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Book
xxiii, 481 p. ; 25 cm.
In Europe, industrial disputes with a cross-border impact do arise, and will continue to, in other sectors of the economy as well, due to the expanding "Europeanization" of the economy. As a result, they will or may become a more common feature in multinational enterprises when they operate in a European and global context. Recent cases are perfect illustrations of the complex interaction between economic freedoms and the fundamental social right to take collective action. This kind of industrial dispute tends to raise fundamental questions about the position of industrial action within the framework of the EU/EC. At present, the right to take collective action with a cross border impact constitutes a major legal challenge. First, the question arises whether divergence between domestic labor law and domestic private international law impedes the effective use of cross-border collective action. Another quintessential issue that arises is whether Community law itself can become an obstac.
(source: Nielsen Book Data)9789050957052 20160527
Law Library (Crown)
Book
xxxvii, 419 p. ; 24 cm.
  • 1. Why Investigate Protection Of The Right To Strike?-- 2. Reasons For Legal Protection And Restriction Of Strikes-- 3. Inclusion Of The Right To Strike In International Instruments-- 4. The Ability Of Supervisory Bodies To Initiate Protection Of A Right To Strike-- 5. Jurisprudence Relating To The Scope Of The Right To Strike-- 6. Past Sources Of Divergence And Prospects For Future Developments.
  • (source: Nielsen Book Data)9780198298540 20160528
In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of 'good governance' and 'democratic participation' at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions. Critics of domestic labour legislation tend to appeal to international and European standards, chiefly those promulgated by the International Labour Organisation (ILO), the Council of Europe and the European Union (EU). All these organisations acknowledge the importance of a right to strike, but they differ in the manner in which the right is defined and protected. This book suggests that this is because each organisation adopts a distinctive view of the appropriate justificatory basis of this entitlement. This work also addresses current enthusiasm for reforming the governance of international and European organisations which would bolster their legitimacy. It is suggested that, despite the entrenched structures and cultural norms of each institution, such a process of reform could lead to greater consistency of standards relating to the right to strike. A crucial question for workers, in the light of these developments, is whether there will be a 'levelling up' of rights or diminishing protection for those who organise or participate in industrial action. This book ends by considering the current responses of the ILO, the Council of Europe and the EU to these forces for change.
(source: Nielsen Book Data)9780198298540 20160528
Law Library (Crown)
Book
xv, 200 pages ; 23 cm.
  • Introduction / Bob Hepple, Rochelle le Roux and Silvana Sciarra
  • The freedom to strike and its rationale / Bob Hepple
  • The international and regional framework / Tonia Novitz
  • Constitutionalising the right to strike / Halton Cheadle
  • Representativeness and the legitimacy of bargaining agents / Luisa Corazza and Emma Fergus
  • The role of trade unions in strikes / Alan Rycroft
  • Limitations of the right to strike in the public sector and essential services / Tamara Cohen and Rochelle le Roux
  • Political strikes / Giovanni Orlandini
  • Running the gauntlet : understanding policing responses and strategies to strike violence / Julie Berg and Simon Howell
  • Heritage and adjustment : some concluding remarks / Silvana Sciarra.
The Marikana massacre at a platinum mine in South Africa on 16 August 2012 reflected a deep social crisis in post-apartheid South Africa, but also marked a failure of voluntary collective bargaining. Against the backdrop of Marikana and other violent protest action in "South Africa, Laws Against Strikes examines what went wrong with labour relations in South Africa and what can be done to stabilise and improve those relations. In the European Union, the right to strike has been at the centre of the complex and controversial jurisprudence of the Court of Justice regarding industrial action, which started with the rulings in Viking and Laval in 2007. Although violence was not a factor in those cases, they brought into public focus the problem of disequilibrium between economic freedoms and fundamental social rights. Since 2008, the era of austerity measures in Europe has also called into question the adequacy of labour laws and has revealed that organisations representing collective interests lack the power to significantly influence macro-economic policy. Laws Against Strikes, comprising contributions from South African, Italian and British legal scholars, examines the right to strike in periods of socio-economic crisis. The book aims to contribute to the debates on this issue, by comparing, where appropriate, the operation of the right to strike in South Africa with its operation in the European Union countries."--Page 4 of book cover.
SAL3 (off-campus storage)
Book
xv, 200 pages ; 23 cm.
  • The freedom to strike and its rationale / Bob Hepple
  • The international and regional framework / Tonia Novitz
  • Constitutionalising the right to strike / Halton Cheadle
  • Representativeness and the legitimacy of bargaining agents / Luisa Corazza and Emma Fergus
  • The role of trade unions in strikes / Alan Rycroft
  • Limitations of the right to strike in the public sector and essential services / Tamara Cohen and Rochelle le Roux
  • Political strikes / Giovanni Orlandini
  • Running the gauntlet : understanding policing responses and strategies to strike violence / Julie Berg and Simon Howell
  • Heritage and adjustment : some concluding remarks / Silvana Sciarra.
"The Marikana massacre at a platinum mine in South Africa on 16 August 2012 reflected a deep social crisis in post-apartheid South Africa, but also marked a failure of voluntary collective bargaining. Against the backdrop of Marikana and other violent protest action in "South Africa, Laws Against Strikes examines what went wrong with labour relations in South Africa and what can be done to stabilise and improve those relations. In the European Union, the right to strike has been at the centre of the complex and controversial jurisprudence of the Court of Justice regarding industrial action, which started with the rulings in Viking and Laval in 2007. Although violence was not a factor in those cases, they brought into public focus the problem of disequilibrium between economic freedoms and fundamental social rights. Since 2008, the era of austerity measures in Europe has also called into question the adequacy of labour laws and has revealed that organisations representing collective interests lack the power to significantly influence macro-economic policy. Laws Against Strikes, comprising contributions from South African, Italian and British legal scholars, examines the right to strike in periods of socio-economic crisis. The book aims to contribute to the debates on this issue, by comparing, where appropriate, the operation of the right to strike in South Africa with its operation in the European Union countries."-- Back cover.
Law Library (Crown)

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