Labor Law Beyond Borders: ADR and the Internationalization of Labor Dispute Settlement
This sixth volume of the Peace Palace Papers reproduces the presentations delivered at the Permanent Court of Arbitration¿s International Law Seminar ¿Labor Law beyond Borders: ADR and the Internationalization of Labor Disputes Settlement.¿
Labor and employment issues at the international level often evoke heated emotions, which tend to darken the bright horizon of globalization propounded by advocates of unrestricted economic development. It is essential to find a balance between core labor rights and labor market flexibility, as both are necessary ingredients for healthy economic and social development. One important tool in promoting the amicable development of these interests is effective dispute resolution.
The illustrious Seminar panelists whose papers appear here explored a range of questions vital to the current dialog on the use of alternative dispute resolution methods in international labor law. For instance, how can individuals gain access to enforcement mechanisms to vindicate their labor rights? Will several recently concluded state-to-state labor cooperation agreements make a real difference in trade and employment negotiations in those countries, or will the observance of ILO Conventions in developing countries, or should the dispute resolution provisions in such agreements be strengthened by the inclusion of compulsory procedures?
The papers in this volume examine these and a range of other important issues. The authors¿ illuminating critiques and suggestions for the improvement of current dispute resolution schemes, or the design of new ones, point the way forward to a strong and egalitarian international labor law so necessary now in humanity¿s era of economic globalization.
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List of Journal Abbreviations, Introduction Tjaco T. van den Hout, Keynote Address Cherie Booth, Mapping International Labor Disputes: An Overview Bob Hepple, Internationalization of Labor Disputes: Can ADR Mechanisms Help? Theodore J. St. Antoine, The Significance of International Labor Norms for the Settlement of Cross-Border Disputes Lammy Betten, Labor Relations and International Labor Rights: The Role of Private Labor Rights Initiatives Auret van Heerden & John Salem Shubash II, The Advantages and Disadvantages and the Potential Usefulness of Alternative Dispute Resolution of Interstate Labor Disputes J. Christopher Thomas, ADR and the Settlement of International Labor Disputes: A Proposal for Conciliation through the Permanent Court of Arbitration Arnold Zack, Possible Role of Optional Rules for Arbitration and/or Conciliation of Labor Disputes: Problems and Pitfalls Karon Monagham,Core Labor Rights and Labor Market Flexibility: Two Paths Entwines? Kerry Rittich, Concluding Remarks Julie Quinn, Labor Law Beyond Borders: General Observations for the Permanent Court of Arbitration Arnold Zack