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Review Essay / Recension critique
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BlackettAdelleReview Essay / Recension critique, Global Justice and International Labour Rights (Cambridge: Cambridge University Press, 2016).
Published online by Cambridge University Press: 05 September 2018
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- Type
- Review Essay / Recension critique
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- Canadian Journal of Law and Society / La Revue Canadienne Droit et Société , Volume 33 , Issue 2: Vers un droit du travail décolonisé : Contributions au droit transnational du travail en émergence / Decolonizing Labour Law: Contributions to an Emergent Transnational Labour Law , August 2018 , pp. 281 - 289
- Copyright
- Copyright © Canadian Law and Society Association / Association Canadienne Droit et Société 2018
References
1 Dahan, Yossi, Lerner, Hanna, and Milman-Sivan, Faina, “Global Labour Rights as Duties of Justice,” in Global Justice and International Labour Rights, ed. Dahan, Yossa, Lerner, Hanna, and Miman-Sivan, Faina (Cambridge: Cambridge University Press, 2016), 63CrossRefGoogle Scholar (citing Hugo Sinzheimer as cited in Kohler, Thomas C., “The Disintegration of Labor Law: Some Notes for a Comparative Study of Legal Transformation,” Notre Dame Law Review 73 (1998): 1322).Google Scholar
2 Ibid., 65.
3 One might have wondered, given the title, whether the book would turn in part on the distinction between “international labour rights” and “international labour law” or “international labour standards.” But the turn to rights discourse is not central to this book, which roots the global justice claim in labour connection and responsibility. For a recent, sustained critique of the turn to “rights,” see D’Souza, Radha, What’s Wrong with Rights? Social Movements, Law and Liberal Imaginations (London: Pluto Press, 2018).CrossRefGoogle Scholar
4 Ronzoni, Miriam, “Global Labour Injustice: A Critical Overview,” in Global Justice.Google Scholar
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8 I sense a disconnect in Young’s posthumously published book with her attentiveness to deliberative democracy and the participation of historically disadvantaged groups in framing their own concerns in her earlier publications, Justice and the Politics of Difference as well as Inclusion and Democracy. Responsibility for Justice seems to offer stark, decontextualized pronouncements on why reparations are not owed for historical wrongs like slavery. Barry and Macdonald do not address that issue but grapple closely with some core assumptions in Responsibility for Justice, as well as with potential shortcomings to the social connections frame.
9 Boustany, Katia and Halde, Normand, “Mondialisation et mutations normatives : quelques réflexions en droit international,” in Mondialisation des échanges et fonctions de l’état, ed. Crépeau, François (Brussels: Bruylant, 1997), 37.Google Scholar
10 Barry, Christian and Macdonald, Kate, “How Should We Conceive of Individual Consumer Responsibility to Address Labour Injustices?” in Global Justice, 117.Google Scholar
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19 See e.g. Mégret, Frédéric, “Transnational Mobility, the International Law of Aliens, and the Origins of Global Migration Law,” American Journal of International Law Unbound, 14 (January 2017): 14Google Scholar (recalling that up until at least the middle of the 20th century, “a number of international lawyers, notably those operating through the Institut de droit international (IDI), advocated vigorously for a presumptive right to migrate” and if a prerogative existed, Mégret argues that it had to be weighed against another principle, namely that “humanity and justice require states to exercise that right whilst respecting, in ways that are compatible with their own security, the rights and liberties of aliens who seek to enter their territory, or who already find themselves there.”).
