This article explores the interconnections and continuities between racial inequalities in the contemporary labour market and the legacies of colonialism and racial distinctions woven into the evolution of market economy. It argues that race is embedded in the legal form by which labour is regulated. In its focus on the legal relations between individual subjects, namely, the contract of employment, the dominant legal form for governing work relations, the standard employment relationship, erases from view the broader social and economic structures within which the bilateral relationship exists—that is, the unpaid work of social reproduction and the colonial extraction which make paid work possible. The article identifies a number of ways in which race, racism and the legacies of colonialism are implicated in the evolution of market economy and latterly in the construction of the postwar welfare state and contemporary labour market institutions. First, in the racial capitalism of slavery. Second, in the colonial extraction and commodification of labour power from the global South for the benefit of markets in the global North. Third, in relation to migrant labour and racialised segmentation of the labour market.
{"title":"Race and Colonialism in the Construction of Labour Markets and Precarity","authors":"Diamond Ashiagbor","doi":"10.1093/INDLAW/DWAB020","DOIUrl":"https://doi.org/10.1093/INDLAW/DWAB020","url":null,"abstract":"This article explores the interconnections and continuities between racial inequalities in the contemporary labour market and the legacies of colonialism and racial distinctions woven into the evolution of market economy. It argues that race is embedded in the legal form by which labour is regulated. In its focus on the legal relations between individual subjects, namely, the contract of employment, the dominant legal form for governing work relations, the standard employment relationship, erases from view the broader social and economic structures within which the bilateral relationship exists—that is, the unpaid work of social reproduction and the colonial extraction which make paid work possible. The article identifies a number of ways in which race, racism and the legacies of colonialism are implicated in the evolution of market economy and latterly in the construction of the postwar welfare state and contemporary labour market institutions. First, in the racial capitalism of slavery. Second, in the colonial extraction and commodification of labour power from the global South for the benefit of markets in the global North. Third, in relation to migrant labour and racialised segmentation of the labour market.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89092154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"No Turning Back from Social Europe: A New Interpretation of the Refurbished Posted Workers Directive in Hungary and Poland","authors":"Marta Lasek-Markey","doi":"10.1093/indlaw/dwab031","DOIUrl":"https://doi.org/10.1093/indlaw/dwab031","url":null,"abstract":"<span>Irish Research Council10.13039/50110000208115954</span>","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138506250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is expected that the maritime world will be significantly different by 2050, from smart ports through to blockchain-based shipping documents and autonomous vessels. As the maritime trade witnesses further developments in this field, there will be an inevitable struggle to harmonise the new technology vessels with the traditional rules of law. This article seeks to further the discussion of one of the main legal rules that will have a significant role in shaping sea carriers’ liability for goods carried by autonomous vessels: the nautical fault exception, which operates to remove, to some extent, sea carriers’ liability for losses arising from the acts or omissions of their employees. The main tenet of this article is that an adapted version of the exception should be available to govern the carriage of goods by new technology vessels. In this context, it advocates the use of legal personhood for the purposes of the nautical fault exception. In so doing, this article contributes to the important debate in employment law on the distribution of the risk of losses arising from autonomous systems when, in future, they take over tasks traditionally carried out by employees. In the absence of employment contracts to perform certain commercial activities, the law will need to decide whether legal personhood should be assigned to autonomous systems for efficient and fair risk allocation. This article illustrates why this may be the solution particularly where there is a ‘fine-tuned’ balance of liability already struck in the current legal landscape.
{"title":"Reconceptualising the Nautical Fault Exception in the Fog of Emerging Technologies","authors":"M. Ozdel","doi":"10.1093/indlaw/dwab028","DOIUrl":"https://doi.org/10.1093/indlaw/dwab028","url":null,"abstract":"\u0000 It is expected that the maritime world will be significantly different by 2050, from smart ports through to blockchain-based shipping documents and autonomous vessels. As the maritime trade witnesses further developments in this field, there will be an inevitable struggle to harmonise the new technology vessels with the traditional rules of law. This article seeks to further the discussion of one of the main legal rules that will have a significant role in shaping sea carriers’ liability for goods carried by autonomous vessels: the nautical fault exception, which operates to remove, to some extent, sea carriers’ liability for losses arising from the acts or omissions of their employees. The main tenet of this article is that an adapted version of the exception should be available to govern the carriage of goods by new technology vessels. In this context, it advocates the use of legal personhood for the purposes of the nautical fault exception. In so doing, this article contributes to the important debate in employment law on the distribution of the risk of losses arising from autonomous systems when, in future, they take over tasks traditionally carried out by employees. In the absence of employment contracts to perform certain commercial activities, the law will need to decide whether legal personhood should be assigned to autonomous systems for efficient and fair risk allocation. This article illustrates why this may be the solution particularly where there is a ‘fine-tuned’ balance of liability already struck in the current legal landscape.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88315659","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Agreement to Discuss: The Social Partners Address the Digitalisation of Work","authors":"D. Mangan","doi":"10.1093/indlaw/dwab026","DOIUrl":"https://doi.org/10.1093/indlaw/dwab026","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72487070","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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