International Promises and Domestic Pragmatism: To What Extent will the Employment Relations Act 1999 Implement International Labour Standards Relating to Freedom of Association

This paper explores the rhetoric and reality surrounding implementation of international labour standards in the Employment Relations Act 1999. It focuses on UK commitments relating to freedom of association and considers whether the new legislation goes any significant way towards their fulfilment. The paper begins by outlining obligations which arise from a state's membership of the International Labour Organisation (ILO) and ratification of ILO Conventions. It then goes on to examine indications that, since the change of government in 1997, there has been a significant shift in UK policy relating to such international obligations. The remainder of the paper examines reforms made by the Employment Relations Act to trade union recognition, protection of strikers from dismissal and prevention of anti-union discrimination. It emerges that the Third Way proposed by the present Labour Government entails a complicated detour from the path of full compliance with ILO standards.     

REVIEWS

Book reviewed in this article: Loraine Gelsthorpe, Sexism and the Female Offender Stephen B. Goldberg, Eric D. Green and Frank E.A. Sander, Dispute Resolution Chris Reed (ed), Computer Law Colin Bourn and John Whitmore, Discrimination and Equal Pay Robert Alexy, A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification Victor-Yves Ghebali, The International Labour Organisation. A Case Study on the Evolution of UN Specialised Agencies     

ILO standards and compensation for employment injuries in Nigeria

In 2010, Nigeria enacted the Employees’ Compensation Act (ECA) to provide compensation for employment injuries. This work assesses the Act with a view to evaluate the extent of Nigeria’s compliance with the social security minimum standards of compensation for employment injuries set by the International Labour Organisation (ILO). It finds that whilst the ECA 2010 is in substantial conformity with ILO standards, there are core challenges of applicability, adaptability and administration. The work recommends that progressive realisation of the standards and process consideration is imperative for realistic attainment of the philosophy of a compensation scheme for employment injuries in Nigeria.     

劳动法的环境变化及时代考量

本文以世界范围《劳动法》的环境变化为背景,通过对劳动自体、劳动时间、劳动形态、劳动者的个性化以及劳动的国际性等诸多方面进行分析和论述,提出了我国《劳动法》亟需正视和解决的时代课题。     

African ILO meeting endorses efforts by employers' and workers' organizations to fight HIV/AIDS

In December 2003, the Tenth African International Labour Organization (ILO) Regional Meeting in Addis Ababa, Ethiopia adopted a resolution on HIV/AIDS calling on African governments to support the efforts of employers and workers to combat HIV/AIDS--by providing an enabling legal and policy framework for workplace action, by providing measures to oppose stigma and discrimination, and by strengthening national AIDS plans through the inclusion of a strategy for the world of work. The resolution also called on workers' and employers' organizations to increase their joint efforts to reduce the spread and impact of HIV/AIDS. Finally, the resolution called on the ILO to give greater priority to its efforts to combat the pandemic in Africa.     

REVIEWS

A Theory of Justice . By John Rawls Legal Problems and the Citizen . By Brian Abel -Smith , Michael Zander and Rosalind Brooke . Social Needs and Legal Action . By Pauline Morris , Richard White and Philip Lewis Justice in South Africa . By Albie Sachs . Sweet & Maxwell's European Community Treaties . Edited by Sweet & Maxwell's Legal Editorial Staff . A Source-book on French Law . System —Method —Outlines of Contract . By Otto Kahn -Freund , Claudine Lévy , Bernard Rudden . Droit Civil . By B. Starck . Human Rights and Europe : A Study of the Machinery of Human Rights Protection of the Council of Europe. By Ralph Beddard . Labour Law in Australia . By E. I. Sykes and H. J. Glasbeek The Australian Criminal Justice System . By Duncan Chappell and Paul Wilson . The Nigerian Penal System . By Alan Milner . The Legal System of Lesotho . By Vernon V. Palmer and Sebastian M. Poulter . Internationale Zuständigkeit . Entwurf eines Systems von Zuständigkeitsinteressen um zwischenstaatlichen Privatverfahrensrecht aufgrund rechtshistorischer, rechtsvergleichender und rechtspolitischer Betrachtungen. By Jochen Schröder League of Nations Committee of Experts for the Progressive Codification of International Law , 1925–1928. Edited by Shabtai Rosenne . The Effectiveness of International Decisions . Edited by Stephen M. Schwebel . The Vietnam War and International Law . (Sponsored by the American Society of International Law.) Volume 3. Edited by Richard A. Falk . Population and Law . Edited by Luke T. Lee and Arthur Larson . International Migration Law . By Richard Plender . Legal Aspects of Family Planning in Indonesia . The Status of Refugees in International Law . By Atle Grahl -Madsen .     

