 Subjects -> LABOR UNIONS (Total: 27 journals)
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- Towards a Sustainable Social Law: What Role for Legal Scholars'
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Abstract: This article outlines an initial research agenda for legal researchers who intend to contribute to the shaping of a ‘sustainable social law’. This notion refers to a social law system that continues to meet the challenges of social justice, without transgressing planetary boundaries and endangering ecosystems. The development of the research agenda is based on two observations. First, the transformation of social law into a sustainable discipline will require its emancipation from the productivist ideology according to which human well-being depends on constant increase in production. Second, social law is pluralist and therefore contains, at its margins, mechanisms that deviate from productivism and can help frame a sustainable future. On this basis, the proposed research agenda is centred on the comparison and classification of non-productivist time-spaces that are already protected by social law, or could become so, through the unfolding of creative legal interpretations. Social law is also approached as a category for analysing equality issues in times of ecological transition, according to the distribution of non-productivist time-spaces it institutes between individuals. Finally, legal scholars could investigate, in empirical studies, whether resistance to the productivist imperative could explain the uses, illegal or not, and non-uses of social law measures by individuals.
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- Rethinking the Labour-Environment (Land) Nexus: Beyond Coloniality,
Towards New Epistemologies for Labour Law-
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Abstract: The existential threat posed by anthropogenic climate change is a powerful indictment of contemporary capitalism. It requires us to directly confront modern capitalism as a civilizing project that renders irrational and obsolete other possibilities of organizing economic and social life. Adopting a decolonial perspective that incorporates theories of racial capitalism, coloniality, and social reproduction, we examine how racial/colonial capitalism articulates the labourenvironment nexus in ways that facilitate or undermine different sorts of livelihoods and socioecologies. We then reflect on how the differentiation and hierarchization that flow from exploitation (labour) and expropriation (labour and land) are reproduced in labour law’s epistemology, evidencing its coloniality. We conclude with a call to embrace epistemic pluralism as crucial to developing labour law that reflects and facilitates heterogeneous livelihoods and ecopolitical justice.
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- Labour Law and the ‘Capitalocene’: Law, Work and Nature in the
Ecological Long Durée-
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Abstract: The concept of the ‘Capitalocene’ draws attention to the origins of the climate crisis in capitalist dynamics, and specifically to the need for natural resources to be reproduced for less than their true cost if firms are to remain profitable. This insight suggests that the environmental crisis, manifested by extreme climate events, and the crisis in labour law, manifested by wage suppression and rising inequality, have the same root cause. Bringing production and reproduction back into balance will require changes of a structural kind to the global economy, and a rethinking of the law-nature nexus.
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- Introduction: The Labour-Environment Nexus - Exploring New Frontiers in
Labour Law-
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Abstract: This special issue is the result of a scholarly dialogue in which the guest-editors and the article contributors engaged in the context of the international symposium ‘The Labour-Environment Nexus: Legal Perspectives and Beyond’. The special issue contributes to the existing labour law literature on the labour-environment nexus by charting new territory and populating this emerging field of inquiry within labour law – a field which provides fertile ground for reexamining established concepts and boundaries within our area, exploring its relationship to and interaction with other disciplines, and its transformative potential. After presenting the background to this special issue, and setting out some key research questions for the debate, the guesteditors provide an overview of the main issues addressed in the articles, concluding with an outline for a future research agenda in the field of the labour-environment nexus.
