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The Committee of Experts on the Application of Conventions and Recommendations: The Centenary Year 执行公约和建议专家委员会:百年纪念
Pub Date : 2021-05-04 DOI: 10.1080/09615768.2021.1954799
Karon Monaghan
The ILO’s centenary was a good time to reflect on the work of the Committee of Experts on the Application of Conventions and Recommendations (CEACR), and on the challenges it has faced over the dec...
国际劳工组织成立一百周年是一个很好的时机,可以反思公约和建议实施专家委员会(CEACR)的工作,以及它在过去十年中所面临的挑战。
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引用次数: 0
The World Parliament of Labour: The International Labour Organisation's First Hundred Years 世界劳工议会:国际劳工组织的第一个百年
Pub Date : 2021-05-04 DOI: 10.1080/09615768.2021.1969760
N. Countouris, K. Ewing
This special issue of the King’s Law Journal includes some of the papers that were first presented at a symposium jointly organised by our respective academic institutions, KCL and UCL, in November 2019, to celebrate the International Labour Organisation’s (ILO) first centenary. The symposium gave its attendees an opportunity to celebrate the contribution of the ILO to social justice and the quest for dignity in the world of work. It also became an opportunity to reflect on the future of the organisation, the challenges it faces, and the role of international labour standards more broadly. Crucially, it identified the principle of Freedom of Association as the axis around which the entire institutional and normative machinery of the ILO revolves. This was a suitable principle from which to analyse the functioning of an organisation that is sometimes referred to as ‘The World Parliament of Labour’, in a way that seeks to highlight both the rule-setting role of the organisation and its very unique democratic and representative credentials. Indeed, if the International Labour Conference (ILC) is often described as ‘the motor’ of the ILO, then Freedom of Association ought to be seen as the fuel and lubricant that make that engine work. Within the ILO, Freedom of Association is both a constitutional
本期《国王法杂志》特刊收录了2019年11月由我们各自的学术机构——吉隆坡大学学院和伦敦大学学院联合举办的研讨会上首次发表的一些论文,以庆祝国际劳工组织(ILO)成立100周年。专题讨论会使与会者有机会庆祝劳工组织对劳动世界的社会正义和追求尊严所作的贡献。这也成为一个反思该组织未来的机会,它面临的挑战,以及更广泛的国际劳工标准的作用。至关重要的是,它确定结社自由原则是劳工组织整个体制和规范机制围绕这一原则运转的轴心。这是一个合适的原则,用来分析一个有时被称为“世界劳工议会”的组织的运作,以一种旨在突出该组织的规则制定作用及其非常独特的民主和代表性资格的方式。的确,如果国际劳工大会(ILC)经常被描述为国际劳工组织的“发动机”,那么结社自由应该被视为使发动机工作的燃料和润滑剂。在国际劳工组织内部,结社自由既是宪法
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引用次数: 0
A Right Against Extreme Wage Inequality: A Social Justice Modernisation of International Labour Law? 反对极端工资不平等的权利:国际劳动法的社会正义现代化?
Pub Date : 2021-05-04 DOI: 10.1080/09615768.2021.1945770
Ioannis Katsaroumpas
The ILO centenary celebrated in 2019 offered an occasion for reflection on the past, present and future of international labour law. With inequality described by ILO as ‘one of the most daunting challenges for future of work', international labour law confronts the task of developing regulatory responses to the ever-widening gap between the remuneration of corporate executives and those of low-paid workers. In search of new solutions for reversing this process, this article makes the case for the recognition of a new international labour right against extreme wage inequality grounded in the ‘just share’ imperative of the Declaration of Philadelphia. It also advances a novel regulatory model for implementing this right.
