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The Importance of Art. 9 (3) Grundgesetz for the Establishment of Trade Unions in Germany
Document from the year 2010 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 1,0, T.C. Yeditepe University Istanbul, language: English, abstract: The modern German civil law is based on the idea of freedom of contract (Rüthers, 2003, p. 26). This implies the freedom of individuals to negotiate contracts without any interference of the government. This concept can only lead to fair and reasonable results if two equal parts are negotiating (Rüthers, 2003, p. 28). If one party has more or better alternatives than the other, the result is more likely to be unfair and inequitable (Blum, 2007, p. 9). Art. 9 (3) GG deals with the Vereinigungs- und Koalitionsfreiheit, the freedom to found and join societies and associations. This matter is closely linked to the legal questions arising from collective agreements and strikes (Freckmann, 1999, p. 96). After presenting the wording of Art. 9 (3) GG, followed by a short overview concerning the history of Art. 9 (3) GG, these questions will be elaborated in more detail in this midterm paper.
Contracting International Employee Participation
In the last two decades, multinational companies (MNCs) and global union federations (GUFs) have started to negotiate so-called global framework agreements (GFAs) which define minimum standards for labor conditions across their locations. This book focuses on the question why companies conclude GFAs, and identifies four groups of incentives: reduction and privatization of conflicts; public relations; promotion of equal competitive conditions; exogenous requirements and avoidance of public regulation. Based on an in-depth analysis of incentives considered to play a dominant role in the decision of companies to conclude GFAs, the book attempts to predict under which conditions GFAs can be expected to proliferate in the future.
Power, Participation, and Private Regulatory Initiatives
From unsafe working conditions in garment manufacturing to the failure to consult indigenous communities with regard to extractive industries that affect them, human rights violations remain a pervasive aspect of the global economy. Advocates have long called upon states, as the primary duty bearers and enforcers of human rights, to hold corporations directly accountable for violations committed throughout the supply chain. More recently, many business and human rights advocates have considered the development and enforcement of private regulatory initiatives (PRIs) to certify that actors along the supply chain conform to certain codes of conduct. Many advocates see these PRIs as holding the...
The Internationalisation of the Labour Question
This edited collection is a global history of workers’ organisations since 1919, the year when the International Labour Organisation (ILO), the Comintern and the International Federation of Trade Unions were formed. This historical moment represents a caesura in labour history as it epitomises the beginning of what the editors and the contributors in this book call the internationalisation of the labour question. The case studies in this centenary volume analyse the relationship between global workers’ organisations and the new ideological confrontation between liberal capitalism, socialism and communism since the Bolshevik Revolution in Russia. Workers’ organisations, trade unions in ...
Human Rights Due Diligence and Labour Governance
Human rights due diligence (HRDD) has emerged as a dominant frame through which to conceptualise and operationalise responsible business conduct with respect to workers' rights in global supply chains. Legislation mandating HRDD is now found in several European countries and across various national regulatory agendas. Many scholars, practitioners, and activists are actively calling for further legalisation, believing that this will broaden respect for human rights. Yet to date, there has been little sustained scholarly analysis from a labour rights perspective. Observing that HRDD, as originally articulated in the UN Guiding Principles on Business and Human Rights, is open to multiple interp...
The Impact of Regulation on Remuneration in Banks. An Analysis of EU, UK and German Law
The excessive risk-taking at banks might account for the failure of financial undertakings, as well as to systemic problems in the European Union and around the world. The inappropriate design of remuneration systems in many financial institutions is reported to induce such risk-taking. The EU regulators have intervened through legislative measures which have been differently implemented in Member States. Such legislative measures face critics due to the restriction in banks’ freedom of business. However, this book will point out that regulations are necessary and can be justified in order to protect the common good of a sound functioning financial market. Nevertheless, the effectiveness of current legislative provisions is challenged. Therefore, this book will critically analyse the legislation of bankers’ remuneration, focussing on relevant EU, UK and German measures.
The demolition
After "Corona" comes the war! Suddenly it becomes clear that Europe has been fooling itself for years with the hope of "change through trade". And while there is intense debate about arms deliveries - yes or no, or maybe just 5000 helmets - the war reveals another problem: the collapse of the supply chain cycle! The supply of grain and vegetable oils is decreasing dramatically. Ukraine exported over 16 million tons of grain annually, mostly to North Africa and the Middle East. And while heated debates continue over the approval of Nord Stream 2, Russian gas continues to flow to Europe via Nord Stream 1, indirectly financing Putin's war. And while possible arms deliveries continue to be debated, we lurch into the next crisis.
Advances in Legume Research
Legumes crops have an extraordinary importance for the agriculture and the environment. In a world urgently requiring more sustainable agriculture, food security and healthier diets the demand for legume crops is on the rise. The International Legume Society (http://ils.nsseme.com) organizes a triannual series of conferences with the goal to serve as a forum to discuss interdisciplinary progress on legume research. The Second International Legume Society Conference (ILS2) hosted in October 2016 at Troia, Portugal was the starting point for the Research Topic “Advances in Legume Research” in FiPS, that was also open to spontaneous submissions.
Global Values and International Trade Law
Exploring the relationship and interaction between economic interests and normative non-trade values, this book argues that the emergence and development of non-trade values is based on a complex dialectic interaction between selfish economic interests and normative values, and examines how their structural interdependence has given rise to a remarkable evolution in international trade. Conceiving this relationship as an intricate dialectic one that is neither purely value-driven, nor purely economic-interest-driven, it addresses the emergence, function, and role of non-trade values in international trade with a synthetizing approach and explores the results of their interaction in international economic intercourse. Approaching the non-trade issues of trade in a holistic manner, the book demonstrates that trade can operate smoothly only if it is framed by an architecture of normative value standards and international trade liberalization has reached the level where further development calls for cooperation also in fields that, at first glance, may appear to be non-trade in nature.
Combatting Modern Slavery
Over the last decade, the world’s largest corporations – from The Coca Cola Company to Amazon, Apple to Unilever – have taken up the cause of combatting modern slavery. Yet, by most measures, across many sectors and regions, severe labour exploitation continues to soar. Corporate social responsibility is not working. Why? In this landmark book, Genevieve LeBaron lifts the lid on a labour governance regime that is severely flawed and limited. She takes a close-up look at the millions of corporate dollars spent on anti-slavery networks, NGO partnerships, lobbying for new transparency legislation, and investment in social auditing and ethical certification schemes, to show how such effort...
