Architects, Landscapers, and Gardeners in the Transnational Futures of International Labor Law

2021 ◽  
pp. 590-614
Author(s):  
Adelle Blackett
Keyword(s):  
International Law ◽  
Labor Law ◽  
Public International Law ◽  
Transnational Law ◽  
Historical View ◽  
International Labor ◽  
Transnational Solidarity ◽  
Traditional Understanding

International labor law was a paradigmatic field for public international law. This chapter chronicles the ambivalent move to embrace a less hierarchical and traditional understanding of legal ordering in transnational labor law. Evoking research on normative thickening through metaphorical recourse to the architect, landscaper, and gardener, this chapter challenges the starting assumption of order, calls for a long historical view that unbundles labor law from a narrow industrialization-centered narrative, and turns attention to the ways in which the labor law landscape can be held in motion. Underscoring the ways that labor sharpens understandings of transnational law, this chapter reads transnational solidarity and emancipation into a methodological account of transnational law.

Remarks by James Nevins Hyde:

1973 ◽  
Vol 67 (5) ◽  
pp. 245-248
Author(s):  
James Nevins Hyde
Keyword(s):  
Saudi Arabia ◽  
International Law ◽  
Comparative Law ◽  
International Arbitration ◽  
Public International Law ◽  
Transnational Law ◽  
Legal Situation ◽  
Municipal Law ◽  
The Government ◽  
Oil Company

Transnational law includes municipal law, public international law, and conflicts, including some attention to comparative law. For example, the international arbitration between the Arabian-American Oil Company and the Government of Saudi Arabia required George Sauser-Hall, the arbitrator, to weigh all of these variables. When you consider working in this field you should realize that you are concerned with politics, economics, and different bodies of law and also with great areas of uncertainty. I suppose that the current ITT case with $92 millions of investment insurance is a good example of the uncertainty when a political and legal situation gets mixed up.

Labor law: national and international dimension

2021 ◽  
Author(s):  
Nikita Lyutov ◽  
Vyacheslav Bobkov ◽  
Elena Volk ◽  
Ilona Voytkovskaya ◽  
Svetlana Golovina ◽  
...  
Keyword(s):  
International Law ◽  
Labor Law ◽  
Labor Standards ◽  
Legal Research ◽  
International Labor Standards ◽  
International Dimension ◽  
The Third ◽  
Legal Method ◽  
International Labor ◽  
Theoretical Issues

The first volume of the collective monograph "Labor Law: National and International Dimension", prepared by leading experts in Russian and international labor law, labor economics, philosophy of law, is devoted to the general problems of modern labor law. The first section of the volume deals with general theoretical issues of modern labor law, the second rethinks the principles of labor law in modern conditions, and the third analyzes modern employment problems. Most of the issues are investigated from the standpoint of the national labor law of Russia, international labor standards using the comparative legal method, as well as an intersectoral approach to legal research. For practitioners and researchers in the field of labor, international law, economics and sociology of labor, as well as students, postgraduates and anyone interested in this issue.

scholarly journals Past as Prologue? Theorizing Transnational Labor Law Between Jessup and Jenks

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 413-417
Author(s):  
Guy Fiti Sinclair
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Labor Law ◽  
International Labour Organization ◽  
Private International Law ◽  
Public And Private ◽  
Economic Relations ◽  
International Labor ◽  
International Economic Relations ◽  
Short Essay

When contemplating the transnational futures of international labor law, it is worthwhile pausing to reflect on the origins of that body of law and its relationship to the idea of transnationalism itself. Seeking to establish the universality of human problems, Philip Jessup famously defined transnational law as “all law which regulates actions or events that transcend national frontiers,” including both public and private international law as well as “other rules which do not fully fit into such standard categories.” This concept has proven extraordinarily durable, impacting legal theory in a variety of fields, not least transnational labor law. It is noteworthy, however, that Jessup's foundational text makes only a handful of references to the International Labour Organization (ILO) and instead focusses to a much greater extent on problems involving other aspects of international economic relations. This short essay connects and compares Jessup's concept of transnationalism to another conceptual framework in international law, devised at around the same time, which has a more direct lineage in the practice of the ILO and, perhaps, a place in its future development.