2019年庆祝的国际劳工组织百年纪念为反思国际劳动法的过去、现在和未来提供了一个机会。由于国际劳工组织将不平等描述为“未来工作中最艰巨的挑战之一”,国际劳动法面临的任务是制定监管措施,以应对企业高管与低收入工人之间日益扩大的薪酬差距。为了寻找扭转这一进程的新解决方案,本文提出了在《费城宣言》的“公平分享”要求基础上,承认一种新的国际劳工权利,以反对极端的工资不平等。它还提出了一种新的监管模式来实现这一权利。
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引用次数: 0
The International Labour Organization’s Next Century: Economic Democracy, and the Undemocratic Third 国际劳工组织的《下一个世纪:经济民主和第三个不民主国家》
Pub Date : 2021-05-04 DOI: 10.1080/09615768.2021.1969758
E. McGaughey
A century ago, the International Labour Organization’s founding document, the ill-fated Versailles Treaty 1919, recalled that ‘peace can be established only if it is based upon social justice’. This idea of social justice, and its emergence at the centre of international law, was audacious because it demanded change. It said that justicewas creative, that it did not simply correct or distribute what was already there. It said that humanity could achieve higher goals, that people were not born for one job, and that the role of a just society was to ensure everyone could develop their personality to the fullest. This tradition of thought followed the conviction that we can expand our ‘capacity’, that we must strive for ‘human improvement’ and for ‘elevating the universal lot’, and we must attain ‘the utmost possible development of faculty in the individual human being’. As one of Versailles’ dejected negotiators would later write, ‘the real
一个世纪前,国际劳工组织的创始文件——1919年命运多舛的《凡尔赛条约》(Versailles Treaty)回顾道,“只有在社会正义的基础上才能建立和平”。这种社会正义的观念及其在国际法中心的出现是大胆的,因为它要求变革。它说,司法是创造性的,它不是简单地纠正或分配已经存在的东西。它说,人类可以实现更高的目标,人不是为一份工作而生,一个公正的社会的作用是确保每个人都能充分发展自己的个性。这种思想传统遵循的信念是,我们可以扩大我们的“能力”,我们必须为“人类进步”和“提高普遍命运”而奋斗,我们必须实现“个人能力的最大可能发展”。正如一位沮丧的凡尔赛谈判代表后来所写的那样,“真实的
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引用次数: 0
100 years of the ILO in action: Reflections on inclusive collective representation and the organization's quest for social justice 国际劳工组织的百年行动:关于包容性集体代表性和该组织对社会正义的追求的思考
Pub Date : 2021-05-04 DOI: 10.1080/09615768.2021.1969756
K. Curtis
Freedom of association is the bedrock of the International Labour Organization and yet its century plus history has been confronted with enormous challenges to the protection of this fundamental right and the elaboration of its contours. This reflection aims at reviewing some of the most significant challenges encountered, the tools for their resolution and the important consequential impact, anchoring the basic tenets of democracy. It concludes by reflecting on means for filling remaining gaps to full, equal and democratic participation in tripartite governance.
结社自由是国际劳工组织的基石,然而其一个多世纪的历史在保护这一基本权利和制定其轮廓方面面临着巨大的挑战。这一反思的目的是审查所遇到的一些最重大的挑战,解决这些挑战的工具和重要的后续影响,巩固民主的基本原则。最后,它思考了如何填补在三方治理中充分、平等和民主参与方面的剩余差距。
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引用次数: 0
Slavery, Servitude and Forced Labour in International Law: Should the Difference Still Matter? 国际法上的奴隶制、奴役和强迫劳动:区别是否仍然重要?
Pub Date : 2021-05-04 DOI: 10.1080/09615768.2021.1951499
G. Gyulai
After centuries of abolitionist struggle and attempts to improve labour standards at a global level, human exploitation is still endemic, including its most egregious forms: slavery, servitude and forced labour. In 2017, the International Labour Organisation (ILO) reported 40.3 million victims of ‘modern slavery’ globally. Representing one of the most deeply entrenched human rights violations in history, it is striking to observe how little international courts and bodies have dealt with the interpretation of slavery, servitude and forced labour, and how recently some of them have started engaging with this task. Slavery, servitude and forced labour are equally prohibited under international law. Most international human rights conventions of a general scope deal with these three forms of treatment in the same article, indicating a strong connection between them. Slavery and forced labour are defined in two widely ratified international conventions, and even the more ‘mysterious’ concept of servitude has been given a
经过几个世纪的废奴主义斗争和在全球一级改善劳工标准的努力,人类剥削仍然普遍存在,包括其最恶劣的形式:奴役、奴役和强迫劳动。2017年,国际劳工组织(ILO)报告称,全球有4030万“现代奴隶制”受害者。这是历史上最根深蒂固的侵犯人权行为之一,令人惊讶的是,国际法院和机构很少处理对奴隶制、奴役和强迫劳动的解释,其中一些法院和机构最近才开始从事这项工作。国际法同样禁止奴役、奴役和强迫劳动。大多数一般范围的国际人权公约在同一条款中处理这三种形式的待遇,表明它们之间有很强的联系。奴隶制和强迫劳动在两项得到广泛批准的国际公约中得到了定义,甚至更“神秘”的奴役概念也被赋予了一个
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引用次数: 1
Creating, and Distributing, Common Funds Under the English Representative Rule 英国代表制下共同基金的创设与分配
Pub Date : 2021-03-31 DOI: 10.1080/09615768.2021.1904592
Rachael Mulheron
In his claim against Google LLC (‘Google’) for data infringement on behalf of millions of Apple iPhone users, Richard Lloyd has fashioned a ground-breaking and laudatory attempt to obtain modest, yet meaningful, damages for each class member. Mr Lloyd is using the English representative rule (contained in CPR 19.6) to do so, given the continuing absence of any comprehensive and generic class action in this jurisdiction. The litigation has been rightly described by the Court of Appeal as ‘an unusual and innovative use of the representative procedure’. A further appeal is destined for hearing in the Supreme Court in late April 2021. There is no doubt that the representative rule has some characteristics of a more expanded class action procedure, given how it has come to be interpreted over its long history. The question posed in this article, however, is whether the representative rule can facilitate this action, in two respects.
