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Zusatztext This is a text that will undoubtedly become a key resource for future discussions and debates on the utility of human rights discourse in addressing the many social and economic challenges of this age.Fenwick and Novitz have organized and edited a fine collection of essays that make important contributions to our thinking on the contradictions within capitalism and regulation and that raise critical questions of the usefulness of human rights law discourse to advance workers' interests in a globalized world. ...this is an outstanding text - challenging! critical and scholarly - and one that is sure to become an important reference. Informationen zum Autor Colin Fenwick is an Associate Professor, and a member of the Centre for Employment and Labour Relations Law, at Melbourne Law School. Tonia Novitz is Professor of Labour Law at the University of Bristol. Klappentext Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries. The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches. Zusammenfassung This collection of essays examines whether emphasising that workers' rights are fundamental human rights is an appropriate or effective strategy. Inhaltsverzeichnis 1. IntroductionThe Application of a Human Rights Discourse to Labour Relations: Translation of Theory into Practice TONIA NOVITZ AND COLIN FENWICKPART I: NATIONAL PERSPECTIVES2. Workers' Human Rights in Australia COLIN FENWICK3. Legal Protection of Workers' Rights as Human Rights: Brazil ANA VIRGINA MOREIRA GOMES4. The Growing Impact of Human Rights on Canadian Labour Law CHRISTIAN BRUNELLE5. China's Legal Protection of Workers' Human Rights LIU CHENG AND SEAN COONEY6. Workers' Human Rights in English Law ACL DAVIES7. Enforcing Labour Rights through Human Rights Norms: The Approach of the Supreme Court of India RAMAPRIYA GOPALAKRISHNAN8. Legal Protection of Workers' Human Rights in Nigeria: Regulatory Changes and Challenges CHIOMA AGOMO9. Constitutionalisation of South African Labour Law: An Experiment in the Making STEFAN VAN ECK10. Legal Protection of Workers' Human Rights: Regulatory Changes and Challenges The United States LANCE COMPAPART II: INTERNATIONAL AND REGIONAL PERSPECTIVES11. UN Covenants and Labour Rights SARAH JOSEPH12. Taking Social Rights Seriously: Is There a Case for Institutional Reform of the ILO? JILL MURRAY13. The ILO, Freedom of Association and Belarus LISA TORTELL14. Protection of Workers' under Regional Human Rights Systems: An Assessment of Evolving and Divergent Practices TONIA NOVITZ15. Is There a Human Right Not to Be a Union Member?...
