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Social and labour rights in a global context

International and comparative perspectives

Bob Hepple

Cambridge University Press 2007, 295 s. ISBN 9780521047326
Bogomtale fra forlaget.

The active pursuit of social and labour rights is seen as a crucial response to globalization. These essays, written by leading scholars from the UK, Ireland, France, Germany, Italy, Japan and the USA, question the effectiveness of the rhetoric of rights such as those to decent work and security, equal opportunity, adequate food and housing, and healthcare. The authors examine emerging approaches in several European countries, Japan, and the USA and in codes of practice of multinational companies. Attempts by the International Labour Organization to promote core rights and decent work, and techniques of enforcement at regional level by the EU and NAFTA receive special attention.

• Written by leading scholars of social, labour and human rights law from the UK and Ireland, France, Germany, Italy, Japan and the USA • Unique perspectives on the effects of globalization and the network society on the nature and justifications for social and labour rights • Provides ideas on the constitutionalisation and legal enforcement of social and labour rights at national, European Union and international levels

Contents

List of contributors; Acknowledgements; List of abbreviations; Table of cases; Introduction Bob Hepple; Part I. Responses to Globalisation: 1. Common law, labour law, global law Lord Wedderburn; 2. The interaction of the ILO, the Council of Europe and European Union labour standards Paul O’Higgins; Part II. The Potential of Fundamental Social Rights in the European Union: 3. The Politics of the EU Charter of Fundamental Rights Manfred Weiss; 4. Market freedom and fundamental social rights Silvana Sciarra; 5. Corporate governance, European governance and social rights Catherine Barnard and Simon Deakin; Part III. Constitutionalisation and Enforcement of Social Rights: Some Comparisons: 6. Social rights as fundamental human rights Ivan Hare; 7. The legal efficacy and significance of fundamental social rights: lessons from the European experience Antoine Lyon-Caen; 8. An American perspective on fundamental labour rights Cynthia L. Estlund; 9. The impact of fundamental social rights on Japanese law Takashi Araki; 10. Enforcement: the law and politics of cooperation and compliance Bob Hepple; Index.