Social and Labour Rights in a Global Context: International and Comparative Perspectives

by Edited by Bob Hepple

• ISBN13: 9780521818810
• ISBN10: 0521818818
• Format: Hardcover
• Copyright: 2002-10-21
• Publisher: Cambridge University Press

Summary

The active pursuit of social and labour rights is seen as a crucial response to globalization. These essays, written by leading scholars from the UK, Ireland, France, Germany, Italy, Japan and the USA, question the effectiveness of the rhetoric of rights such as those to decent work and security, equal opportunity, adequate food and housing, and healthcare. The authors examine emerging approaches in several European countries, Japan, and the USA and in codes of practice of multinational companies. Attempts by the International Labour Organization to promote core rights and decent work, and techniques of enforcement at regional level by the EU and NAFTA receive special attention.

Table of Contents

List of contributors	vii
Acknowledgements	ix
List of abbreviations	x
Table of cases	xiii
Introduction	1	(18)
Bob Hepple
I. Responses to globalisation
Common law, labour law, global law	19	(36)
Lord Wedderburn
The interaction of the ILO, the Council of Europe and European Union labour standards	55	(18)
Paul O'Higgins
II. The potential of fundamental social rights in the European Union
The politics of the EU Charter of Fundamental Rights	73	(22)
Manfred Weiss
Market freedom and fundamental social rights	95	(27)
Silvana Sciarra
Corporate governance, European governance and social rights	122	(31)
Catherine Barnard
Simon Deakin
III. Constitutionalisation and enforcement of social rights: some comparisons
Social rights as fundamental human rights	153	(29)
Ivan Hare
The legal efficacy and significance of fundamental social rights: lessons from the European experience	182	(10)
Antoine Lyon-Caen
An American perspective on fundamental labour rights	192	(23)
Cynthia L. Estlund
The impact of fundamental social rights on Japanese law	215	(23)
Takashi Araki
Enforcement: the law and politics of cooperation and compliance	238	(20)
Bob Hepple
Index	258