Fundamental Labour Rights in China - Legal Implementation and Cultural Logic

Fundamental Labour Rights in China - Legal Implementation and Cultural Logic PDF

Author: Ulla Liukkunen

Publisher: Springer

Published: 2015-12-12

Total Pages: 276

ISBN-13: 3319231561

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This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China’s domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.

Problems in the Implementation of Chinese Human Rights Obligations

Problems in the Implementation of Chinese Human Rights Obligations PDF

Author: Kumiko K. Julie

Publisher: Xlibris Corporation

Published: 2010-03-08

Total Pages: 103

ISBN-13: 1450055265

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The objective of the study is to analyze Chinese human rights issues in the implementation of obligations in the fields of Chinese national labor laws and the incorporation of international labor law standards in the domestic legal order. The study has undertaken the ways for China to be qualified minimum obligations of the international labor law standards. Later in the chapters, there will be definitions of applicable international conventions and comparisons to Chinese national legislation. Since China hosted the Beijing Olympics 2008, more doors have opened for China to undertake successful transformation of development strategy and political schema. I would like to clarify the main highlights of this research. The main questions that I will point out during the thesis will be the following: ? How does China fit in the existing framework of guiding responsibility followed by international human rights standards? ? How does the International Covenant of Economic, Social, and Cultural Rights obligate China to implement economic and social rights? ? How does the ratification of ICCPR develop human rights under international human rights law? China has already made various levels of changes since 1970s, and my expectation for China will be that they will continuously and dramatically change in term of improvements within the next fifty years. Economic growth can be made within twenty-five years; however, political, legal, and social implementations may take at least a half century. For China, as one of the Asian nations, historical and cultural backgrounds always follow for most of domestic improvements and implementations.

The Right to Work in China

The Right to Work in China PDF

Author: Haina Lu

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9789400001916

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From an international law perspective, this book examines the legislative protection of the right to work in China. As a human right, the right to work is an understudied subject, so is its national protection in China. The book conducts a systematic and comprehensive exploration on the content and State obligations regarding the right to work in international law, including both international human rights law and international labor law. It also examines the latest developments in China's legislation, especially labor law, in the light of clarified international standards. The book analyzes the implications of the Chinese experiences for the international human rights system.

International Labour Organization and Global Social Governance

International Labour Organization and Global Social Governance PDF

Author: Tarja Halonen

Publisher: Springer Nature

Published: 2020-10-16

Total Pages: 151

ISBN-13: 3030554007

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This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UN ́s oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers’ rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO’s second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania. Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.

Research Handbook on Labour, Business and Human Rights Law

Research Handbook on Labour, Business and Human Rights Law PDF

Author: Janice R. Bellace

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 528

ISBN-13: 1786433117

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Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.

Collective Bargaining in Labour Law Regimes

Collective Bargaining in Labour Law Regimes PDF

Author: Ulla Liukkunen

Publisher: Springer Nature

Published: 2019-10-02

Total Pages: 619

ISBN-13: 3030169774

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This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

Megaregionalism 2.0

Megaregionalism 2.0 PDF

Author: Ernst Dieter

Publisher: World Scientific

Published: 2018-05-30

Total Pages: 532

ISBN-13: 9813229845

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This book provides new insights for policy debates on how to strengthen the gains from trade for innovation through an inclusive trading environment that facilitates access to knowledge for all. Rising economic nationalism, especially in the United States, creates new challenges to an enlightened globalization agenda. The US government has withdrawn from the Transpacific Partnership agreement (TPP) that once was considered to be the gold standard of megaregionalism, suggesting the need to highlight once again the critical role that international trade and investment play in fostering sustainable growth and prosperity. Fostering innovation and facilitating the links between trade and innovation are becoming increasingly important for developed and developing economies alike. But equally important are economic policies to ensure that gains and losses from trade for innovation are shared by all. This book is a must read for trade economists, innovation economists, trade negotiators, trade lawyers, and academicians interested in current transformations in the global economy and their impact on innovation and economic growth.

The Many Lives of Transnational Law

The Many Lives of Transnational Law PDF

Author: Peer Zumbansen

Publisher: Cambridge University Press

Published: 2020-04-02

Total Pages: 539

ISBN-13: 1108490263

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Sixty years after Jessup's Transnational Law Lectures, this collection traces the field's development and significance to the present day.

Human Rights in China

Human Rights in China PDF

Author: Eva Pils

Publisher: John Wiley & Sons

Published: 2017-11-10

Total Pages: 256

ISBN-13: 1509500731

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How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.

Global Governance of Labour Rights

Global Governance of Labour Rights PDF

Author: Axel Marx

Publisher: Edward Elgar Publishing

Published: 2015-11-27

Total Pages: 344

ISBN-13: 1784711462

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Stories and images of collapsed factories, burned down sweatshops, imprisoned migrant workers, child workers and many other violations of internationally recognized labour rights continue to spread across the globe. This highly topical book examines the different instruments which are intended to protect labour rights on a transnational scale, and asks whether they make a difference. With perspectives from law, management, sociology, political science and political economy, the topics discussed include the protection of international labour rights in a globalizing economy, the EU’s social dimension in its external trade relations, Asian and US perspectives on labour rights in international trade agreements, the role of (trade) unions in global labour governance and the transformative capacity of private labour governance regimes. Academics and advanced students from different disciplines will benefit from the up-to-date empirical material in this study. Policymakers, NGOs and Unions will find the discussions of the instruments used to protect labour rights of great value to their work.