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International Journal of Comparative Labour Law and Industrial Relations
Number of Followers: 25

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ISSN (Print) 0952-617X
Published by Kluwer Law International

[21 journals]

People with Intellectual Disabilities and Employment Discrimination Law: A
US Case Study
- Abstract: This article explores how anti-discrimination law has been applied in relation to employment discrimination faced by people with intellectual disabilities. Although disability discrimination laws are now found in many states, there has been relatively little litigation by those with intellectual disabilities as regards employment discrimination. This article examines experience in the USA in order to identify the potential of anti-discrimination law, as well as its limitations in practice. It considers litigation brought by individual plaintiffs, as well as enforcement actions by public bodies. This concerns employment in the open labour market, but also sheltered employment schemes. The article concludes by reflecting on what lessons may be derived from US experience.
  Content Type Journal Article
  Part of Volume 35, Issue 4
  Authors
  Mark Bell, Regius Professor of Laws, Trinity College Dublin, University of Dublin.
  Journal International Journal of Comparative Labour Law and Industrial Relations
  Online ISSN 0952-617X
  Print ISSN 0952-617X
  PubDate: Fri, 27 Dec 2019 12:00:00 +000
Regulating Labour Disputes in the Police Services: Legal and Practical
Perspectives from Ontario and British Columbia, Canada
- Abstract: Ontario and British Columbia, Canada, have not seen a police strike in living memory. The reason for this is the mandatory interest arbitration model adopted in the two provinces, which sees disputes that cannot be resolved by mutual bargaining referred to a panel of arbitrators who assess submissions in light of statutory criteria. Police officers, and the unions who represent them, have utilized this model to increase pay and improve working conditions often, employers say, without regard to ‘ability to pay.’ This article assesses that claim against the results that the model produces and how insiders understand the system as operating. Its conclusion is that interest arbitration has produced good results, especially for police and emergency workers and the community they serve, but the means of getting there have soured relations and may need reform to remain sustainable into the future.
  Content Type Journal Article
  Part of Volume 35, Issue 4
  Authors
  Giuseppe Carabetta, Senior Lecturer, The University of Sydney, Australia.
  Journal International Journal of Comparative Labour Law and Industrial Relations
  Online ISSN 0952-617X
  Print ISSN 0952-617X
  PubDate: Fri, 27 Dec 2019 12:00:00 +000
Towards Work Liberalization: The WTO Discourse on Labour Standards and
Policy
- Abstract: After the rejection of any inclusion of a social clause in the World Trade Organization agreements, the 1996 Singapore Declaration formally separated the organizational remits for labour and trade in international law. Since then the World Trade Organization (WTO) has been reticent in addressing labour-related issues in multilateral fora, thus distancing itself from social concerns intimately related to the international trade of goods and services. However, a close reading of the World Trade Reports between 2003 and 2017 shows that the WTO addresses labour standards and policy extensively. The WTO discourse advances specific views on how international trade interrelates with labour standards, labour market policy, migrant workers, unemployment benefits, workers’ skills and social protection. This article shows that the WTO Secretariat, through its reports, strongly links the success of its agenda to deregulatory reforms in labour market policy and labour standards. Against this background the article argues that the crisis of the WTO today, rather than being caused externally by a protectionist turn, is rooted in the failure of the international trade system to sufficiently engage with social concerns.
  Content Type Journal Article
  Part of Volume 35, Issue 4
  Authors
  Natalia Delgado, Lecturer in Employment Law, Law School, University of Southampton.
  Journal International Journal of Comparative Labour Law and Industrial Relations
  Online ISSN 0952-617X
  Print ISSN 0952-617X
  PubDate: Fri, 27 Dec 2019 12:00:00 +000
Two Sides of One Coin: The US-Guatemala Arbitration and the Dual Structure
of Labour Provisions in the CPTPP
- Abstract: This article revisits and critically analyses the panel’s decision and reasoning in the dispute between the United States and Guatemala under the labour provisions of the Dominican Republic–Central America Free Trade Agreement vis-à-vis the treaty interpretation rules under the Vienna Convention on the Law of Treaties. It further seeks to draw implications for the construction of labour provisions of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The article sheds light on the normative and theoretical rationales that underlie tradelabour linkages in general, and the labour provisions under such free trade agreements in particular. Ultimately, the paper makes a case for the dual structure of conditionality-based labour provisions, a legal characteristic that demands that each of them pursue two different goals, first, protecting labour rights as human rights (social goal) and second, securing the condition of fair competition in trade/ investment and preventing a race to the bottom in labour regulation (economic goal). With this proposal, it attempts to put the long-overlooked, deontologically normative value that labour provisions pursue in its right place without prejudice to their role of levelling the playing field.
  Content Type Journal Article
  Part of Volume 35, Issue 4
  Authors
  June Namgoong, Associate Research Fellow at the Korea Labour Institute, Republic of Korea.
  Journal International Journal of Comparative Labour Law and Industrial Relations
  Online ISSN 0952-617X
  Print ISSN 0952-617X
  PubDate: Fri, 27 Dec 2019 12:00:00 +000
List of Abbreviations
- Abstract:
  Content Type Journal Article
  Part of Volume 35, Issue 4
  Journal International Journal of Comparative Labour Law and Industrial Relations
  Online ISSN 0952-617X
  Print ISSN 0952-617X
  PubDate: Fri, 27 Dec 2019 12:00:00 +000
Abbreviation Index
- Abstract:
  Content Type Journal Article
  Part of Volume 35, Issue 4
  Journal International Journal of Comparative Labour Law and Industrial Relations
  Online ISSN 0952-617X
  Print ISSN 0952-617X
  PubDate: Fri, 27 Dec 2019 12:00:00 +000
Article Index
- Abstract:
  Content Type Journal Article
  Part of Volume 35, Issue 4
  Journal International Journal of Comparative Labour Law and Industrial Relations
  Online ISSN 0952-617X
  Print ISSN 0952-617X
  PubDate: Fri, 27 Dec 2019 12:00:00 +000