In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it.
The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques.
These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.
Introduction: A Framework for Thinking about the Future of Social Justice
Brian Langille (University of Toronto, Canada) and Anne Trebilcock (University of Göttingen, Germany)
PART I
GOALS AND CHALLENGES
A. Clarifying the Idea of Social Justice in Work
1. Globalisation or ‘Mondialisation’? Taking Social Models Seriously
Alain Supiot (College de France, France)
2. Social Justice and Reform of Capitalism
Adalberto Perulli (Ca’ Foscari University, Italy)
3. Learning from the Past for the Future of International Labour Law
Adelle Blackett (McGill Law School, Canada)
4. Two Institutional Paths Toward the Future of Work – A View from the Edge of the Field
Kerry Rittich (University of Toronto, Canada)
5. International Axiologies for Social Justice at the International Labour Organization: Value-based Perspectives and Ways Forward
Jordi Agustí-Panareda (International Labour Organisation, Switzerland)
6. ‘A Just Share of the Fruits of Progress’: What Does It Mean?
K D Ewing (King’s College, London, UK) and Lord Hendy KC (Barrister, UK)
B. Critical Dimensions of the Global Future of Social Justice in Work
7. International Environmental Law and Social Justice: On Encounters
Laurence Boisson de Chazournes (University of Geneva, Switzerland)
8. Sustainability as a Guide for the Future Development of International Labour Law?
Tonia Novitz (University of Bristol, UK)
9. On the Irrelevance of Citizenship in the House of Labour
Alan Hyde (Rutgers University Law School, USA)
10. Restrictive Visa Schemes and Global Labour Justice
Virginia Mantouvalou (University College London, UK)
11. Persistent Gender Gaps: Past Priorities, Future Prospects for the Pursuit of Equality in the World of Work
Shauna Olney (International Civil Service Commission, Canada)
PART II
MEANS
A. International Institutions and the Future of Global Labour Justice
I. The International Labour Organization
12. The Past and Future of Governance: Epistemic Authority and the ILO
Jan Klabbers (University of Helsinki, Finland)
13. The Resilience of Multilateralism: An ILO Introspection for a System-wide Vision
Tomi Kohiyama (International Labour Organization, Switzerland) and Thomas Lieby (International Labour Organization, Switzerland)
14. The Contemporary Quest for Social Justice: Some Further Thoughts on the ILO Contribution
Jean-Michel Servais (University of Gerona, Spain)
15. The Impact of the Standards Review Mechanism on the Future of International Labour Standards: Not Even Diamonds are Forever
Claire La Hovary (International Labour Office, Switzerland)
16. Is the ILO a Legitimate Global Institution?
Supriya Routh (University of British Columbia, Canada)
II. The World Trade Organization and the Trade and Labour Nexus
17. Reforming the WTO to Better Promote Social Justice
Steve Charnovitz (George Washington University, USA)
18. A Tale of Tripartism, a Tribunal and Trade
Desirée LeClercq (Cornell University, USA)
III. The Potential of Regional Systems
19. Achieving Social Justice through Investor-related Labour Obligations? Brief Insights from the African Investment Treaty Practice
Makane Moïse Mbengue (University of Geneva, Switzerland)
20. A Regional Revitalisation of Labour Rights? The Emerging Approach of the Inter-American Court of Human Rights
Franz Christian Ebert (Max Planck Institute of Comparative Public and International Law, Germany)
21. Social Sustainability and Labour rights in a Resilient EU
Bruno Caruso (University of Catania, Italy) and Veronica Papa (University of Catania, Italy)
B. Possible Futures of Global Labour Justice by Other Means: Public and Private Actors
22. Peeling the Onion: On Choices Judges Make in Transnational Labour Litigation
Judy Fudge (McMaster University, Canada) and Guy Mundlak (Tel Aviv University, Israel)
23. The Use of Arbitration to Resolve Transnational Labour Disputes
Katerina Yiannibas (Columbia Law School, USA)
24. Buying beyond our Borders: Public Procurement and Labour Rights in Global Supply Chains
Olga Martin-Ortega (University of Greenwich, UK) and Martina Trusgnach (University of Greenwich, UK)
25. EU Trade Preferences and Human Rights in Myanmar
Richard Horsey (independent expert, Myanmar)
26. The Future of Health and Safety at Work as a Fundamental Principle and Right: Will it meet ISO and UN challenges?
Isabelle Daugareilh (University of Bordeaux, France)
C. ‘Labour Law Itself’ and the Future of Global Social Justice
27. On Social Justice and Artificial Intelligence: Trade Unions as Instruments for the Dissemination of Transnational Norms
Julia López López (Pompeu Fabra University, Spain) and Eusebi Colàs Neila (Pompeu Fabra University, Spain)
28. It’s About Time – Gender, Justice and Working Time Regulation in Employment and Care Work
Kirsten Scheiwe (University of Hildesheim, Germany)
29. Epistemic Secrets of Labour Law: Towards a Decolonial Turn
Flavia Souza Máximo Pereira (Federal University of Ouro Preto, Brazil) and Pedro Augusto Gravatá Nicoli (Federal University of Minas Gerais, Brazil)
30. After ‘Subsistence Work’: Labour Commodification and Social Justice in the Household Workplace
Liam McHugh-Russell (Dalhousie School of Law, Canada)
31. Social Justice for an Ongoing Theoretical Reconfiguration of Labour Law
Adrián Goldin (University of Buenos Aires, Argentina)
Publications of Francis Maupain
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