In a context of neoliberal globalization, have the processes of elaboration and implementation of foreign investors’ responsibilities by intergovernmental organizations reached the realm of legality? By relying on an analytical framework and a methodology that combine international law with international relations, the present interdisciplinary dissertation provides a twofold answer to this question. At a macro-level, it demonstrates that the normative integration of foreign investors’ responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. At a micro-level, it relies on the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations. By shedding light on the sense of obligation that each instrument generates, the analysis shows that such a codification process is marked by relations of power between international actors and has resulted in several social norms, with relatively few legal norms. / Graduate

Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS) / Over the past fifteen years, the South African government has extended various land, labour and social rights to farm workers, ranging from provisions of basic labour rights in 1993 to the minimum wage in 2003. Literature suggests that social relations on commercial farms do not remain static in the context of policy changes. This thesis sets out to understand the ways in which social relations have or have not changed, on one commercial farm in Limpopo province, South Africa, and to establish factors that impede or promote such change as well as the consequences for farm workers’ daily lives. Drawing from the interpretive and critical social science philosophical perspectives, the thesis adopts a qualitative research methodology that takes into consideration the experiences and perceptions of farm workers, farm managers, the farm owner and key informants from government institutions and civil society. At a theoretical level the study is informed by four paradigms namely: the materialist perspective; the total institution thesis; paternalism; and structuration theory. It considers three overlapping conceptual models of understanding relations between farm owners and farm workers namely the welfarist, workerist and transformative models. The paper argues that, in the past decade, the extension of farm labour and tenure laws to the farm sector has eroded the welfarist relations between the farm owner and farm workers. There is now a rise in workerist relations in a context of unequal power relations tilted in favour of the farm employer. The thesis concludes that in order to adequately understand land, labour and social relations, one has to consider the politics of land ownership as well as the politics of agricultural capitalist employment.

Doctor Legum - LLD / At the heart of this thesis is the notion of Corporate Social Responsibility (CSR), an innovative concept deep-rooted in the globalisation phenomenon. The notion of CSR entails the much-debated duty of businesses, not only to comply with international and local standards in terms of, inter alia, labour rights and working conditions, human rights and environmental protection, but also to be at the forefront of voluntary and uplifting actions geared toward addressing societal issues and concerns. For corporations, it is about moving from the traditional approach of business as an activity with the sole purpose of realising profit towards acknowledging the need to integrate societal and environmental issues and concerns into their business purposes. The thesis examines selected multinational corporations’ (MNC) approaches to CSR as contained in their codes of conduct, in an effort to reach a comprehensive understanding of the purpose, interest and practices of businesses engaging in CSR activities. Particular attention is given to the analysis of labour orientated measures implemented by selected MNCs as they undertake to voluntarily act as proponents of the theory of the necessity of socially responsible businesses. The aim is to comparatively assess the legal dimension and the relevance, in different countries, of these MNC CSR commitments. The first part of the thesis is theoretical and has the purpose to present a comprehensive analysis of CSR against the current legal framework, at a global scale and within the context of selected countries. The thesis will explore the notion of CSR in order to present its definition and characteristics, briefly retrace its history, differentiate it from related and/or similar concepts, and finally assess the extent of its introduction and adaptation into various national and international institutional frameworks. Even though initially addressing the issue of CSR in the current legal framework as a whole, the scope of the thesis will ultimately be reduced to focus only on labour-related aspects of CSR. The aim of the thesis is to assess MNC’s CSR commitments, and subsequently highlight the interaction between CSR, labour and employment legal frameworks (at national and international level) and the effective implementation of labour rights and working conditions as observed in the context of different countries. More importantly, the thesis will also include a comparative analysis of CSR principles included in selected MNC codes of conduct, in order to assess the extent of their compliance with national labour legislation, international labour standards, as well as the standards and principles set by national and international CSR instruments and institutions. The purpose of such an exercise is to thoroughly assess the impact of a national context - in terms of national legal, economic, social and industrial framework - on the legal dimension, and the relevance of MNCs CSR commitments. A crucial argument developed in the thesis refers to the fact that MNC codes of conduct may have the potential to impact on labour rights and working conditions of a MNC across the different countries into which the MNC operates. Finally, considering the fact that as a topic CSR is a potentially controversial subject, it is necessary to point out, from the onset, that the thesis engages with the subject from a critical perspective. The approach therefore entails critically analysing and discussing MNC commitments and practices as observed in different countries, so as to be able to ascertain and comprehend the impact of a national context on the content, the relevance and the legal dimension of MNC codes of conducts.

