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The emergence of reflexive global labour law

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  • Rogowski, Ralf

Abstract

The article introduces the main tenets of reflexive labour law and uses this perspective to interpret core trends in global labour law. It suggests a conceptual distinction between international and global labour law and identifies a transformation in the global labour law regime related to processes of reflexivity and constitutionalisation. The first part of the article analyses reflexivity within the International Labour Organization (ILO) in relation to its policy of defining labour standards as human rights. It interprets the increasing attention given to soft law in the ILO as a reflexive response to the globalisation of labour law outside the confines of the nation state. The core reflexive law concept of regulation of self-regulation is applied to analyse a key source of global labour law, namely codes of conduct regulating corporate citizenship and corporate social responsibility programmes in multinational companies. In the final section, the article argues that global labour law is emerging as a separate regime in the world society and comments on constitutionalisation as a key process in the emerging regime of global labour law.

Suggested Citation

  • Rogowski, Ralf, 2015. "The emergence of reflexive global labour law," Industrielle Beziehungen - Zeitschrift fuer Arbeit, Organisation und Management - The German Journal of Industrial Relations, Rainer Hampp Verlag, vol. 22(1), pages 72-90.
  • Handle: RePEc:rai:indbez:doi:10.1688/indb-2015-01-rogowski
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    More about this item

    Keywords

    European Court of Justice; global labour law; reflexive labour law; codes of conduct corporate social responsibility; corporate citizenship;
    All these keywords.

    JEL classification:

    • G34 - Financial Economics - - Corporate Finance and Governance - - - Mergers; Acquisitions; Restructuring; Corporate Governance
    • J80 - Labor and Demographic Economics - - Labor Standards - - - General
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • M14 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Business Administration - - - Corporate Culture; Diversity; Social Responsibility

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