction Part 1: SPEED AS EXPERIENCE 1. Affective Crowds and Making the 24-Hour City 2. Intimate Networks 3. Passionate Imitation Part 2: PROBLEMATIZATION OF SPEED 4. Redirecting the Future 5. Pacing the Flow Conclusion

    7 in stock

    £21.59

  • Putins Labor Dilemma

    Cornell University Press Putins Labor Dilemma

    1 in stock

    Book SynopsisIn Putin''s Labor Dilemma, Stephen Crowley investigates how the fear of labor protest has inhibited substantial economic transformation in Russia. Putin boasts he has the backing of workers in the country''s industrial heartland, but as economic growth slows in Russia, reviving the economy will require restructuring the country''s industrial landscape. At the same time, doing so threatens to generate protest and instability from a key regime constituency. However, continuing to prop up Russia''s Soviet-era workplaces, writes Crowley, could lead to declining wages and economic stagnation, threatening protest and instability.Crowley explores the dynamics of a Russian labor market that generally avoids mass unemployment, the potentially explosive role of Russia''s monotowns, conflicts generated by massive downsizing in Russia''s Detroit (Tol''yatti), and the rapid politicization of the truck drivers movement. Labor protests currently show littlTrade ReviewPutin's Labor Dilemma offers a historically-informed and spatially-sensitive account of economic and political change in post-communist Russia. It also offers valuable insights into understanding societal change in (post)industrial societies beyond the post-communist world. This is an excellent book, which I would recommend to anyone interested in Russian geography, current politics, or labor movements. * Eurasian Geography and Economics *Putin's Labor Dilemma is an invaluable resource in understanding why and how Russia's labor movements have not successfully influenced the government in many cases, but why the Russian government still rightly worries about them. Many observers have long discounted the political sway of labor in post-communist Russia. Crowley gives us good reason to keep labor politics central in our understanding how Putin navigates stability and stagnation. * The Soviet and Post-Soviet Review *Table of Contents1. The Political Consequences of Russian Deindustrialization 2. Russia's Peculiar Labor Market and the Fear of Social Explosion 3. Russia's Labor Productivity Trap 4. Monotowns and Russia's Post-Soviet Urban Geography 5. Labor Protest in Russia's Hybrid Regime 6. Downsizing in "Russia's Detroit" 7. The Dread of a Color Revolution 8. Russia's Truckers and the Road to Radicalization 9. How Different Is Russia? The Comparative Context Conclusion: Overcoming Russia's Labor Dilemmas

    1 in stock

    £97.20

  • Unionizing the Ivory Tower

    Cornell University Press Unionizing the Ivory Tower

    Book SynopsisUnionizing the Ivory Tower chronicles how a thousand low-paid custodians, cooks, and gardeners succeeded in organizing a union at Cornell University. Al Davidoff, the Cornell student leader who became a custodian and the union''s first president, tells the extraordinary story of these ordinary workers with passion, sensitivity, and wit.His memoir reveals how they took on the dominant power in the community, built a strong organization, and waged multiple strikes and campaigns for livable wages and their dignity. Their strategies and tactics were creative and feisty, founded on worker participation and ownership.The union''s commitment to fairness, equity, and economic justice also engaged these workersmostly rural, white, and conservativeat the intersections of racism, sexism, classism, and homophobia. Davidoff''s story demonstrates how a fighting union can activate today''s working class to oppose antidemocratic and white supremacist forces.Table of ContentsIntroduction 1. Mophead 2. Yes, Yes, No 3. Custodians—That's All You'll Ever Be 4. We Meet the Enemy and It Is Us 5. Frankie McCoy 6. Blackness on the Cornell Plantation 7. Noah's Amalgamated Ark 8. Figuring It Out 9. "Float Like a Butterfly, Sting Like a Bee" 10. Sustaining Struggle: Building the Union during the Off-Season 11. From Grassroots Up to Grassroots Out 12. In the Shadow of the Tower Epilogue

    £18.89

  • £58.50

  • Legal and Regulatory Issues in Human Resources

    Information Age Publishing Legal and Regulatory Issues in Human Resources

    Book SynopsisThis edited book is intended to address the need for an updated look at the HRM legal and regulatory environment. Contrary to existing books which address legal issues in HRM from a narrower focus or specific issue (like sexual harassment, performance appraisal or employment termination), this book will provide a comprehensive and in-depth look at legal issues, regulations and laws which govern all aspects of human resource management - recruitment, selection, placement, performance management (i.e., employee training and development), benefits and compensation - and specific issues such as job analysis, sexual harassment, and the like.The contributors to this book offer their insight derived from their own research and practical experience with the HRM legal and regulatory environment/world of work. More specifically, the contributors examine, analyze and discuss challenges, issues and opportunities related to HRM legal and regulatory issues and the implications for employees and their organizations while emphasizing the importance of navigating such laws and regulations to the employment cycle and toward sustainable competitive advantage intoday’s and tomorrow’s organizations.

    £49.95

  • Legal and Regulatory Issues in Human Resources

    Information Age Publishing Legal and Regulatory Issues in Human Resources

    Book SynopsisThis edited book is intended to address the need for an updated look at the HRM legal and regulatory environment. Contrary to existing books which address legal issues in HRM from a narrower focus or specific issue (like sexual harassment, performance appraisal or employment termination), this book will provide a comprehensive and in-depth look at legal issues, regulations and laws which govern all aspects of human resource management - recruitment, selection, placement, performance management (i.e., employee training and development), benefits and compensation - and specific issues such as job analysis, sexual harassment, and the like.The contributors to this book offer their insight derived from their own research and practical experience with the HRM legal and regulatory environment/world of work. More specifically, the contributors examine, analyze and discuss challenges, issues and opportunities related to HRM legal and regulatory issues and the implications for employees and their organizations while emphasizing the importance of navigating such laws and regulations to the employment cycle and toward sustainable competitive advantage intoday’s and tomorrow’s organizations.

    £87.40

  • Labor Law and Industrial Relations

    Arcler Education Inc Labor Law and Industrial Relations

    1 in stock

    Book SynopsisThis comprehensive book addresses themes related to labor rights, employment contracts, dispute resolution, and the legal framework for labor relations. It is particularly relevant to undergraduate students studying labor law, providing them with a deep understanding of the legal rights and protections afforded to workers. Practitioners in the legal field enhance their knowledge of labor regulations and employment law, making it a valuable resource for professionals dealing with labor-related issues. Policymakers can draw from this knowledge to shape labor policies that promote fair and equitable employment practices. The general public also benefits from gaining awareness of labor rights and protections, which play a crucial role in ensuring social justice in the workplace.Table of Contents Chapter 1 Introduction to Industrial Relations Chapter 2 Setting the Legal Context for Industrial Relations Chapter 3 The Conceptualization of Industrial Relations Chapter 4 The Practice of Industrial Relations Chapter 5 Evolution and Revolution in Industrial Relations Chapter 6 A Critique of the Notion of Industrial Relations Chapter 7 Frameworks for Contemporary Industrial Relations Chapter 8 Looking at the Future of Industrial Relations Chapter 9 Concluding Remarks

    1 in stock

    £131.20

  • Comparative Labor Law

    Edward Elgar Publishing Ltd Comparative Labor Law

    2 in stock

    Book SynopsisEconomic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions.The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like 'soft law' and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law.The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sánchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. TopoTrade Review'A monumental work of comparative labor law by an impressive group of international academics! This book highlights regional and cross-regional developments of contemporary labor law, clarifies the major trends and issues of labor law in the dynamically changing world, and discusses the new forms and framework of labor law emerging across continents. It presents rich reflections on the methodology of comparative labor law and addresses the very fundamental issues of globalized market economies.' --Kazuo Seguno, President, Japan Institute for Labour Policy and Training'This important book will be essential reading for all those who wish to understand the reasons for the continuing divergences and similarities between national systems of labor law in the age of modern globalisation and the growing influences of global competition, internationalisation and regionalisation on labor standards and processes. The authors not only provide new and sometimes provocative insights into traditional topics such as freedom of association, workers' representation and the personal contact of employment, but also newer areas such as workplace discrimination, privacy and new forms of contracting.' --Sir Bob Hepple, QC, FBA, University of Cambridge, UKTable of ContentsContents: Introduction to the Comparative Labor Law Handbook Guy Mundlak and Matthew Finkin PART I COMPARING LABOR LAW 1. The Rich Panoply of Sources of Labor Law: National, Regional and International Marilyn J. Pittard and Stuart Butterworth 2. Comparative Labor and Employment Law in Developed Market Economies: Fostering Market Efficiencies or Repairing Market Failures? Silvia Bonfanti, Cynthia Estlund and Nuno Garoupa 3. The Challenge to Comparative Labor Law in a Globalized Era Kerry Rittich and Guy Mundlak PART II THEMATIC COMPARISONS 4. The Subjects of Labor Law: “Employees” and Other Workers Guy Davidov, Mark Freedland and Nicola Kountouris 5. Who is an Employer? Luisa Corazza and Orsola Razzolini 6. Employee Autonomy, Privacy, and Dignity Under Technological Oversight Matthew W. Finkin, Rüdiger Krause and Hisashi Takeuchi-Okuno 7. Legal Protection for Employee Mobility Alan Hyde and Emanuele Menegatti 8. The Lasting Influence of Legal Origins: Workplace Discrimination, Social Inclusion and the Law in Canada, the United States and the European Union Kevin Banks, Roberta Nunin and Adriana Topo 9. Job Loss Joanna Howe, Esther Sanchez and Andrew Stewart 10. Freedom of Association Alan Bogg and K.D. Ewing 11. Employee Voice Outside Collective Bargaining Monika Schlachter and Achim Seifert PART III REGIONAL COMPARISONS 12. European Union Labour Law and the European Social Model: A Critical Appraisal Frank Hendrickx and Stefano Giubboni 13. Labor Law in Transition: From a Centrally Planned to a Free Market Economy in Central and Eastern Europe Erika Kovács, Nikita Lyutov and Leszek Mitrus 14. Building BRICS of Success? Sean Cooney, Darcy Du Toit, Roberto Fragale, Roger Ronnie and Kamala Sankaran Index

    2 in stock

    £218.00

  • Multinational Human Resource Management and the

    Edward Elgar Publishing Ltd Multinational Human Resource Management and the

    2 in stock

    Book Synopsis'This volume presents precisely the types of problems facing HR professionals in multinational corporations and reveals the many challenges of bridging across cultures and legal systems.'- Howard Salazar, Manager of HR Operations, Harley-Davidson Motor Company, US'In aligning human resource management with the legal requirements in different countries, multinational corporations have to simultaneously stay true to their corporate culture and honor the distinct cultures where they do business. This volume provides deep insights for navigating this terrain in the 21st Century.'- Pat Canavan, Senior Vice President for Global Governance, Motorola Corporation (retired), US'Leading a global HR function requires a deep appreciation of many cultures and laws, which are at the center of this important new book. Organizing the learning around tangible problems is a great approach - valuable for experienced practitioners and newly appointed HR professionals alike.'- Cheri Alexander, Vice President, HR International Operations, General Motors (retired), USMultinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries - Australia, Brazil, Germany, Japan and the United States.The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world.Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.Trade Review'HR professionals at multi-national employers need to understand the legal and employment context of the countries that they do business in - particularly the differences. In this book, key issues are presented via case problems across five of the major global economies, building the comparative and critical thinking skills which are essential to an effective HR leader operating in any country.' --Andrew Bartlow, HR Director, Apollo Group, US'The great merit of this book is, in my view, the problem oriented approach which forces the authors of the different countries to focus on the same factual situation and put it into the legal context of each country. Thereby, it becomes possible to show that the legal instruments may differ very much in each country. . . In this respect the book not only fills a gap but provides an important innovation.' --Manfred Weiss, Goethe University, Frankfurt am Main, Germany'The problem-solving approach adopted in this book makes it an excellent teaching and learning tool for human resource managers and their lawyers in multinational corporations. The notes, questions and comments should stimulate research and wider discussion of key issues in modern employment law and practice.' --Professor Sir Bob Hepple QC, University of Cambridge, UKTable of ContentsContents: PART I: INTRODUCTION A. Sketches of the Labor and Employment Law Systems B. Some Demographic Context PART II: EMPLOYEE VOICE: COLLECTIVE BARGAINING, CO-DETERMINATION, INFORMATION SHARING AND CONSULTATION Introduction Directive 2002/14 EC Problem 1: Collective Bargaining and a New ‘Greenfield’ Facility Problem 2: Restructuring Workplace Operations Problem 3: Consultation on ‘Eco-friendly’ Issues PART III: DISCRIMINATION IN EMPLOYMENT Problem 4: Shift to Part-time Workers A Note on the Casualization of Work Problem 5: Request to Pray Three Times a Day Problem 6: Hiring a Woman Who is Pregnant PART IV: PRIVACY, DIGNITY, AND AUTONOMY A Note on the Concept of Personality Problem 7: Background Checks Problem 8: Video Cameras and Monitoring in the Workplace A Note on ‘Data Protection’ Directive 95/46 EC Problem 9: Dating Policy A Note on Dignity: The Case of Captive Audition PART V: WRONGFUL DISCHARGE A Note on Wrongful Discharge Litigation Problem 10: Outsourcing Abroad Problem 11: 54-year Old ‘Underperforming’ Salesman Problem 12: Critical Blog Comments Posted by an Employee Problem 13: Confidential Securities Hotline A Concluding Note on Alternate Dispute Resolution PART VI: COMPENSATION AND BENEFITS ADMINISTRATION Problem 14: Share Ownership and Common Supplementary Pension Scheme Problem 15: Pay for Members of a Virtual Team Problem 16: Government Imposed Executive Compensation Restrictions Problem 17: Non-competition and Confidentiality Agreement PART VII: GLOBAL SUPPLY CHAINS AND LABOR STANDARDS Problem 18: Requested Waiver of Inspections Problem 19: Global Safety Problem 20: Zero Tolerance Policy Problem 21: Signing an International Framework Agreement PART VIII: IN LARGER COMPARATIVE CONTEXT A. Legal Origin, Legal Family B. Legal Culture C. Political Economy: Varieties of Capitalism D. National Values E. Legal Transmission and Transplantation F. The Diffusion of Corporate Culture and Managerial Practice G. Implications for Policy and Practice Index

