Contents:
Preface
PART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW
1. Conceptualizing Transnational Labour Law
Adelle Blackett and Anne Trebilcock
PART II TRANSNATIONAL LABOUR LAW AS LAW
A Transnational Labour Law’s Methods
2. Global Organizing and Domestic Constraints
Ashwini Sukthankar
3. Corporate Governance Structures and Practices: From Ordeal to
Opportunities and Challenges for Transnational Labour Law
Isabelle Martin
4. A ‘Dialogic’ Approach In Perspective
Laurence Boisson De Chazournes
5. International Labour Indicators: Conceptual and Normative
Snares
Mark Barenberg
6. Due Diligence on Labour Issues – Opportunities and Limits of the
UN Guiding Principles on Business and Human Rights
Anne Trebilcock
B Challenging Austerity, Facing Development: The North-South
Challenge to Transnational Labour Law
7. Structural Adjustment, Economic Governance and Social Policy in
a Regional Context: The Case of the Eurozone Crisis
Zoe Adams and Simon Deakin
8. International Financial Institutions’ Approaches to Labour Law:
The Case of the International Monetary Fund
Franz Christian Ebert
9. Racism and the Regulation of Migrant Labour
Adrian A. Smith
10. China’s Challenge to Labour Law in both the Global North and
the Global South
Sean Cooney
11. Anti-Austerity Activism Strategies: Combining Protest and
Litigation in Spain
Julia López López
PART III TRANSNATIONAL LABOUR LAW AS LABOUR LAW
A Freedom of Association in the Specificity of Labour Law
12. Pushback on the Right to Strike: Resisting the Thickening of
Soft Law
Janice R. Bellace
13. The Right to Take Collective Action: Prospects for Change in
European Court of Justice Case Law in Light of European Court of
Human Rights Decisions
Reingard Zimmer
14. Freedom of Association in Deliberative Spaces: The ILO
Credentials Committee
Faina Milman-Sivan
15. Freedom Of Association In International Framework
Agreements
Renée-Claude Drouin
16. Transnational Labour Law and Collective Autonomy for
Marginalized Workers: Reflections on Decent Work for Domestic
Workers
Adelle Blackett
B On Human Rights and Equality: Does Transnational Labour Law
Provide Spaces and Vehicles to Challenge Domestic Labour Law’s
Exclusions?
17. Inclusive Equality and New Approaches to Discrimination in
Transnational Labour Law
Colleen Sheppard
18. Working Together Transnationally
Cynthia Estlund
19. Can Human Rights Based Labour Policy Improve the Labour Rights
Situation in Developing Countries? A Look at Mexico and the
Countries of Central America
Graciela Bensusán
20. Constitutionalising Labour in the Inter-American System on
Human Rights
Rose-Marie Belle Antoine
C Emerging Roles for the ILO as an Actor in Transnational Labour
Law
21. ILO Normative Action In Its Second Century: Escaping The Double
Bind?
Francis Maupain
22. The ILO’s Supervisory Bodies’ ‘Soft Law Jurisprudence’
Claire La Hovary
23. Pluralism and Privatization in Transnational Labour Regulation:
Experience of the International Labour Organization
Janelle M. Diller
24. Emergent Maritime Labour Law: Possible Implications for other
Transnational Labour Fields
Aimée Asante and Ben Chigara
PART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONAL
A Thickening Soft Law? ‘Privatising’ or Infusing Transnational
Labour Law with Public International Law Norms?
25. Transnational Private Labour Regulation, Consumer-Citizenship
and the Consumer Imaginary
Kevin Kolben
26. Thickening Soft Law Through Consumocratic Law: A Pragmatic
Approach
P. Martin Dumas
27. Diffusion and Leveraging of Transnational Labour Norms by the
OECD
Jean-Marc Thouvenin
28. The Use of Arbitration to Decide International Labour
Issues
Kathleen Claussen
B Beyond WTO Linkage: Emerging Directions and Social
Regionalism
29. What The World Trade Organization Learned From The
International Labour Organization
Steve Charnovitz
30. Harnessing the Governance Capacity of the European Union:
Transnational Labour Law Responses to the Exploitation of Migrant
Agricultural Workers
Jo Hunt
31. Private International Law Rules for Transnational Employment:
Reflections from the European Union
Aukje Van Hoek
32. Social Regionalism in the Southern Africa Development
Community: The International, Regional and National Interplay of
Labour Alternative Dispute Resolution Mechanisms
Pamhidai H. Bamu and Rutendo Mudarikwa
33. Labour Rights and Trade Agreements in the Americas
Paula Church Albertson and Lance Compa
C The Transnational Challenge to the Regulation of Labour as a
Factor of Production: on Commodification
34. Trading in Services – Commodities and Beneficiaries
Tonia Novitz
35. The Curious Incident of the ILO, Myanmar and Forced Labour
Brian Langille
36. The Implications of Preparatory Works for the Debate Regarding
Slavery, Servitude and Forced Labour
Jean Allain
37. Child Labour and Fragile States in Sub-Saharan Africa:
Reflections on Regional and International Responses
Aristide Nononsi
38. A Transnational Law of Just Transitions for Climate Change and
Labour
David J. Doorey
Index
Edited by Adelle Blackett, Professor of Law, Canada Research Chair in Transnational Labour Law and Development and Director of the Labour Law and Development Research Laboratory, McGill University, Canada and Anne Trebilcock, University of Göttingen (Institut für Arbeitsrecht), Germany and former Legal Adviser of the International Labour Organization
'The chapters in this thoroughly useful reference book on current
developments and challenges in TLL provide very thoughtful,
up-to-date and "to the point" commentary and insights.'
*Alan Boulton, Monash University and Fair Work Commission,
Australia*
'The list of 41 authors of this Handbook reads like a roll-call of
the rising generation of scholars of labour law as well as a number
of distinguished old hands. This is not a conventional textbook on
transnational labour law but a series of short and stimulating
essays on important current issues. It provides an invaluable guide
for all those who want to think and write about the transnational
influences that shape the modern world of work.'
*Sir Bob Hepple QC FBA, University of Cambridge, UK*
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