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Research Handbook on Transnational Labour Law

Edited by: Adelle Blackett, Anne Trebilcock

ISBN13: 9781786437648

Published: December 2016

Publisher: Edward Elgar Publishing Limited

Country of Publication: UK

Format: Paperback (Hardback in 2015)

Price: £54.95

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Hardback edition , ISBN13 9781782549789

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The specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives.

Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build bridges, including on migration, climate change and development.

Subjects:: Employment Law

Contents:: Preface; PART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW; 1. Conceptualizing Transnational Labour Law; Adelle Blackett and Anne Trebilcock; PART II TRANSNATIONAL LABOUR LAW AS LAW; A Transnational Labour Law’s Methods; 2. Global Organizing and Domestic Constraints; Ashwini Sukthankar; 3. Corporate Governance Structures and Practices: From Ordeal to Opportunities and Challenges for Transnational Labour Law; Isabelle Martin; 4. A ‘Dialogic’ Approach In Perspective; Laurence Boisson De Chazournes; 5. International Labour Indicators: Conceptual and Normative Snares; Mark Barenberg; 6. Due Diligence on Labour Issues – Opportunities and Limits of the UN Guiding Principles on Business and Human Rights; Anne Trebilcock; B Challenging Austerity, Facing Development: The North-South Challenge to Transnational Labour Law; 7. Structural Adjustment, Economic Governance and Social Policy in a Regional Context: The Case of the Eurozone Crisis; Zoe Adams and Simon Deakin; 8. International Financial Institutions’ Approaches to Labour Law: The Case of the International Monetary Fund; Franz Christian Ebert; 9. Racism and the Regulation of Migrant Labour; Adrian A. Smith; 10. China’s Challenge to Labour Law in both the Global North and the Global South; Sean Cooney; 11. Anti-Austerity Activism Strategies: Combining Protest and Litigation in Spain; Julia López López; PART III TRANSNATIONAL LABOUR LAW AS LABOUR LAW; A Freedom of Association in the Specificity of Labour Law; 12. Pushback on the Right to Strike: Resisting the Thickening of Soft Law; Janice R. Bellace; 13. The Right to Take Collective Action: Prospects for Change in European Court of Justice Case Law in Light of European Court of Human Rights Decisions; Reingard Zimmer; 14. Freedom of Association in Deliberative Spaces: The ILO Credentials Committee; Faina Milman-Sivan; 15. Freedom Of Association In International Framework Agreements; Renée-Claude Drouin; 16. Transnational Labour Law and Collective Autonomy for Marginalized Workers: Reflections on Decent Work for Domestic Workers; Adelle Blackett; B On Human Rights and Equality: Does Transnational Labour Law Provide Spaces and Vehicles to Challenge Domestic Labour Law’s Exclusions?; 17. Inclusive Equality and New Approaches to Discrimination in Transnational Labour Law; Colleen Sheppard; 18. Working Together Transnationally; Cynthia Estlund; 19. Can Human Rights Based Labour Policy Improve the Labour Rights Situation in Developing Countries? A Look at Mexico and the Countries of Central America; Graciela Bensusán; 20. Constitutionalising Labour in the Inter-American System on Human Rights; Rose-Marie Belle Antoine; C Emerging Roles for the ILO as an Actor in Transnational Labour Law; 21. ILO Normative Action In Its Second Century: Escaping The Double Bind?; Francis Maupain; 22. The ILO’s Supervisory Bodies’ ‘Soft Law Jurisprudence’; Claire La Hovary; 23. Pluralism and Privatization in Transnational Labour Regulation: Experience of the International Labour Organization; Janelle M. Diller; 24. Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields; Aimée Asante and Ben Chigara; PART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONAL; A Thickening Soft Law? ‘Privatising’ or Infusing Transnational Labour Law with Public International Law Norms?; 25. Transnational Private Labour Regulation, Consumer-Citizenship and the Consumer Imaginary; Kevin Kolben; 26. Thickening Soft Law Through Consumocratic Law: A Pragmatic Approach; P. Martin Dumas; 27. Diffusion and Leveraging of Transnational Labour Norms by the OECD; Jean-Marc Thouvenin; 28. The Use of Arbitration to Decide International Labour Issues; Kathleen Claussen; B Beyond WTO Linkage: Emerging Directions and Social Regionalism; 29. What The World Trade Organization Learned From The International Labour Organization; Steve Charnovitz; 30. Harnessing the Governance Capacity of the European Union: Transnational Labour Law Responses to the Exploitation of Migrant Agricultural Workers; Jo Hunt; 31. Private International Law Rules for Transnational Employment: Reflections from the European Union; Aukje Van Hoek; 32. Social Regionalism in the Southern Africa Development Community: The International, Regional and National Interplay of Labour Alternative Dispute Resolution Mechanisms; Pamhidai H. Bamu and Rutendo Mudarikwa; 33. Labour Rights and Trade Agreements in the Americas; Paula Church Albertson and Lance Compa; C The Transnational Challenge to the Regulation of Labour as a Factor of Production: on Commodification; 34. Trading in Services – Commodities and Beneficiaries; Tonia Novitz; 35. The Curious Incident of the ILO, Myanmar and Forced Labour; Brian Langille; 36. The Implications of Preparatory Works for the Debate Regarding Slavery, Servitude and Forced Labour; Jean Allain; 37. Child Labour and Fragile States in Sub-Saharan Africa: Reflections on Regional and International Responses; Aristide Nononsi; 38. A Transnational Law of Just Transitions for Climate Change and Labour; David J. Doorey; Index