Regulating Labour in the Wake of Globalisation: New Challenges, New Institutions (Columbia-London Law Series) [Hardcover]

Cynthia Estlund (Editor), Brian Bercusson (Editor)

Book Description

ISBN-10: 1841137669 | ISBN-13: 978-1841137667 | Publication Date: January 10, 2008

In recent decades, the prevailing response to the problem of unacceptable labor market outcomes in both Europe and North America — national regulation of labor standards and labor relations, coupled with collective bargaining — has come under increasing pressure from the economic and technological forces associated with globalization. As those forces have shifted power away from national governments and labor union and toward capital, the appropriate institutional locus of labor regulation has become hotly contested. There have been efforts to move the locus of regulation downward to smaller units of governance, including firms themselves, upward to larger units such as regional federations and international organizations, and outward to non-governmental organizations and civil society. In this volume, labor relations scholars from North America and Europe examine the efficacy of these emerging forms of labor regulation, their democratic legitimacy, the goals and values underlying them, and the appropriate direction of reform.

Editorial Reviews

Review

...what this truly fascinating collection shows is the results of a wholly effective and successful collaboration between highly respected scholars from North America and Europe in the field of labour law and regulation. The valuable comparative insights are inescapable and persuasive...This book is highly recommended reading for anyone involved or interested in the field of labour/employment law. It may, might I be so bold as to venture, even change your mind on how the workplace, globally, nationally or locally, should be regulated...What this extremely useful volume does is start progress on the long path towards seeking legitimacy and values for standards-setting and dialogue in the workplace in the wake of the unceasing tide of globalisation. A great testament to Bercusson's legacy to labour law.Stephen HardyKing's Law JournalVol 19, Issue 3, 2008...Firstly, it brings together two large groups of experts from both sides of the Atlantic, each with its respective intellectual tradition, analytical style and legal culture permeating every page of this book. Secondly, it provides a vivid and topical contextual snapshot of the struggles and challenges faced by contemporary societies in their quest to adapt to this ever-changing ' brave new world ' we live inNicola CountourisIndustrial Law JournalVol. 37, No. 3, September 2008Bercussson and Estlund's book is mostly superior to other publications addressing similar subject matter...Overall, the volume paints a detailed portrait of the cutting edge of public policy research about labor market management...Bercusson and Estland's is an important work...I have no hesitation in praising the book's substance. If you want to develop a sophisticated appreciation of labor market management options in the modern world and, at the same time, receive a re-education about labor-market institutions, Bercusson and Estland's new publication should not be ignored.Anthony M GouldRelations Industrielles/Industrial RelationsVol 63, No 4

About the Author

Cynthia Estlund is Catherine A. Rein Professor of Law at New York University Law School.Brian Bercusson, who died in 2008, was Professor of European Social Law at King's College, London

Product Details

• Hardcover: 281 pages
• Publisher: Hart Publishing (January 10, 2008)
• Language: English
• ISBN-10: 1841137669
• ISBN-13: 978-1841137667
• Product Dimensions: 9.2 x 6.3 x 1 inches
• Shipping Weight: 1.3 pounds (View shipping rates and policies)
• Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #3,005,191 in Books (See Top 100 in Books)
  • #67 in Books > Law > English Law > Employment

Customer Reviews

Most Helpful Customer Reviews

4.0 out of 5 stars A key contribution to scholarship on the employment relations consequences of a borderless economy, November 25, 2009

By 

Anthony M. Gould - See all my reviews
(REAL NAME)   

This review is from: Regulating Labour in the Wake of Globalisation: New Challenges, New Institutions (Columbia-London Law Series) (Hardcover)

As its name suggests, this publication addresses labour market and employment regulation in an era when the nation-state has diminished influence and long standing conceptions of institutional industrial relations may be less relevant. The book is a collection of 12 essays written by scholars who take different perspectives. It has chapters exploring: how globalisation has potential to render labor market operation more similar to the functioning of other kinds of markets; the ways self-regulation may serve as an alternative to state-intervention; the industrial-age origins of the social contract and the concerns of those who originally sort to replace feudal notions of work with modern ideas about the performance of large scale capitalist market economies, employee management and worker rights; and, what can be done about contemporary threats to unions. The book mostly discusses its subject matter in the European and North American contexts. Consequently much of its content is set against the backdrop of influences such as the North American Free Trade Agreement (NAFTA), the European Union (EU) and a 20 to 30 year public policy trend of economic and financial deregulation. The concern of each chapter is either implied or stated to be less-skilled workers and job-seekers in Western countries. Authors often include consideration of emerging informal, part-time and casual sectors of the labour market.