    2 in stock

    £129.00

  • Edward Elgar Publishing Ltd EU Labour Law

    Book SynopsisEU Labour Law is a concise, readable and thought-provoking introduction to the labor and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labor law is made, and analyzes key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labor law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labor and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.Trade Review -- Stephen Weatherill, Somerville College, Oxford, UK’I feel confident that this book will be judged to have made a very significant contribution to the study of European labour law. It fills a particular niche within the rich existing literature by providing a lucid, accessible, and succinct thematic overview of the subject, in much the same way as the author has so successfully done for the study of British labour law in her work on perspectives on labour law.’ -- Mark Freedland, Oxford University, UKTable of ContentsContents: Preface Part I: Introduction 1. Themes in EU Labour Law 2. Regulatory Techniques Part II: Topics in EU Labour Law 3. Worker Migration and Market Integration 4. Equality 1: Women and Men 5. Equality 2: New Grounds, New Techniques 6. Workers and ‘Atypical’ Workers 7. Working Time 8. Worker Protection and Participation 9. Postscript Index

    £40.95

  • Edward Elgar Publishing Ltd International Handbook on Whistleblowing Research

    2 in stock

    Book SynopsisThis Handbook is testament to the value of whistleblowing for democracy, with new research and existing knowledge probed with fresh and urgent questions. What is the impact of global technology on public accountability, journalism and whistleblower protection? If indifference is what really matters, is focus on retaliation misplaced? What stops those in authority from heeding whistleblowers? A vital resource for anyone fighting to protect whistleblowers anywhere to better articulate whose interests are really at stake and what needs to be done.- Anna Myers, lawyer and Expert Coordinator of the Whistleblowing International Network (WIN)'The International Handbook on Whistleblowing Research offers a thorough and thoughtful examination of current approaches to research regarding this important topic. The editors have included the viewpoints of highly regarded researchers from a number of different fields, including the social sciences, business, and law. Unlike some collections of comments by experts in diverse fields, the editors have created a coherent and useful structure for an analysis of the status of whistleblowing research, the appropriate design for such research and its practical applications. The book casts new light on many topics crucial to the success or failure of whistleblower laws. Researchers, activists, policy makers and anyone interested in understanding whistleblowing and improving laws that encourage and protect it should read this indispensable work. A 'who's who' of the field and a depository of insights and ideas.- Robert Vaughn, American University Washington College of Law, USWhistleblowing the disclosure of wrongdoing by organizational insiders is vital to modern public accountability and integrity across all organizations and societies. This important Handbook offers original, cutting-edge analyzes of the conceptual and practical challenges that researchers face in order to better inform the way whistleblowing is understood and confronted by organizations, regulatory authorities and governments.Featuring contributions from scholars and policy practitioners in a number of diverse fields - including sociology, political science, psychology, information systems, media studies, business, management, criminology, public policy and several branches of law - the book provides a comprehensive guide to existing research and blueprints for how new research should be conducted in the future. It covers conceptual and definitional fundamentals of whistleblowing and strategies for researching whistleblowing in an organizational context, as well as law reform, regulation, management practicalities and research ethics. It also charts the lessons of 30 years of empirical research and maps out new questions and projects for future decades.This Handbook, with its unique perspective on the complex, multi-faceted and often controversial nature of whistleblowing research, will be a vital resource for researchers, policymakers and organizations around the world.Contributors: B. Bjørkelo, R. Bosua, A.J. Brown, H.H. Bye, K. Crow, T. Devine, S. Dreyfus, T. Morehead Dworkin, B. Edwards, B. Fasterling, T. Faunce, P. Harpur, R. Lederman, D. Lewis, J. Leys, K. Loyens, J. Maesschalck, B. Martin, D.P. Meyer, M.P. Miceli, S. Milton, R. Moberly, F.M. Morgan Jr, J.P. Near, T. Nikolic, J. Olsen, M.T. Rehg, P. Roberts, M. Skivenes, R. Smith, J. Spencer, M. Spencer, S.C. Trygstad, E. Tsahuridu, T. Uys, W. Vandekerckhove, S. Walden, C. Wheeler, J. ZuckermanTrade Review‘This Handbook is testament to the value of whistleblowing for democracy, with new research and existing knowledge probed with fresh and urgent questions. What is the impact of global technology on public accountability, journalism and whistleblower protection? If indifference is what really matters, is focus on retaliation misplaced? What stops those in authority from heeding whistleblowers? A vital resource for anyone fighting to protect whistleblowers anywhere to better articulate whose interests are really at stake and what needs to be done.’ -- Anna Myers, lawyer and Expert Coordinator of the Whistleblowing International Network (WIN)‘The International Handbook on Whistleblowing Research offers a thorough and thoughtful examination of current approaches to research regarding this important topic. The editors have included the viewpoints of highly regarded researchers from a number of different fields, including the social sciences, business, and law. Unlike some collections of comments by experts in diverse fields, the editors have created a coherent and useful structure for an analysis of the status of whistleblowing research, the appropriate design for such research and its practical applications. The book casts new light on many topics crucial to the success or failure of whistleblower laws. Researchers, activists, policy makers and anyone interested in understanding whistleblowing and improving laws that encourage and protect it should read this indispensable work. A “who’s who” of the field and a depository of insights and ideas.’ -- Robert Vaughn, American University Washington College of Law, US‘There is little doubt that policy makers worldwide, as well as practitioners, will greet the publication of this book with enthusiasm.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents Introduction 1. Whistleblowing, its Importance, and the State of Research David Lewis, A.J. Brown and Richard Moberly PART I: RESEARCH FUNDAMENTALS 2. Understandings of Whistleblowing: Dilemmas of Societal Culture Wim Vandekerckhove, Tina Uys, Michael T. Rehg and A.J. Brown 3. Outsider ‘Whistleblowers’: Conceptualizing and Distinguishing ‘Bell-Ringing’ Behavior Marcia P. Miceli, Suelette Dreyfus and Janet P. Near 4. Wrongdoing: Definitions, Identification and Categorizations Marit Skivenes and Sissel C.Trygstad 5. Whistleblowing Duties Jos Leys and Wim Vandekerckhove 6. On the Appropriateness of Research Design: Intended and Actual Whistleblowing Brita Bjørkelo and Hege Høivik Bye 7. Whistleblowing and Power Kim Loyens and Jeroen Maesschalck PART II: ORGANISATIONAL CULTURE AND RESPONSIVENESS 8. Reporting Versus Inaction: How Much Is There, What Explains the Differences and What to Measure Jane Olsen 9. Motivations for Whistleblowing: Personal, Private and Public Interests Peter Roberts 10. Whistleblowers and Suffering Rodney Smith 11. Going Public: Researching External Whistleblowing in a New Media Age Rachelle Bosua, Simon Milton, Suelette Dreyfus, Reeva Lederman 12. ‘To Persons or Organizations That May Be Able to Effect Action’: Whistleblowing Recipients Richard Moberly 13. Managerial Responsiveness to Whistleblowing: Expanding the Research Horizon Wim Vandekerckhove, A J Brown, Eva Tsahuridu PART III: RESEARCH IN ACTION 14. Whistleblower Protection – A Comparative Law Perspective Björn Fasterling 15. The Key to Protection: Civil and Employment Law Remedies David Lewis, Tom Devine, Paul Harpur 16. Because They Have Evidence: Globalizing Financial Incentives for Corporate Fraud Whistleblowers Tom Faunce, Kim Crow, Tony Nikolic, Frederick M. Morgan, Jr. 17. When it All Goes Bad: Criminal Remedies Maureen Spencer and John Spencer 18. Whistleblower Protection in International Governmental Organizations Shelley Walden and Bea Edwards 19. Whistleblower Support in Practice: Towards an Integrated Research Model A J Brown, Daniel P Meyer, Chris Wheeler, Jason Zuckerman Conclusions 20. Research That Whistleblowers Want – And What They Need Brian Martin 21. Strategic Issues in Whistleblowing Research Wim Vandekerckhove, A J Brown, Richard Moberly and David Lewis Index

    2 in stock

    £218.00

  • The Successes and Failures of Whistleblower Laws

    Edward Elgar Publishing Ltd The Successes and Failures of Whistleblower Laws

    2 in stock

    Book Synopsis'A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws.'- A.J. Brown, Griffith University and Transparency International Australia'Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years.'- Richard Moberly, University of Nebraska College of LawDrawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures.The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century.This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.Contents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues - New Controversies IndexTrade ReviewThe Successes and Failures of Whistleblower Laws is carefully argued and comprehensively referenced. It is the work of a lawyer in its attention to detail and precedent, but it accessible to non-lawyers who are willing to put in the effort. It is a long book, and most impressive in it exposition of arguments and evidence for and against various facets of whistleblower legislation. Anyone who puts in significant effort promoting whistleblower laws - for example, writing to or talking with politicians - can benefit from studying relevant parts of the book. --Brian Martin, The WhistleIf you're a lawyer, academic, student, or someone who is fascinated by this continuingly fascinating subject, you should enjoy this book. It covers all pertinent aspects of whistleblower laws from various perspectives, societal as well as legal and includes actual stories of whistleblowers... Exciting, topical, as well as precisely analytical, this book examines a vast range of incidents and issues related to whistleblowing. It will appeal not just to practitioners and other professionals, but to a wider public internationally... It may well be destined to become a classic. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineVaughn provides a first-rate account of decades of successes and failures. There is nothing else like it. --James McRitchie, Corporate GovernanceTable of ContentsContents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues —New Controversies Index

    2 in stock

    £35.10

  • The Sustainability of the European Social Model:

    Edward Elgar Publishing Ltd The Sustainability of the European Social Model:

