Political and social rights for second country nationals: freedom of movement and citizenship in Australasia

Agreements allowing regional freedom of movement inevitably raise questions about the citizenship status and rights of those who exercise regional mobility. In the case of the European Union, such questions have received considerable academic attention, particularly since the creation of European citizenship in 1992. Little attention has been paid to Australasia, where a long-standing freedom of movement agreement, the trans-Tasman Travel Arrangement (TTTA), permits New Zealanders and Australians to live and work indefinitely in each others' country. As the two countries pursue a single economic market, the TTTA has played a central role in facilitating the creation of a regional labour market. Changes to Australian social security and citizenship legislation, however, have meant that many New Zealanders permanently resident in Australia have limited social and political rights, and no access to citizenship. This article extends debates about whether the political and social rights of citizenship ought to be granted to second-country nationals into the Australasian context. It examines a range of arrangements by which citizenship could be protected during the current period of intense economic integration in Australasia, asking which provides the best fit with existing constitutional and political arrangements.     

劳动抗辩权初论

劳动抗辩权是指劳动者享有的在劳动关系运行过程中拒绝用人单位的劳动请求或劳动指示的权利，在性质上属自力救济权。我国对劳动指示权抗辩的直接法律规定主要在劳动保护法中，不过在劳动立法中却没有针对劳动请求权抗辩的规定，《合同法》可以提供此种法律依据。实践中，劳动抗辩权行使会遇到一些障碍，应有针对性地予以克服。劳动抗辩权是保护劳动者生命健康权的最佳方式，具有效率高且成本低的优势，其行使效果表现为暂停提供劳动，但一旦抗辩事由消失则劳动关系又恢复到正常状态。     

Public Sector Restructuring and Democracy: The State,Labour and Trade Unions in India

This article looks at the ways in which marketisation reforms affect the empowerment, ideological universes and functioning limits of popular institutions. Under what circumstances do left-leaning trade unions accept job cuts and wage freezes? What are the boundaries of consent and dissent? Case studies of three public sector companies in Bangalore city in the southern state of Karnataka, India, indicate that labour rationalisation has occurred with trade union acquiescence and support. However, as yet there is no broad institutional framework to handle social security, rehabilitation and redeployment of displaced workers. Public sector workforce reduction is taking place in a general economic context where there has been little growth of employment in the organised manufacturing sector. Beneath unions' apparent acquiescence to rationalisation processes, there are critical areas of dissent. Dissent, however, has not manifested itself in a critical alternative to the state's rationalisation policies. Changing party-union relations, and shifts in the internal dynamics of unions affecting choice of leaders, union aspirations and ideologies - underwritten by the broader economic changes wrought by the marketisation process - partially explain the inability of the labour movement to shape a definitive challenge to the marketisation process.     

British Gas v Accenture: Round one

British Gas is currently seeking to recover around £220 m from Accenture in respect of Accenture's design and build of a new billing system. Two judgments on preliminary issues in the litigation were handed down in November 2009. This article provides the background to the dispute and then examines three areas considered in the judgments which are of general interest to practitioners. First, the article considers the issue of breach and the extent to which aggregation of breaches and a forward looking approach to their consequence may assist in determining their materiality. Secondly, the article considers the nature of notices of breach given under IT contracts. Finally, the article looks at issues of allocation of certain categories of loss to the two different limbs of Hadley v Baxendale, and as a result their potential recoverability.     

Case comment: BSkyB v. EDS [2010] EWHC 86 (TCC) case no: HT-06-311 26.01.2010

The Technology and Construction Court has issued its long-awaited decision in the epic court battle between BSkyB and EDS. Mr Justice Ramsey found that EDS had fraudulently induced Sky into a £54 million contract for a new customer relationship management (CRM) system. Since judgment was given, EDS has been ordered to pay Sky £270 million in damages and interest.     

Labour protest in China’s private sector: responses to Chinese communism with capitalist characteristics

Abstract

Building on existing studies of worker activism in formerly communist states, this paper examines the context, nature and consequences of labour protest in China’s private sector – highlighting the specific features that have emerged from China’s unique ‘communist’ political regime and partially privatized economy. As private enterprises have grown in China, private sector worker protests have been common. Three key factors have shaped this activism: (i) a disjuncture between benevolent and protective national laws and the lived experience of workers; (ii) fluctuations in the labour market; and (iii) generational shifts and learning among workers, employers and political authorities. The interplay of these factors has led protesting private sector workers to focus their ire on their employers and on occasion local political authorities, while viewing national political leaders as sources of worker support. These dynamics have had both positive and negative consequences for private sector workers and political authorities. Making comparisons with other authoritarian and communist states, this study adds to current understandings of how specific economic and political configurations engender particular characteristics of labour activism – and how these change over time.     

Anatomy of a massacre: the roots of heightened labour militancy in South Africa’s platinum belt

Abstract

On 16 August 2012, a protracted strike at a platinum mine in Marikana, South Africa, culminated in the killing of 34 mineworkers by local security forces. Some viewed this tragedy through the lens of South Africa’s apartheid past, recalling such events as the Sharpeville massacre of 1960. Others saw this episode as the latest cycle of angry protest and violent repression stemming from heightened inequality and poverty under global capitalism. This paper explores a set of institutional factors that occupy the middle ground between these two narratives about the massacre at Marikana. At the national level, despite progressive labour regulations and a long-standing alliance between the leading trade union (COSATU) and the ruling African National Congress, institutional channels for social dialogue and collective bargaining were less effective than expected given COSATU's inability to criticize policies focused on business-led growth at the expense of the social protection of workers. At the sectoral level, gigantic platinum companies faced with falling commodity prices sought to limit losses by planning retrenchments and limiting wage increases, triggering repeated and sometimes violent wildcat strikes, especially when workers’ grievances were set aside by local representatives of the COSATU-affiliated National Union of Mineworkers. The argument may be seen as a labour-focused variant of Huntington’s ‘gap hypothesis’: workers’ militancy has grown as existing institutional frameworks for ensuring labour peace have failed to effectively channel the frustrations of workers most in need of social protection.     

Political Planomenon and the Secret Thereof

Abstract

Taking Derrida's notion of the ‘secret’ and Deleuze's immanence' as its starting point, this essay proposes a reading of Marx's living labour' that critiques Hardt and Negri's understanding of political subjectivity. In doing so, the essay examines the possibilities of rethinking political agency in terms of a ‘powerless power’.     

论大革命时期的《中国青年》对早期工人运动的独特贡献

大革命时期的《中国青年》是领导青年运动的共青团中央机关刊物。它紧跟革命形势,回顾了第一次工人运动高潮的成败,宣传介绍了大革命中不同时段各地工人运动的发展状况,总结了其中的成功经验,展望了未来目标,在与中国工人阶级一同成长壮大中推动着工人运动进一步向前发展。     

The Ethical Deficit of the United Kingdom's Proposed Universal Credit: Pimping the Precariat?

Universal Credit is a proposed means‐tested cash benefit scheme in the UK that will serve, inter alia, to top‐up the wages of low‐paid workers. This article will argue first, that the moral justification for the scheme that is offered by the UK government is specious; second that the reconfiguration of existing wage top‐ups may be counterproductive and will in any event do little, if anything, to promote the work ethic; third, that the new scheme will not relieve but add to the injustices borne by the ‘precariat’ (the workers engaged in low‐paid precarious employment); finally, that far from having a justifiable moral purpose, Universal Credit is ethically flawed.