Labour Regulation and Development
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Labour Regulation and Development

Socio-Legal Perspectives

9781785364891 Edward Elgar Publishing
Edited by Shelley Marshall, Senior Lecturer, Department of Business Law and Taxation, Monash University, Australia and Colin Fenwick, Head of Labour Law and Reform Unit, International Labour Office, Switzerland
Publication Date: 2016 ISBN: 978 1 78536 489 1 Extent: 352 pp
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com.

This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialised ones, therefore making it a significant contribution to the field.

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Critical Acclaim
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Contents
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This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialised ones, therefore making it a significant contribution to the field.

In large part, the authors conclude that regulation of labour can play a positive role in promoting social and economic development, especially over time. Effective regulation has the potential to promote democratic engagement at work and beyond. However, its impact is dependent on how much its design grapples with the particular arrangements of work occurring within different industries, reflecting the nature of development and social relations within that country. Contributors emphasise that regulation needs to be adapted to the challenges presented by non-standard employment relations, changes in the structure of work and the rise of global value chains.

This collection’s exploration of labour regulation in developing countries will be of interest to labour law scholars and teachers, and to policy-makers in the field of labour regulation – especially in the global South – as well as to technical advisers and those engaged in the practice of industrial relations.
Critical Acclaim
‘Marshall and Fenwick have sculpted a rich body of essays by brilliant scholars from developed and developing countries. Labour Regulation and Development takes the reader on innovative angles of approach to poverty, inequality, informality, exclusion, gender and ethnic discrimination, supply-chain dynamics, trade and investment flows, regulatory enforcement capacity and other challenges in the global economy. This volume confronts head-on debates about labour market regulation and whether it helps or hurts economic development. Their approaches differ, but the contributors here make a powerful case for strong regulatory institutions that promote economic development while advancing social justice.’
– Lance Compa, Cornell University, US
Contributors
Contributors: G. Bensusán, D. Cheong, S. Deakin, F. C. Ebert, C. Fenwick, S. Godfrey, K. Kolben, S. Marshall, K. Sankaran, M. von Broembsen























Contents
Contents:

1. Labour Law and Development: Characteristics and Challenges
Shelley Marshall and Colin Fenwick

2. Labour Law and Development in the Long Run
Simon Deakin

3. Labour Regulation, Capabilities, and Democracy
Kevin Kolben

4. Labour Law and Trade Policy: What Implications for Economic and Human Development?
David Cheong and Franz Christian Ebert

5. Labour Law and Development Viewed From Below: What Do Case Studies of the Clothing Sectors in South Africa and Lesotho Tell Us?
Marlese von Broembsen and Shane Godfrey

6. Labour Law, Inclusive Development and Equality in Latin America
Graciela Bensusán

7. Labour Law in South Asia: A Right to Development Perspective
Kamala Sankaran

8. The ILO and National Labour Law reform: Six Case Studies
Colin Fenwick

9. Revitalising Labour Market Regulation for the Economic South: New Forms and Tools
Shelley Marshall

Index
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