scholarly journals Trade, Labor and International Governance – An Inquiry into the Potential Effectiveness of the New International Labor Law

Author(s):  
Kevin Banks
Author(s):  
Samir Amine ◽  
Wilner Predelus

The merit of employment regulations in a market economy is often measured by their effectiveness in facilitating job creation without jeopardizing the notion of “decent work,” as defined by the International Labor Organization (ILO). Consequently, the recent literature on employment legislation has extensively focused on the flexibility of the labor market, as a fair middle ground is always necessary to avoid undue distortions that can negatively impact the economy and worker's wellbeing. This chapter analyzes the provisions of the labor law in Haiti and how it affects job security and flexibility to observe a flexible structure that rather benefits employers. Notably, labor law in Haiti may have in fact rendered workers more vulnerable because these labor legislations were enacted on the assumption that employers and workers are on the same footing when it comes to industrial relations, while historic facts do not support such an assumption.


Author(s):  
Elizabeth McKillen

This book explores the corporatist alliance between President Woodrow Wilson and the American Federation of Labor (AFL) and how it sparked debates over his foreign policy programs within labor circles. During World War II, Wilson pledged to make the world “safe for democracy.” For Wilson, the cooperation of the United States and international labor movements was critical to achieving this goal. To win domestic and international labor support for his foreign policies, Wilson solicited the help of AFL's conservative leaders. This book traces the origins of the partnership that developed between the Wilson administration and AFL leaders to promote U.S. foreign policy, from its tentative beginnings during policy deliberations over how the United States should respond to the Mexican revolution, through World War I, to its culmination with the creation of the International Labor Organization (ILO). It details the significant opposition to the Wilson–AFL collaboration that arose among U.S., transnational, and international labor, Socialists, and diaspora Left groups and how this opposition affected Wilson's efforts to create a permanent role for labor in international governance.


2009 ◽  
Vol 3 (1) ◽  
pp. 83-86
Author(s):  
Eyal Benvenisti

This comment on Brian Langille's article agrees with Langille's claim that inter-state competition should not be viewed as the main challenge to the global efforts to regulate labor rights. The comment suggests, however, that there is another type of competition that poses a challenge, namely a transnational competition which takes place among sub-state actors. Focusing on this "transnational conflict paradigm," the ILO has the tools to engage domestic constituencies in an effort to promote labor rights within the respective member states.


2017 ◽  
Vol 7 ◽  
pp. 159-173
Author(s):  
Alexander Zavgorodniy

The main purpose of the article is to identify the contradictions and problems arising when both international labor standards and Russian labor law are applied and separate guarantees to workers are provided in the case of their dismissal. The object of the research is the employment relationship which arises between the employer and the employee when social guarantees are given to the workers when the employment relations are terminated. This article considers the regulations of Russian and foreign labor law which provide workers with certain guarantees if the employment contract is terminated at the initiative of the employer. For the first time, these guarantees are considered from a comparative legal perspective. Specific recommendations about improvement of the Russian labor law and its enforcement.


Author(s):  
Fauzan Fauzan

The position between workers and workers in labor law always places an unbalanced position, where the position of workers will always be in a weak position. In the dispute over industrial relations disputes regulated in Law Number 2 of 2004 the basis for evidence is based on Article 163 HIR (Herzien Indonesis Reglement)/ 283 RBg (Rechtsreglement Buitengewesten) / 1865 BW (burgerlijk wetboek voor Indonesie). The provisions of this Article give rise to injustice about the reverse evidence that has been established by the International Labor Organization (ILO) through international labor standards and other ILO legal instruments regarding reverse proof in cases of dismissal, Freedom of Association, and Equality in Employment and Occupation. This research utilizes a juridical normative, descriptive approach and is supported by case studies as data support, and an analysis is carried out based on qualitative methods and legal comparisons.


Sign in / Sign up

Export Citation Format

Share Document