International and European Protection of the Right to Strike

International and European Protection of the Right to Strike : A Comparative Study of Standards Set by the International Labour Organization, the Council of Europe and the European Union

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Description

In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of 'good governance' and 'democratic participation' at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions.

Critics of domestic labour legislation tend to appeal to international and European standards, chiefly those promulgated by the International Labour Organisation (ILO), the Council of Europe and the European Union (EU). All these organisations acknowledge the importance of a right to strike, but they differ in the manner in which the right is defined and protected. This book suggests that this is because each organisation adopts a distinctive view of the appropriate justificatory basis of this
entitlement.


This work also addresses current enthusiasm for reforming the governance of international and European organisations which would bolster their legitimacy. It is suggested that, despite the entrenched structures and cultural norms of each institution, such a process of reform could lead to greater consistency of standards relating to the right to strike. A crucial question for workers, in the light of these developments, is whether there will be a 'levelling up' of rights or diminishing
protection for those who organise or participate in industrial action. This book ends by considering the current responses of the ILO, the Council of Europe and the EU to these forces for change.
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Product details

  • Hardback | 458 pages
  • 163 x 241 x 30mm | 800g
  • Oxford, United Kingdom
  • English
  • New
  • 0198298544
  • 9780198298540

Table of contents

1. Why Investigate Protection Of The Right To Strike? ; 2. Reasons For Legal Protection And Restriction Of Strikes ; 3. Inclusion Of The Right To Strike In International Instruments ; 4. The Ability Of Supervisory Bodies To Initiate Protection Of A Right To Strike ; 5. Jurisprudence Relating To The Scope Of The Right To Strike ; 6. Past Sources Of Divergence And Prospects For Future Developments
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Review quote

... a splendid contribution to a rapidly evolving body of literature in the legal field on the right to strike under international and European law. * Industrial Law Journal * Tonia Novitz's book, apart from the fresh analytical insights it offers on a topic of ever increasing importance, is a superlative reference work for those seeking an integrated picture of the legal treatment of strikes at the European and international levels. * Industrial Law Journal * Novitz's fine work will make an essential resource for student, practitioner, academic or policy maker ... it makes an excellent contribution to the literature on international law relating to protection of the right to strike. * Australian Journal of Labour Law *
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About Tonia Novitz

Tonia Novitz graduated from University of Canterbury, New Zealand, with first class honours and was awarded the Canterbury Law Society Gold Medal in Law (1990). Admitted as a Barrister and Solicitor of the High Court of NZ (1991). Recipient of a Dervorguilla Scholarship at Balliol College, Oxford, while reading for the BCL (1992-4). Recipient of a Kulkes Grant from Balliol College, Oxford, while commencing work on the DPhil from (1994 -6). Lecturer in Law at
University of Bristol (1996- present). Teaching interests include Employment Law, European Social Policy, International Human Rights and Jurisprudence. Visiting fellow at the International Institute for Labour Studies, attached to the International Labour Organisation in Geneva (1999). Jean Monnet Fellow and
subsequently Marie Curie Fellow in the Robert Schuman Centre for Advanced Studies at the European University Institute, Florence (2001-2).
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