De-Territorializing Labor Law

2009 ◽  
Vol 3 (2) ◽  
pp. 189-222 ◽  
Author(s):  
Guy Mundlak

Labor law was traditionally a domestic project, defined on the basis of a geographic territory or a synthetic community; its norms were determined by the state and applied to employers and workers who resided within the state. Commonly, labor law is administered on a territorial basis, applies to incoming workers, and stops at the borders in respect of other states' sovereignty when capital migrates. Globalization affects the background in which labor law operates, including the increased interdependence of markets, the constitution of communities that transcend national borders, and the development of institutions outside and within the nation-state, which displace the locus of regulation from the traditional state level. De-territoriality claims that territory and sovereignty should be understated within the dominion of labor law in order to correct a deep structural imbalance in labor markets. This imbalance was not created by globalization, and as long as it appeared in a consistent yet bounded manner in each and every state, labor law's project was rendered possible by territorial arrangements. With the process of globalization, the territorial solutions previously created within labor law are no longer adequate. When territoriality is adhered to, migrating workers receive partial protection, while migrating capital can easily choose its most convenient forum as a means, inter alia, of undermining labor law's protection to workers. De-territorialization seeks to restore the original intent of labor law's project, which is to level off the distinct strategies that are available to labor and capital in a globalized labor market.

2017 ◽  
Vol 6 (3) ◽  
pp. 385-395
Author(s):  
Richard Cebula ◽  
James E. Payne ◽  
Donnie Horner ◽  
Robert Boylan

Purpose The purpose of this paper is to examine the impact of labor market freedom on state-level cost of living differentials in the USA using cross-sectional data for 2016 after allowing for the impacts of economic and quality of life factors. Design/methodology/approach The study uses two-stage least squares estimation controlling for factors contributing to cost of living differences across states. Findings The results reveal that an increase in labor market freedom reduces the overall cost of living. Research limitations/implications The study can be extended using panel data and alternative measures of labor market freedom. Practical implications In general, the finding that less intrusive government and greater labor freedom are associated with a reduced cost of living should not be surprising. This is because less government intrusion and greater labor freedom both inherently allow markets to be more efficient in the rationalization of and interplay with forces of supply and demand. Social implications The findings of this and future related studies could prove very useful to policy makers and entrepreneurs, as well as small business owners and public corporations of all sizes – particularly those considering either location in, relocation to, or expansion into other markets within the USA. Furthermore, the potential benefits of the National Right-to-Work Law currently under consideration in Congress could add cost of living reductions to the debate. Originality/value The authors extend the literature on cost of living differentials by investigating whether higher amounts of state-level labor market freedom act to reduce the states’ cost of living using the most recent annual data available (2016). That labor freedom has a systemic efficiency impact on the state-level cost of living is a significant finding. In our opinion, it is likely that labor market freedom is increasing the efficiency of labor market transactions in the production and distribution of goods and services, and acts to reduce the cost of living in states. In addition, unlike previous related studies, the authors investigate the impact of not only overall labor market freedom on the state-level cost of living, but also how the three sub-indices of labor market freedom, as identified and measured by Stansel et al. (2014, 2015), impact the cost of living state by state.


2019 ◽  
Author(s):  
Nathan Seltzer

U.S. labor markets have experienced transformative change over the past half century. Spurred on by global economic change, robotization, and the decline of labor unions, state labor markets have shifted away from an occupational regime dominated by the production of goods to one characterized by the provision of services. Prior studies have proposed that deterioration of employment opportunities may be associated with the rise of substance use disorders and drug overdose deaths, yet no clear link between changes in labor market dynamics in the U.S. manufacturing sector and drug overdose deaths has been established. Using restricted-use vital registration records between 1999-2017 that comprise over 700,000 drug deaths, I test two questions. First, what is the association between manufacturing decline and drug and opioid overdose mortality rates? Second, how much of the increase in these drug-related outcomes can be accounted for by manufacturing decline? The findings provide strong evidence that restructuring of the U.S. labor market has played an important upstream role in the current drug crisis. Up to 77,000 overdose deaths for men and up to 40,000 overdose deaths for women are attributable to the decline of state-level manufacturing over this nearly two-decade period. These results persist in models that adjust for other social, economic, and policy trends changing at the same time, including the supply of prescription opioids. Critically, the findings signal the value of policy interventions that aim to reduce persistent economic precarity experienced by individuals and communities, especially the economic strain placed upon the middle class.


Author(s):  
Ines Wagner

The introduction concisely explicates the main points of discussion relevant for the chapters of this book. It shortly analyzes the implications of the de-territorialization of “bounded” national labor markets, sets the scene for how the regulatory framework and is used and its implications for labor market regulations, points to the possibilities for resistance within transnational workspaces, and presents the shifting relationship between the changes in the territorial nation state and its institutional apparatus and among the changes in employment relations in the EU. It shortly outlines the methods and approach.


