scholarly journals A Study On The Legal Methodologies of International Law——Especially From The Aspect of International Labor Law

2015 ◽  
Author(s):  
Longyang Xia
Keyword(s):  
International Law ◽  
Labor Law ◽  
International Labor

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.

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.

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.

scholarly journals International Labor Law in Relation to International and Private Law

Law and World ◽  
2021 ◽  
Vol 7 (3) ◽  
pp. 98-108
Keyword(s):  
International Law ◽  
Labor Law ◽  
Public Law ◽  
Private Law ◽  
Private International Law ◽  
International Labor Organization ◽  
International Labor Standards ◽  
International Labor ◽  
Relationship Of ◽  
The Relationship

The purpose of this article is to clarify the essence of international labor law (transnational labor law). This article presents and analyzes the relationship of international labor law with public international law and national labor law. The article also focuses on the possibility of considering it as a complex field. The article emphasizes the importance of introducing international labor law as a subject in higher education. The article quotes and discusses the opinions of various scholars regarding whether international labor law is a field of public law or private law, a sub-field of international law or private international law, etc. Subjects and sources of international labor law regulation were defined to determine the attitude towards a specific field of law. This article states that national labor law should be in line with the goals of the International Labor Organization to reduce social inequality, to regulate and protect labor and associated labor relations in accordance with international labor standards and universally recognized human rights. It has been suggested that while international labor law is a branch of public law, it is closely related to private law, in particular, to the national labor law. Other conclusions have been made in this article based on the research methods.

Employment Protection Legislation in Haiti

2018 ◽  
pp. 209-221
Author(s):  
Samir Amine ◽  
Wilner Predelus
Keyword(s):  
Industrial Relations ◽  
Job Creation ◽  
Labor Law ◽  
Employment Protection ◽  
Employment Protection Legislation ◽  
International Labor Organization ◽  
Decent Work ◽  
International Labor ◽  
Protection Legislation ◽  
Employment Legislation

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.

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