Orientador: Victor Hugo de Almeida / Resumo: A presente pesquisa buscou examinar o setor dos motoristas por aplicativo, como enfoque específico na empresa Uber. Buscou-se, por meio da realização de entrevistas com trabalhadores, identificar vulnerabilidades às quais os motoristas por aplicativos estariam expostos e, diante dos dados coletados, discutir as políticas públicas necessárias para a proteção do setor, sempre com foco na efetivação das garantias fundamentais desses trabalhadores. Como resultados encontrados, a análise do contexto histórico permitiu compreender que a Uber representa uma ressignificação do trabalho dentro do contexto da sociedade informacional, pautando-se no lema da flexibilidade. Quanto aos dados encontrados na pesquisa empírica realizada, evidencia-se a questão de ordem econômica, na medida em que a maioria dos trabalhadores escolhe a Uber como única fonte de renda e tem, por motivação, a procura do trabalho, o desemprego no país e o baixo rendimento auferido, o que demanda uma valorização da remuneração dessa forma de trabalho. A questão econômica incide ainda em um aumento da jornada laboral e, não havendo controle para evitar excessos, pode resultar em consequências negativas para a saúde e a segurança desses trabalhadores. Ainda, tal atividade laboral apresenta diversos riscos aos trabalhadores, como, por exemplo, assaltos e acidentes, evidenciando a necessidade de adoção de mecanismos de segurança. A empresa Uber adota mecanismos de controle de qualidade que limitam a autonomia dos trabal... (Resumo completo, clicar acesso eletrônico abaixo) / Abstract: The present research sought to examine the driver by application sector, as a specific focus in the company Uber. It was sought, through interviews with workers, to identify vulnerabilities to which drivers by applications would be exposed and, in view of the collected data, to discuss the public policies necessary for the protection of the sector, always focusing on the realization of the fundamental guarantees of these workers. As results found, the analysis of the historical context allowed us to understand that Uber represents a re-signification of work within the context of the information society, based on the motto of flexibility. As for the data found in the empirical research carried out, the economic question is evident, since most of the workers choose Uber as the only source of income and have as motivation, the search for labor, unemployment in the country and the low income earned, which demands an appreciation of the remuneration of this form of work. The economic issue also implies an increase in working hours and, in the absence of control to avoid excesses, can result in negative consequences for the health and safety of these workers. Also, this work activity presents several risks to workers, such as assaults and accidents, evidencing the need to adopt safety mechanisms. The Uber company adopts mechanisms of quality control that limit the autonomy of the workers, functioning as a true system of labor coordination. This implies directly to the issue of subo... (Complete abstract click electronic access below) / Mestre

The purpose of this research is to investigate what factors influenced the rationalisation and redeployment of public secondary school in the Northern Province. The process carried with it a many implementation problems. Stakeholders interpreted the procedures differently Although there were collective agreements concluded in the ELRC there were problems in the implementation as the stakeholders had different objectives. Though the department of education indicated that they wanted to achieve equitable redistribution of resources, including educators, the reality is that they wanted to save money. The unions agreed to redeployment as a means to correct the imbalances of the past and to secure educators jobs. The main factors which influenced the process of redeployment are the need to redistribute educators equitably and the department’s desire to save money. / Dissertation (MEd (Education Management and Policy Studies)--University of Pretoria, 2004. / Education Management and Policy Studies / unrestricted

The thesis answers the following research question: what is the extent of the influence of international law on the construction and application of corporate codes of conduct, what factors determine this influence and through which processes does it occur? The thesis uses a mix of methods: a content analysis study, used to measure the extent to which codes of conduct incorporate international labour standards and the degree to which they have changed over time in this respect; legal research on whether corporations can be liable for violating their codes and how this risk factors in the drafting of codes; and case studies of fifteen retailer corporations, which examine how their codes were created and how they are being applied. The study's findings show there is an influence of international law on the construction and, to a far smaller degree, on the application of codes. The creation and application of codes is a politicised and contested process and codes are based on international law principally due to the pressure exerted by trade unions and NGOs, but also due to reputational risk, commercial pressure and mimicry by corporations. This influence has been selective, with corporations applying provisions in their codes that protect the rights carrying the biggest reputational risks. These findings show the flaws in the current international framework for corporate accountability, which is based on self-regulation through codes and audits. They also raise issue of whether changes, such as a binding international treaty or the creation of more collaborative and inclusive programmes to oversee the application of codes, may be required in order to ensure wider respect for labour rights of workers.

