This doctoral thesis explores the agrarian development in 20th Estonia and the role of family farming during three major agricultural transformations. It consists of four papers and an introductory chapter for which the common departure are the situation appearing in the Estonian farming landscape after the regained independence in 1991. The first three studies analyse comparative aspects on Estonia's interwar experiences with focus on land reform, agricultural co-operation, and agricultural export development. The fourth study focuses on the role of private plots during the Soviet period and the conversion of these into subsistence holdings after 1991. By merging the perspectives in these papers, the introductory chapter explores the impacts and legacies of previous transformations on the post-Soviet agricultural transformation up to 2004. The thesis specifically analyses the long-term effects of perceptions of markets and the role of agricultural production, changes in the agrarian property relations, organisation of agricultural production and co-operation. In analytical terms, this is discussed from the perspectives of continuity and discontinuity. Besides the several societal changes affecting the agrarian property relations in 20th century Estonia, the radical and decisive shifts have also affected markets, trade and economic integration. Since the end of the First World War, Estonia has been quickly thrown between different economic-political systems and legal environments. From the perspective of the small state’s dependence on trade and reliance on a few markets, the upheavals in the early 1920s, after World War II, and not least the fall of the Soviet Union, Estonia’s long-term economic development has been significantly affected. In this context the role of agriculture has changed. Most important, however, this dissertation shows how the idea of small-scale family farming survived throughout the planned economic period and became an indispensable production unit, even though it turned out to be a myth as soon as the Soviet system was dissolved and the exposure to international competition began after 1991.

Advancing technology has caused rapid and dramatic changes in the world of work. Labour law systems grounded in the industrial era, with their emphasis on collective bargaining, are not suitable in today’s world of work. Throughout the world, the ‘atypical employee’ is replacing the standard or typical employee whose terms and conditions of employment were generally regulated by collective agreements. Atypical employee’s terms and conditions of employment generally are not regulated by collective agreements. World– wide trends in the decentralisation of collective bargaining, decollectivisation and individualisation of the employment relationship have contributed to a decline in trade union power and influence. Consequently the number of workers covered by collective agreements has decreased. Collective bargaining has been rendered less effective because of the changing the world of work. The South African labour law system places a huge emphasis on collective bargaining, particularly at industry level, for the protection of employee interests. Given these trends in the changing world of work, the appropriateness of this emphasis on industry or central level collective bargaining is questioned. The vacuum left by the inadequacy and inability of trade unions to protect employee interests in a comprehensive manner by means of collective bargaining, needs to be addressed. The following alternative means of protecting employee interests are considered: (i) The socialisation of the law of contract; (ii) the interpretation given to the constitutional right to fair labour practices; and (iii) the role of good corporate governance and corporate social responsibility. These alternative means of addressing legitimate employee interests could play a role in filling the vacuum created by trade union decline. The South African law of contract is capable of bridging the gap between law and justice by the application of the concepts of good faith and public policy, so that employment contracts may take cognisance of employee interests despite the imbalance of power between employer and employee. The protection of worker interests by means of the constitutional right to fair labour practices depends on the judge’s interpretation of what is fair. Implementation of good corporate governance codes can be influential in protecting and promoting employee interests. / Thesis (LLD (Mercantile Law))--University of Pretoria, 2006. / Mercantile Law / unrestricted