The 11 papers explore such aspects as the significance of international labor norms for settling cross-border disputes; the role of private labor rights initiatives; the advantages, disadvantages, and potential usefulness of alternative dispute resolution (ADR) for interstate labor disputes; a proposal for conciliation through the Permanent Court of Arbitration; problems and pitfalls of optional rules for arbitration and/or conciliation of labor disputes; and whether core labor rights and labor market flexibility are entwined paths. A conclusion summarizes insights useful to the Court. No index is provided. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).--Résumé de l'éditeur.
The modern tendency to restrict international arbitration to matters of commerce and investment is succumbing to a renewed recognition of the original impetus for dispute resolution by arbitration – i.e., matters of public international law, most importantly the settlement of disputes that pose a threat of international conflict. Recent developments suggest a renaissance of public international arbitration, most clearly manifested in the present flourishing of the Permanent Court of Arbitration (PCA), the oldest existing dispute settlement institution in international law. As the calls for the development of new and more appropriate methods for dispute settlement in international law increased during the 1990s, the PCA undertook a structural reform and is today a vital forum for dispute settlement, with scores of arbitrations currently pending under its auspices. This book – the most comprehensive study of the institution to date, covering its history, its present status, and its future prospects – proves the PCA’s contemporary relevance within the international dispute settlement framework. Among aspects of the PCA’s work covered are the following: how public international arbitration functions in comparison to other means available for dispute settlement in international law; the PCA’s historical contributions to the current dispute settlement framework; arbitrations between a state and a non-state actor that are in whole or in part governed by public international law; the fields in which public international arbitration plays a revived role; the PCA’s present-day institutional framework and its current activities; the prospects for public international arbitration and the PCA in the dispute settlement framework of the twenty-first century; and proposals to increase the PCA’s activities in future and to sustain and enhance the institution’s ongoing revitalization. A very useful Practitioner’s Guide provides an overview of the PCA’s various services and the best means of accessing them, along with a summary of the key provisions of the new PCA Arbitration Rules 2012. For lawyers who are involved in dispute resolution proceedings, there can be little doubt about the PCA’s relevance. This book is at once an academic work, indispensable for scholars of the institution, and a practical guide that will be a required addition to the libraries of counsel, arbitrators, and others involved in dispute resolution proceedings conducted at the PCA.
This is the fifteenth volume of the Hague Yearbook of International Law, which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editor's intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice the Permanent Court of Arbitration, the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia since 1991, the Iran-United States Claims Tribunal, the Permanent Court of Arbitration and the Hague Peace Conference on Private International Law.
The International Labour Organization was created in 1919, as part of the Treaty of Versailles that ended the First World War, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. As the oldest organisation in the UN system, approaching its 100th anniversary in 2019, the ILO faces unprecedented strains and challenges. Since before the financial crisis, the global economy has tested the limits of a regulatory regime which was conceived in 1919. The organisation's founders only entrusted it with balancing social progress with the constraints of an interconnected open economy, but gambled almost entirely on tools of persuasion to ensure that this would happen. Whether that gamble is still capable of paying-off is the subject of this book, by a former ILO insider with an unrivalled knowledge of its work. The book forms part of a broader inquiry into the relevance of founding institutional principles to today's context, and strives to show that the bet made on persuasion may yet pay off. In part, the text argues that there may be little alternative anyway, showing that the pathways to more binding solutions are fraught with difficulty. It also shows the ILO's considerable future potential for promoting effective, universal regulations by extending its tools of persuasion in as yet insufficiently explored directions. Starting with an examination of how the organisation's institutional context differs from 93 years ago, the author goes on to evaluate the prospects of numerous proposals put forward today, including the trade/labour linkage, but going beyond this. As a case study in how strategic choices can be made under legal, social and institutional constraints, the book should be valuable not only to those with an interest in the ILO, but to anyone who studies international organisation, labour law, law and society or political economy.
All over the world a different kind of labour law is in the process of formation; in Gramsci's phrase, this is an interregnum when the old is dying and the new is struggling to be born. This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers' participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field.
Regional trade agreements have expanded exponentially over the past decade, and have become a significant, if controversial, factor in the expanse of economic globalization. Social Regionalism in the Global Economy attempts to take a fresh, interdisciplinary approach to addressing labour regulation by drawing upon insights from industrial relations, comparative capitalism, and new governance schools of thought. It stands for the proposition that an interdisciplinary study of regional regulation holds the potential to offer a fuller account of social regionalism. Its focus is to consider how institutions and labour market actors reconstruct and renegotiate regulatory space in a changing economic environment characterized by regional impulses. It argues that there is a dynamic interplay between institutions and actors of social regulation. This interplay occurs at many levels. The book therefore maps both how actors shape institutions as well as how institutions shape social actors’ ability to affect regulatory processes. The editors bring together leading international specialists willing to move beyond textual analyses of regional agreements to offer alternative accounts of regional integration. The work emphasizes that institutional context and social actors at multiple governance levels are integral to the progressive construction and regulation of regional space. It further contributes to the literature by combining insights from overlooked regional entities in transition and developing countries with original analyses from the European Union and the NAFTA. These aims will be achieved by combining original research that is empirically grounded with theoretically informed analysis.
Most existing theoretical approaches to industrial relations and human resources management (IR/HRM) build their analyses and policy prescriptions on one of two foundational assumptions. They assume either that conflict between workers and employers is the natural and inevitable state of affairs; or that under normal circumstances, cooperation is what employers can and should expect from workers. By contrast, A New Theory of Industrial Relations: People, Markets and Organizations after Neoliberalism proposes a theoretical framework for IR/HRM that treats the existence of conflict or cooperation at work as an outcome that needs to be explained rather than an initial presupposition. By identifying the social and organizational roots of reasoned, positively chosen cooperation at work, this framework shows what is needed to construct a genuinely consensual form of capitalism. In broader terms, the book offers a critical theory of the governance of work under capitalism. ‘The governance of work’ refers to the structures of incentives and sanctions, authority, accountability and direct and representative participation within and beyond the workplace by which decisions about the content, conditions and remuneration of work are made, applied, challenged and revised. The most basic proposition made in the book is that work will be consensual—and, hence, that employees will actively and willingly cooperate with the implementation of organizational plans and strategies—when the governance of work is substantively legitimate. Although stable configurations of economic and organizational structures are possible in the context of a bare procedural legitimacy, it is only where work relationships are recognized as right and just that positive forms of cooperation will occur. The analytic purpose of the theory is to specify the conditions under which substantive legitimacy will arise. Drawing in particular on the work of Alan Fox, Robert Cox and Jürgen Habermas, the book argues that whether workers fight against, tolerate or willingly accept the web of relationships that constitutes the organization depends on the interplay between three empirically variable factors: the objective day-to-day experience of incentives, constraints and obligations at work; the subjective understanding of work as a social relationship; and the formal institutional structure of policies, rules and practices by which relationships at work are governed.