    2 in stock

    Book SynopsisThe response of European Union institutions to the Eurocrisis demonstrated their fragile and failing commitment to the role of social policy in advancing European economies and societies. The present volume, exploring the positive scope for such policies, is therefore timely and welcome. While sharply critical of much of what goes on at both EU and several national levels, the authors are constructive in tone and point the way to sustainable alternatives to neoliberalism.'- Colin Crouch, University of Warwick, UK and External Scientific Member, Max Planck Institute for the Study of Societies, Cologne, GermanyHighly valued by its citizens, the European social model is a defining feature of Europe and the European Union yet is under threat from the effects of both globalisation and the aftermath of the financial crisis. The Sustainability of the European Social Model addresses this issue in light of the current crisis that changed the landscape. It examines how social Europe responds to uncertainties that affect its development from a range of different disciplinary perspectives.The book begins by analysing interactions between EU law and national policies from a comparative perspective, highlighting the legal, social and institutional complexities that constrain the development of 'social Europe' It assesses the sustainability of EU law and policies in the areas of pensions and employment policy and then focuses on two crucial areas of EU social policy: the regulations on working time and the provisions of social services of general interest. The expert contributors compare the experiences of a range of Member States (and also bring in external comparison) to explore topics such as ageing, job quality, social protection and employment policies, social dialogue and the relationship between the various methods of European policymaking such as the 'community method' and the Open Method of Co-ordination. The analyses show that sustainability of the European social model will depend heavily on addressing failings in European governance.Insightful and comprehensive, this book is a detailed and timely resource for academic researchers. Its practical, policy-oriented insights into important issues in social and employment policy, as well as into European policymaking itself, will also be of great interest to practitioners and policymakers.Contributors: J.-C. Barbier, I. Begg, F. Colomb, C. Erhel, J. Gautié, B. Gazier, M. Hartlapp, M. Keune, A. Koukiadaki, P. Marginson, N. Ramos Martín, R. Rogowski, T. Sirovátka, E. Sol, M. van der VosTrade Review‘The response of European Union institutions to the Eurocrisis demonstrated their fragile and failing commitment to the role of social policy in advancing European economies and societies. The present volume, exploring the positive scope for such policies, is therefore timely and welcome. While sharply critical of much of what goes on at both EU and several national levels, the authors are constructive in tone and point the way to sustainable alternatives to neoliberalism.’ -- Colin Crouch, University of Warwick, UK and Max Planck Institute for the Study of Societies, Germany‘In summary, this collective research has the merit of giving the reader a broad vision of the state of EU influence on specific aspects of social law and redistributive policies. The usefulness of the book is increased by a complete Table of Cases and a well-structured Index. This book is undoubtedly valuable for academics and lawyers interested in the evolution of EU social and economic integration.’ -- Common Market Law ReviewTable of ContentsContents: The Sustainability of the European Social Model Jean-Claude Barbier, Ralf Rogowski and Fabrice Colomb PART 1 EU LAW AND GOVERNANCE OF SOCIAL AND EMPLOYMENT POLICIES 1. The Janus Face of EU Law - A Sociological Perspective on European Law Making and its Influence on Social Policy in the EU Jean-Claude Barbier and Fabrice Colomb 2. EU Governance of Sustainable Development: Social and Environmental Policies Iain Begg 3. European Social Dialogue as Multi-level Governance: Towards more Autonomy and New Dependencies Paul Marginson and Maarten Keune 4. EU Governance on Ageing: Older, Wider and more Influential than the OMCs Miriam Hartlapp 5. In Search of a European Employment Strategy: The Construction of the ‘Job Quality’ Agenda as an Illustrative Case Christine Erhel, Jérôme Gautié and Bernard Gazier PART II THE REGULATION OF WORKING TIME IN EUROPE 6. Sustainability and Uncertainty in Governing European Employment Law - The Community Method as Instrument of Governance: The Case of the EU Working Time Directive Ralf Rogowski 7. The EU Working Time Directive in the Czech Republic Tomáš Sirovátka 8. The Unexpected Consequences of the Application of the EU Working Time Directive in France Fabrice Colomb 9. Governance of EU Labour Law: Implementation of the EU’s Working Time Directive in the Netherlands Els Sol and Nuria Ramos Martín 10. Implementation of the EU Working Time Directive in the United Kingdom Ralf Rogowski PART III SOCIAL SERVICES OF GENERAL (ECONOMIC) INTEREST IN EUROPE 11. Legal Uncertainty in Social Services: A Threat to National Social Protection Systems? Jean-Claude Barbier 12. Services of General Interest, State Aid and Social Housing in the Netherlands Els Sol and Mara van der Vos 13. The Impact of EU Regulation on Social Services of General Interest in the United Kingdom Aristea Koukiadaki 14. Social Services of General Interest in the Czech Republic: Towards Poorly Regulated Markets Tomáš Sirovátka 15. Social Services of General Interest in France: The Uncertain Impact of the Increasing Reach of EU Law Jean-Claude Barbier Index

    2 in stock

    £126.00

  • Research Handbook on the Economics of Labor and

    Edward Elgar Publishing Ltd Research Handbook on the Economics of Labor and

    Book SynopsisEstlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.'- Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, USThis Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law.In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume's 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims.Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.Contributors: R. Arnow-Richman, S. Deakin, Z.J. Eigen, R.A. Epstein, C.L. Estlund, S. Estreicher, B.T. Hirsch, A. Hyde, S. Issacharoff, C. Jolls, B.E. Kaufman, M.M. Kleiner, B.I. Sachs, E. Scharff, S.J. Schwab, M.L. Wachter, D. WeilTrade Review... if you are involved in any way with matters pertaining to trades union and/or employment legislation, you'll find this book an enlightening read... The book certainly offers interesting perspectives on employee-employer relationships, often a fraught and politically divisive subject, which is why you should read it. The extensive footnoting, reams of references and the detailed index provide any number of avenues for further research. --- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: PART I: FOUNDATIONS 1. Introduction: The Economics of Labor and Employment Law Cynthia L. Estlund and Michael L. Wachter 2. Neoclassical Labor Economics: Its Implications for Labor and Employment Law Michael L. Wachter 3. Economic Analysis of Labor Markets and Labor Law: An Institutional/Industrial Relations Perspective Bruce E. Kaufman PART II: UNIONS AND COLLECTIVE BARGAINING 4. Unions, Dynamism, and Economic Performance Barry T. Hirsch 5. Union Organizing and the Architecture of Employee Choice Benjamin I. Sachs 6. The Deserved Demise of EFCA (and Why the NLRA Should Share its Fate) Richard A. Epstein 7. Evaluating the Effectiveness of National Labor Relations Act Remedies: Analysis and Comparison with Other Workplace Penalty Policies Morris M. Kleiner and David Weil 8. The Union as Broker of Employment Rights Stewart J. Schwab PART III: EMPLOYEE RIGHTS AND EMPLOYER MANDATES 9. Bias and the Law of the Workplace Christine Jolls 10. From Just Cause to Just Notice in Reforming Employment Termination Law Rachel Arnow-Richman 11. The Law and Economics of Employment Protection Legislation Simon Deakin 12. Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence Alan Hyde 13. Antidiscrimination in Employment: The Simple, the Complex, and the Paradoxical Samuel Issacharoff and Erin Scharff 14. The Forum for Adjudication of Employment Disputes Samuel Estreicher and Zev J. Eigen PART IV: CONCLUDING PERSPECTIVES 15. The Striking Success of the National Labor Relations Act Michael L. Wachter 16. Why Workers Still Need a Collective Voice in the Era of Norms and Mandates Cynthia L. Estlund Index

    £46.50

  • Research Handbook on Intellectual Property and

    Edward Elgar Publishing Ltd Research Handbook on Intellectual Property and

    Book SynopsisThis comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.Leading academic experts examine the most crucial building blocks of the regulation of employee IP, such as authorship, inventorship and creatorship, as well as individual, corporate and collective works. Chapters focus on US and European law, but also offer insights from Chinese, Japanese and Korean law. The Research Handbook also tackles new and developing global challenges in the field, including labour mobility, trade secrets, non-compete clauses, university employees, cross-border business matters, and choice of law issues.Scholars and students in both IP and labour law, and particularly those working at the intersection of these fields, will find this Research Handbook invaluable. It will also provide important insights for legislators, business practitioners and university management.Trade Review'This Handbook is a very welcome detailed treatment of the most pressing issues in the intersection between IPRs and Employment Law. With a global approach it explores how IPRs today are essential instruments, not only between competitors, but equally in relation to employees. It is a must-read for policy-makers, practicing lawyers, managers and students wishing to understand the many elements of incentivizing, regulating and managing employees performing innovative work.' -- Bengt Domeij, Uppsala University, Sweden'Moderna, Pfizer, Tesla, Amazon, and so many other corporate household names provide us with impressive new developments in technology that, literally, keep humanity going and alive. But inside the glitzy buildings of these firms work thousands of minds creating and discovering for the benefit of humankind - and their company’s shareholders. Many other firms and workers collaborate in these endeavors through various forms of contracting arrangements that span the globe, some of which are fairer than others. Corporate, employee, and social interests don’t always gel. So, around the creative and scientific work lies a global institutional architecture trying to keep things together. It includes intellectual property and labor laws. But given the fast-paced changes in technology and innovation, these areas of law are constantly trying to catch up. Remaining empirically valid - up with the times - is hard work. Experts in each body of law need to work in their specialized fields, but also together. The goals are to promote new and better incentives for creative and scientific work, with equity in mind, all at a global scale. This book contributes with this endeavor. It brings together an international collection of experts in these two legal fields. They ground the larger community of researchers in an urgent agenda for better, global matches between labor law and intellectual property law that can help reconcile the corporate, employee, and social interests at stake.' -- César F. Rosado Marzán, University of Iowa College of Law, USTable of ContentsContents: Preface viii PART I FOUNDATIONS OF EMPLOYEE INTELLECTUAL PROPERTY – HISTORICAL AND METHODOLOGICAL PERSPECTIVES 1 Foundations of labour and IP law 2 Niklas Bruun and Marja-Leena Mansala 2 The role of the employee–inventor and the institutional development of technology-based business 49 Ulf Petrusson 3 Knowledge economy, changing employment relations, and intellectual property issues 98 Alan Hyde PART II REGULATORY INTELLECTUAL PROPERTY FRAMEWORK 4 Regulatory development in different fields of IP 113 Marja-Leena Mansala and Niklas Bruun 5 Concepts of authorship and their relevance to IP entitlement – personalist vs entrepreneurial approaches 132 Antoon Quaedvlieg 6 The curious contrast between corporate authorship and inventorship in the United States 174 Sean M. O’Connor 7 Collective works in French law 202 Sylvie Nérisson and Stéphanie Le Cam 8 Fairness for all – employee inventions between contract and legislation in Korea and Japan 217 Nari Lee 9 The interface between employment law and enforcement, remedies and sanctions 246 Trevor Cook 10 Comparative perspectives on employee inventions: Chinese developments compared with European, Asian and US models 263 Liguo Zhang PART III GLOBALIZATION AND NEW CHALLENGES 11 Cross-border business matters and choice of law 293 Paul Torremans 12 Academic employees in universities: who can exploit their intellectual property? 326 Ann L. Monotti 13 Knowledge mobility, trade secrets and non-competes: lessons from the common law tradition 361 William van Caenegem Index

    £172.00

  • Getting Women on to Corporate Boards: A Snowball

    Edward Elgar Publishing Ltd Getting Women on to Corporate Boards: A Snowball

    2 in stock

    Book SynopsisThis is an extremely insightful book on an important and timely topic - how to get women on to corporate boards. I am proud to have been a part of the discussion and processes presented in this book, and I am impressed by how the editors have put together a systematic and comprehensive overview of the snowball effects of the Norwegian gender balance law. This book will definitely be influential when policy-makers and politicians in various countries are considering voluntary actions or legal regulations to empower women in corporate life.'- Kjell Magne Bondevik, Director, Oslo Centre for Peace and Human Rights and Former Prime Minister of Norway (1997-2000 and 2001-2005)'This book provides significant and important insight into the continuing challenge in getting more women on to corporate boards globally. Catalyst has always believed that competing in a global economy requires that companies leverage the talents of both men and women leaders. This book's evidence-based reflections about gender balance in the boardroom, from Norway and beyond, help further the dialogue on this important business issue.'- Ilene H. Lang, President and CEO, CatalystThis book provides unique insights into how the idea of quota laws to get women on to corporate boards gained international momentum from its origins in Norway. Invaluable insights are gained through the stories of actors involved in shaping the discourse and practice on women of boards.In exploring political contexts, the role of the advocacy movement, experiences of women directors themselves and latest research findings, the contributors provide a comprehensive overview of the rationales, processes and outcomes of formal approaches to gender diversity on boards. Drawing on insights from political, business and academic actors, the book discusses how and why the Norwegian law on gender equality on corporate boards is turning into a blueprint for action internationally.Getting Women on to Corporate Boards will prove an invaluable resource for policy-makers, principle-setters, practitioners and students interested in the international lessons from Norway, as well as for current and potential female directors.Contributors: K. Bergstø, H. Bjørkhaug, A. Bolsø, M. Brogi, A.D. Bührmann, L. Dåvøy, C. Finocchi Mahne, H. Foust-Cummings, K. Hansen, V. Heidenreich, E. Hurvenes, M. Huse, G. Ladegård, M. Lütken, S. Machold, D.P. Moore, I.R. Myhre, N.H. Nergaard, V. Reding, M. Schulz-Strelow, R. Sealy, C. Seierstad, S.Ø. Sørensen, E.G. Standal, M. Torchia, S. Vinnicombe, D. Weber-Rey, C. Wetli, T. WidveyTrade ReviewThis slim but informative volume contains contributions from practitioners, policy-makers, principle-setters, advocacy groups and researchers on gender balance in the boardroom, the outcomes of the Norwegian quota law and its snowball effects in other countries...The book contains personal stories and research from around the world. . . The stories of the Norwegian pioneers were of most interest to me, providing color and a clearer picture of what was involved - more than any piece of statistical research can deliver. However, the book also has much to offer to Americans and others who must argue not for justice but bottom line performance...Whether you are interested in micro or macro issues of economics, politics or justice - it delights. --James McRitchie, CorpGov.netTable of ContentsContents: Introduction Morten Huse and Marina Brogi PART I: THE NORWEGIAN POLITICAL BACKGROUND 1. The Political Process Behind the Gender Balance Law Morten Huse 2. Women on Board Laila Dåvøy 3. Women Mean Business: Why and How Norway Legislated Gender Balance on the Boards of Listed Companies Kirsti Bergstø 4. Concluding Remarks to Part I Morten Huse PART II: NORWEGIAN AND INTERNATIONAL ADVOCACY 5. Institutionalizing Women’s Representation on Boards: An Introduction to the Advocacy Movement Silke Machold 6. Competence at Board Level: The Norwegian Case Elbjørg Gui Standal 7. Professionalizing Boards: The Work of the Professional Boards Forum Elin Hurvenes 8. The Swiss Case of Women on Boards of Directors Christine Wetli 9. Boards and Role Models for Supporting the Climb Upwards: Italy and Women Corporate Directors (WCD) Cristina Finocchi Mahne 10. Research and Considerations Regarding Women on Boards Heather Foust-Cummings 11. Concluding Remarks to Part II Silke Machold PART III: NORWEGIAN BOARD MEMBERS: STORIES FROM THE FIELD 12. Characteristics and Background of the Norwegian Women Directors Morten Huse 13. Stories from Four Norwegian Multi-board Women Nini Høegh Nergaard, Merete Lütken, Thorhild Widvey, Ingvild Ragna Myhre and Morten Huse 14. Concluding Remarks to Part III Morten Huse PART IV: LESSONS FROM RESEARCH ON GENDER ON BOARDS 15. Women on Boards: What We Know, What We Do Not Yet Know and How We Should Further Advance Knowledge Katrin Hansen 16. Women on Boards: The United States in a Global Comparison Dorothy Perrin Moore 17. Consequences of the Norwegian Gender Quota Regulation for Public Limited Company Boards Vibeke Heidenreich 18. Women Directors and Corporate Innovation: A Critical Mass Perspective Mariateresa Torchia 19. Gender-balanced Corporate Boards Agnes Bolsø, Hilde Bjørkhaug and Siri Øyslebø Sørensen 20. Gender Quotas on Corporate Boards in Norway, Necessary But Not Ideal Cathrine Seierstad 21. Legitimacy, Inclusion and Influence: Investigating Women Directors’ Board Experiences Gro Ladegård 22. Lessons from Previous Research on Women on Board for Future Research Andrea D. Bührmann 23. Concluding Remarks to Part IV Katrin Hansen PART V: POLICY IMPLICATIONS AT THE INTERNATIONAL LEVEL 24. Policy Approaches to Gender Diversity on Boards: An Introduction to Characteristics and Determinants Silke Machold and Katrin Hansen 25. Women on Boards: Lessons Learnt from Norway Monika Schulz-Strelow 26. Professionalization on the Supervisory Board, Diversity and Women Daniela Weber-Rey 27. Italy’s Lessons Learnt from Norway Marina Brogi 28. Women on Boards in the UK: Accelerating the Pace of Change? Ruth Sealy and Susan Vinnicombe 29. Winning the Board Game: Europe’s Economy Needs More Women in Business Viviane Reding 30. Concluding Remarks to Part V Katrin Hansen and Silke Machold Conclusions Katrin Hansen and Silke Machold Index

