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Employment and Private International Law
This invaluable collection gathers together a unique set of articles that focus on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The articles reflect their time, but also discuss timeless questions that raise specific features and fundamental issues of this ever-changing subject area. Together with an original introduction by the editor, the collection draws attention to the broader regulatory framework and significant challenges to traditional approaches under way. This collection will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.
Collective Bargaining in Labour Law Regimes
This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.
Employee Participation and Collective Bargaining in Europe and China
Collective labour law is, for the most part, national law. It is often the result of social struggle and political compromise occurring in the national context. Unlike other fields of private law, it has not been the object of legal harmonisation, at either international or European levels. However, as national frontiers progressively open up for goods and services, collective labour law has become increasingly exposed to international and supranational law. This book contains the papers presented at an international conference held at the Max Planck Institute for Comparative and International Private Law in 2014. The authors look, from a comparative perspective, at current developments in the fields of collective bargaining and employee participation in several European countries and in China. They analyse the extent to which differences between the national legal systems still prevail and whether common features are about to emerge. With contributions by Chen Su, Orjan Edstrom, Matteo Fornasier, Robbert H. van het Kaar, Li Jianfei, Ulla Liukkunen, Louise Merrett, Etienne Pataut, Achim Seifert, Bernd Waas, Xie Zengyi, Zhang Hui
International Labour Organization and Global Social Governance
This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UN ́s oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers’ rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour...
Coherence and Fragmentation in European Private Law
One of the most important characteristics of today’s private law is that it increasingly flows from different sources: Next to national legislation and case law, it is also shaped by European and supranational sources and rapidly becoming a mixture of differently oriented rules and principles. This development can be described as one from coherence to fragmentation. The aim of the new book is to consider how this important shift has worked out in different subfields of the law like in contract and property law, in competition, insurance, marketing and private international law as well as in the law of intellectual property. This cross-disciplinary approach shows how pervasive legal fragmentation has become, and points out how to remedy the adverse effects it brings with it. The volume is therefore indispensable for anyone interested in how Europeanisation affects national private laws.
Community Interests Across International Law
To what extent are states expected to take into account the interests of others when conducting relations with other states? This is thequestion examined by this book as it considers the various manifestations of what has been described as community interests in areas regulated by international law.
Current Issues of Comparative Law – Questions actuelles de droit comparé
On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. The General Congresses of the Academy are held every four years and address from a comparative perspective a multitude of topics that appear particularly relevant in our contemporary society. This book gathers a selection of the general contributions to the 20th General Congress dealing with current issues in Comparative Law. This is a premiere for the Academy. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports. Du 22 au 28 juillet ...
International Labour Law Reports
The "International Labour Law Reports" is a series of annual publications of labour law judgements by the highest courts in a number of jurisdictions. "ILLR" is intended primarily for the use of judges, labour law practitioners, industrial relations specialists and students who need or desire ready access to authoritative information of a comparative nature on problems arising in the field of labour law and industrial relations. Each judgement reprinted in "ILLR" is accompanied by Headnotes and in practically all cases by an Annotation which sets forth, among other things, the legal issues involved, the basic facts of the case (if not included in the judgement itself), the relevant statutory provisions and judicial precedents, the labour law and industrial relations context in which the case arose and the significance of the judgement in the development of the law. As a rule, judgements are printed in extenso; editorial discretion has been relied upon to delete or to summarize portions of judgements that are purely technical or only of marginal interest. This volume covers the period 1 October 2003 to 30 September 2004.
Research Handbook on Transnational Labour Law
The editors’ substantive introduction and 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.
International Commercial Contracts
Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with various applicable sources. It considers vital questions concerning the role played by contractual regulation, by national law and by transnational sources. What is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration? This revised second edition has been fully updated to reflect developments in the field and includes useful tools like tables of cases and sources, and a list of electronic resources and databases.
