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The global economy poses major new questions for employment and
social policy on an international scale. Governments worldwide face
dilemmas; whether to liberalize trade and investment or opt for
protectionism; and whether to create flexible or tightly regulated
labour markets. These same questions are hotly debated within the
World Trade Organization, the International Labour Organization,
the International Monetary Fund and the World Bank, and also within
regional blocs such as the European Union, NAFTA, MERCOSUR, APEC
and SADC. For neo-liberals, as for old-style labour protectionists,
the choices may appear to be relatively simple. But most
Governments and policy makers are striving to achieve a balance
between free trade and investment on the one hand and high
employment and raised social standards on the other. This book,
written by a leading authority on international labour law,
provides a thorough and comprehensive analysis of the complex
policy and legal choices which face those wishing pursue a broadly
social democratic response to the removal of barriers to trade and
investment in a globalized market economy dominated by
transnational corporations.
The active pursuit of social and labor rights is seen as a crucial response to globalization. Essays by leading scholars from the U.K., Ireland, France, Germany, Italy, Japan and the U.S. question the effectiveness of the new rhetoric of rights (such as decent work and security; equality of opportunity; adequate food and housing; and healthcare). The contributors examine emerging new approaches at the international and E.U. level in several European countries, Japan, and the U.S. and in codes of practice of multinational companies.
It is November 1963. The white police state has captured almost all
the underground leaders of the struggle against apartheid,
including Nelson Mandela, and put them on trial on charges that
carry the death penalty. Bob Hepple, a 29-year-old lawyer, is
making his hazardous escape from South Africa into Bechuanaland,
the neighbouring British Protectorate, in order to avoid being
called as a state witness. He has acted as Mandela's legal adviser
and has been a lifeline to the underground leaders, with whom he
was arrested on 11 July 1963 at Liliesleaf Farm, Rivonia, and
detained without trial. He has managed, in Mandela's words about
him, to 'outwit the enemy', and now faces the bitter revenge of Dr
Yutar, the state prosecutor. In this memoir of these dramatic
events, Bob Hepple throws fresh light on the character of Mandela
and other leaders and on the controversies surrounding the
emergence of the South African Communist Party and its 'secret'
resolution in December 1960 to begin the armed freedom struggle.
There is a first-hand account of Mandela's period as the 'Black
Pimpernel', his 1962 trial for incitement, and of the Rivonia raid
in 1963. He gives a graphic account of the psychological effects of
interrogation in solitary detention without trial, and of the
difficult personal choices he had to make. Bob Hepple tells his
story against the background of the experiences of his childhood
and youth in a racist society. These experiences led him -
described by a pro-government newspaper as 'a young man with a red
tie' - to play a role as a student activist against racial
segregation in the universities, an adviser and assistant to the
virtually illegal multi-racial trade unions, a lawyer defending
political victims of the police state, and to a lifetime fighting
for human rights.
The active pursuit of social and labour rights is seen as a crucial
response to globalization. These essays, written by leading
scholars from the UK, Ireland, France, Germany, Italy, Japan and
the USA, question the effectiveness of the rhetoric of rights such
as those to decent work and security, equal opportunity, adequate
food and housing, and healthcare. The authors examine emerging
approaches in several European countries, Japan, and the USA and in
codes of practice of multinational companies. Attempts by the
International Labour Organization to promote core rights and decent
work, and techniques of enforcement at regional level by the EU and
NAFTA receive special attention.
This is a re-issue of a book first published in 1986, which studies
the way in which labour law took shape in nine European countries
(the Member States of the EEC in 1979)-Belgium, Britain and
Ireland, Denmark, France, Germany, Italy, the Netherlands and
Luxembourg - from the beginning of the industrial revolution up to
1945. The book explains similarities and differences between modern
systems in these countries as the outcome of continuing struggles
between different social groups and competing ideologies in the
context of industrialisation and economic development.The book thus
provides the essential underpinning to its companion, the new book,
The Transformation of Labour Law in Europe (Hart: 2009, ISBN:
9781841138701), which continues the historical comparative study of
the development of labour law in Europe since 1945. Other
contributors include Antoine Jacobs, Thilo Ramm, Bruno Veneziani
and Eliane Vogel-Polsky, with the assistance of Ole Hasselbalch and
Jean-Claude Javillier. 'A major contribution to comparative legal
scholarship' Lord Wedderburn. Industrial Law Journal (1988)
The Code of International Labour Law brings together for the first
time in coherent sequence the entire range of materials relating to
international labour law, as adopted by the International Labour
Conference and the Governing Body of the International Labour
Office, together with all relevant authoritative commentary on
these measures by official organs of the ILO.
New to Hart Publishing, this is the seventh edition of the classic
casebook on tort, the first of its kind in the UK, and for many
years now a bestselling and very popular text for students. This
new edition retains all the features that have made it such a
popular and respected text, with extensive commentary, questions
and notes supplementing the selection of cases and statutes which
form the core of the book. Taking a broadly contextual approach,
the book addresses all the main topics in tort law, is up-to-date,
doctrinally sound, stimulating and highly readable.