理查德•劳埃德(Richard Lloyd)代表数百万苹果(Apple) iPhone用户起诉谷歌(Google LLC)数据侵权,他开创了一个开创性的、值得称赞的尝试,为每位原告成员争取到适度但有意义的损害赔偿。鉴于在英国司法管辖区仍未发生任何全面和通用的集体诉讼,劳埃德先生正在使用英国代表规则(包含在CPR 19.6中)来做到这一点。上诉法院正确地将该诉讼描述为“对代表程序的不寻常和创新的使用”。进一步的上诉将于2021年4月底在最高法院举行听证会。毫无疑问,鉴于其在漫长的历史中是如何被解释的,代表规则具有更广泛的集体诉讼程序的某些特征。然而,本文提出的问题是,代表规则能否在两个方面促进这一行动。
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引用次数: 0
‘Shock Therapy’ and The Criminal Justice Casualties of Covid-19 “休克疗法”与Covid-19的刑事司法伤亡
Pub Date : 2021-01-02 DOI: 10.1080/09615768.2021.1885313
Hannah Quirk
Covid-19 poses the greatest threat to the poor and to those with existing vulnerabilities. This meant that the criminal justice system was especially vulnerable to its ravages. The backlog of criminal cases in the CrownCourts has risen by over a third since the beginning of March 2020 to over 53,000 bymid-January 2021. This situation is unacceptable, unsustainable and possibly unlawful. The government is considering the ‘shock therapy’ of removing jury trials in some or all cases as a means to process cases more quickly. The advantages of such a proposal are obvious in terms of speed, savings and the safety of participants. The dangers are more abstract, but no less significant. This article considers: (1) The underlying problems thatmeant the criminal justice systemwas already in a weakened state when the pandemic began; (2) The inadequate response of HerMajesty’s Courts and Tribunals Service (HMCTS) to the crisis; (3) The dangers of the ‘shock therapy’ to curtail jury trial, with reference to the Diplock Courts of Northern Ireland which it concludes could cause greater longer-term harm to the system than Covid-19 has done.
Covid-19对穷人和现有弱势群体构成最大威胁。这意味着刑事司法系统特别容易受到其破坏。自2020年3月初以来,皇家法院积压的刑事案件增加了三分之一以上,到2021年1月中旬已超过5.3万起。这种情况是不可接受的、不可持续的,而且可能是非法的。政府正在研究在部分或全部案件中取消陪审团审判的“休克疗法”,以加快案件的处理速度。在速度、节省和参与者的安全方面,这种提议的优点是显而易见的。这些危险更加抽象,但同样重要。本文考虑:(1)在大流行开始时,导致刑事司法系统已经处于弱化状态的潜在问题;(2)英国法院和法庭服务处(HMCTS)对危机的反应不足;(3)以北爱尔兰迪普洛克法院为例,“休克疗法”限制陪审团审判的危险,它得出的结论是,这可能会对该系统造成比Covid-19更大的长期伤害。
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引用次数: 0
A Social Recovery, Workplace Democracy and Security: Covid-19 and Labour Law 社会复苏、工作场所民主和安全:2019冠状病毒病与劳动法
Pub Date : 2021-01-02 DOI: 10.2139/SSRN.3781475
E. McGaughey
The COVID-19 pandemic has shown the painful consequences of poor job security and workplace democracy. The UK government’s initial flirt with ‘herd immunity’, the delay in lockdown, and the absence of a work strategy that prioritised safety after the summer, caused among the most appalling death rates in the world, worse than Trump’s America. However, a swift change in the job security policy stemmed mass unemployment, after initial reports of 2.1 million people claiming unemployment benefits. The ‘Coronavirus Job Retention Scheme’ eventually meant that the unemployment statistics (as opposed to claimant count) showed only a modest jobless rise. Comparison with the US where there are effectively no rights, and other countries with strong rights, shows that universal social security and workplace democracy are at the core of successful economic performance. This paper explains the UK’s health and safety rights, how the job retention scheme was unfurled with extension to employed and self-employed, and the connection between votes at work and employment. It shows how reality discredits the minority views of economic theorists who oppose labour rights, and suggests the legal reforms we can undertake to achieve a social recovery.