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- Human Rights as a Regulatory Tool for ‘Just Transition’ in
Europe (and Beyond)-
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Abstract: In the context of increasing human rights litigation on climate change, this article examines the potential to include labour-related concerns regarding just transitions. Taking the European Convention on Human Rights (ECHR) as a case study, the argument is made that there is potential to do so, not only utilizing Articles 2 and 8, but also Articles 10 and 11. The scope of the European Court of Human Rights (ECtHR) case law is examined in this respect. The article examines case law which is indicative of the potential application of Articles 2 and 8 to work and the environment, alongside the prospects of combining claims under Articles 10 and 11. Emerging jurisprudence on Articles 10 and 11 may be significant, as recent study of ‘human rights experimentalism’ indicates, since efficacious engagement in human rights litigation requires collective voice from those most affected, both in terms of crafting claims and implementing judgments. Their recognition in the context of combined environmental and labour concerns would be an important step towards transformational structural change relating to ‘just transition’
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- The European Green Deal: A Useful Framework for Anticipating Change in
Companies'-
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Abstract: Sergio CanaldaThe restructuring of companies to adapt to a more sustainable production context requires anticipatory measures. These measures must necessarily be articulated through the principle of just transition, offering assistance to workers affected by the restructuring. The European Green Deal aims to promote the transformation of the European Union towards a more sustainable economic model. However, the measures included in the European Union (EU) Fair Transition Recommendation are generic actions without concrete content. When it mentions the need to encourage employee participation in corporate restructuring through information and consultation, the Recommendation refers to the implementation of the Quality Framework on Anticipation of Change and Corporate Restructuring. This paper addresses the adequacy of the Quality Framework to ensure a fair transition in green restructuring processes. In the first section, the interconnection between the EU Fair Transition Recommendation and theQuality Framework is briefly analysed. In the second section, the suitability of the Quality Framework as a reference instrument to guide restructuring processes is examined in two respects: on the one hand, the involvement of workers’ representatives and, on the other hand, the active participation of public authorities through the implementation of other social policies.Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- Just Cessation: How Might the Climate Imperative to Phase Out Fossil Fuel
Extraction Reshape the Concept of Just Transition'-
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Abstract: Just transition has emerged as a master conceptual framework for limiting environmental and socially destructive industrial activity in the climate change era. While it has been widely embraced, its anchoring in the open-ended concept of sustainable development has meant that it has been used to legitimate ongoing future fossil fuel extraction. This article discusses the implications for just transition that arise from the recognition that the timely cessation of fossil fuel extraction is the sine qua non of the realization of the sustainable development goals. It offers a historical explanation for the minimal engagement to date between just transition advocacy and fossil fuel cessation. It then discusses the implications of acknowledging the necessity of fossil fuel cessation in terms of core labour law principles. Finally, the article outlines the implications of explicitly embedding fossil fuel phase down as an objective of just transition for government actors and social partners.
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- Just Transition in the Global South: Alternative Approaches from Latin
America-
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Abstract: This paper presents a critical analysis of just transition narratives in the context of Latin America, highlighting the need for a Global South1 approach that considers the specific socio-economic and environmental conditions of the region. Drawing on the existing literature and the case law of the Inter-American Court of Human Rights (IACtHR), the paper examines the role of international environmental and human rights law in promoting a fair and equitable transition to a low-carbon economy. It argues that a just transition must prioritize the needs of vulnerable groups, including informal sector workers, indigenous peoples, and other marginalized communities, who are disproportionately affected by environmental degradation and climate change. The paper also assesses the narratives of just transition in the Inter-American system, providing a new contribution to the literature on human and environmental rights in the region. By highlighting the importance of a context-specific approach to just transition, this paper aims to contribute to ongoing debates on the role of law in promoting sustainable and fair employment in Latin America.
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- Life With Rights: Inclusive Labour Law and Decent Work for Wastepickers in
Brazil-
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Abstract: This paper focuses on the labour-environment nexus from the perspective of developing countries, using the case of one of the most vulnerable groups of workers, namely, wastepickers in Brazil. For labour law, the case of wastepickers reveals the limits and potential of labour law to include informal workers, especially poor informal workers from the Global South. We argue that labour rights are essential for these workers even though their work does not fit in the description of an employment relationship. Labour law needs to expand epistemologically to capture different workers and influence the distinct dimensions of their lives. For this expansion of the law to become effective, labour rights and the promotion of collective organization must be recognized within a framework of coordinated policy reforms across labour, environment, and other areas of social policy.
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
- Greening the Workforce: A Feminist Perspective
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Abstract: This paper argues that there is a risk that policy proposals for a ‘greener workforce’ will replicate current gendered inequalities. Some ‘Just Transition’ frameworks for addressing workers’ concerns about a green economy expressly focus on male-dominated sectors. Others, while recognizing the need to include women, fail to identify or counteract the patriarchal power relations which drive inequality. Part I demonstrates the extent to which some of the most prominent Just Transition frameworks are dominated by a male norm. Part II examines how the dominance of the male norm can be confronted and addressed. Simply referring to gender equality is not sufficient. Instead, Just Transition frameworks should be scrutinized under the lens of a conception of substantive gender equality based on four dimensions: redressing disadvantage; addressing stigma, stereotyping, prejudice and violence; facilitating participation; and achieving structural change. Part III uses the four-dimensional framework of gendered substantive equality to point a way towards a future reconstruction of the labour force that can incorporate values that are both green and feminist. Part IV turns to women’s role in bringing about change and argues that to truly engender Just Transition frameworks, participation should avoid essentializing women and instead be based on collective and grass-roots organization.
Volume 39 Online ISSN 0952-617X
PubDate: Sun, 24 Sep 2023 00:01:07 GMT
Issue No: Vol. 39 (2023)
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