On June 8, 2007, the Supreme Court of Canada [SCC] overruled its jurisprudence of the past twenty years on freedom of association. The majority of the judges agreed that section 2d) of the Canadian Charter of Rights and Freedoms protects the right to the process to collective bargaining. In doing so, the SCC rejected the ratio of the majority enunciated in the 1987 trilogy and, at last, gave place to international labour law, in particular to freedom of association principles elaborated by the International Labour Organization's supervisory bodies. The analysis of these principles, focused on three related rights, i.e. the right to collective bargaining, the right to strike and the right not to associate, allows the author to conclude that for the first time, Canada is showing greater respect for its international obligations. What the SCC will decide for the right to strike remains to be seen.

Thesis (Ph. D.)--Columbia University, 1926. / Vita. Published also as Studies in history, economics, and public law, no. 278. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (p. 488-490).

Thesis (M.A.)--University of Oregon, 2008. / Typescript. Includes vita and abstract. Includes bibliographical references (leaves 108-114). Also available online.

What is Chinese behaviour like in the International Labour Organization (ILO) - is China a Status Quo or a Revisionist Actor? Despite the prominence of the issue of China's rise in international relations studies, little research has been published on China's behaviour in international organizations in other realms than the economic. This thesis, therefore, seeks the answer to the posed question. Chinese statements are examined concerning forced and child labour, as well as other distinct themes, their structure and a potential underlying strategy. The findings are retrieved from an analysis of Chinese statements in sittings of ILO organs and checked against information provided in ILO reports to detect discrepancies. A major finding is that the overall behaviour of China in the ILO can categorized as reform-minded status quo, even though there are some factors which could be interpreted as revisionist tendencies. Due to this categorization, a continued peaceful rise of China is considered to be possible.

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Made available in DSpace on 2016-04-26T20:22:02Z (GMT). No. of bitstreams: 1 Fernanda de Miranda S C Abreu.pdf: 546978 bytes, checksum: 897e2c02c9a2d8e07a40d9eaa592c9d4 (MD5) Previous issue date: 2013-09-20 / This paper aims to study the international labor conventions arising from the International Labour Organization and the treatment they received in the Brazilian legal system. To do so, we start the study of the general theory of treaties, encompassing its species (including a novel kind of human rights treaties), its relationship with national law - including the hierarchy that will once internalized-, its ratification and its complaint always tangential to the vision of the Supreme Court on the respective subjects. Then move into the study of the International Labour Organization and what its creation represented to the consolidation of labor law and human rights, analyzing the instruments owned by this organization for the protection of these rights and their specific front treaties in general. Finally, we will analyze three ILO conventions: the n° 132, 87 and 158, because they represent different situations facing our constitutional system and allow an accurate analysis and practice of all institutes here scattered, allowing us to give an overview of treatment received by the international labor conventions by the highest court of the country and by the law enforcement in general. Because this is a descriptive study, it will be based on research, sometimes using the deductive method and other inductive, especially in critical reflections on the normative texts / O presente trabalho objetiva estudar as convenções internacionais do trabalho oriundas da Organização Internacional do Trabalho e o tratamento por elas recebido no sistema jurídico brasileiro. Para tanto, parte-se do estudo da teoria geral dos tratados, englobando suas espécies (inclusive a novel espécie dos tratados de direitos humanos), sua relação com o direito nacional inclusive a hierarquia que terão uma vez internalizados-, sua ratificação e sua denúncia, sempre tangenciando a visão do Supremo Tribunal Federal sobre tais temas. Em seguida passa-se ao estudo da Organização Internacional do Trabalho e o que representou sua criação na consolidação do direito do trabalho como matéria de direitos humanos, analisando o ferramental possuído por esta organização para a tutela destes direitos e suas especificidades frente aos tratados em geral. Por fim, serão analisadas três convenções da OIT, quais sejam as de n° 132, 87 e 158, por representarem diferentes situações frente à ordem constitucional pátria e permitirem uma análise acurada e prática de todos os institutos aqui esmiuçados, permitindo-nos traçar um panorama do tratamento recebido pelas convenções internacionais do trabalho pela mais alta Corte do país e pelos operadores do direito em geral. Por se tratar de um estudo descritivo e exploratório, será realizado com base na pesquisa bibliográfica e histórica, utilizando por vezes do método dedutivo e outras o indutivo, principalmente nas críticas e reflexões acerca dos textos normativos.

