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The right to strike in international law / by Jeffrey Vogt [and 6 others].

By: Vogt, Jeffrey [author ]Contributor(s): Bellace, Janice [author] | Compa, Lance [author] | Ewing, KD [author] | Hendy QC, John [author] | Lorcher, Klaus [author] | Novitz, Tonia [author]Material type: Computer fileComputer fileLanguage: English Publication details: Oxford ; New York : Hart Publishing, 2020 Description: 1 online resource (267, pages) : color illustrationsContent type: text Media type: computer Carrier type: online resourceISBN: 9781509933563 (e-book)Subject(s): Right to strike | Strikes and lockouts -- Law and legislation | Labor laws and legislation InternationalLOC classification: K1744 | V86 2020Online resources: Click here to read Full-Text E-Book | Log-in to the website is required to read this e-book. Click here to request access.
Contents:
1. Understanding the international labour organization (ILO) -- 2. The Ill founded challenge to the right to strike in 2012 -- 3. The ILO committee of experts has a mandate to 'interpret' ILO conventions, not the constituents -- 4. The rules of interpretation : the Vienna convention on the law -- 5. The ordinary meaning of convention 87 supports the existence of a right to strike -- 6. The object and purpose of convention 87 supports the existence of a right to strike -- 7. The subsequent agreement and practice between the parties concerning convention 87 supports the existence of a right to strike : ILO jurisprudence -- 8. The subsequent agreement and practice between the parties concerning convention 87 supports the existence of a right to strike : beyond the ILO -- 9. Other methods under article 31 of the Vienna convention on the law of treaties (VCLT) Support the existence of the right to strike -- 10. Though unwarranted, article 32 of the Vienna convention on the law of treaties (VCLT) also supports the existence of the right to strike -- 11. The right to strike is recognised as customary international law -- 12. Settling the dispute : the international court of justice? -- 13. The aftermath -- 14. Conclusion
Summary: This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association. The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right. The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law indeed, the authors demonstrate that it has attained the status of customary international law.
List(s) this item appears in: New Online E-Books 2021 (as of Nov)
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Holdings
Item type Current library Collection Call number Materials specified Status Notes Date due Barcode
Online E-Books Online E-Books Ladislao N. Diwa Memorial Library
Non-fiction OEBP K1744 V86 2020 (Browse shelf(Opens below)) Available OEBP000165 OEBP000165
Compact Discs Compact Discs Ladislao N. Diwa Memorial Library
Multimedia Section
Non-fiction EB K1744 V86 2020 (Browse shelf(Opens below)) Room use only CD0000918 CD0000918

https://portal.igpublish.com/iglibrary/obj/HARTB0001626?searchid=16360085844191_rddfNooW1T9xAZkwyxR

Include bibliographical references and index

1. Understanding the international labour organization (ILO) -- 2. The Ill founded challenge to the right to strike in 2012 -- 3. The ILO committee of experts has a mandate to 'interpret' ILO conventions, not the constituents -- 4. The rules of interpretation : the Vienna convention on the law -- 5. The ordinary meaning of convention 87 supports the existence of a right to strike -- 6. The object and purpose of convention 87 supports the existence of a right to strike -- 7. The subsequent agreement and practice between the parties concerning convention 87 supports the existence of a right to strike : ILO jurisprudence -- 8. The subsequent agreement and practice between the parties concerning convention 87 supports the existence of a right to strike : beyond the ILO -- 9. Other methods under article 31 of the Vienna convention on the law of treaties (VCLT) Support the existence of the right to strike -- 10. Though unwarranted, article 32 of the Vienna convention on the law of treaties (VCLT) also supports the existence of the right to strike -- 11. The right to strike is recognised as customary international law -- 12. Settling the dispute : the international court of justice? -- 13. The aftermath -- 14. Conclusion

This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association.

The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right.

The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law
indeed, the authors demonstrate that it has attained the status of customary international law.

Fund 164 CE-Logic, Inc. Purchased March 2, 2021 OEBP000165 P. Roderno PHP 13,718.00
2021-03-110 7813 to 7820

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