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Author: Charalampos Stylogiannis
Publisher: GRIN Verlag
ISBN: 3668375852
Category : Law
Languages : en
Pages : 45
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Book Description
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.
Author: Charalampos Stylogiannis
Publisher: GRIN Verlag
ISBN: 3668375852
Category : Law
Languages : en
Pages : 45
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Book Description
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.
Author: Confederazione generale italiana del lavoro
Publisher:
ISBN: 9788823016637
Category : Right to strike
Languages : en
Pages : 253
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Book Description
Author: Jeffrey Vogt
Publisher: Bloomsbury Publishing
ISBN: 1509933565
Category : Law
Languages : en
Pages : 208
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Book Description
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.
Author: Kenneth Walsh
Publisher: Burns & Oates
ISBN:
Category : Political Science
Languages : en
Pages : 256
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Book Description
Comparison of strike trends (1972-1981) in eight EC countries and the USA - compares data collecting and measurement methods, definitions used, coverage and classification of data; covers strike frequency, number of firms and strikers involved, duration and economic sector (industry); discusses trade union involvement and other labour relations issues. ILO mentioned. Bibliography, graphs and statistical tables.
Author: Fabian Bünnemann
Publisher:
ISBN: 9783830084402
Category :
Languages : en
Pages : 152
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Book Description
Author: Bernd Waas
Publisher:
ISBN: 9789041150073
Category : Right to strike
Languages : en
Pages : 0
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Book Description
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.
Author: Tonia Novitz
Publisher: Oxford University Press on Demand
ISBN: 9780198298540
Category : Law
Languages : en
Pages : 419
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Book Description
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.
Author: Wiebke Warneck
Publisher:
ISBN: 9782874520884
Category : Comparative government
Languages : en
Pages : 73
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Book Description
Author: Federico Fabbrini
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The paper analyzes the protection of the right to strike in Europe in a comparative perspective with the United States (US). The paper argues that the overlap and interplay between state law and European Union (EU) law in the field of industrial relations has generated major tensions. Although the protection of collective labour rights varies widely across EU member states, the development of a judge-made standard for the regulation of industrial action at the supranational level has challenged the effectiveness of the protection of the right to strike in most EU countries. In fact, the right to strike has been recognized at the EU level, but has been subjected to significant limitations in order to ensure free market principles. As the paper claims, nevertheless, the dynamics which Europe is currently experimenting are not sui generis and rather reveal numerous analogies with the constitutional experience of the US. For long time tensions between social rights guarantees and free market rules have characterized the US because of the interaction between state and federal law. During the New Deal, however, the US found a way to address the challenge of protecting labour rights in a federal system committed to the free market by enacting federal legislation such as the Wagner Act. The paper hence explores how additional reforms may be envisaged in the EU constitutional system to strengthen collective labour rights vis-à-vis free market principles and advances the argument that Europe should enact an EU regulation setting a standard for the protection of strike action in labour-management disputes having a cross-border dimension. Taking also into account the unprecedented effects of the current economic crisis, the paper concludes that if Europe wants to take the right to collective action seriously and strike a ne/w balance between market integration and social protections, it needs a New Deal.
Author: Pietro Poretti
Publisher: Kluwer Law International B.V.
ISBN: 9041131620
Category : Law
Languages : en
Pages : 346
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Book Description
"The General Agreement on Trade in Services (GATS) extends the multilateral trading system to services. Little is said In the GATS about subsidies, beyond stipulating that subsidies are subject to the existing provisions, including the most-favoured-nation and national-treatment principles, and that Members shall enter into negotiations with a view to developing the disciplines necessary to avoid the trade distorting effects of subsidies." "This timely book provides a comprehensive analysis of services subsidies under the GATS. It begins with a description of services and trade in services, and of the salient characteristics that make regulation of services subsidies more complex than those associated with agricultural and industrial goods. It then analyzes the economic arguments underpinning the need for regulation, as well as the need for governments to retain sufficient latitude to implement non-trade-related policy measures. A description of the information available on services subsidies is followed by a classification of services subsidies according to their distortive effects, and by a detailed analysis of those elements that may form a definition of services subsidies for the purpose of a future regulatory framework." "A key section is devoted to the analysis of those existing provisions of the GATS that may exert a certain measure of discipline on services subsidies, and to the question of the desirability and technical feasibility of countervailing measures. Rules on services subsidies contained in regional trade agreements and the need for special and differential treatment for services subsidies by developing countries are also discussed. Finally, and prior to the conclusion, two sectoral studies deal with the question of subsidies aimed at attracting foreign direct investment and subsidies to the audiovisual sector." "This work represents the first extensive and comprehensive analysis of the issue of services subsidies in the context of the GATS, and includes numerous references to relevant European Union State Aid legislation and jurisprudence." --Book Jacket.