In this paper I delve into the connection between trade policy and labour rights as probably one of the most controversial issues, which the international trading system is faced with today. Labour laws differ from country to country and of course it is a cause for concern where some countries have higher standards than others, it becomes problematic for these countries with high standards to compete with countries with lower standards. Even though there is a definite link between trade and labour, my argument is that incorporating labour standards into the international trading system is not the best way forward to deal with the problem of abuse of labour standards.<br /> <br /> I further investigate the two organizations at the forefront of this debate, being the WTO and the ILO. In an attempt to ascertain which of the two is the best forum to deal with the issue I further look at the relationship between these two organizations. Compliance with international labour standards is a growing concern as worldwide standards are deteriorating and nothing is being done to alleviate the problem. Accordingly, I explore the causes for the abuse of labour standards and seek to find the better alternative, by looking at the respective positions of the parties who are for and against the linkage of trade with labour standards. Here the views and concerns of the developed world are weighed up against those of the developing world and looking at possible alternatives concludes the paper.

Zuzana Chmelíková. Private Employment Agencies and Agency Employment Abstract The main topic of this thesis is the effect of private employment agencies on the Czech labor market and legal regulation of their activities, especially of the agency employment. This thesis also focuses on the problems associated with the agency employment. The labour law is variable depending on social and economical changes not only in our country but also worldwide. It is related to the employment which should reflect the actual situation mostly on the labor market. In this situation there are a lot of people who can not find work and who must search for some alternative options. One of opportunities which are offered is the agency employment. This is the point of accent on quality legislation to minimize the risk of abuse and discrimination of the agency employees. The author analyzes the present legislation and outlines possible solutions of problems. This thesis is divided into eight main chapters. The Chapter One consists of the main concepts definitions which are used in this thesis. The subject of the Chapter Two is the agency employment development, namely in the Czech republic, in the European Union and in the international community. The Chapter Three describes in detail documents which solve some agency employment...

M.Comm. / The purpose of this study is to compare and contrast, through a literature review, the compliance of the Republic of Korea (ROK) and the Republic of South Africa to the minimum labour standards of the International Labour Standards (ILO). The minimum standards are established as the core labour standards, embodied in the eight fundamental conventions. The ROK and South Africa’s labour laws and labour practices are benchmarked against the ILO’s International Labour Standards (ILS) in order to compare these practices and to establish if these labour standards comply with the minimum standards set by the ILO. The propositions stated are: that the ROK and South African labour standards differ, that South African labour standards comply with the minimum labour standards of the ILO; and that ROK labour standards do not comply with the minimum standards of the ILO. The propositions were verified. The ILO standards are described in order to identify the minimum rules set by the core labour standards as embodied in the eight fundamental conventions. The two countries’ labour relations histories, labour laws, labour relations institutions and rule making strategies are described as part of the labour practices in these countries. The labour practices in each country are analysed and benchmarked against the ILO ILS in order to identify an inconsistency between law and practice. In South Africa, the Constitution includes all international laws when interpreting South African law. The only exceptions are when the Constitution or when an act of Parliament specifically excludes the contents of such a law. The conclusion is that South Africa complies with ILO ILS. In the ROK, the labour practices such as the right to the freedom of association and collective bargaining of non-permanent workers, as well as the exclusion of certain categories of workers are areas of concern.

This dissertation analyzes the effects of the ILO’s 1998 Declaration on Fundamental Principles and Rights at Work, taking as a case study ILO’s promotion of freedom of association in Brazil. It suggests that the 1998 Declaration’s promotional approach offers mechanisms that have the capacity to change a country's behaviour. In the case of Brazil, this change would involve reform of a corporativist trade union law that violates the principle of freedom of association. The peculiarities of compliance with the freedom-of-association principle represent a significant challenge to the ILO, especially when a country lacks the political will to comply with the principle. This dissertation shows that the 1998 Declaration provides mechanisms − information, qualification of the bureaucracy and support of independent actors − that can be used in these situations even outside the scope of a cooperation program to reform the law and modify public policy.