2019冠状病毒病(COVID-19)大流行已经展示了糟糕的工作保障和工作场所民主的痛苦后果。英国政府最初对“群体免疫”的不屑一顾,封锁的延迟,以及夏季后缺乏优先考虑安全的工作战略,导致了世界上最令人震惊的死亡率,比特朗普领导下的美国还要糟糕。然而,就业保障政策的迅速变化遏制了大规模失业,此前有初步报告称,有210万人申请失业救济。“冠状病毒工作保留计划”最终意味着失业统计数据(而不是申领人数)仅显示失业率小幅上升。与实际上没有权利的美国和其他拥有强大权利的国家相比,普遍的社会保障和工作场所民主是成功经济表现的核心。本文解释了英国的健康和安全权利,如何将工作保留计划扩展到受雇者和自雇者,以及工作投票与就业之间的联系。它表明,现实如何让反对劳工权利的经济理论家的少数观点失去了可信度,并建议我们可以进行法律改革,以实现社会复苏。
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引用次数: 1
Policing Protest in a Pandemic 流行病中的警察抗议
Pub Date : 2021-01-02 DOI: 10.1080/09615768.2021.1885323
Dave Mead
According to theDaily Mail, just before the move to a much fuller national lockdown in early November, and re-introduction of bans on outside gatherings of more than two, the Home Secretary Priti Patel ‘briefed chief constables over the weekend to tell officers to enforce the rules’. That is hard to square with longstanding notions of constabulary independence, most notably the well-known dicta in Blackburn. It illustrates well the rather strange, unchartered constitutional waters that we have been in these past six or so months when we consider the topic of protest and the way it is policed. This paper seeks to sketch out some of the terrain—if waters can have a terrain?— and to offer a few insights. It is in three main parts: an outline of the legal restrictions on ‘gatherings’—covering large-scale, staged protest events such as marches, rallies, demos, sit-ins and occupations—in the various Coronavirus Regulations, then a critique of those rules, followed by a discussion about some of the key policing aspects. This raises the immediate observation of a misplaced focus: ‘Protest as socio-political activity requires an appreciation and comprehension of the small-scale and everyday, a reclaiming of protest from below, to paraphrase E.P. Thompson’. Nonetheless, let us consider how the law has treated mass protests this year.
据《每日邮报》报道,就在11月初实施更全面的全国封锁,并重新禁止两人以上的户外集会之前,内政大臣普里蒂·帕特尔“周末向警察局长通报了情况,告诉他们要执行这些规定”。这很难与长期以来警察独立的观念相一致,最著名的是布莱克本的名言。它很好地说明了在过去六个月左右的时间里,当我们考虑到抗议的话题及其监管方式时,我们所处的相当奇怪、未知的宪法水域。这篇论文试图勾勒出一些地形——如果水可以有地形?——并提供一些见解。它分为三个主要部分:概述各种冠状病毒条例中对“集会”的法律限制——包括游行、集会、示威、静坐和占领等大规模的、有组织的抗议活动,然后对这些规则进行批评,然后讨论一些关键的警务方面。这引起了对一个错位焦点的直接观察:“抗议作为一种社会政治活动,需要对小规模和日常的欣赏和理解,改写E.P.汤普森(E.P. Thompson)的话,是一种自下而上的抗议。”尽管如此,让我们考虑一下法律是如何对待今年的大规模抗议的。
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引用次数: 2
期刊
King's law journal : KLJ
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