Bercussson and Estlund's book is mostly superior to other publications addressing similar subject matter (or at least the ones I am familiar with). In its own way, each of its essays is excellent. Each also belongs in the volume; taking a strategic perspective on the same objective of analysis. In this sense, the book integrates its ideas around the theme that, without external intervention, labour markets in the modern era may be characterised as "rushing towards a rising bottom." Although I thought a little more explanation of this conception would have been helpful, I mostly understood it to be somewhat akin to an averaging effect whereby workers in poorer countries receive better wages and conditions at the expense of their richer Western counterparts.

The book has three key strengths. First, despite its authors generally being concerned about those who may experience labour market disadvantage, essays do not become bogged down with institutional affiliations. This gives the work an innovative and creative dimension; and makes it especially relevant to the first decade of the 21st century. For example; in chapters 10 and 11 there are thoughtful discussions of alternatives to unions. In these, the advocacy and representative functions of organised labour are dissected from orthodox ideas about structure. The result is a lively exploration of options for achieving employee voice. These discussions are sensitive to contemporary influences such as demographic changes and technological advancement.

A second attractive feature of the book is the willingness of its authors to put a new spin on phenomena which are normally seen as matters about which we all agree. A good example of such iconoclasm is found in Chapter 4 where the origins and significance of the industrial revolution are discussed. Here a strong case is made that the industrial revolution is somewhat more complex than it is often perceived to be. Specifically, it is convincingly argued that the modern notion of the employment contract is not really a response to or consequence of widespread industrialisation in the mid-1700s but rather came much later, perhaps as late as the early 20th century. From this premise theories are presented which challenge orthodoxy about the origins of labor law in various European countries. The upshot of this discussion is a compelling critique of the proposition that nations which rely heavily on common-law have an emphasis on market-mediated regulation and those which rely mostly on civil law emphasise state-intervention.

A third advantage of the book is its tight integration. Each chapter has something to say about labour market regulation and, mostly, good rationale is given or implied for inclusion of material. Overall, the volume paints a detailed portrait of the cutting edge of public policy research about labor market management. Another aspect of the book's tight integration is the sympathies of authors. Despite their disparate professional backgrounds, they appear concerned with protecting and enhancing the conditions, rights and living standards of potential victims of globalisation.

One element of the book that I found disappointing is the way it uses language. Sometimes, I thought that explanations were unduly complex and verbose. In this vein, I had a few problems with the style of some of the chapters. In certain cases it took me a while to appreciate the argument(s) and, in particular, understand how points were relevant to labor market regulation. However, ultimately I was convinced that each had something important to say about the primary object of analysis.

Another criticism I have of the book concerns the "rush towards a rising bottom" argument. On page four two statements are made which I found curious: "There is evidence of economic gains in those countries to which production ifs flowing...." and "There must be a better way of improving the living standards of the developing world without impoverishing the workers of the developed world". This discussion raised my expectations that I might find a breakthrough about this issue and I spent the rest of the book looking for this "better way." My search was somewhat in vain. Although I gained insight about the subject matter and had some of my assumptions challenged, I did not believe that I got to the heart of "the better way".

Bercusson and Estland's is an important work. My criticisms of it mostly address matters of style. On the other hand, I have no hesitation in praising the book's substance. If you want to develop a sophisticated appreciation of labor market management options in the modern world and, at the same time, receive a re-education about labor-market institutions, Bercusson and Estland's new publication should not be ignored.

Anthony M Gould PhD
Professor of Industrial Relations
Laval University
Quebec City
CANADA


This review appears in Relations Industrielles / Industrial Relations volume 63(4) 2008