Mediation in Collective Labor Conflicts

Mediation in Collective Labor Conflicts

Author: Martin C. Euwema

Publisher: Springer

Published: 2019-05-28

Total Pages: 337

ISBN-13: 3319925318

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This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.


Authoritarian Legality in China

Authoritarian Legality in China

Author: Mary E. Gallagher

Publisher: Cambridge University Press

Published: 2017-09-07

Total Pages: 271

ISBN-13: 110708377X

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This book examines Chinese workers' experiences and shows how disenchantment with the legal system drives workers from the courtroom to the streets.


Embedded Courts

Embedded Courts

Author: Kwai Hang Ng

Publisher: Cambridge University Press

Published: 2017-10-26

Total Pages: 263

ISBN-13: 1108420494

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A study of the decision-making process of Chinese courts and the non-legal forces and regional factors that influence judicial outcomes.


Understanding Labor and Employment Law in China

Understanding Labor and Employment Law in China

Author: Ronald C. Brown

Publisher: Cambridge University Press

Published: 2009-10-12

Total Pages: 349

ISBN-13: 1139482017

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Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.


Dispute Resolution in the People’s Republic of China

Dispute Resolution in the People’s Republic of China

Author: Zhiqiong June Wang

Publisher: BRILL

Published: 2019-12-02

Total Pages: 339

ISBN-13: 900433128X

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Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.


Against the Law

Against the Law

Author: Ching Kwan Lee

Publisher: Univ of California Press

Published: 2007-06-07

Total Pages: 341

ISBN-13: 0520940644

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This study opens a critical perspective on the slow death of socialism and the rebirth of capitalism in the world's most dynamic and populous country. Based on remarkable fieldwork and extensive interviews in Chinese textile, apparel, machinery, and household appliance factories, Against the Law finds a rising tide of labor unrest mostly hidden from the world's attention. Providing a broad political and economic analysis of this labor struggle together with fine-grained ethnographic detail, the book portrays the Chinese working class as workers' stories unfold in bankrupt state factories and global sweatshops, in crowded dormitories and remote villages, at street protests as well as in quiet disenchantment with the corrupt officialdom and the fledgling legal system.


International Commercial Courts

International Commercial Courts

Author: Stavros Brekoulakis

Publisher: Cambridge University Press

Published: 2022-04-21

Total Pages: 591

ISBN-13: 1316519252

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The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.


The Routledge Handbook of Chinese Criminology

The Routledge Handbook of Chinese Criminology

Author: Liqun Cao

Publisher: Routledge

Published: 2013-07-24

Total Pages: 742

ISBN-13: 1135021457

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As the world’s second largest economy, China has made great progress in developing criminology. The Routledge Handbook of Chinese Criminology aims to be a key reference point to summarize the large body of literature in both Chinese and English about various aspects of crime and its control in China for international scholars with an interest in the development of criminological research on and in the Greater China region, and for everyone with a broad interest in international criminology. The editors of the handbook have selected authoritative contributors recognized for their research and scholarship on China, Hong Kong Macao, and Taiwan. This handbook consists of five sections: An account of the development of criminology as an academic discipline in modern China, as well as some of the unique theories, strategies, or philosophies of crime control that have emerged, An analysis of the criminal justice system in China, including the police, the courts, corrections, juvenile justice and the death penalty, An exploration of the issues and problems in conducting research in China, Reflections on the nature of crime and criminality in China, including drugs, prostitution, human trafficking, corruption, floating population, domestic violence, and white-collar crime, An account of crime and criminal justice in Taiwan, Hong Kong, and Macao. The book presents a coherent and comprehensive collection of essays on current research and theory in criminology, crime and justice in China and Greater China, and the Editors’ Introduction and Conclusion provide further contextualisation of the Handbook’s key themes.


UNCLOS and Ocean Dispute Settlement

UNCLOS and Ocean Dispute Settlement

Author: Nong Hong

Publisher: Routledge

Published: 2012

Total Pages: 282

ISBN-13: 0415505275

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This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.