While the multilateral trading system views human and labour rights issues as outside of its remit, states increasingly incorporate regulation in these areas into their bilateral reciprocal preferential trade agreements, "HR-PTAs. This dissertation investigates the emergence of HR-PTAs, testing alternative explanations derived from conventional "public interest" and "private interest" theories of regulation against a new theory of "symbolic regulation." According to the public interest theory of regulation, regulation is motivated by benevolent legislators' commitment to correcting market or social problems. The private interest theory of regulation instead views regulation as the result of private interest groups capturing the regulatory apparatus in order to regulate in their own self-interest. Unlike its counterparts, the symbolic theory of regulation suggests that regulation may also be created for the primary purpose of reassuring regulatory advocates that their demands have been heard, rather than to regulate a given issue area. This dissertation argues that for the states behind them, HR-PTAs are primarily a symbolic form of regulation. Legislators create HR-PTAs to appease domestic human and labour rights organizations, while defending their trade interests through the non-enforcement of their provisions. Using longitudinal network analysis to analyse original data from 415 preferential trade agreements in force from 1989 to 2009, paired with case study evidence from the EU, US, and Canada, this dissertation finds support for the symbolic regulation explanation of HR-PTAs. It shows that a state's commitment to HR-PTAs depends less on the public interest or the desires of private interest groups than on its need to accommodate human and labour rights advocates. Symbolic regulation however should not be dismissed. It sets precedents, creates policy space, facilitates softer forms of cooperation, and can fuel political accountability politics. When this occurs, states may use HR-PTAs or other forms of symbolic regulation to achieve their seeming purpose.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-12-20T08:46:12Z No. of bitstreams: 1 Jorge da Silva Wagner.pdf: 908816 bytes, checksum: 908a5a7428565b418b6295774edc0b25 (MD5) / Made available in DSpace on 2017-12-20T08:46:12Z (GMT). No. of bitstreams: 1 Jorge da Silva Wagner.pdf: 908816 bytes, checksum: 908a5a7428565b418b6295774edc0b25 (MD5) Previous issue date: 2017-12-11 / The purpose of this work is to study the application of the theory of dynamic assignment of the burden of proof on Labour Procedural Law aiming to prevent injustices arising from prejudiced discrimination. Prejudice is brought to light under various pretexts such as race, gender, age, religion, social class, political preference, sexual orientation, etc. Negative discrimination is one of the sides of prejudice, detrimental to a particular group of people or an individual due to the creation of unfair situations. Within the scope of the labour law, this aspect of prejudice is associated with dismissal motivated by a discriminatory behaviour of an employer against his/her employee, and results in the obligation to reinstate the employee and, consequently, pay the amounts connected to his/her dismissal period, pain and suffering compensation, and even the payment of double wages. According to articles 373 of the Code of Civil Procedure and 818 of the Consolidation of the Brazilian Labour Laws, which has its grounds on a static view, the evidence of the allegations lies on the party that makes them. However, the dynamic theory of the burden of proof tears the static conception of the assignment of such burden, taking into account the process in its tangible reality, attributing the burden of proof to the party who, due to factual circumstances, has better conditions to demonstrate the events of the specific case, regardless of his/her/its position. Based on the study conducted, it was possible to conclude that, in the labour law context and despite the fact that the Consolidation of the Brazilian Labour Laws adopts the static view, the dynamic theory of the burden of proof may be applied, in light of the principle of equality, court’s instructive powers, collaboration of the parties and good faith. Finally, the shifting of the burden of proof has been proven to occur at different times, but, nevertheless, the most appropriate time will be during the evidentiary phase, avoiding surprises and ensuring the right to contest. The study was conducted in line with the bibliographical, qualitative, and partially exploratory methodology / O presente trabalho tem como objetivo estudar a aplicação da teoria da distribuição dinâmica do ônus probatório no Direito Processual do Trabalho como instrumento na prevenção de injustiças decorrentes de discriminação preconceituosa. O preconceito é exteriorizado a partir de diversos pretextos, como raça, sexo, idade, religião, classe social, orientação política, orientação sexual, etc. A discriminação negativa é uma das faces do preconceito, a qual prejudica determinado grupo ou indivíduo pela criação de situações injustas. Na seara juslaboral, essa vertente do preconceito se dá pela demissão em razão de ato discriminatório realizado pelo empregador contra seu empregado, e resulta no dever de reintegração do empregado e, consequentemente, do pagamento das verbas do período em que permaneceu afastado, e à indenização por danos morais, ou ainda em conversão ao dobro dos salários. De acordo com os artigos 373 do Código de Processo Civil e 818 da Consolidação das Leis Trabalhistas, baseados em uma visão estática, a prova das alegações incumbe à parte que as fizer. Contudo, a teoria dinâmica do ônus da prova rompe com a concepção estática da distribuição de tal ônus, considerando o processo em sua concreta realidade, atribuindo-se o ônus da prova à parte que, pelas circunstâncias fáticas, tiver melhores condições para demonstrar os acontecimentos do caso específico, independentemente de sua posição. Do estudo, depreendeu-se que, no âmbito juslaboral, muito embora a Consolidação das Leis do Trabalho adote a visão estática, admite-se a aplicação da teoria dinâmica do ônus da prova, em razão do princípio da igualdade, dos poderes instrutórios do juiz, da colaboração das partes e da boa-fé. Por fim, concluiu-se que a inversão do ônus da prova poderá ocorrer em momentos diversos, mas que, no entanto, o mais oportuno será que ocorra na fase de instrução, evitando-se assim surpresas e garantindo o contraditório. O estudo realizado seguiu a metodologia do tipo bibliográfica, qualitativa, parcialmente exploratória

