Colin Fenwick - Böcker

This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialized ones, therefore making it a significant contribution to the field.In large part, the authors conclude that regulation of labour can play a positive role in promoting social and economic development, especially over time. Effective regulation has the potential to promote democratic engagement at work and beyond. However its impact is dependent on how much its design grapples with the particular arrangements of work occurring within different industries, reflecting the nature of development and social relations within that country. Contributors emphasize that regulation needs to be adapted to the challenges presented by non-standard employment relations, changes in the structure of work and the rise of global value chains. This collection's exploration of labour regulation in developing countries will be of interest to labour law scholars and teachers, to policy-makers in the field of labour regulation - especially in the global South - as well as to technical advisers and those engaged in the practice of industrial relations.Contributors include: G. Bensusán, D. Cheong, S. Deakin, F. Ebert, C. Fenwick, S. Godfrey, K. Kolben, S. Marshall, K. Sankaran, M. von BroembsenIn Association with the International Labour Organization

This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance. Drawing on both field studies and innovative theoretical perspectives, the contributors reveal an emerging consensus that labour regulation is neither negative nor positive for economic and social outcomes. By comparing the concerns and methodologies of various disciplines, they argue that balanced regulation is essential. Following analysis of how the global financial crisis has increased labour market segmentation, the book addresses the needs of key groups often at the periphery, including young women, workers in the informal economy, migrants and home-care workers. The book argues that effective and efficient labour market regulation can contribute to achieving key policy goals of employment formalization and inclusive labour markets, while also pursuing equitable distribution. An important comparative work, academics and students will find this book to be of exceptional value, particularly those studying law, economics, political science, international relations and development studies. Practitioners and policy-makers from both developed and developing countries will also benefit from the wide range of perspectives.Contributors include: D. Bailey, F. Bertranou, L. Casanova, S. Charlesworth, A. De Ruyter, C. Fenwick, M. Freedland, J. Grundy, B.-H. Lee, R. Rachmawati, J. Rubery, M.I. Syaebani, M.P. Thomas, K. Tijdens, V. Van Goethem, M. Van Klaveren, A.M. Vargas Falla, L.F. Vosko, T. Warnecke

Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries.The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.