Shifting Tides of Informal Worker Resistance in Mexico: A Domestic Work-Construction Contrast

Informal workers in Mexico, the majority of the country's workforce, have organised to demand rights, but with varying results. In this article, we contrast recent organising by Mexico's domestic workers and informal construction workers. Household worker movements have succeeded in institutionalising significant new organisations and raising public awareness. Construction workers, despite earlier militant counterexamples, have remained trapped by corporatist structures, and their organising capacity has atrophied. We place these outcomes in the context of the overall decline of labour, suggesting conclusions for the limits and possibilities of contemporary Mexican labour mobilisation.     

敦煌析产遗嘱文书探微——以族、宗族、家族、民族为视角的解构

对弥足珍贵的敦煌析产遗嘱文献超越浮泛的研究,以专题探微的方式代之以文化的释解,并从民族的视角进行深层追问,不但能使我们鉴别析产遗嘱与分家的不同,而且通过其中富含的文化因子再现中古时代广阔的社会生活画卷,佐证中国古代具有私法意义的遗嘱继承,一窥隐于私契文书背后的民族特质、文化结构、混融的民间信仰与基于民族普遍性的共通原理。     

The puzzle of manual harvest in Uzbekistan: economics,status and labour in the Khrushchev era

Uzbekistan has attracted international criticism for its use of child labour, defined as labour performed by youth under the Soviet legal limit of 16, to harvest cotton by hand. This article argues that manual labour, mostly performed by low-status children and women, became entrenched in Central Asian agriculture during the 1950s, and investigates the possible reasons for its persistence in the face of global trends to the contrary. The timing is a puzzle, because the 1950s were when mechanization of agriculture became a global development goal. The USSR participated in the mechanization trend. To understand better the roots of rural labour patterns in the Khrushchev period, we must consider how economic incentives and disincentives, gender relations, demographics, and state policy worked together.     

对劳动改造的几点认识

被判处拘役的犯罪分子同样适用劳动改造的特性与功能是有区别的,前者重其本质属性,后者重其作用。在组织劳动改造中,要确实做到尊重和实现罪犯在劳动中应有的各项权利,根据罪犯实际情况安排罪犯劳动,且有必要采取适当措施对监狱劳动产品实行一定保护。     

Economic Consequences of Transfer Fee Regulations in European Football

We discuss the effects of three different transfer fee systems in European football on contract lengths, wages, profits, education incentives and the number of talents being educated. The different regimes, being used until the Bosman judgement of 1995, currently in use, and recently proposed by the European Commission differ with respect to the transfer fee an initial club must accept in case of a transfer depending on whether a player has a valid contract or not. In particular, we argue that due to its averse effects on investment incentives, the Commission should refrain from its Suggestion of abolishing freely negotiable transfer fees. Our analysis also sheds some light on the issue under which circumstances binding long-term contracts should be allowed in general labor law.     

罪犯劳动权的特殊性

劳动权是我国宪法规定的公民的基本权利,罪犯作为人,作为公民仍然享有劳动权。但罪犯作为人身自由受到限制的特殊劳动力,监狱企业作为提供劳动改造场所和技能培训基地的特殊企业,罪犯与监狱企业之间形成的必然是一种特殊的监管与被监管、强制与被强制的生产关系,因此罪犯劳动权必然具有不同于一般劳动权的特殊性。     

意思自治原则确定涉外合同准据法比较研究

意思自治原则作为确定合同准据法的首要原则,已为绝大多数国家的立法及有关国际合同法律适用公约所确认。意思自治原则的内容已相当丰富,涉及的问题众多。目前我国立法过于简单粗疏,应结合各国立法及国际公约的规定进行分析和比较研究,以完善我国相关立法。     

Contracts, Investment Incentives and Efficiency in the Restructured Electricity Market

The paper highlights and analyzes the tension between designing power sale agreements that reduce uncertainty for the private investors and running the power systems as more efficiently as possible in the restructured electricity market. The features of such agreements are preliminary in resolving this tension and, therefore, in orienting the development of electricity markets restructuring towards a competitive direction. We define a theoretical contractual model, highlighting the tension between the two opposite directions: reducing uncertainty and risk in order to attract private investment and operating the power system efficiently. We apply the theoretical model for analysing the formal structure of a selected sample of power purchase agreements, really operating in the restructured electricity markets all over the world. We show how competitive contracting can increase efficiency pressures and, at the same time, increase investment risk. We then discuss some policy implications for the design of power purchase contracts in the restructured electricity market.     

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。     

Is South Korea as Leftist as It Gets? Labour Market Policy Reforms under the Moon Presidency

Considering its conservative past, South Korea is undergoing an unprecedented turn to the left. Since priority was given to economic growth from the 1960s until the beginning of the 1990s, a close alliance between big business and government has characterised the country's labour market. Since the 1997 financial crisis, however, two decades of liberal and conservative governments have pushed a neoliberal agenda of labour market flexibilisation, which has resulted in growing inequality in a dualised labour market and left the trade unions in a marginal role. Following a rapid turn of events that led to the impeachment of conservative president Park Geun‐hye, left‐leaning President Moon Jae‐in seems determined to roll back this legacy of labour oppression with the strong support of trade unions and young voters. His administration is pushing for policy change with a series of expansionary active labour market policies aimed at promoting stability and full‐time employment. This article highlights the social‐democratic character of these reforms and the constraints in implementing them.