    2 in stock

    £29.95

  • Multinational Human Resource Management and the

    Edward Elgar Publishing Ltd Multinational Human Resource Management and the

    2 in stock

    Book Synopsis'This volume presents precisely the types of problems facing HR professionals in multinational corporations and reveals the many challenges of bridging across cultures and legal systems.'- Howard Salazar, Manager of HR Operations, Harley-Davidson Motor Company, US'In aligning human resource management with the legal requirements in different countries, multinational corporations have to simultaneously stay true to their corporate culture and honor the distinct cultures where they do business. This volume provides deep insights for navigating this terrain in the 21st Century.'- Pat Canavan, Senior Vice President for Global Governance, Motorola Corporation (retired), US'Leading a global HR function requires a deep appreciation of many cultures and laws, which are at the center of this important new book. Organizing the learning around tangible problems is a great approach - valuable for experienced practitioners and newly appointed HR professionals alike.'- Cheri Alexander, Vice President, HR International Operations, General Motors (retired), USMultinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries - Australia, Brazil, Germany, Japan and the United States.The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world.Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.Trade Review'HR professionals at multi-national employers need to understand the legal and employment context of the countries that they do business in - particularly the differences. In this book, key issues are presented via case problems across five of the major global economies, building the comparative and critical thinking skills which are essential to an effective HR leader operating in any country.' --Andrew Bartlow, HR Director, Apollo Group, US'The great merit of this book is, in my view, the problem oriented approach which forces the authors of the different countries to focus on the same factual situation and put it into the legal context of each country. Thereby, it becomes possible to show that the legal instruments may differ very much in each country. . . In this respect the book not only fills a gap but provides an important innovation.' --Manfred Weiss, Goethe University, Frankfurt am Main, Germany'The problem-solving approach adopted in this book makes it an excellent teaching and learning tool for human resource managers and their lawyers in multinational corporations. The notes, questions and comments should stimulate research and wider discussion of key issues in modern employment law and practice.' --Professor Sir Bob Hepple QC, University of Cambridge, UKTable of ContentsContents: PART I: INTRODUCTION A. Sketches of the Labor and Employment Law Systems B. Some Demographic Context PART II: EMPLOYEE VOICE: COLLECTIVE BARGAINING, CO-DETERMINATION, INFORMATION SHARING AND CONSULTATION Introduction Directive 2002/14 EC Problem 1: Collective Bargaining and a New ‘Greenfield’ Facility Problem 2: Restructuring Workplace Operations Problem 3: Consultation on ‘Eco-friendly’ Issues PART III: DISCRIMINATION IN EMPLOYMENT Problem 4: Shift to Part-time Workers A Note on the Casualization of Work Problem 5: Request to Pray Three Times a Day Problem 6: Hiring a Woman Who is Pregnant PART IV: PRIVACY, DIGNITY, AND AUTONOMY A Note on the Concept of Personality Problem 7: Background Checks Problem 8: Video Cameras and Monitoring in the Workplace A Note on ‘Data Protection’ Directive 95/46 EC Problem 9: Dating Policy A Note on Dignity: The Case of Captive Audition PART V: WRONGFUL DISCHARGE A Note on Wrongful Discharge Litigation Problem 10: Outsourcing Abroad Problem 11: 54-year Old ‘Underperforming’ Salesman Problem 12: Critical Blog Comments Posted by an Employee Problem 13: Confidential Securities Hotline A Concluding Note on Alternate Dispute Resolution PART VI: COMPENSATION AND BENEFITS ADMINISTRATION Problem 14: Share Ownership and Common Supplementary Pension Scheme Problem 15: Pay for Members of a Virtual Team Problem 16: Government Imposed Executive Compensation Restrictions Problem 17: Non-competition and Confidentiality Agreement PART VII: GLOBAL SUPPLY CHAINS AND LABOR STANDARDS Problem 18: Requested Waiver of Inspections Problem 19: Global Safety Problem 20: Zero Tolerance Policy Problem 21: Signing an International Framework Agreement PART VIII: IN LARGER COMPARATIVE CONTEXT A. Legal Origin, Legal Family B. Legal Culture C. Political Economy: Varieties of Capitalism D. National Values E. Legal Transmission and Transplantation F. The Diffusion of Corporate Culture and Managerial Practice G. Implications for Policy and Practice Index

    2 in stock

    £40.80

  • Research Handbook on Transnational Labour Law

    Edward Elgar Publishing Ltd Research Handbook on Transnational Labour Law

    2 in stock

    Book SynopsisThe 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. Bensusán, 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. López López, 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.ZimmerTrade Review'The chapters in this thoroughly useful reference book on current developments and challenges in TLL provide very thoughtful, up-to-date and "to the point" commentary and insights.' --Alan Boulton, Monash University and Fair Work Commission, Australia'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.' --Sir Bob Hepple QC FBA, University of Cambridge, UKTable of ContentsContents: 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

    2 in stock

    £241.00

  • Labor Standards in International Supply Chains:

    Edward Elgar Publishing Ltd Labor Standards in International Supply Chains:

    1 in stock

    Book SynopsisThe authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers.Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics.This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.Trade Review'Exhibiting a refreshing disregard for industry-approved narratives about labor rights, in which progress flows from the spigot of an espresso machine at a 'corporate social responsibility' seminar, the authors focus with precision on the factors that actually determine labor rights outcomes: the economic interests of global brands, and their suppliers, and how these are mediated by governments' regulatory choices and by the efforts of workers and allied groups to make brands pay a reputational price for the labor abuses they help create. Readers will better understand why early 20th century working conditions still exist in the 21st - and what might be done about it.' --Scott Nova, Executive Director, Worker Rights ConsortiumTable of ContentsContents: 1. Introduction 2. The Worlds Brands Create 3. Aligning Interests Across Global Supply Chains: An Analytic Framework 4. The International Framework for Labour Standards 5. Labor Standards Around the World: A Quantitative Examination 6. The United States in the Struggle for Labor Standards 7. Apparel Production in Honduras: A Case of Cross-cluster Alignment 8. Apparel Production in Bangladesh: Opportunity Amidst Tragedy? 9. Labor Resistance and Local Government – Supplier Collusion in Post-1986 China 10. Conclusion Index

    1 in stock

    £90.00

  • Labor Standards in International Supply Chains:

    Edward Elgar Publishing Ltd Labor Standards in International Supply Chains:

    Book SynopsisThe authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers.Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics.This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.Trade Review'Exhibiting a refreshing disregard for industry-approved narratives about labor rights, in which progress flows from the spigot of an espresso machine at a 'corporate social responsibility' seminar, the authors focus with precision on the factors that actually determine labor rights outcomes: the economic interests of global brands, and their suppliers, and how these are mediated by governments' regulatory choices and by the efforts of workers and allied groups to make brands pay a reputational price for the labor abuses they help create. Readers will better understand why early 20th century working conditions still exist in the 21st - and what might be done about it.' --Scott Nova, Executive Director, Worker Rights ConsortiumTable of ContentsContents: 1. Introduction 2. The Worlds Brands Create 3. Aligning Interests Across Global Supply Chains: An Analytic Framework 4. The International Framework for Labour Standards 5. Labor Standards Around the World: A Quantitative Examination 6. The United States in the Struggle for Labor Standards 7. Apparel Production in Honduras: A Case of Cross-cluster Alignment 8. Apparel Production in Bangladesh: Opportunity Amidst Tragedy? 9. Labor Resistance and Local Government – Supplier Collusion in Post-1986 China 10. Conclusion Index

    £29.40

  • Research Handbook on EU Labour Law

    Edward Elgar Publishing Ltd Research Handbook on EU Labour Law

    Book SynopsisGlobalization of the economy and increased integration in Europe has led to a stronger focus on EU labour, employment and equality law. The Research Handbook on EU Labour Law draws together contributions from leading academics in this field at an important historic moment in its development. As well as assessing the 'state of the art', they identify key research questions for the future.Split into four distinct parts, this Handbook provides a comprehensive examination of the major topics in EU labour, employment and equality law. Part one addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. The subsequent parts offer in-depth treatments of specific topics: part two focuses on various issues in individual and collective labour law at EU level, including working time and job security; part three provides an analysis of collective labour law, including its implications for trade unions and industrial democracy; and part four explores the EU's interventions in equality law, considering its impact across a range of different protected characteristics.Contemporary and far-reaching, the Research Handbook on EU Labour Law will prove to be an unrivalled reference work for academics and scholars seeking further understanding of EU labour, employment and equality law as well as further direction for ongoing research. Practitioners and policy-makers will also find it useful as a source of policy evaluation and theoretical perspectives.Contributors include: D. Ashiagbor, N. Bamforth, C. Barnard, A. Bogg, N. Busby, C. Costello, N. Countouris, A.C.L. Davies, R. Dukes, P. Eeckhout, S. Fredman, M. Freedland, A. Koukiadaki, A. Lawson, V. Mantouvalou, W. Njoya, C. O'Cinneide, J. Prassl, I. Solanke, K. Strauss, P. Syrpis, L. Vickers, L. WaddingtonTrade Review'This Handbook brings together the expertise of an impressive array of scholars. Not only does the volume offer coverage of a broad range of key issues in contemporary European labour law, but fresh ideas and original insights. This book provides essential and exciting reading in a dynamic field of enquiry and debate.' --Tonia Novitz, University of Bristol, UK'Labour law in the EU has developed incrementally. Its shape and scope has long been the subject of vigorous inquiry at the interface of law, politics and economics. Today its role is, if anything, even more keenly contested, as commitments to fundamental rights clash with political programmes stamped with austerity and deregulation. This rich collection does an extraordinarily fine job of tracing the rhythms and purposes of labour market regulation in the EU.' --Stephen Weatherill, University of Oxford, UK'The editors of the Research Handbook on European Labour Law have brought together, and enhanced with their strong introduction, a series of thoughtful contributions. The Handbook underscores the wide range of areas relevant to understanding the EU's influence on contemporary labour law in Europe, by both evaluating the evolving social acquis and stressing the relevance of matters such as the migration acquis, euro-crisis and EU and Council of Europe fundamental rights protection for European labour law.' --Claire Kilpatrick, European University Institute, ItalyTable of ContentsContents: 1. Editors’ Introduction Alan Bogg, Cathryn Costello and A.C.L. Davies Part 1 Cross-Cutting Themes 2. The EU’s Role in Labour Law: An Overview of the Rationales for EU Involvement in the Field Phil Syrpis 3. The Interaction of EU Law and National Law: Between Myth and Reality Jeremias Prassl 4. The Legacy of the Economic Crisis for Labour Law in Europe Aristea Koukiadaki 5. The Role of the Social Partners Ruth Dukes and Catriona Cannon 6. The Role of the Court of Justice in Labour Law A.C.L. Davies, Alan Bogg and Cathryn Costello 7. The EU Charter of Fundamental Rights Nicole Busby 8. Accession of the EU to the ECHR: The Permeative Power of Human Rights Piet Eeckhout and Virginia Mantouvalou 9. The European Social Charter and EU Labour Law Colm O’ Cinneide Part II Individual Employment Law 10. Job Security and Flexicurity A.C.L. Davies 11. EU Law and the Regulation of ‘Atypical’ Work Nicola Kountouris 12. The Regulation of Working Time in Europe Alan Bogg 13. EU Migration and Asylum Law: A Labour Law Perspective Cathryn Costello Part III Collective Labour Law 14. The Calm After the Storm: Time to Reflect on EU (Labour) Law Scholarship Following the Decisions in Viking and Laval Catherine Barnard 15. The EU Framework of Information and Consultation: Implications for Trades Unions and Industrial Democracy Wanjiru Njoya Part IV: Equality 16. Pasts and Futures: EU Equality Law Sandra Fredman 17. Religion and Equality in Multicultural Workplaces: Human Rights and Anti-discrimination Discourses in EU Law Diamond Ashiagbor 18. A Method for Intersectional Discrimination in EU Labour Law Iyiola Solanke 19. The Unfinished Story of EU Disability Non-Discrimination Law Anna Lawson and Lisa Waddington 20. Discrimination on the Grounds of Sexual Orientation and Gender Identity Nicholas Bamforth 21. Age Discrimination and EU Labour Rights Law Mark Freedland and Lucy Vickers 22. Pension Systems and Labour Law in the EU Kendra Strauss Index