British Labour Relations in the 1980s: Learning to Live with the Law

Labour Law and Industrial Relations: Building on Kahn-Freund. Edited by Wedderburn, Lewis and Clark Kahn-Freund's Labour and the Law. 3rd edition by Davies and Freedland. Labour Law: Text and Materials. 2nd edition. By Davies and Freedland.     

论加强中央集权与强调政策执行自治权的两面性——对布莱尔时期新工党政策执行的思考

布莱尔执政时期比任何以前的工党政府更加坚持政府改革,注重提供公共服务的质量。“公共服务的提供”已经成为新工党的执政重点。与传统的自上而下公共服务提供方式和保守党政府时期强调“市场化”方式不同，新工党革新与改善政策执行的方法是基于“两面性”的基础之上——加强中央的集权与控制．同时强调给予政策直接执行者更多的自治权与自主性。本文旨在对布莱尔执政时期所进行的公共服务改革进行总结和分析，以期对研究布朗政府政策执行有一定的借鉴意义。     

International Legal Rulings on Lustration Policies in Central and Eastern Europe: Rule of Law in Historical Context

The transitional justice literature highlights various trade-offs involved in the choice and implementation of lustration as a transitional justice measure in Central and Eastern Europe. This article examines how international legal body rulings on lustration laws have interpreted rule-of-law versus justice concerns. The European Court of Human Rights and the International Labour Organization have explored possible information problems, due process violations, employment discrimination issues, and bureaucratic loyalty concerns within the context of lustration. Three findings emerge from their legal rulings. First, contrary to popular notions, international legal bodies are not antilustration. The institutions are engaging with questions regarding the fair implementation, not the legality, of lustration laws. Second, the prioritizing of justice concerns during the transition efforts is highlighted as a way to lay a strong democratic foundation. Third, the organizations have emphasized the importance of placing rule of law in historical context, thereby situating post-Communist societies within other posttotalitarian regime-building narratives.     

A Strategic Approach to Regulating Unacceptable Forms of Work

Upgrading low‐waged and insecure work is central to contemporary labour and development initiatives, from the UN Sustainable Development Goals to the United Kingdom ‘Taylor Review’. The International Labour Organization's notion of unacceptable forms of work (UFW) is a crucial contribution. Yet the regulatory frameworks that can effectively address UFW are unclear. This article builds on a novel framework ‐ the Multidimensional Model of UFW. Drawing on theoretical literatures at the frontline of regulation scholarship, it proposes a strategic approach to UFW regulation that supports development, acknowledges the constrained resources of low‐income countries, and targets expansive and sustainable effects. Two key concepts are identified: points of leverage and institutional dynamism. Globally‐prominent regulatory frameworks are assessed as a starting point for mapping the strategic approach: the Mathadi Act of Maharashtra, India; Uruguayan domestic work legislation; minimum wages in the global North and South; and United Kingdom regulation of ‘zero‐hours contracts’.     

REVIEWS

Book reviewed in this article: The Manners and Customs of the Police . By Donald Black . Modern Policing . Edited by David Watts Pope and Norman L. Weiner . Organisational Aspects of Police Behaviour . By J. Mervyn Jones . Social Order and the Limits of Law . By Iredell Jenkins . Trials on Trial : The Pure Theory of Legal Procedure . By Gordon Tullock . Praelectiones ad Jus Criminale : Lectures on Criminal Law . By D. G. van der Keessel . Edited and translated into English by B. Beinart and P. van Warmelo . Volume VI. Reconcilable Differences : New Directions in Canadian Labour Law . By Paul Weiler . Subjects and Sovereigns . By C. C. Weston and J. N. Greenberg . How Courts Govern America . By Richard Neely . Drugs and Intoxication . By David Farrier . The British Year Book of International Law 1979. Edited by R. Y. Jennings and Ian Brownlie .     

