从中国与新西兰《劳动合作谅解备忘录》看国际贸易与国际劳工标准问题

随着全球化与贸易自由化的发展,全球地区与双边自由贸易协议中附带劳工标准的协议内容在逐渐增加.中国加入世界贸易组织前后反对将贸易与劳工标准挂钩,但在中国与新西兰2008年4月签署的双边自由贸易协定中却附加了<劳动合作谅解备忘录>,由此表明中国在面对人世后市场经济地位、劳工权益保护等问题都不可能避开劳工标准的问题,寻找共同的基点和解决方案是今后相当长的时间内各国普遍关注的问题.     

中原油田劳务派遣工劳动权益问题的调研与思考

劳务派遣作为一种新型的、特殊的劳动用工形式,近年来在我国得到迅速发展,成为某些企业用工主流方式.劳务派遣工的劳动权益维护也逐渐成为一项社会问题,对于这一问题的解决,需要各界人士献计献策,需要党和国家的政策支持和各级工会组织的紧密配合.     

The political economy of labor market deregulation during IMF interventions

This study examines the relationship between policy interventions by the International Monetary Fund (IMF) and de jure labor rights. Combining two novel data sets with unprecedented country-year coverage – leximetric data on labor laws and disaggregated data on IMF conditionality – our analysis of up to 70 developing countries from 1980 to 2014 demonstrates that IMF-mandated labor market policy measures significantly reduce both individual and collective labor rights. Once we control for the effect of labor market policy measures, however, we find that collective labor rights increase in the wake of IMF programs. We argue that this result is explained by the impact of union pressure on governments which, in such a context, are imbued with the policy space to respond to domestic interest groups. The study has broader theoretical implications as to when international organizations are effective in constraining governments’ choices.     

北京市民办幼儿园教职工权益维护路径研究

民办幼儿园教职工队伍已逐步成为我国学前教育的主力军,其权益维护状况直接影响着这支队伍的稳定与发展,由于价值观念、顶层设计、制度落实等方面因素的影响,民办幼儿园教职工队伍存在着不公、不畅、不明朗的障碍,本文从北京市民办幼儿园教职工权益维护面临的就业、收入、安全、保障、参与、职业发展等方面的实际问题入手,通过系统研究分析,提出了相应的政策建议。     

Defending the Egyptian nation: national unity and Muslim attitudes toward the Coptic minority

This article discusses the Muslim discourse concerning the Coptic Christian minority since the 2000s in Egypt. Emphasizing the effects of the January 2011 uprising, the paper analyzes the role of nationalism and the national unity discourse in suppressing the debate regarding discrimination against the Copts. Despite the fissures that were created in the discourse, which rejects any reference to discrimination against the Copts, the Coptic issue remains trapped among the contested interpretations of national unity. All narratives of national unity and Egyptian essence, whether the official one pursued by the regime or the one promoted by pro-democracy activists, require the Copts to suppress their demand for rights for the sake of national unity. Adherence to the national unity discourse by all forces precludes the possibility of developing a form of nationalism or a national culture which embodies pluralism of identities and cultures and reinforces the role of nationalism as a tool for stifling pluralism and democracy for all Egyptians, whether Muslim majority or minorities.     

“It's Like Fighting for Survival”: How Rejected Black African Asylum Seekers Experience Living Conditions in an Eastern German State

This article explores how Black African asylum seekers in an eastern German state experienced living conditions and the forms of agency they exhibited to redress the stressful circumstances of everyday life. The article draws on 12 in-depth interviews with rejected Black African asylum seekers and ethnographic research. Participants experienced various socio-environmental stressors and the absence of resources that affected their well-being and were injurious to their human rights. Their responses were embedded in different practices tied to the accumulation of capital that buffered stress and contested repressive asylum laws. The implications of the study for policy and advocacy are discussed.     

Two Models of Monetary Redress: A Structural Analysis

Monetary redress is a developing area of human rights policy. The article examines how a redress program’s design affects the interests of program applicants. It distinguishes two program models, individual assessment and common experience, and explores their differing effects on applicants’ interests. Analyzing two Irish cases, redress for survivors of the industrial schools and the Magdalene laundries, the discussion is applicable to a wide range of redress programs including those in postconflict, transitional justice, and postcolonial contexts.     

Totalitarian tendencies in drone strikes by states

Lethal drones or unmanned combat aerial vehicles have been used to kill thousands of persons suspected of complicity in terrorism. Despite concerns aired by legal scholars that drone strikes outside areas of active hostilities violate international law, the US government contends that targeted killing is distinct from assassination, and has persisted in the practice to the point where it has become normalised as a standard operating procedure and taken up by other nations as well. Drone strikes have been championed by Western politicians as a “light footprint” approach to war, but the institutional apparatus of remote-control killing rests on totalitarian, not democratic principles. Secretive targeting criteria and procedures are withheld from citizens under a pretext of national security, resulting in a conflation of executive with judicial authority and an inversion of the burden of proof, undermining the very framework of universal human rights said to be championed by modern Western states. Moreover, lethal drones hovering above in the sky threaten all persons on the ground with the arbitrary termination of their lives and as such represent a form of terrorism no less than the suicide bombings of jihadist groups such as Al Qaeda and ISIS.     

The right to commemoration and “ideal victims”: the puzzle of victim dissatisfaction with State-led commemoration after 9/11 and 3/11

This article explores the puzzle of victim dissatisfaction with State-led commemoration following 9/11 and 3/11 by offering a cross-national case study through which to view key areas of theoretical debate in the sociology of human rights, cultural trauma and collective memory, and the politics of victimhood. Although State-led commemorative processes are often highly contested, we would expect them to be less so in the cases of 9/11 and 3/11, given broad social consensus about the victims’ right to commemoration and the traumatic nature of the events, and especially the “ideal nature” of the victims who as symbolic representatives of the State are conferred with great moral authority. Drawing on primary and secondary data on the commemoration of the attacks of 11th September 2001 and 11th March 2004 we find that despite sharp differences between commemorative processes, three common key areas of contestation and dissatisfaction for victims emerge: political instrumentalisation, hierarchies of worth and exclusion. We show how the status of ideal victimhood for victims of transnational terrorism carries within it an inherent paradox which provides the key to their dissatisfaction, namely the moral authority conferred on them as representatives of the State simultaneously depersonalises them, excluding them as individuals with rights and needs.     

马克思劳动关系理论与全球劳动关系的演变

马克思的劳动关系理论对于20世纪80年代以来全球劳动关系的演变过程具有很强的解释力,劳动关系内部权力结构及处理机制所发生的变化使劳动关系出现了极其严重的权力与利益分化,当代劳动关系的复杂性远远高于马克思所描述的19世纪的资本主义劳动关系。在马克思提出的劳动关系的理想模型中,不存在由劳权缺失所引发的矛盾、冲突与分化。在这种理想的劳动关系尚未实现的情况下,劳权保护机制是不能缺失的。在劳动关系内部,保护雇佣劳动者劳权的唯一途径依然是减弱资本优先权和管理优先权对劳动关系的过度控制。在劳动关系外部,完善的公共保障体系则能够同时保护雇佣劳动者和非雇佣劳动者的劳权。随着非雇佣劳动者数量的增长,劳权保护将对公共保障体系形成更多的依赖。