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The Right to Strike Reimagined

1. Introduction: The Need for Imagination, Jeffrey Vogt (Solidarity Center, USA), Tonia Novitz (University of Bristol, UK) and Judy Fudge (McMaster University, Canada) 2. Justifications for a Contemporary Right to Strike, Katherine Fitzpatrick and Tonia Novitz (University of Bristol, UK) with Femi Aborisade (Abope Chambers, Nigeria) and Christian Gonzalez Chacon (Georgetown University, USA) 3. Access to the Right to Strike through the Employment Relationship and its Problems, Nicola Countouris (University College London, UK) and Ricardo Buendia Esteban (University of Manchester, UK) 4. Expanding the Right to Strike to Include Informal and Precarious Workers, Aelim Yun (Institute of Workers' Rights, Korea) with Monika Mehta (Solidarity Center, USA), Kamala Sankaran (National Law School of India University, India) and Marlese von Broembsen (University of the Western Cape, South Africa) 5. The Scope for Solidarity Action, Judy Fudge (McMaster University, Canada) with Femi Aborisade (Abope Chambers, Nigeria), Sergio Gamonal C. (Universidad Adolfo Ibáñez, Chile), Christian Gonzalez Chacon (Georgetown University, USA) and Eric Tucker (Osgoode Hall Law School, Canada) 6. Reimagining Strike Law for Supply Chain Capitalism, Judy Fudge (McMaster University, Canada) with Femi Aborisade (Abope Chambers, Nigeria), June Namgoong (Korean Labour Institute, Korea), Kamala Sankaran (National Law School of India University, India), Hila Shamir (Tel-Aviv University Faculty of Law, Israel) and Marlese von Broembsen (University of the Western Cape, South Africa) 7. Democratic Aims and the Right to Strike as Protest, Tonia Novitz and Katherine Fitzpatrick (University of Bristol, UK) with Femi Aborisade (Abope Chambers, Nigeria), Sergio Gamonal C. (Universidad Adolfo Ibáñez, Chile) and Christian Gonzalez Chacon (Georgetown University, USA) 8. The Climate Crisis and the Right to Strike, Jeffrey Vogt (Solidarity Center, USA) with Ruwan Subasinghe (International Transport Workers Federation, UK) 9. The Scope of Legitimate Limitations: Which Harms Should Act as Constraints, Why and How?, Tonia Novitz and Katherine Fitzpatrick (University of Bristol, UK) with Femi Aborisade (Abope Chambers, Nigeria), Christian Gonzalez Chacon (Georgetown University, USA) and Shae McCrystal (University of Sydney Law School, Australia) 10. Strategic Litigation and Political Lobbying: Antidotes to Declining Worker Power? Manoj Dias-Abey (University of Bristol, UK) and Anthony Forsyth (Australian Council of Trade Unions, Australia) with Femi Aborisade (Abope Chambers, Nigeria) and Sergio Gamonal C. (Universidad Adolfo Ibáñez, Chile) 11. The Global Role of the International Labor Organization: What Future for a Reimagined Right to Strike?, Jeffrey Vogt (Solidarity Center, USA) with James Brudney (Fordham University School of Law, USA) 12. Conclusions and Recommendations, Jeffrey Vogt (Solidarity Center, USA), Tonia Novitz (University of Bristol, UK) and Judy Fudge (McMaster University, Canada)

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

The Case of India

Realizing the Right to Water and Sanitation at the International and National Levels

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

This book brings to light a neglected program of cosmopolitan normativity in international law – innate cosmopolitanism – that holds special significance in this time of competing efforts to define and direct an expanding global public order. Beginning from an intentionally broad use of the term cosmopolitan, derived from etymological roots in the cosmo-polis, Geoff Gordon draws out the main streams of thought associated with cosmopolitanism over time in discourses of international law and politics. The two best-recognized are liberal cosmopolitanism and constitutional cosmopolitanism. And, In addition to these, he introduces a third: innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is more central to the historical narrative of international law than either liberal or constitutional cosmopolitanism. It is, he argues, is the leitmotif of international law. Clarifying, consolidating – and critiquing – cosmopolitan thought, the book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique. It will be of huge interest to specialists and students of international law and politics, and especially those concerned with ideas and theories of global order or international society.

The immanent collective in international law

Innate Cosmopolitanism

Multilateral environmental agreements have over the last four decades emerged as the preferred avenue to address inter-state environmental issues such as climate change. This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement - and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements. Also emphasised is the impact of emerging economies in shaping international environmental regimes.