REVIEWS

Book reviewed in this article: The Jury. By W. R. Cornish. Justice in the Welfare State. (The Hamlyn Lectures, Twentieth Series). By Harry Street. Race, Jobs and the Law in Britain. By Bob Hepple. Prayer in the Public Schools. By William K. Muir The Drafting of Legislation. By S. Namasivayam La Peine de Mort. By Paul Savey-Casard. Cases and Materials on Labour Law. By K. W. Wedderburn. Shipowners. By Nagendra Singh and Raoul Colinvaux. Central Banking Legislation: Volume II Europe. Selected and annotated by Hans Aufricht with the assistance of Jane B. Evenson The Criminal Process in the People's Republic of China, 1949–1963: an Introduction. By Jerome Alan Cohen. The Idea of Justice. By Otto A. Bird. Das de facto-Regime im Völkerrecht. By Jochen Abr. Frowein. International Law and the Uses of Outer Space. By J. E. S. Fawcett. Introduction à L'Étude du Droit Polonais. By various authors, Editor, Stefan Rozmaryn. Sweet & Maxwell's Property Statutes. Edited by Sweet & Maxwell's Legal Editorial Staff. Advisory Editor: J. H. C. Morris. The Comparative and International Law Journal of Southern Africa. Vol. I, number 1 (March 1968)     

Candidate gender and voting in the 1997 British general election: Did labour Quotas Matter?

The proportion of women MPs elected in the 1997 British general election reached an historic high of 18.2 per cent, the vast majority from the victorious Labour Party. The large increase in the proportion of women Labour MPs was partly due to the policy of establishing women‐only shortlists for winnable seats. This paper examines the distribution of women candidates in the election and analyses the factors that affected the votes they attracted. The results show that Labour women selected on the women‐only shortlists attracted significantly more votes than women nominated on open shortlists. This was mainly a consequence of their selection for marginal seats, but the greater organisational effort that was concentrated on those seats was also an important factor. Overall, there was no evidence that voters discriminated against women candidates in the election, regardless of party and regardless of how they were selected. The large number of women MPs raises issues concerning the formulation and articulation of a distinctive women's policy agenda at Westminster.     

REVIEWS

Book reviewed in this article: Human Law and Human Justice . By Julius Stone . The Law of Restitution . By Robert Goff and Gareth Jones . Die Mangelfreie Lieferung Beim Kauf Beweglicher Sachen . By Eugen Dietrich Graue . Copinger & Skone James on Copyright . Tenth edition. By F. E. Skone James and E. P. Skone James . Copyright , Modern Law and Practice . By P. F. Carter -Ruck and E. P. Skone James , edited by F. E. Skone James . Crime and Punishment in Britain : The Penal System in Theory , Law and Practice . By Nigel Walker . Social Defence . A Modern Approach to Criminal Problems. By Marc Ancel . With a Foreword by Leon Radzinowicz . Translated by J. Wilson . Studies in Penology . Dedicated to the Memory of Sir Lionel Fox. Edited by Manuel Lopez -Rey and Charles Germain . Scandinavian Studies in Criminology . Volume 1. With a Foreword by Johannes Andenaes . Police and Government . By Geoffrey Marshall . Hallett's Conveyancing Precedents . By V. G. H. Hallett , M.A. (Oxon.) of the Inner Temple and Lincoln's Inn, Barrister-at-Law. The Legal Aspects of Business . Sixth edition. By H. R. Light . The Legal Aspects of Industry and Commerce . Third edition (revised). By W. F. Frank . International Co-operation in Litigation . Europe . Edited by Hans Smit . Columbia University School of Law. Project on International Procedure. Labour Relations and the Law : A Comparative Study . Edited by Otto Kahn -Freund .     

劳动价值论研究：回归本原、回归现实

认识劳动价值论必须与认识现实社会结构和社会运行趋势相联系，这是马克思劳动价值论的精髓所在，与马克思所处的时代相比，我国现阶段劳动分工的范围，经济增长方式，生活方式和价值观念都起了很大的变化，因此我们对现阶段劳动与价值的关系的认识也应该变化，在现实条件下，技术劳动，管理劳动，销售劳动，服务劳动等非直接劳动对价值创造的贡献越来越明显，在我国新出现的有产者，绝大多数是通过自己的知识，技术和管理能力在创造着价值。在社会主义的初级阶段，我们应重新认识这些新的有产者，给其应有的尊重和社会地位。     

Regulating Dismissal from Employment: Administrative and Judicial Procedures in the Netherlands

In Dutch law unilateral termination of labour contracts usually is only possible with the prior permission of the Director of the District Labour Office. The functions of this administrative procedure have shifted considerably over time: originally an instrument of labour market policy, it is now predominantly oriented to prevention of dismissal without reasonable grounds. Some critics claim that this shift urges for abolishing this administrative procedure and leaving the matter to the judiciary competent in civil law disputes. Constitutionally sound as this position may be, its consequences would severely threaten realisation of the principle of 'no dismissal but on reasonable grounds'.
Results of empirical research into the Labour Office procedure and into the Lower Court procedure of "dissolution for important reasons" are presented to found this evaluative conclusion. Attention is paid to the discretion of dismissal officers and to the informal way of handling cases in the Lower Court. As a preliminary dispute processing institution, the Labour Office procedure is in tune with the comparatively large contribution of informal procedures to Dutch justice.     