    £251.00

  • Economic and Social Integration: The Challenge

    Edward Elgar Publishing Ltd Economic and Social Integration: The Challenge

    10 in stock

    Book SynopsisThis well-researched book analyzes the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favors economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labor law, and welfare state theory. Undergraduate students in labor law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.Trade Review'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis - for example fiscal union - appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' --Michelle Everson, Birkbeck College, University of London, UK'Is there a ''European social space''? What is the place of ''social integration'' alongside ''economic integration'' in the EU? Has a ''socially embedded constitutionalism'' been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' --Norbert Reich, Universitat Bremen, Germany'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' --Tonia Novitz, University of Bristol, UKTable of ContentsContents: Introduction 1. Economic and Social Integration 2. EU Constitutional Law 3. The Trajectory of EU Constitutional Law 4. The EU’s Judicial Constitution after Enlargement 5. Economic and Social Integration Under the EU’s Normative Constitution Bibliography Index

    10 in stock

    £40.95

  • Leaks, Whistleblowing and the Public Interest:

    Edward Elgar Publishing Ltd Leaks, Whistleblowing and the Public Interest:

    Book SynopsisApplying a comparative analysis on law and practices, combined with extensive data, this book considers the legal consequences for public servants who make unauthorised disclosures of official information and the protections available for whistleblowers.The author provides an in-depth treatment of the law of unauthorised disclosures in the UK to explore the protections available and discusses the theoretical and legal justifications for the making of disclosures, as well as the arguments for maintaining official secrecy. The book discusses the legal consequences of leaking information and a full assessment of the authorised alternatives, providing recommendations for reform throughout. This book will be of interest to academics working on whistleblowing, as well as their students. The various recommendations provided in the book will be of use to whistleblowing NGOs, policymakers and Members of Parliament.Trade Review'Using his extensive knowledge and experience in the field, Dr Savage analyses the law relating to the protection of journalistic sources, considers the impact of secrecy laws and provides case studies from the UK Civil Service, Armed Forces and Security and Intelligence Services. These case studies examine not only the unauthorized routes to disclosure of information but also the official whistleblowing mechanisms. Importantly, the work considers not only what should happen to whistleblowers but also what should happen to the information.' --David Lewis, Middlesex University, London, UK'Ashley Savage's comprehensive analysis of the treatment of whistleblowers in the British civil service, the security services, and the military invites comparison and contrast to the treatment of comparable public employees in the United States. His legal analysis, examination of administrative practices under British law, and suggestions for reform provide insights for American readers examining our own laws. In particular, Savage's attention to freedom of expression under the European Convention on Human Rights reminds us of the human rights foundation for whistleblower protection.' --Robert G. Vaughn, American University, Washington College of LawTable of ContentsContents: Preface 1. Introduction 2. The Consequences of Making an Unauthorised Disclosure 3. Protection as a Journalistic Source 4. Legal Protections for Raising Concerns 5. Whistleblowing in the Civil Service 6. Whistleblowing in the Security and Intelligence Services 7. Whistleblowing in the Armed Forces 8. Final Observations Index

    £109.00

  • Comparative Labor Law

    Edward Elgar Publishing Ltd Comparative Labor Law

    Book SynopsisEconomic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions.The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like 'soft law' and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law.The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sánchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. TopoTrade Review'A monumental work of comparative labor law by an impressive group of international academics! This book highlights regional and cross-regional developments of contemporary labor law, clarifies the major trends and issues of labor law in the dynamically changing world, and discusses the new forms and framework of labor law emerging across continents. It presents rich reflections on the methodology of comparative labor law and addresses the very fundamental issues of globalized market economies.' --Kazuo Seguno, President, Japan Institute for Labour Policy and Training'This important book will be essential reading for all those who wish to understand the reasons for the continuing divergences and similarities between national systems of labor law in the age of modern globalisation and the growing influences of global competition, internationalisation and regionalisation on labor standards and processes. The authors not only provide new and sometimes provocative insights into traditional topics such as freedom of association, workers' representation and the personal contact of employment, but also newer areas such as workplace discrimination, privacy and new forms of contracting.' --Sir Bob Hepple, QC, FBA, University of Cambridge, UKTable of ContentsContents: Introduction to the Comparative Labor Law Handbook Guy Mundlak and Matthew Finkin PART I COMPARING LABOR LAW 1. The Rich Panoply of Sources of Labor Law: National, Regional and International Marilyn J. Pittard and Stuart Butterworth 2. Comparative Labor and Employment Law in Developed Market Economies: Fostering Market Efficiencies or Repairing Market Failures? Silvia Bonfanti, Cynthia Estlund and Nuno Garoupa 3. The Challenge to Comparative Labor Law in a Globalized Era Kerry Rittich and Guy Mundlak PART II THEMATIC COMPARISONS 4. The Subjects of Labor Law: “Employees” and Other Workers Guy Davidov, Mark Freedland and Nicola Kountouris 5. Who is an Employer? Luisa Corazza and Orsola Razzolini 6. Employee Autonomy, Privacy, and Dignity Under Technological Oversight Matthew W. Finkin, Rüdiger Krause and Hisashi Takeuchi-Okuno 7. Legal Protection for Employee Mobility Alan Hyde and Emanuele Menegatti 8. The Lasting Influence of Legal Origins: Workplace Discrimination, Social Inclusion and the Law in Canada, the United States and the European Union Kevin Banks, Roberta Nunin and Adriana Topo 9. Job Loss Joanna Howe, Esther Sanchez and Andrew Stewart 10. Freedom of Association Alan Bogg and K.D. Ewing 11. Employee Voice Outside Collective Bargaining Monika Schlachter and Achim Seifert PART III REGIONAL COMPARISONS 12. European Union Labour Law and the European Social Model: A Critical Appraisal Frank Hendrickx and Stefano Giubboni 13. Labor Law in Transition: From a Centrally Planned to a Free Market Economy in Central and Eastern Europe Erika Kovács, Nikita Lyutov and Leszek Mitrus 14. Building BRICS of Success? Sean Cooney, Darcy Du Toit, Roberto Fragale, Roger Ronnie and Kamala Sankaran Index

    £52.20

  • International Labour Law

    Edward Elgar Publishing Ltd International Labour Law

    3 in stock

    Book SynopsisThis timely research review provides a comprehensive discussion of seminal articles analyzing and debating current key topics in the field of international labour law. In particular, the review focuses on the central role of the International Labour Organization (ILO) in the adoption and enforcement of labour standards, as well as the normative content of ILO Conventions forming the basis for the ILO Declaration on Fundamental Principles and Rights at Work. Professor Fick also pinpoints important articles which critically consider non-ILO mechanisms for enforcing labour standards assessing their effectiveness and practicality as well as scholarship reflecting on the future of international labour law and how it is impacted by the ILO Declaration, the dialogue on human rights and changes in the nature of the labour market in a global economic system. Table of ContentsContents: Introduction Barbara J. Fick PART I THE ROLE OF THE ILO IN THE INTERNATIONAL LABOUR LAW REGIME 1. Laurence R. Helfer (2006), ‘Understanding Change in International Organizations: Globalization and Innovation in the ILO’, Vanderbilt Law Review, 59 (3), April, 649¬–726 2. Nicolas Valticos (1977), ‘Comparative Law and the International Labour Organization’, Comparative Labor Law, 2, 273–88 3. Francis Maupain (1999), ‘The Settlement of Disputes Within the International Labour Office’, Journal of International Economic Law, 2 (2), June, 273–93 4. Alfred Wisskirchen (2005), ‘The Standard-Setting and Monitoring Activity of the ILO: Legal Questions and Practical Experience’, International Labour Review, 144 (3), September, 253–89 5. Edward Weisband (2000), ‘Discursive Multilateralism: Global Benchmarks, Shame, and Learning in the ILO Labor Standards Monitoring Regime’, International Studies Quarterly, 44 (4), December, 643–66 PART II SUBSTANTIVE CONTENT OF THE CORE LABOUR RIGHTS 6. Harold Dunning (1998), ‘The Origins of Convention No. 87 on Freedom of Association and the Right to Organize’, International Labour Review, 137 (2), 149–67 7. Jane Hodges-Aeberhard (1989), ‘The Right To Organise in Article 2 of Convention No. 87: What is meant by Workers “Without Distinction Whatsoever”?’, International Labour Review, 128 (2), 177–94 8. Jane Hodges-Aeberhard and Alberto Odero de Dios (1987), ‘Principles of the Committee on Freedom of Association Concerning Strikes’, International Labour Review, 126 (5), September–October, 543–63 9. Lee Swepston (2013), ‘Crisis in the ILO Supervisory System: Dispute over the Right to Strike’, International Journal of Comparative Labour Law and Industrial Relations, 29 (2), 199–218 10. Bernard Gernigon, Alberto Odero and Horacio Guido (2000), ‘ILO Principles Concerning Collective Bargaining’, International Labour Review, 139 (1), March, 33¬–55 11. Henrik Karl Nielsen (1994), ‘The Concept of Discrimination in ILO Convention No. 111’, International and Comparative Law Quarterly, 43 (4), October, 827–56 12. Mike Kaye (2009), Forced Labour in the 21st Century, Anti-Slavery International and The International Confederation Of Free Trade Unions, 1–21 13. Breen Creighton (1997), ‘Combating Child Labour: The Role of International Labour Standards’, Comparative Labor Law Journal, 18, 362–96 14. Karl Hanson and Arne Vandaele (2003), ‘Working Children and International Labour Law: A Critical Analysis’, International Journal of Children’s Rights, 11 (1), 73–146 PART III ENFORCEMENT MECHANISMS OUTSIDE THE ILO 15. Margaret Levi, Christopher Adolph, Daniel Berliner, Aaron Erlich, Anne Greenleaf, Milli Lake and Jennifer Noveck (2013), ‘Aligning Rights and Interests: Why, When and How to Uphold Labor Standards’, Background Paper for the World Development Report, 1-38 16. Jan Martin Witte (2008), ‘The Potential and Limits of Codes of Conduct and Standards in Fostering Core Labor Standards’, in Realizing Core Labor Standards: The Potential and Limits of Voluntary Codes and Social Clauses. A Review of the Literature, Chapter 4, Eschborn, Germany: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, 52-76 17. Axel Marx and Jan Wouters (2013), ‘Redesigning Enforcement in Private Regulation – The Case of International Labor Governance’, Working Paper No. 126, Leuven Centre For Global Governance Studies, November, 1–20 18. Leyla Davarnejad (2011), ‘In the Shadow of Soft Law: The Handling of Corporate Social Responsibility Disputes Under the OECD Guidelines for Multinational Enterprises’, Journal of Dispute Resolution, 2011 (2), 351–85 19. Brian W. Burkett (2011), ‘International Framework Agreements: An Emerging International Regulatory Approach or a Passing European Phenomenon?’, Canadian Labor and Employment Law Journal, 16, 81–114 20. Renée-Claude Drouin (2010), ‘Promoting Fundamental Labor Rights through International Framework Agreements: Practical Outcomes and Present Challenges’, Comparative Labor Law and Policy Journal, 31 (3), 591–636 21. Jan Martin Witte (2008), ‘A Trade Lever? The Potential and Limits of Promoting Core Labor Standards through Social Clauses’, Realizing Core Labor Standards: The Potential and Limits of Voluntary Codes and Social Clauses. A Review of the Literature, Chapter 3, Eschborn, Germany: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, 23-50 22. Franz Christian Ebert and Anne Posthuma (2010), ‘Labour Provisions in Trade Arrangements: Current Trends and Perspectives’, ILO Discussion Paper 205, 1-35 23. Lance Compa and Jeffrey S. Vogt (2001), ‘Labor Rights in the Generalized System of Preferences: A 20-Year Review’, Comparative Labor Law and Policy Journal, 22 (2–3), 199-238 PART IV REFLECTIONS ON CORE LABOUR RIGHTS AND THE FUTURE OF INTERNATIONAL LABOUR LAW 24. Philip Alston (2004), ’“Core Labour Standards” and the Transformation of the International Labour Rights Regime’, European Journal of International Law, 15 (3), June, 457¬–521 25. Brian A. Langille (2005), ‘Core Labour Rights – The True Story (Reply to Alston)’, European Journal of International Law, 16 (3), June, 409–37 26. Kevin Kolben (2010), ‘Labor Rights as Human Rights?’, Virginia Journal of International Law, 50 (2), 449–84 27. Harry W. Arthurs (2012), ‘Making Bricks Without Straw: The Creation of a Transnational Labour Regime’, in Gráinne de Búrca, Claire Kirkpatrick and Joanne Scott (eds), Critical Legal Perspectives on Global Governance: Liber Amicorum David M. Trubek, Chapter 7, Oxford, UK: Hart Publishing, 129–42 Index

