The Right To Strike In International Law
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The Right To Strike In International Law
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Author : Jeffrey Vogt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-03-19
The Right To Strike In International Law written by Jeffrey Vogt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-19 with Law categories.
This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association. The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right. The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international law.
International Labour Standards The Case Of Freedom To Strike
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Author : Ruth Ben-Israel
language : en
Publisher: Springer
Release Date : 1988-01-26
International Labour Standards The Case Of Freedom To Strike written by Ruth Ben-Israel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-01-26 with Law categories.
International Labour Standards: The Case of Freedom to Strike
Ilo Principles Concerning The Right To Strike
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Author : Bernard Gernigon
language : en
Publisher: International Labour Organization
Release Date : 2000
Ilo Principles Concerning The Right To Strike written by Bernard Gernigon and has been published by International Labour Organization this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Labor disputes categories.
Regulating Strikes In Essential Services
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Author : Moti (Mordehai) Mironi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-09
Regulating Strikes In Essential Services written by Moti (Mordehai) Mironi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-09 with Law categories.
Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.
The Right To Strike Under The European Court Of Human Rights
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Author : Charalampos Stylogiannis
language : en
Publisher: GRIN Verlag
Release Date : 2017-01-09
The Right To Strike Under The European Court Of Human Rights written by Charalampos Stylogiannis and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-09 with Law categories.
Master's Thesis from the year 2016 in the subject Politics - Topic: Public International Law and Human Rights, grade: 70%, University College London, course: LLM, language: English, abstract: This paper seeks to examine, from a human rights perspective, the degree of protection of the right to strike under Article 11 ECHR. Chapter One examines whether Article 11 ECHR offers any possibility for reading into its provisions a general right to strike. It will scrutinise the initial reluctance of the ECtHR to proceed to such an interpretation, and thus to adequately safeguard the right at issue. Chapter Two discusses the course through which the initial despair preceded the subsequent hope of the Demir and Baykara judgement while considering the case’s impacts on the protection of the right to strike. Chapter Three critically examines the decision in the RMT v. UK case, in which the ECtHR appeared to misplace any optimism its previous jurisprudence had generated. It will focus on the UK’s problematic pre-industrial notices which are necessary for the workers in escaping tortious liability, and on the classification, by the Court, of a secondary action as an ‘‘accessory’’, rather than a core aspect of trade unions’ activity. Chapter Four at first refers to the importance of the right to strike as a human right. It is argued that its enhanced protection can result in the promotion of human rights for both those taking part in the industrial action and those who are not formally engaged in the dispute. Finally, it discusses why the ECHR constitutes the 'safest' route through which individuals and trade unions can challenge breaches vis a vis the right to strike.
The Compatibility Of The Prohibition Of Political Strikes With International And Eu Labour Law
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Author : Fabian Bünnemann
language : en
Publisher:
Release Date : 2015
The Compatibility Of The Prohibition Of Political Strikes With International And Eu Labour Law written by Fabian Bünnemann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The Right To Strike
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Author : Bernd Waas
language : en
Publisher:
Release Date : 2014
The Right To Strike written by Bernd Waas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Right to strike categories.
The present volume is an outcome of the proceedings of the World Congress of the International Society for Labour and Social Security Law which took place in Santiago, Chile, in September 2012. The country reports submitted at that time have been modified and updated, and more country reports have been added. Each chapter covers the following specific topics: legal definitions; the legal basis of the right to strike; the right to call a strike; the right to participate in a strike; lawful strikes according to their purpose; procedural requirements; peace obligations; other limitations to strikes; the public sector and 'essential services'; specific emanations of strikes and other forms of industrial action; legal consequences of lawful strikes; legal consequences of unlawful strikes; dispute resolution; support of strikers; parity of parties and neutrality of the state; and strikes in practice.
Laws Against Strikes The South African Experience In An International And Comparative Perspective
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Author : AA. VV.
language : en
Publisher: FrancoAngeli
Release Date : 2015-06-19T14:30:00+02:00
Laws Against Strikes The South African Experience In An International And Comparative Perspective written by AA. VV. and has been published by FrancoAngeli this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-19T14:30:00+02:00 with Law categories.
300.72
International And European Protection Of The Right To Strike
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Author : Tonia Novitz
language : en
Publisher: Oxford University Press on Demand
Release Date : 2003
International And European Protection Of The Right To Strike written by Tonia Novitz and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
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, butthey 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 greaterconsistency 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 thecurrent responses of the ILO, the Council of Europe and the EU to these forces for change.
Freedom Of Association And Collective Bargaining
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Author : International Labour Office. Committee of Experts on the Application of Conventions and Recommendations
language : en
Publisher: International Labour Organization
Release Date : 1994
Freedom Of Association And Collective Bargaining written by International Labour Office. Committee of Experts on the Application of Conventions and Recommendations and has been published by International Labour Organization this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Collective bargaining categories.