Judicial Career Incentives and Court Performance: An Empirical Study of the German Labour Courts of Appeal

This paper examines how the organization of a civil-law judiciary—the German labour court system—shapes court performance. It is argued that civil-law judiciaries can be considered as internal labour markets in which the main incentive derives from career opportunities. Resulting hypotheses are tested on data for nine German Labour Courts of Appeal (Landesarbeitsgerichte) over the period 1980–1998. Two performance measures are computed: the confirmation rate and a productivity measure. The confirmation rate captures how often decisions are upheld in an appeal at the Federal Labour Court. Court productivity is measured by a score derived via data envelopment analysis (DEA) and includes as outputs the number of finished cases and the number of published decisions. Regression analyses show: Courts employing more judges with a Ph.D. are more productive, but write decisions that are less often confirmed by the Federal Labour Court. Courts employing judges with higher ex ante promotion probabilities are less productive and write decisions that are less often confirmed.JEL Classification: J45, K31, M12     

REVIEWS

Book reviewed in this article: Labour Law Today Labour Law : Cases and Materials . By Patrick Elias , Brian Napier and Peter Wallington Industrial Law . By I. T. Smith and Sir John C. Wood Law of Employment . By Norman M. Selwyn Modern Employment Law . 3rd edition. By Michael Whincup . The Employment Acts 1974–1980. By Charles D. Drake and Brian Bercusson Labour Law in Great Britain and Ireland to 1978. (A companion volume to a Bibliography of the Literature on British and Irish Labour Law.) By B. A. Hepple , J. Hepple , Paul O'Higgins and Paula Stirling Historical Foundations of the Common Law . Second edition by S. F. C. Milsom . Justice and Welfare in Divorce. By Mervyn Murch . Law and Legal Science: an Inquiry into the Concepts Legal Rule and Legal System . By J. W. Harris Research in Law and Sociology . Volume 2 (1979). Edited by Steven Spitzer . The Office of the Attorney -General in Ireland . By J. P. Casey . Gifts and Promises . By John P. Dawson . Taking the Fifth . By Mark Berger . A Source -Book on French Law . Second edition. By Sir Otto Kahn -Freund , Claudine Levy and Bernard Rudden . Constitutionalism in Asia : Asian Views of the American Influence . Edited by Lawrence Ward Beer . Landlord and Tenant . Second edition. By Martin Partington . The Impact of Marine Pollution . Edited by Douglas J. Cusine and John P. Grant . Law of Electronic Surveillance in Canada . By David Watt . The Child and the State . By Laurence D. Houlgate .     

Regulating forced labour and combating human trafficking: the relevance of historical definitions in a contemporary perspective

Forced labour has been regulated since 1930 on the basis of the ILO Convention on Forced Labour, and since 1957 on the basis of the ILO Abolition of Forced Labour Convention. In 2000 forced labour was included as one form of exploitation covered by the UN Trafficking Protocol, which situated trafficking into a context of transnational organised crime. In 2014 the ILO adopted a Protocol on Forced Labour, making a link between trafficking and forced labour. The aim of this article is to explore how forced labour came to be regulated and defined in these four treaties. The 1930 ILO Convention came about in a specific historical and political context, yet the 1930 definition remains in use even though the interpretation of forced labour, particularly as it relates to trafficking, has changed. This article focuses on the issue of trafficking for the purpose of forced labour within the context of migration and labour exploitation, and discusses the relevance of historical definitions of forced labour in the current discourse that sees human trafficking mainly as a security threat. It argues that a rigid interpretation of forced labour is not always useful in understanding forms of labour exploitation, at least in a contemporary European migratory perspective. The article calls for a broad interpretation of forced labour, which takes into account also subtle forms of control and coercion.     

Namibia: refusal to enlist HIV-positive in army ruled discriminatory

On 10 May 2000, in N v Minister of Defence, the Labour Court in Windhoek delivered a mixed ruling on HIV-based discrimination in employment that could have significant positive implications for armies throughout the region of southern Africa.