The second edition of this widely-acclaimed book about the Equality
Act 2010 by one of its leading architects brings forward the story
of how and why this historic legislation was enacted and what it
means, to cover the first four years of its implementation by the
Coalition Government and in the courts. This includes an assessment
of amendments to the legislation, the reduction in the powers and
budget of the Equality and Human Rights Commission and the
imposition of tribunal fees, as well as a discussion of possible
future directions of equality law and policy. From the Foreword to
the first edition by Lord Lester of Herne Hill QC 'This is no
ordinary law book, and its author is no ordinary lawyer. The book,
like the Equality Act 2010 which it describes and discusses, is a
major landmark in the long struggle for effective legal protection
of equal rights and equal treatment without direct or indirect
discrimination. It places the law in its political, economic and
social context and traces its often contested and controversial
legal history...'.
The labour laws of European democracies all underwent major
transformations in the seven decades after the Second World War.
Following reconstruction, these laws became an essential element in
the building of welfare states; in the 1980s and 1990s they were
the target of neo-liberal deregulation; and at the beginning of the
21st century new 'flexible' labour laws have attempted to integrate
economic and social policy. This book, a sequel to 'The Making of
Labour Law in Europe- A Comparative Study of Nine Countries up to
1945' (ed. B Hepple), compares the similarities and differences in
the ways in which EU Member States reflected and shaped these
general developments, in the context of economic, social and
political changes over the period 1945-2004. Note: the Publishers
are issuing a reprint of the first volume, 'The Making of Labour
Law in Europe - A Comparative Study of Nine Countries up to 1945'
to coincide with publication of the sequel. The great strength of
the collection is on the focus on context, with chapters looking at
developments in labour market trends and structures of worker
represntation. Whilst probably not a book for a general readership,
this is by no means an exclusively academic text. There is much of
interest for active trace unionists and those with an interest in
pan-European developments affecting workers. Darren O'Grady
European Review Summer Issue 2010
The focus of globalization studies is on how global processes can
be better regulated in order to deliver both economic growth and
social justice. Labor laws provide an excellent case study of the
creation of a new framework to reconcile free trade and investment
with social objectives. This book, written by a leading authority
on international and comparative labor law, provides a thoughtful
and comprehensive analysis of the new methods of transnational
labor regulation that are emerging in response to globalization.
The author reassesses orthodox views, from the viewpoint of a
theory of comparative institutional advantage, and suggests ways in
which transnational regulation can be re-invented in the new global
economy. This will be of interest to students of law, human rights,
industrial relations, globalization, international trade and
development, as well as policy-makers in international and regional
organizations, governments, employers' bodies, trade unions and
NGOs.
The need for a legislative framework for ensuring equality of
opportunity is not seriously questioned in the UK. However,despite
the presence on the Statute book of various significant pieces
legislation dating back to the mid 1970s, there remain deep-seated
structural disadvantages which blight the lives of many women,
Black and Asian people, and disabled persons. The Stephen Lawrence
inquiry report highlighted the presence of institutionalised racism
in the police. Similar barriers can also be found in other public
services and in private sector organisations. There are also
insistent demands for the extension of legislation to cover
discrimination on other grounds such as religion, age and sexual
orientation. Discriminatory behaviour cannot be remedied by
legislation alone, or simply by the actions of government, courts
and tribunals and Commissions. Political and social leadership,
customer and peer pressure, the development of good practices and
campaigning all have a crucial part to play. Employers, trade
unions, social organisations and clubs, service providers and
individuals all have to take voluntary action to achieve the goals
of the legislation. One thing that is clear is that the present
legislation is badly in need of modernisation. The present acts are
outdated, piecemeal and inconsistent. They fall short of the
standards set by EU law, international human rights law, and the
Human Rights Act. In writing this report, the authors set out to
develop an accessible and cost-effective legislative framework for
ensuring equality of opportunity, and to propose other measures
which will promote equal opportunity policies and spur compliance
with those policies. In the course of preparing the report they
have considered experience in other countries. They have heard from
many individuals and organisations who have either experienced the
effects of discrimination or attempted to counter it. They
conducted a survey of employers in Britain, Northern Ireland and
the USA, which shows that human resource managers are looking for a
new more inclusive approach not only to prevent discrimination but
also to provide positively for the fair participation of all
groups. These views, together with those of an advisory group drawn
from government, the Commissions, and tribunals, as well as a panel
of academic and practising lawyers, form the backdrop to the
recommendations contained in this report. Coming at a time when the
Government is committed to introducing new equality legislation the
report is bound to be highly influential. It will be essential
reading for all those interested in human rights, discrimination
and employment law, and human resources management. TABLE OF
CONTENTS Introduction - Aims and Methodology Ch. 1 - Why a new
famework is needed Ch. 2 - Harmonising legislation and institutions
Ch. 3 - Changing organisational policy and behaviour Ch. 4 - Making
procedures and remedies more effective Appendices The research was
sponsored by the Joseph Rowntree Charitable Trust and the Nuffield
Foundation, and was conducted under the auspices of the Centre for
Public Law and the Judge Institute of Management Studies in the
University of Cambridge.
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