International Social Security Law
International Social Security Law

Author: Jean-Michel Servais

Publisher: Kluwer Law International B.V.

Published: 2022-12-20

Total Pages: 274

ISBN-13: 9403513764

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Although a sophisticated body of international social security law is active and growing, a number of States still appear unable to honour it. This thorough, well-researched survey and analysis of existing international social security law – its sources, its content, its historical development – is thus especially valuable for its informed consideration of the barriers to the law’s full effectiveness. Part of the renowned multi-volume Encyclopaedia of Laws, the book focuses on the analysis of the International Labour Organization (ILO) Conventions and Recommendations on Social Security. It examines the most recent public debates on social protection (dealing with health insurance, unemployment benefits, pension age, minimum income, social security benefits in case of expatriation, parental leave, and much more), includes an updated bibliography, and opens some perspectives for the future work of the global institutions. It integrates the latest instruments, in particular ILO Recommendation No. 202 concerning national floors of social protection. Even in the absence of ratification and therefore of legal force, international social security standards are invaluable benchmarks in comparative law. Indeed, ILO standards are both useful instruments of analysis and excellent yardsticks for identifying common denominators among national systems. For these reasons this book will be welcomed by legislators, government officials, employers’ organizations, trade unions, and the judiciary, as well as by human resources managers and academics.

Reinventing Social Security Worldwide
Reinventing Social Security Worldwide

Author: Vladimir Rys

Publisher: Policy Press

Published: 2010

Total Pages: 138

ISBN-13: 1847426409

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Advocates reinstating social insurance by reducing the volume of income redistribution, increasing the transparency of money flows and improving citizen information. This book states that in order to preserve social security institutions against any economic upheavals, adequate financial reserves within the national economy should be available.

The European Social Charter: A Commentary
The European Social Charter: A Commentary

Author: The Academic Network on the European

Publisher: BRILL

Published: 2023-03-06

Total Pages: 368

ISBN-13: 9004434062

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This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10 and is edited by Carole Nivard.

International Labour Law
International Labour Law

Author: Jean-Michel Servais

Publisher: Kluwer Law International B.V.

Published: 2020-06-21

Total Pages: 407

ISBN-13: 9403521635

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No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) the relationship between international labour law and economic competition standards on industrial relations collective bargaining and dispute settlement procedures protection of trade unions prohibitions on enforced and child labour promotion of equal opportunity and treatment time and rest provisions wage determination and protection occupational health and safety provisions special issues on non-standard forms of employment foreign and migrant workers social security provisions privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book’s combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This sixth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.

Economic, Social, and Cultural Rights in Armed Conflict
Economic, Social, and Cultural Rights in Armed Conflict

Author: Gilles Giacca

Publisher: OUP Oxford

Published: 2014-10-02

Total Pages: 338

ISBN-13: 0191026913

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This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.