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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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International and European Protection of the Right to Strike: A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union


ISBN13: 9780198298540
ISBN: 0198298544
Published: January 2004
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £175.00



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In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of 'good governance' and 'democratic participation' at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions.

Critics of domestic labour legislation tend to appeal to international and European standards, chiefly those promulgated by the International Labour Organisation (ILO), the Council of Europe and the European Union (EU). All these organisations acknowledge the importance of a right to strike, but they differ in the manner in which the right is defined and protected. This book suggests that this is because each organisation adopts a distinctive view of the appropriate justificatory basis of this entitlement.

This work also addresses current enthusiasm for reforming the governance of international and European organisations which would bolster their legitimacy. It is suggested that, despite the entrenched structures and cultural norms of each institution, such a process of reform could lead to greater consistency of standards relating to the right to strike. A crucial question for workers, in the light of these developments, is whether there will be a 'levelling up' of rights or diminishing protection for those who organise or participate in industrial action. This book ends by considering the current responses of the ILO, the Council of Europe and the EU to these forces for change.

Subjects:
Employment Law
Contents:
1. Why Investigate Protection Of The Right To Strike?
2. Reasons For Legal Protection And Restriction Of Strikes
3. Inclusion Of The Right To Strike In International Instruments
4. The Ability Of Supervisory Bodies To Initiate Protection Of A Right To Strike
5. Jurisprudence Relating To The Scope Of The Right To Strike
6. Past Sources Of Divergence And Prospects For Future Developments

Series: Oxford Monographs on Labour Law

A Purposive Approach to Labour Law ISBN 9780198824244
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The Labour Constitution: The Enduring Idea of Labour Law ISBN 9780198821762
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The Concept of the Employer ISBN 9780198796145
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£42.99
A Purposive Approach to Labour Law ISBN 9780198759034
Published May 2016
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£110.00
Bullying and Behavioural Conflict at Work: The Duality of Individual Rights (eBook) ISBN 9780191058547
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£114.58
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Bullying and Behavioural Conflict at Work: The Duality of Individual Rights ISBN 9780199691371
Published November 2015
Oxford University Press
£137.50
The Concept of the Employer ISBN 9780198735533
Published March 2015
Oxford University Press
Out of print
The Concept of the Employer (eBook) ISBN 9780191054433
Published March 2015
Oxford University Press
Out of print
The Labour Constitution: The Enduring Idea of Labour Law (eBook) ISBN 9780191038600
Published October 2014
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£32.91
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The Labour Constitution: The Enduring Idea of Labour Law ISBN 9780199601691
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Legal Construction of Personal Work Relations (eBook) ISBN 9780191630019
Published December 2011
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Legal Construction of Personal Work Relations ISBN 9780199551750
Published December 2011
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A Right to Care? Unpaid Work in European Employment Law ISBN 9780199579020
Published April 2011
Oxford University Press
£102.50
Regulating Flexible Work ISBN 9780199218790
Published March 2008
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£107.50
Welfare to Work: Conditional Rights in Social Policy ISBN 9780199237418
Published February 2008
Oxford University Press
£110.00
EU Intervention in Domestic Labour Law ISBN 9780199277209
Published May 2007
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£145.00
£132.50
The Personal Employment Contract ISBN 9780199298631
Published December 2005
Oxford University Press
£65.00
European Employment Strategy: Labour Market Regulation and New Governance ISBN 9780199279647
Published December 2005
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£117.50
£155.00
The Personal Employment Contract ISBN 9780199249268
Published July 2004
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£192.50
Freedom of Speech and Employment
Lucy VickersSenior Lecturer in Law, Oxford Brookes University
ISBN 9780198268307
Published November 2002
Oxford University Press
£137.50
Women and the Law
Sandra FredmanReader in Law, Exeter College, Oxford University
ISBN 9780198763239
Published March 1999
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£59.00
Women and the Law New ed ISBN 9780198763222
Published August 1998
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£85.00
Just Wages for Women
Aileen McColganLecturer in Law, King's College, London
ISBN 9780198265887
Published September 1997
Oxford University Press
£87.00
The Right to Strike ISBN 9780198254393
Published July 1991
Oxford University Press
£69.00