    3 in stock

    £387.00

  • Managing the Legal Nexus Between Intellectual

    Edward Elgar Publishing Ltd Managing the Legal Nexus Between Intellectual

    2 in stock

    Book SynopsisAs intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today's global business environment. And educators will find it an important reference for training future business leaders.'- Daniel R. Cahoy, Penn State University, USThe explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. Managing the Legal Nexus Between Intellectual Property and Employees: Domestic and Global Contexts highlights some of the most critical contemporary issues occurring at the intersection of intellectual property law, employment law, and global trade.In addition to the legal dimensions, the book tackles issues of strategy and decision-making for businesses. The contributors discuss the use of employment contracts to protect intellectual property, ownership of intellectual property created by employees, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation of trade secrets.The discussion of key topics in intellectual property law in the US and abroad makes this a valuable resource for both academics and practitioners worldwide. Business managers, government employees, and intellectual property owners will appreciate its timely and cutting-edge analysis.Contributors: R. Bird, N.C. Bishara, E. Brown, R.M. Lorentz, J.M. Magid, S. Marsnik, D. Orozc, L.J. Oswald, M. Pagnattaro, S. Park, J.D. Prenkert, C.M.C. WestphalTrade Review‘As intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today’s global business environment. And educators will find it an important reference for training future business leaders.’ -- Daniel R. Cahoy, Penn State University, USTable of ContentsContents: Introduction Lynda J. Oswald and Marisa Anne Pagnattaro PART I: PUBLIC POLICY CONSIDERATIONS 1. The Individual Liability of Corporate Officers Under Patent and Copyright Law Lynda J. Oswald 2. Employee-Created Health Care Innovation at a Crossroads Julie Manning Magid 3. Contracts for Knowledge Protection Across a Global Workforce Norman D. Bishara PART II: WORKPLACE RAMIFICATIONS 4. Certification Marks as Private Employment Regulation Jamie Darin Prenkert 5. The Intersection of Smartphone Technology and Fair Labor Standards Robert C. Bird PART III: GLOBAL INTERSECTIONS 6. Employee Misappropriation: Using Section 337 to Combat Trade Secret Theft Marisa Anne Pagnattaro and Stephen Kim Park 7. Reducing the Risk of Cross-Border Trade Secret Misappropriation Elizabeth A. Brown 8. Who Owns Employee Works? Pitfalls in a Globally Distributed Work Environment Susan J. Marsnik and Romain L. Lorentz 9. Patent Grant-Back Clauses in International License Agreements: A Survey and Ethical Analysis David Orozco 10. Political, Economic, and Public Policy Constraints on the Use of Human Resource Practices to Protect Intellectual Property in China and the United States Christine M. Westphal Index

    2 in stock

    £116.00

  • The Common Law Employment Relationship: A

    Edward Elgar Publishing Ltd The Common Law Employment Relationship: A

    Book SynopsisThe contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve. International employment law experts provide a comparative study of the contract of employment across three closely related common law jurisdictions: the UK, Australia and New Zealand. Adopting a thematic approach, they analyse the key facets of the common law of employment such as who is an employee, the implied duties of employees and the restraints on employee mobility. Examining the interaction between common law and domestic statutory law and the politics and labour relations systems, this book considers the legal variations for each jurisdiction and its response to new developments in employment. It addresses the capacity of the common law to respond to contemporary developments such as the `gig' economy and the increasingly intrusive surveillance of employees, both at work and in their private lives. Insightful and contemporary, this book will appeal to students and scholars of employment and contract law as well as those studying comparative law more widely. Practitioners involved in employment policy or employment litigation will also benefit from the wealth of up-to-date knowledge on common law trends and developments.Trade Review'The law of the employment contract and relationship has been and remains a very fruitful subject for comparative research and writing as between Common Law jurisdictions. Gordon Anderson, Douglas Brodie, and Joellen Riley have, by taking a deeply combined perspective upon this topic from Australia, New Zealand, and the United Kingdom, made a very significant and historically intelligent contribution to the existing literature.' --Mark Freedland, University of Oxford, UK'A masterful, comprehensive comparison - not lacking in normative content - of the commonalities and differences in judge-made employment law in Australia, New Zealand, and the United Kingdom, with occasional glances at Canada. It sweeps across the employment relationship exploring the intricate dialogue between courts and legislatures. Threaded throughout is the judicial treatment of managerial prerogative in the wake of legislative change. The book is a key source for students of comparative employment law.' --Matthew W. Finkin, University of Illinois at Urbana-Champaign, USTable of ContentsContents: Preface Table of Cases Table of Statutes 1. Introduction 2. Development and character of the contract of employment 3. Defining the employee 4. Changing and alternative modes of employment 5. Statutory and incorporated terms 6. Fairness of the bargain and allocation of risk 7. Fidelity, mutual trust and confidence and fair dealing 8. The work/personal interface 9. Employee mobility 10. Security in Employment 11. Common Law Remedies 12. Conclusions Index

    £100.00

  • Global Governance of Labour Rights: Assessing the

    Edward Elgar Publishing Ltd Global Governance of Labour Rights: Assessing the

    3 in stock

    Book SynopsisGlobal Governance of Labour Rights provides an outstanding collection of essays examining how international trade relations, trade agreements and non-state actors influence labour rights governance. This well-crafted, coherent, and thoughtful volume will make important contributions to the ongoing debates on the regulation and enforcement of labour rights.'- Aseem Prakash, University of Washington, Seattle, US'The Editors have managed to make, through this volume, a major contribution to the on-going discussion regarding the 'internationalization' of labour rights. Their single most important achievement is that they have produced a coherent 'whole' out of many heterogeneous parts. Both the intra-EU, as well as the international dimension, are skillfully debated in a volume that does not simply view the former as a hothouse for the latter, but discusses the interactions of the two orders in the most systematic way.'- Petros C. Mavroidis, Columbia Law School, New York City, US'This excellent collection of essays provides fresh transnational and critical perspectives on the often ignored topic of labour rights. Ugly reports of collapsed factories and buried workers, of slave-like conditions among migrants and children, continue to horrify readers and viewers worldwide. What can be done? This book contains some long-awaited answers.'- Thomas G. Weiss, The City University of New York's Graduate Center, US'The bulk of the world's governments and a growing number of firms now say they respect labour rights. Yet scholars, activists and policymakers have little understanding of the effectiveness of ILO conventions and government initiatives. In this important and well-written book, we get answers to many of the most pressing questions about how governments and private sector actors can advance labour rights and conditions. Kudos to Marx, Wouters, Rayp and Beke for a must-read book.'- Susan Ariel Aaronson, Research Professor of International Affairs and Director eBay policy scholars, Elliot School, GWUStories and images of collapsed factories, burned down sweatshops, imprisoned migrant workers, child workers and many other violations of internationally recognized labour rights continue to spread across the globe. This highly topical book examines the different instruments which are intended to protect labour rights on a transnational scale, and asks whether they make a difference.With perspectives from law, management, sociology, political science and political economy, the topics discussed include the protection of international labour rights in a globalizing economy, the EU's social dimension in its external trade relations, Asian and US perspectives on labour rights in international trade agreements, the role of (trade) unions in global labour governance and the transformative capacity of private labour governance regimes.Academics and advanced students from different disciplines will benefit from the up-to-date empirical material in this study. Policymakers, NGOs and Unions will find the discussions of the instruments used to protect labour rights of great value to their work.Contributors: L. Beke, R.C. Brown, R. Cörvers, Y. Dahan, J. Donaghey, P. Glasbergen, F. Hendrickx, D. Klink, S. Koch-Baumgarten, M. Kryst, H. Lerner, A. Marx, F. Milman-Sivan, A.-G. 'Tobi' Oshodi, P. Pecinovsky, C. Pekdemir, G. Rayp, J. Reinecke, J. Soares, W. Van Acker, L. Van den Putte, P. van der Heijden, S. Velluti, J. Wouters, R. ZandvlietTrade Review‘Global Governance of Labour Rights provides an outstanding collection of essays examining how international trade relations, trade agreements and non-state actors influence labour rights governance. This well-crafted, coherent, and thoughtful volume will make important contributions to the ongoing debates on the regulation and enforcement of labour rights.’ -- Aseem Prakash, University of Washington, Seattle, US‘The Editors have managed to make, through this volume, a major contribution to the on-going discussion regarding the “internationalization” of labour rights. Their single most important achievement is that they have produced a coherent “whole” out of many heterogeneous parts. Both the intra-EU, as well as the international dimension, are skillfully debated in a volume that does not simply view the former as a hothouse for the latter, but discusses the interactions of the two orders in the most systematic way.’ -- Petros C. Mavroidis, Columbia Law School, New York City, US‘This excellent collection of essays provides fresh transnational and critical perspectives on the often ignored topic of labour rights. Ugly reports of collapsed factories and buried workers, of slave-like conditions among migrants and children, continue to horrify readers and viewers worldwide. What can be done? This book contains some long-awaited answers.’ -- Thomas G. Weiss, The City University of New York’s Graduate Center, US‘The bulk of the world’s governments and a growing number of firms now say they respect labour rights. Yet scholars, activists and policymakers have little understanding of the effectiveness of ILO conventions and government initiatives. In this important and well-written book, we get answers to many of the most pressing questions about how governments and private sector actors can advance labour rights and conditions. Kudos to Marx, Wouters, Rayp and Beke for a must-read book.’ -- Susan Ariel Aaronson, Research Professor of International Affairs and Director eBay policy scholars, Elliot School, GWUTable of ContentsContents: 1. Protecting Labour Rights in a Globalizing World: An Introduction Axel Marx, Jan Wouters, Laura Beke and Glenn Rayp 2. The Protection of International Labour Rights. A Longitudinal Analysis of the Protection of the Rights of Freedom of Association and Collective Bargaining over 30 years in 73 countries Axel Marx, Jadir Soares and Wouter Van Acker 3. The EU’s Social Dimension and its External Trade Relations Samantha Velluti 4. Divided We Stand: The European Parliament’s Position on Social Trade in the Post-Lisbon Era Lore Van den Putte 5. Asian and US Perspectives on Labor Rights under International Trade Agreements Compared Ronald C. Brown 6. EU Economic Governance and Labour Rights: Diversity and Coherence in the EU, the Council of Europe and ILO Instruments Frank Hendrickx and Pieter Pecinovsky 7. Trade Unions and Collective Bargaining Power in Global Labor Governance Sigrid Koch-Baumgarten and Melanie Kryst 8. The Rapprochement of ILO Standards and CSR Mechanisms: Towards a Positive Understanding of the ‘Privatization’ of International Labour Standards Ruben Zandvliet and Paul van der Heijden 9. Between the Dragon’s Gift and its Claws: China in Africa and the (Un)Civil Fostering of ILO’s Decent Work Agenda Abdul-Gafar ‘Tobi’ Oshodi 10. On the Transformative Capacity of Private Fair Labour Arrangements Ceren Pekdemir, Pieter Glasbergen and Ron Cörvers 11. Compliance Opportunities and the Effectiveness of Private Voluntary Standard Setting – Lessons from the Global Banana Industry Dennis Klink 12. The ‘Accord for Fire and Building Safety in Bangladesh’ in Response to the Rana Plaza Disaster Juliane Reinecke and Jimmy Donaghey 13. The International Labour Organization, Multinational Enterprises, and Shifting Conceptions of Responsibility in the Global Economy Yossi Dahan, Hanna Lerner and Faina Milman-Sivan 14. Conclusion: Which Way to Enforcement? Glenn Rayp, Axel Marx and Jan Wouters Index