Author(s):  
Murat Tasci ◽  
Caitlin Treanor

Unemployment rates vary across individual US states at any point in time and respond to business-cycle fluctuations differently. Evaluating what constitutes a "normal" level for the unemployment rate at the state level is not easy, but it is an important issue for policymakers. We introduce a framework that enables us to calculate the normal unemployment rate for each of the four states in the Fourth District and compare that rate to the national normal rate. We conclude that these states and the District as a whole have very little labor market slack left from the Great Recession.


2005 ◽  
Vol 43 (3) ◽  
pp. 467-488 ◽  
Author(s):  
Richard Reid

A little over a decade after the achievement of independence, Eritrea is confronted by a range of social and political problems, problems which are rooted both in the nation's past and in the ruling movement's interpretation of that past. This paper is concerned with the widening gulf between the nation-state, as envisaged by the Eritrean People's Liberation Front (EPLF) during the liberation struggle and as currently ‘imagined’ by the government, and the socio-political reality. Eritrean society is now marked by widening divisions between the ‘struggle generation’ and the membership of the former EPLF on the one hand, and large sections of the remainder of the population, notably youth. The 1998–2000 war with Ethiopia, the root causes of which are as yet unresolved, has proved more destructive than was apparent even at the time, and has been used by the state as a vindication of the EPLF's particular interpretation of the past. Political and social repression, rooted in a militaristic tradition and a profound fear of disunity, has intensified since the war. In this paper the current situation is examined in terms of the deep frustration felt by younger Eritreans, the urban–rural divide, the state-level determination to cling to the values and the aims of the liberation struggle, and the position of Eritrea in international politics.


2020 ◽  
Vol 23 (2) ◽  
pp. 7-20
Author(s):  
Terence M. Garrett

Immanuel Kant’s language and concept of foedus pacificum (league of peace) combined with his call for a spirit of trade promised a prescription for world peace—“seeking to end all wars forever.” Nation-state level cooperation between liberal democracies has borne out Kant’s analysis to some effect. A consequence of the twin pursuits of foedus pacificum and spirit of trade has ironically resulted in the exploitation of society. Today’s international corporations adversely affect public policies ostensibly designed to protect citizens through an anti-democratic market-based ideology within the State—as seen through the lenses of Foucauldian post-structural theory and Debord’s society of the spectacle. The author proposes that globalist-corporatist control of governing apparatuses is now exposed for its authoritarian tendencies. This action could result in the ultimate destruction of the representative democratic state with the onset of neoliberalism and authoritarianism.


2018 ◽  
Vol 7 (4.38) ◽  
pp. 682
Author(s):  
Nabi Saidkarimovich Ziyadullaev ◽  
Nikolay Vasilyevich Lyasnikov ◽  
Evgeniy Danilovich Katulsky ◽  
Nataliya Vladimirovna Vysotskaya ◽  
Olga Anatolievna Pak ◽  
...  

The article reviews possibilities of economic and mathematical modeling in labor market management. A model of the dynamics of processes in the labor market at the state level, applying a model of competition with self-regulation of numbers, is presented. 


2020 ◽  
Vol 12 (515) ◽  
pp. 238-244
Author(s):  
K. V. Bondarevska ◽  

The article defines the directions of development and implementation of the strategy for ensuring social security in the labor market of Ukraine, taking into account the current state of the sphere of labor and employment. In particular, the main structural elements of the strategy are defined, including its purpose and objectives; subjects, object and subject matter; fundamental principles of strategy; characteristics and assessment of both external and internal threats to social security in the labor market (in particular, by means of SWOT analysis); criteria and indicators of social security in the labor market; priority directions, measures and mechanisms for ensuring social security in the labor market, taking into account its multilevelness. The author’s own vision of the concept of a multilevel strategy for ensuring social security in the labor market of Ukraine is substantiated and the priority directions of its implementation at the State level are characterized. Among the strategic priorities are defined the directions and measures of public policy that will contribute to the neutralization of major threats and negative phenomena at the national level. In particular, measures have been characterized that will contribute to the achievement of key goals for ensuring social security in the labor market: balance of its development; deshadowing of employment; reducing unemployment, primarily among the least competitive categories of the workforce – young people and older people; increase in the level of remuneration and labor incomes of the population. As result of the implementation of the proposed measures, it is expected to improve the state of social security in the labor market, which will have an expression in the growth of the level of balance of the labor market; reducing the scale of the manifestation of major threats to its development, including informal employment, the spread of unemployment, low level of real wages; as well as in ensuring the increase in income and welfare of the population of Ukraine.


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