Multilateralism has been increasingly accepted as the modus operandi in world politics, and in global environmental politics in particular. International environmental law in the form of multilateral environmental agreements has over the last four decades emerged as the preferred avenue to address inter-state environmental issues that either cross state boundaries, materialize beyond national jurisdictions or are of genuinely global nature such as climate change.This book analyses the possibilities as well as the limitations of environmental treaty making between states. The book considers the structures and processes that lead to the successful adoption of the Paris Agreement – and contrasting them with other attempts that failed in bringing states together under a legally-binding solution. Christina Voigt explores the whole "life-cycle" of multilateral environmental agreements, from diplomatic exchanges, to treaty negotiations, to analyses of the treaty text, non-compliance mechanisms and finally to recourse to courts. It also emphasises the strong impact of the sovereign powers of emerging economies such as China and Brazil on the shaping of international environmental regimes.

Environmental Multilateralism and its Discontents

This open access book assesses whether European data regulation can be amended in light of contemporary technological developments. In an era when data powers our daily lives, economies and societies, data regulation is essential. However, European data regulation is still premised on concepts and foundations that were developed more than 50 years ago. The book offers an in-depth exploration of the European data regulatory landscape, from its historical roots to the challenges posed by new technological advancements. Through a detailed legal and technical analysis, it explores key data categories - such as anonymised, pseudonymised, aggregated, sensitive data, and metadata - highlighting their fluid and changing nature and the growing possibilities for transitioning between them. By identifying regulatory tensions and challenges arising from various technologies, such as AI, Big Data, and quantum computing, the book offers policymakers, legal scholars, computer scientists and data protection experts different perspectives on how to reshape future privacy and data protection legislation in a rapidly advancing technological world. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

The Past, Present, and Future of European Data Regulation

Karl Brunner Distinguished Lecture Series

Strategic lessons for monetary policy from the last two tumultuous decades based on insights from Sun Tzu, the Chinese philosopher and author of The Art of War. When central banks were forced to innovate and develop a multifaceted set of new weapons in response to the 2008 global financial crisis and 2020 COVID-19 pandemic, the result was a substantial expansion in their authority and reach. In The Art of Monetary Policy, Kristin Forbes draws lessons for monetary policy of the last two decades from the principles of Sun Tzu, the author of The Art of War, a Chinese philosopher and military strategist from the fifth century BC. Tzu proposed several key principles for success—tenets that apply to monetary policy and the battlefield today: (1) plan in advance for the next battle; (2) accept and adapt to the inevitability of powerful, external shocks outside your control; (3) establish a strong tactical position; (4) develop a variety of weapons that can be combined for different maneuvers and situations; (5) maintain flexibility so that you can quickly modify your strategy; and (6) consider the longer-term costs when evaluating the trade-offs of different approaches. These principles provide insights into what central banks did (and did not) do well over the last two decades, as well as how they should deploy interest rates, balance sheets, emergency support programs, forward guidance, and macroprudential tools in the future. While the optimal strategy in both war and monetary policy is more of an “art” than a science, adopting these principles can improve our ability to battle the next crisis and build more resilient economies during peaceful periods.

Lessons from Sun Tzu for Central Banks

The Art of Monetary Policy

This book proposes a new solution to the problem of the migration crisis engulfing the world by creating safe harbours, or Free Global Cities. In the face of the largest displacement crisis on record even the most optimistic view of the future suggests that in the years ahead, more and more people will migrate in order to survive. The world requires places where refugees and other migrants forced to leave their homes have the opportunity to work, study, create, start businesses, and rebuild new lives for themselves and their families. Free Global Cities can deal with this growing global crisis in a completely new way. They are autonomous, self-governed subnational entities that provide a safe environment and rule of law that will create wealth and prosperity for its residents as well as for the nations hosting them. Such a model would contribute significantly to handle the largest migration crisis in history, which the world will be experiencing in the coming decades.

The Future Leaders in Migration and Public Governance

Free Global Cities

Become the Manager You Want to Be (And Others Need)

You’re the Boss

Exploring the Stories of Cultural Objects After Their Return

Beyond Restitution

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

Cohabitants and the European Court of Human Rights

Lloyd's Arbitration Law Library

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules.The book compares these five sets of rules by theme, addressing the role played by institutions; commencing the arbitration, formation and challenge of the Arbitral Tribunal; expedited and emergency procedures; conduct of the arbitration; powers of the tribunal; awards and orders; costs; and conduct and ethics. Each chapter contains a critique and commentary on the approach adopted by each institution, addressing the limitations of each set of rules whilst offering drafting tips and practical guidance for users and practitioners. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

A comparative guide

International Arbitration Rules

Rules of the Game

Sports Law and Society

The Right to Strike Reimagined

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