    3 in stock

    £121.00

  • Property, Labour and Legal Regulation: Dignity or

    Edward Elgar Publishing Ltd Property, Labour and Legal Regulation: Dignity or

    3 in stock

    Book SynopsisUsing property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its broader role of serving communities. With wonderful scholarship he charts a path to how law's social purpose might be regained. Law re-emerges as the primary means for the regulatory state to re-connect with social values and communities. The book is a tour de force.'- Peter Drahos, Australian National UniversityIn this revealing comparative study, Mark Findlay examines the problematic nexus between undervalued labour and vulnerable migration status in dis-embedded markets. It highlights the frustrations raised by timeless regulatory failure and the chronic complicity of private property arrangements in delivering unsustainable market engagement. Mark Findlay identifies the challenge for normative and functional foundations of equitable governance, by repositioning regulatory principle, to restore dignity to market relations.The accountability of property through wider access and inclusion, it is argued, grounds commodified occupation as a vitally valuable social bond in which workers are empowered to participate rather than suffer exploitation. The comparative analysis of the EU and ASEAN regulatory contexts reveals that it is not simply more regulatory activity, but rather its reversion from market interests to human values, which will advance sustainability.Property, Labour and Legal Regulation offers an insightful, critical analysis of crucial contemporary issues facing social administrators, lawyers and policy makers working in the fields of migration, labour law and regulation. Its broad disciplinary coverage lends itself to students of law and regulation who will benefit from this unique evaluation of private property, labour relations and migration exclusivity.Trade Review‘Using property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its broader role of serving communities. With wonderful scholarship he charts a path to how law’s social purpose might be regained. Law re-emerges as the primary means for the regulatory state to re-connect with social values and communities. The book is a tour de force.’ -- Peter Drahos, Australian National UniversityTable of ContentsContents: 1. Property Rights and the Regulation of Immigrant Labour 2. Private Property Relations and Regulating the Immigration – Labour Nexus 3. Private Law, Private Property Arrangements and Inclusivity 4. Substantive Inequality to Contract? 5. Agents, Pirates or Slavers 6. Regulatory Preferencing: A Comparative Study Conclusion: Designating Dignity Bibliography Index

    3 in stock

    £94.00

  • Labour Law, Vulnerability and the Regulation of

    Edward Elgar Publishing Ltd Labour Law, Vulnerability and the Regulation of

    Book SynopsisWhile vulnerability is a concept often mentioned in labour law and employment policy discourse, its precise meaning can remain elusive. This book provides rigorous theoretical analysis and contains fresh insights to aid our understanding of vulnerability. It is a stimulating contribution to the debate on how legal regulation responds to the changing characteristics of today's labour market.'- Mark Bell, The University of Dublin, IrelandThe 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.Trade ReviewThe concept of vulnerability is crucial for understanding the characteristics of employment relationships and the purpose of labour law, but has not been deeply examined by labour lawyers so far. In this original and valuable contribution, Lisa Rodgers develops a theoretical account of vulnerability that advances our understanding of the field, exposing some shortcomings of existing theories and laws along the way. The book offers important insights that should inform future discussions of labour law and policy. --Guy Davidov, Hebrew University of Jerusalem, IsraelTable of ContentsContents: 1. Introduction 2. Vulnerability in Context 3. The Goals of the Regulation of Labour Law for Vulnerability 4. Vulnerability and Precarious Work in the Law 5. Temporary Agency Work 6. Domestic Work 7. Conclusions Index

    £102.00

  • Labour Regulation and Development: Socio-Legal

    Edward Elgar Publishing Ltd Labour Regulation and Development: Socio-Legal

    Book SynopsisThis book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialized ones, therefore making it a significant contribution to the field.In large part, the authors conclude that regulation of labour can play a positive role in promoting social and economic development, especially over time. Effective regulation has the potential to promote democratic engagement at work and beyond. However its impact is dependent on how much its design grapples with the particular arrangements of work occurring within different industries, reflecting the nature of development and social relations within that country. Contributors emphasize that regulation needs to be adapted to the challenges presented by non-standard employment relations, changes in the structure of work and the rise of global value chains. This collection's exploration of labour regulation in developing countries will be of interest to labour law scholars and teachers, to policy-makers in the field of labour regulation - especially in the global South - as well as to technical advisers and those engaged in the practice of industrial relations.Contributors include: G. Bensusán, D. Cheong, S. Deakin, F. Ebert, C. Fenwick, S. Godfrey, K. Kolben, S. Marshall, K. Sankaran, M. von BroembsenIn Association with the International Labour OrganizationTrade Review'Marshall and Fenwick have sculpted a rich body of essays by brilliant scholars from developed and developing countries. Labour Regulation and Development takes the reader on innovative angles of approach to poverty, inequality, informality, exclusion, gender and ethnic discrimination, supply-chain dynamics, trade and investment flows, regulatory enforcement capacity and other challenges in the global economy. This volume confronts head-on debates about labour market regulation and whether it helps or hurts economic development. Their approaches differ, but contributors here make a powerful case for strong regulatory institutions that promote economic development while advancing social justice.' --Lance Compa, Cornell UniversityTable of ContentsContents: 1. Labour Law and Development: Characteristics and Challenges Shelley Marshall and Colin Fenwick 2. Labour Law and Development in the Long Run Simon Deakin 3. Labour Regulation, Capabilities, and Democracy Kevin Kolben 4. Labour Law and Trade Policy: What Implications for Economic and Human Development? David Cheong and Franz Christian Ebert 5. Labour Law and Development Viewed From Below: What Do Case Studies of the Clothing Sectors in South Africa and Lesotho Tell Us? Marlese von Broembsen and Shane Godfrey 6. Labour Law, Inclusive Development and Equality in Latin America Graciela Bensusán 7. Labour Law in South Asia: A Right to Development Perspective Kamala Sankaran 8. The ILO and National Labour Law reform: Six Case Studies Colin Fenwick 9. Revitalising Labour Market Regulation for the Economic South: New Forms and Tools Shelley Marshall Index

    £121.00

  • Reflexive Labour Law in the World Society

    Edward Elgar Publishing Ltd Reflexive Labour Law in the World Society

    Book SynopsisReflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory.It uses Niklas Luhmann's theory of the world society and Gunther Teubner's reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labor market policies and labour law; reflexivity in labor and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labor law.Contents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law - A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography IndexTrade ReviewThis book addresses the major issue of the nature and future of labour law and employment regulation. It transcends current traditional scientific and policy debates in two related ways. First by exploring the potential of labour law as reflexive (re)regulation and second by putting labour law in the global context - i.e. the World Society. The book convincingly indicates how labour law can indeed successfully operate among the different societal systems and between global, national and local levels. --Ton Wilthagen, Tilburg University, The NetherlandsRogowski's challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based system of transnational law might one day emerge. Building on foundations laid down by Luhmann and Teubner, and on his own twenty-plus years of pioneering work, Rogowski firmly establishes reflexive labour law as a plausible and useful approach to the discipline. --Harry Arthurs, Osgoode Hall Law School, CanadaTable of ContentsContents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law – A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography Index

    £35.10

  • Employment Law and Intellectual Property Law

    Edward Elgar Publishing Ltd Employment Law and Intellectual Property Law

    Book SynopsisThis research review discusses themes that arise at the points at which employment and intellectual property laws converge. Topics include historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility and discusses university approaches and issues.Table of ContentsContents: Acknowledgements Introduction Ann L. Monotti PART I HISTORICAL PERSPECTIVES 1. D.H.N Johnson (1950), ‘Encouraging Inventions by Government Employees’, Modern Law Review, 13 (4), October, 428-44 2. Catherine L. Fisk (1998), ‘Removing the ‘Fuel of Interest’ from the ‘Fire of Genius’: Law and the Employee-Inventor, 1830-1930’, University of Chicago Law Review, 65 (4), 1127–98 3. C. Robert Morris Jr. (1959), ‘Patent Rights in an Employee’s Invention: The American Shop Right Rule and the English View’, Law Quarterly Review, 75, 483–502 4. John Stedman (1970), ‘The Employed Inventor, the Public Interest, and Horse and Buggy Law in the Space Age’, New York University Law Review, 45 (1), 1–32 5. Justine Pila (2012), ‘Sewing the Fly Buttons on the Statute’: Employee Inventions and the Employment Context’, Oxford Journal of Legal Studies, 32 (2), 265–95 PART II RATIONALES FOR DEFAULT RULES 6. Dan L. Burk (2004), ‘Intellectual Property and the Firm’, University of Chicago Law Review, 71 (1), 3–20 7. R.P. Merges (1999), ‘The Law and Economics of Employee Inventions’, Harvard Journal of Law and Technology, 13 (1), Fall, 1–54 PART III ALLOCATION OF OWNERSHIP OF EMPLOYEE CREATION 8. Rochelle Cooper Dreyfuss (1987), ‘The Creative Employee and the Copyright Act of 1976’, University of Chicago Law Review, 54 (2), 590–647 9. Joellen Riley (2005), ‘Who Owns Human Capital? A Critical Appraisal of Legal Techniques for Capturing the Value of Work’, Australian Journal of Labour Law, 18, 1–25 10. Toshiko Takenaka (2012), ‘Serious Flaw of Employee Inventions Ownership Under the Bayh-Dole Act in Stanford v. Roche: Finding the Missing Piece of the Puzzle in the German Employee Invention Act’, Texas Intellectual Property Law Journal, 20, Spring, 281-326 11. Mark Freedland and Jeremias Prassl (2013), ‘Resolving Invention Ownership Disputes: Limitations of the Contract of Employment’, in Marilyn Pittard, Ann L Monotti and John Duns (eds), Business Innovation and the Law: Perspectives from Intellectual Property, Labour Competition and Corporate Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 144–63 12. Marie-Christine Janssens (2013), ‘EU Perspectives on Employees’ Inventions’ in Marilyn Pittard, Ann L Monotti and John Duns (eds), Business Innovation and the Law: Perspectives from Intellectual Property, Labour, Competition and Corporate Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 111–30 13. John Howe and Andrew Newman (2013), ‘Collective Bargaining and the Ownership of Employee Creation’, Australian Journal of Labour Law, 26 (3), 273-99 PART IV RESTRAINTS AND EMPLOYEE MOBILITY 14. Harlan M. Blake (1960), ‘Employee Agreements Not to Compete’, Harvard Law Review, 73 (4), February, 628–91 15. Andrew Stewart (1988), ‘Confidentiality and the New Employment Relationship’, Australian Journal of Labour Law, 1, 1–22 16. Ronald J. Gilson (1999), ‘The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, Covenants not to Compete’, New York University Law Review, 74 (3), June, 575–629 17. William van Caenegem (2005), ‘Inter-firm Migration of Tacit Knowledge: Law and Policy’, Prometheus, 23 (3), September, 285–306 18. Alan Hyde (2012), ‘Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence’, in Cynthia L. Estlund and Michael L. Wachter, Research Handbook on the Economics of Labor and Employment Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 357–84 19. Christopher Arup (2012), ‘What/Whose Knowledge? Restraints of Trade and Concepts of Knowledge’, Melbourne University Law Review, 36, 661–94 20. Norman D. Bishara and Evan Starr (2016), ‘The Incomplete Noncompete Picture’, Lewis and Clark Law Review, 20, 497–547 PART V UNIVERSITIES – APPROACHES AND ISSUES 21. W.R. Cornish (1992), ‘Rights in University Innovations: The Herchel Smith Lecture for 1991’, European Intellectual Property Review, 14, 13–19 22. Pat K. Chew (1992), ‘Faculty-Generated Inventions: Who Owns the Golden Egg?’, Wisconsin Law Review, 259–314 23. Ann Monotti (1997), ‘Who Owns my Research and Teaching Materials: My University or Me?’, 19 (4), Sydney Law Review, 425–71 24. Sean M. O’Connor (2013), ‘The Real Issue Behind Stanford v. Roche: Faulty Conceptions of University Assignment Policies Stemming from the 1947 Biddle Report’, Michigan Telecommunications and Technology Law Review, 19, 379–422 Index

    £335.00

  • Trade, Labour and Sustainable Development:

    Edward Elgar Publishing Ltd Trade, Labour and Sustainable Development:

