Insolvency and employment protection: the mixed effects of the Acquired Rights Directive

The statutory protection provided by European Community law to employees during transfers of undertakings and other restructurings has been criticised on the grounds that it undermines insolvency procedures and interferes with the ‘rescue’ process. We present an analysis which suggests that granting employees rights of this kind may be an efficient means of recognising their firm-specific human capital. Case-study evidence is then presented to show that while in some situations employment rights may obstruct reorganisations, in others they allow employee interests to be factored into the bargaining process in such a way as to enhance the survival chances of enterprises undergoing restructuring. The law functions best when effective mechanisms of employee representation are in place and when the conditions under which employees’ acquired rights can be waived in the interests of preserving employment are clearly specified.     

“A Projected New Trusteeship”? American Internationalism, British Imperialism, and the Reconstruction of Iran, 1938-1947

Diplomatic histories identify an early cold war “paradigm shift” as restoring the troubled Anglo-American “special relationship.” However, an integrated analysis of Second World War and post-war Iran suggests continuity in ideologically based Anglo-American differences on the reconstruction of the postwar world economic periphery, and that this was the defining context for crucially elusive relations during successive crises to come. The Americans had embraced Iran as an exemplar of “new deal internationalism,” being as much opposed to competing British neo-imperialist political and economic models there as to Soviet encroachments. They continued to identify autonomous British policies and interests antipathetically during the early cold war period and beyond, not merely out of economic self-interest, but at crucial moments disavowing geopolitical realpolitik. This perplex also determined during future crises of British power, in Iran and throughout the Middle East, that US interests would shift to new relationships, whenever having to decide, with indigenous peripheral actors rather than neo-imperialist European allies, precluding institutionalized, comprehensive Anglo-American partnership, which Britain had hoped would preserve and extend its role as a regional power.     

Organizing For Europe: Whitehall, The British State And European Union

The article examines the adaptation of Whitehall to participation in the European Union. Following an Historical Institutionalist analysis, the article argues that the most critical juncture relating to the machinery for the handling of European business was taken in 1960–1961 well before the third, successful application to join the European Communities. Actual accession brought about an adaptation of the machinery and of the processes developed in negotiation to the wider needs of membership rather than a reform of machinery. Thus the most important alteration in Britain's overseas relations since the war was easily accommodated within Whitehall's established approach to handling policy. Developments from the 1970s onwards have largely been accretive and these developments are outlined. However, the article argues that more fundamental challenges deriving from EU membership lie ahead for the structure of the British state.