Historically, International Labour Law was developed to mitigate the negative social externalities of the Industrial Revolution and protect international trade from unfair competition. With a similar objective, the international community failed to establish the International Trade Organisation provided for in the 1948 Havana Charter. In its place, the General Agreement on Tariffs and Trade (GATT) was adopted. However, the Havana Charter remains the first universal trade treaty to include a social clause. During the Cold War, Western countries failed to introduce a social clause in the GATT. The most resounding failure was in the 1990s when the World Trade Organisation (WTO) was created. This failure drove Western countries to introduce social clauses in bilateral and non-universal multilateral trade agreements. Since the 2000s there has been a ‘boom’ of new social clauses. These clauses have developed into two main models: the conditional model and the cooperative (or promotional) model. The former model is typical of the US, the latter of the EU. The US and EU clauses have four characteristics and structural elements: social obligations, procedural commitments, implementation mechanisms and dispute settlement mechanisms. The main difference between the two types of social clauses lies in the presence (US model) or absence (EU model) of sanctions for breach of obligations. The research question of this dissertation concerns the legal efficacy of social clauses. First, the research reconstructs the historical-legal background and conceptualises social clauses. Second, the study compares the EU and US models from a legal-historical perspective. Third, the dissertation comparatively assesses two fundamental (and so far unique) cases for breach of social obligations: the US v. Guatemala case and the EU v. Republic of Korea case.

Este trabalho busca compreender as formas de relações de trabalho que estão à margem do assalariamento e suas consequências e perspectivas para a relação entre estado e sociedade no que se refere ao mundo do trabalho. A literatura tradicionalmente chamou os trabalhadores envolvidos nestas formas de relações laborais de informais ou atípicos. Neste sentido, foram tradicionalmente compreendidos, tanto academicamente como politicamente, na chave da falta e da impossibilidade da política. Contudo, se é verdade que do ponto de vista das instituições tradicionais relativas ao mundo do trabalho (sindicatos, estado e suas formas jurídicas de regulação do trabalho) elas de fato ainda são estranhas e não nomeáveis senão pela falta, no contexto das transformações econômicas e políticas ocorridas na últimas décadas, estas formas de relações laborais são constitutivos tanto do atual modelo de acumulação como também criam novos campos de conflitos, e a partir deles estão buscando se organizar politicamente, construir identidade e colocar sua agenda para o trabalho. Buscou-se assim, na primeira parte deste texto, compreender o significado teórico e político que as formas de trabalho não assalariadas tiveram e tem para o mundo do trabalho. Na segunda parte, a partir de uma discussão centrada na chamada economia solidária, se busca compreender a emergência desta nova realidade e a constituição de novos sujeitos políticos no mundo do trabalho, com identidade e agenda próprias. Contudo, se por um lado, neste processo de constituição de novos sujeitos políticos, estas formas de trabalho e seus trabalhadores ficam além da informalidade, por outro, ainda não conseguiram ser reconhecidos, em sua relação com o estado, como sujeitos portadores de direitos. / This work aims to examine the non-wage based labour relations and understand its implications for the State and Society. These kinds of labour relations have been referred to as \"informal\" or \"non typical\". In this sense, they have been viewed academically and politically as lacking or unviable. However, if it is true that from the perspective of the traditional labour institutions (Unions, State, and the juridical forms of labour regulation) these labour relations are aliens and cannot be characterized but for absence of the key attributes that traditionally have defined labour, in the context of political and economical changes that took place in the past decades, these labour relations are an important part of the accumulation model and have generated new fields of conflict and have been trying to get politically organized, building identity and pushing forward with their agenda. The first part of the work focus on understanding the theoretical and political implications of the non wage based relations for labour relations in general. On the second part, based on a discussion around \"solidary economy\', we try to understand the emergence of this new reality and the development of new political subjects with their own agendas and identities. However, although these labour relations and its workers are not informal, they still not recognized in their relation with the State as having rights.