    Book Synopsis

    £132.29

  • Employment and Private International Law

    Edward Elgar Publishing Ltd Employment and Private International Law

    Book SynopsisThis invaluable review focuses on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The text also discusses timeless questions that reflect specific features and fundamental issues of this ever-changing subject area, whilst drawing attention to the broader regulatory framework and significant challenges to traditional approaches under way. This will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.Trade Review‘The book edited by Professor Liukkunen provides excellent guidance through the development and principles of modern conflict-of-laws rules in the field of cross-border employment relations.’ -- Michael Bogdan, University of Lund, SwedenTable of ContentsContents: Acknowledgements Introduction Ulla Liukkunen PART I POINTS OF DEPARTURE [145 pp] 1. Karl E. Klare (1982), ‘The Public/Private Distinction in Labour Law’, University of Pennsylvania Law Review, 130 (6), 1358–422 [65] 2 Guy Davidov (2002), ‘The Three Axes of Employment Relationships: A Characterization of Workers in Need of Protection’, University of Toronto Law Journal, 52 (4), Autumn, 357–418 [62] 3. Marie-Ange Moreau (2013), ‘The Reconceptualization of the Employment Relationship and Labour Rights through Transnationality’, Comparative Labor Law and Policy Journal, 34 (3), 697–714 [18] PART II TERRITORIALITY AND EXTRATERRITORIALITY [65 pp] 4. Robin Morse (2008), ’Choice of Law, Territoriality and National Law: The Case of Employment’, in Hélène Gaudemet-Tallon (ed.), Vers de Nouveaux Équilibres Entre Ordres Juridiques: Liber Amicorum, France: Dalloz, 763–74 [12] 5. Louise Merrett (2010),’The Extra-Territorial Reach of Employment Legislation’, Industrial Law Journal, 39 (4), December, 355–81 [27] 6. William B. Gould IV (2010), ’Labor Law Beyond U.S. Borders: Does What Happens Outside of America Stay Outside of America?’, Stanford Law and Policy Review, 21, 401–26 [26] PART III EMPLOYMENT CONTRACTS AND THEIR CONFLICTS RULES [202 pp] 7. Symeon C. Symeonides (2009), ‘Result-Selectivism in Private International Law’, Willamette Law Review, 46 (1), 1–32 [32] 8. Patrick J. Borchers (2008), ‘Categorical Exceptions to Party Autonomy in Private International Law’, Tulane Law Review, 82 (5), 1645–61 [17] 9. C.G.J. Morse (1982), ’Contracts of Employment and the E.E.C. Contractual Obligations Convention’ in P. M. North D.C.L. (ed.), Contract Conflicts The E.E.C. Convention on the Law Applicable to Contractual Obligations: A Comparative Study, Chapter 7, Amsterdam, The Netherlands and New York, UK and Oxford, UK: North-Holland Publishing Company, 143–84 [42] 10. B. A. Hepple (1978), ‘Conflict of Laws on Employment Relationships Within the E.E.C’, in K. Lipstein (ed.) Harmonization of Private International Law, London, UK: University of London Institute of Advanced Legal Studies, 39–48 [10] 11. M. Franzen (2007), ’Conflicts of Law in Employment Contract and Industrial Relations’, in R. Blanpain (ed.), Comparative Labour Law and Industrial Relations in Industrialized Market Economies, Chapter 9, Alphen aan den Rijn, Netherlands: Wolters Kluwer, 215–35 [21] 12. Richard Kidner (1998), ‘Jurisdiction in European Contracts of Employment’, Industrial Law Journal, 27 (2), June, 103–20 [18] 13. Sebastian Krebber (1999), ’Conflict of Laws in Employment in Europe’, Comparative Labor Law and Policy Journal, 21 (3), 501–41 [41] 14. C. G. J. Morse (1992), ’Consumer Contracts, Employment Contracts and the Rome Convention’, International and Comparative Law Quarterly, 41 (1), January, 1–21 [21] PART IV POSTING OF WORKERS AS EU DILEMMA [148 pp] 15. Paul Davies (1997), ’Posted Workers: Single Market or Protection of National Labour Law Systems?’, Common Market Law Review, 34 (3), 571–602 [32] 16. Guillermo Palao Moreno (2002), ’Multinational Groups of Companies and Individual Employment Contracts in Spanish and European Private International Law’, Yearbook of Private International Law, Volume IV, Munich, Germany: Dr. Otto Schmidt, 303–34 [32] 17. Louise Merrett (2011), ‘Posted Workers in Europe from a Private International Law Perspective’, Cambridge Yearbook of European Legal Studies, 13, October, 219–44 [26] 18. Jonas Malmberg and Tore Sigeman (2008), ’Industrial Actions and EU Economic Freedoms: The Autonomous Collective Bargaining Model Curtailed by the European Court of Justice’, Common Market Law Review, 45 (4), 1115–46 [32] 19. Ulla Liukkunen (2012), ’Collison Between the Economic and the Social – What Has Private International Law Got to Do With It?’ in Pia Letto-Vanamo and Jan Smits (eds), Coherence and Fragmentation in European Private Law, Munich, Germany: Dr. Otto Schmidt, 125–50 [26] PART V INDUSTRIAL ACTION, CHOICE OF LAW AND LEGAL LIABILITY [57 pp] 20. Guillermo Palao Moreno (2007), ’The Law Applicable to a Non-Contractual Obligation with Respect to an Industrial Action’, In Peter Sarcevic, Andrea Bonomi and Paul Volken (eds), Yearbook of Private International Law, Volume IX, Munich, Germany: Dr. Otto Schmidt, 115–25 [11] 21. Filip Dorssemont and Aukje van Hoek (2011), ’Collective Action in Labour Conflicts under the Rome II Regulation (Part I)’, European Labour Law Journal, 2 (2), June, 48–75 [28] 22. Filip Dorssemont and Aukje van Hoek (2011), ’Collective Action in Labour Conflicts under the Rome II Regulation (Part II)’, European Labour Law Journal, 2 (2), June, 101–18 [18] PART VI TRANSNATIONAL DIMENSION OF COLLECTIVE BARGAINING AND EMPLOYEE PARTICIPATION [117 pp] 23. Etienne Pataut (2016), ’Collective Agreements in Europe: European Social Dialogue and Contractual Autonomy’, in Jürgen Basedow, Chen Su, Matteo Fornaiser and Ulla Liukkenen (eds), Employee Participation and Collective Bargaining in Europe and China, Heidelberg, Germany: Mohr Siebeck Verlag, 83–101 [19] 24. Achim Seifert (2012), ’Transnational Collective Bargaining: The Case of the European Union’ in Kitty Malherbe, Julia Sloth-Nelson (eds), Labour Law into the Future: Essays in honour of D’Arcy du Toit, South Africa: JUTA, 76–96 [21] 25. Rüdiger Krause (2012), ’International Framework Agreements as Instrument for the Legal Enforcement of Freedom of Association and Collective Bargaining? The German Case’, Comparative Labour Law and Policy Journal, 33, 749–73 [25] 26. Alvin L. Goldman (2012), ‘Enforcement of International Framework Agreements Under U.S. Law’, Comparative Labour Law and Policy Journal, 33, 605–34 [30] 27. Achim Seifert (2008), ‘Global Employee Information and Consultation Procedures in Worldwide Enterprises’, International Journal of Comparative Labour Law and Industrial Relations, 24 (3), 327–48 [22] PART VII TRANSNATIONAL AND GLOBAL ISSUES – PRIVATE REGIMES WITHOUT STATE [134 pp] 28. Katherine Van Wezel Stone (1994–1995), ’Labor and the Global Economy: Four Approaches to Transnational Labor Regulation’, Michigan Journal of International Law, 16, 987–1028 [42] 29. David M. Trubek, Jim Mosher and Jeffrey S. Rothstein (2000), ’Transnationalism in the Regulation of Labor Relations: International Regimes and Transnational Advocacy Networks’, Law and Social Inquiry, 25 (4), October, 1187–211 [25] 30. Silvana Sciarra (2006), ’Collective Exit Strategies: New Ideas in Transnational Labour Law’ in Brian Langille and Guy Davidov (eds), The Idea of Labour Law, Oxford, UK: Hart Publishing, 405–19 [15] 31. Guy Mundlak (2009), ’De-Territorializing Labor Law’, Law and Ethics of Human Rights, 2 (3), 189–222 [34] 32. Ulla Liukkunen (2014), ’Transnational Labour Law and Fundamental Labour Rights – Making Chinese Workers Matter?’ in Roger Blanpain Chen Yifeng and Ulla Liukkunen (eds), China and ILO Fundamental Principles and Rights at Work, Chapter 10, Alphen aan den Rijn, Netherlands: Wolters Kluwer, 163–80 [18]

    £355.00

  • Research Handbook on Labour, Business and Human

    Edward Elgar Publishing Ltd Research Handbook on Labour, Business and Human

    Book SynopsisInquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Analysing why certain human rights are deemed fundamental and how they apply in the context of work, this expansive Research Handbook highlights the gulf between the ideal applications of these rights universally, and the increasing reality in the new economy that these are rarely enforceable for employees in alternative forms of employment. Established and emerging scholars provide perspectives from countries across all continents, identifying issues of prominence in their area of the globe. Probing workers' rights and business obligations, the Research Handbook on Labour, Business and Human Rights Law will be imperative reading for scholars and students working within the fields of labour law, human rights, and business ethics. This timely Research Handbook will also appeal to lawyers, trade union officials and government affairs staff, broadening their understanding of the laws and obligations impacting their positions.Trade Review'This timely collection offers a comprehensive study of the interaction between human rights and labour protection, a topic given additional impetus from the impact of economic globalisation on labour creating the need to find new ways for protecting the rights and conditions of increasingly precarious workers worldwide. Including an extensive range of country-based studies, covering all the major legal families, international developments and thought-provoking analytical papers, this book provides a critically balanced and highly informative contribution to the topic.' --Peter Muchlinski, SOAS, University of London, UK'Labour law and human rights law often follow separate paths and academics rarely engage with one another notwithstanding that the two fields are highly interrelated. This excellent edited volume bridges this gap and makes an important contribution to current debates on the intersection between labour law and human rights law. This is especially important in a world witnessing crucial transformations in the world of work. It is a must read for all scholars involved in research on labour rights.' --Axel Marx, University of Leuven, BelgiumTable of ContentsContents: PART I Conceptualizing Labour and Human Rights Law 1. Perspectives on Labour and Human Rights Janice Bellace and Beryl ter Haar PART II Sources in National Law Section A: Civil Law and Constitutional Sources 2. Fundamental Rights and German Labor Law Manfred Weiss 3. (The Right to) Work as foundational value: Italy and the Very Notion of a Constitutional Promise Edoardo Ales 4. Fundamental labour rights in Brazil: challenges and developments Ana Virginia Moreira Gomes 5. Business, Labor Law and Human Rights in Japan Takashi Yonezu 6. Fundamental Rights and Swedish Labour Law Mia Rönnmar Section B: Common Law 7. Worker Rights as Human Rights: Regenerative Reconception or Rhetorical Refuge? Matthew Finkin 8. Business and labour, and human rights in New Zealand Amanda Reilly and Jonathan Barrett 9. The architecture of human rights at work in Israeli law Guy Mundlak 10. Human Rights in the evolution of South African labour law Darcy du Toit and Mariam Sirkhotte Section C: Transition Economies 11. Labor Disputes in China from a Fundamental Labor Rights Perspective Piotr Grzebyk 12. Trying to balance economic and labour rights: the case of Russia Nikita Lyutov and Elena Gerasimova PART III Fundamental Rights Section A: Concepts 13. Freedom of Association: its emergence and the case for prevention of its decline Tonia Novitz 14. Freedom from child labour: a fundamental right Constance Thomas 15. Workplace gender equality as a human right: the ILO approach Jane Aeberhard-Hodges Section B: Supranational Influences 16. How the ILO embraced human rights Lee Swepston 17. The European convention on human rights, as a fountain of labour rights Filip Dorssemont 18. Labour Human Rights and the Jurisprudence of the Inter-American Court of Human Rights Miguel F. Canessa Montejo Section C: Scope and Coverage 19. Fundamental Labour Rights, Platform Work and Human Rights Protection of Non-Standard Workers Valerio de Stefano and Antonio Aloisi 20. Decent Work Challenges for Atypical Workers in Korea Christina Hiessl and Jaewook Nahm PART IV Business and Human Rights 21. From Workers’ Rights to Human Rights at Work Janice Bellace 22. Multinational Enterprises and Labor Rights: Concepts and Implementation Nicolas Bueno 23. The EU’s CSR policy in a global and national context Beryl ter Haar and Attila Kun 24. State Extraterritorial Regulation and Decent Work in the Asia Pacific John Howe and Ingrid Landau Index

    £220.00

  • Research Handbook on Transnational Labour Law

    Edward Elgar Publishing Ltd Research Handbook on Transnational Labour Law

    Book SynopsisThe 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. Bensusán, 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. López López, 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.ZimmerTrade Review'The chapters in this thoroughly useful reference book on current developments and challenges in TLL provide very thoughtful, up-to-date and "to the point" commentary and insights.' --Alan Boulton, Monash University and Fair Work Commission, Australia'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.' --Sir Bob Hepple QC FBA, University of Cambridge, UKTable of ContentsContents: 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

    £52.20

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