Contexts of Transnational Law

2019 ◽  
pp. 869-897 ◽  
Author(s):  
Uwe Kischel
Keyword(s):  
European Union ◽  
South America ◽  
International Law ◽  
Legal System ◽  
General Level ◽  
Legal Systems ◽  
Technical Approach ◽  
European Union Law ◽  
Public International Law ◽  
Transnational Law

This concluding chapter addresses transnational law. Public international law and European Union law are by no means the only transnational legal orders. There are also smaller transnational systems in South America or Africa which are modeled on European Union law, but which lag far behind in terms of importance and level of sophistication. The context of public international law is marked by a number of features which distinguish it from the various contexts of national law. At a very general level, public international law is characterized by a stronger interweaving of fact and law; heightened importance of politics; and a less technical approach to norms, their text, and their meaning than lawyers may be accustomed to. Meanwhile, European Union law is an independent legal system which, at least in its present, highly-developed form, has much more in common with national legal systems than with public international law.

Relationship between fixed and permanent labor contracts in Georgian and international law

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 60-75
Keyword(s):  
International Law ◽  
Labor Law ◽  
Labor Contracts ◽  
Framework Agreement ◽  
Labor Contract ◽  
Term Contract ◽  
Council Directive ◽  
Labor Legislation ◽  
International Labor ◽  
Term Labor

This article was written to describe the main regulations under Georgian labor law about fixed-term and permanent labor contracts. It was made to analyze the problems under Georgian Labor Code about regulating these two type of contracts. Under Georgian labor code the labor contract of fixed-term can be signed by the parties if the prerequisites strictly regulated by Georgian labor code is protected. It means that the parties can sign fixed-term labor contract only in few cases, which are written in Georgian labor Code. This article has for the main object to analyze these prerequisites strictly regulated by Georgian law, compare them to international labor documents and give recommendations to refi ne Georgian labor legislation. Under international law, under Social Charter, under COUNCIL DIRECTIVE 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP the fixed-term labor contract can be signed between two parties if there is an objective reason and this objective reason should be written in labor contract. Due to Georgian labor code there are five prerequisites to sign fixed-term labor contract. One of them is „another objective“ reason, which gives to employer the power to sign fixed-term labor contract with an employed with „another objective“ reason, the employer can use„ another objective reason“ without any obligation to prove why is he drafting the fixed-term contract with an employed person. According to this article the author tries to give recommendations to evaluate Georgian legislation and practice in labor law, gives the example of foreign country’s labor legislation and is trying to underline the need of good and fare interpretation of Georgian labor code about fixed-term labor contracts by Georgian court.

The contractualisation of public international law

2021 ◽  
Vol 17 (1) ◽  
pp. 100-106
Author(s):  
Ilias Bantekas
Keyword(s):  
International Law ◽  
Land Rights ◽  
Short Paper ◽  
Public International Law ◽  
Transnational Law ◽  
Parliamentary Sovereignty ◽  
Indigenous Land Rights ◽  
Private Actors ◽  
Domestic Law ◽  
Indigenous Land

This short paper intends to set out a general theory underpinning the process of contractualisation of public international law. In doing so, it explains that this has chiefly been engineered through the establishment of a third sphere of regulation – in addition to the spheres of domestic law(s) and international law – namely transnational law. Both private actors and states operate through this sphere, chiefly because of its flexibility, decreased transaction costs and access to capital (which is scarce in the other two spheres). These benefits of transacting in the transnational-law sphere and the contractualisation of pertinent relationships come at a cost. Such a cost, from the perspective of human rights and parliamentary sovereignty, is explored by reference to two case-studies. The second of these, on the outsourcing of indigenous land rights, is predicated on the research and observations offered by Bhatt (2020).

Sign in / Sign up

Export Citation Format

Share Document