20 Amin, Samir, “Africa: Living on the Fringe,” Monthly Review 53, no. 10 (2002): 41.CrossRefGoogle Scholar
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22 Milanovic, Branko, Global Inequality: A New Approach for the Age of Globalization (Cambridge, MA: Harvard University Press, 2016);CrossRefGoogle Scholar Piketty, Thomas, Capital in the 21st Century (Cambridge, MA: Harvard University Press, 2014).Google Scholar
23 Therborn, Göran, “Dynamics of Inequality,” New Left Review 103, January-February (2017): 9.Google Scholar
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25 Milanovic, Global Inequality, 128–129 (invoking but insufficiently theorizing Franz Fanon; Milanovic’s analysis of postcolonial Africa is similarly laconic).Google Scholar
26 Therborn, “Dynamics of Inequality,” 17–19. Their critique of each other’s approaches to inequality is beyond the scope of this review. This literature needs to engage closely with the literature on racial capitalism. See n. 16.
27 Ronzoni, , “Global Labour Injustice: A Critical Overview,” in Global Justice, 29.Google Scholar
28 Gould, Carol C., “Democratic management and international labour rights,” in Global Justice, 266.Google Scholar
29 Unger, Roberto, Free Trade Reimagined: The World Division of Labor and the Method of Economics (Princeton: Princeton University Press, 2010), 45.Google Scholar (“Of all the traits we habitually associate with the present existence of states as the natural setting of trade, none stands in greater apparent tension with the impulses that are supposed to justify market-based exchange in general and free trade in particular… than the limitation of the right of labor to cross national boundaries.”) Unger adds that the restraint on transnational labour mobility is not inherent to the existence of states.
30 Milanovic, , Global Inequality, 152–154, 139;Google Scholar Hepple, Bob, Labour Laws and Global Trade (Oxford: Hart Publishing, 2005) 5.Google Scholar
31 See World Bank, Workers in an Integrating World, World Development Report 1995.Google Scholar
32 Knox, Robert, “Law, Neoliberalism and the Constitution of Political Subjectivity: The Case of Organised Labour,” in Neoliberal Legality: Understanding the Role of Law in the Neoliberal Project, ed. Brabazon, Honor (London: Routledge, 2017), Chapter 5.Google Scholar
33 Milanovic, Global Inequality, 86.
34 Therborn, “Dynamics of Inequality,” 7.
35 Rodrik, Dani, Straight Talk on Trade: Ideas for a Sane World Economy (Princeton University Press, 2018), 210–211.CrossRefGoogle Scholar (Rodrik states plainly in his preface that the “reluctance to be honest about trade has cost economists their credibility with the public.” At xi). Rodrik also offers a careful discussion of the difficulties posed by free capital mobility, at 217–218. See also de Mestral, Armand, ed., Second Thoughts: Investor-State Arbitration between Developed Democracies (Montreal and Kingston: McGill-Queen’s University Press & CIGI, 2017).Google Scholar
36 Dahan, Lerner, and Milman-Sivan, Global justice, 174.
37 Streek, Wolfgang, How Will Capitalism End? Essays on a Failing System (Brooklyn: Verso Books, 2016).Google Scholar
38 Ronzoni, “Global Labour Injustice,” in Global Justice, 46.
39 Ibid., 47.
40 Beckert, Sven, Empire of Cotton: A Global History (New York: Knopf, 2014).Google Scholar
41 Konings, Martijn, The Emotional Logic of Capitalism: What Progressives Have Missed (Palo Alto: Stanford University Press, 2015).Google Scholar
42 Fraser, Nancy, Scales of Justice: Reimagining Political Space in a Globalizing World (New York: Columbia University Press, 2009).Google Scholar
43 Blackett, Adelle, “Transnational Futures of International Labour Law” in Oxford Handbook of Transnational Law, ed. Zumbansen, Peer (forthcoming).Google Scholar
44 WT/DS399/AB/R. Decision given on September 5, 2011.
45 C-113/89 Rush Portuguesa [1990] ECR I-1417.
46 C-346/06 Rüffert [2008] ECR I-1989 (second Chamber).
47 Fudge, Judy and Mundlak, Guy, “Justice in a globalizing world,” in Global Justice, 124.Google Scholar
48 Corden, W. M., The Theory of Protection (Oxford: Clarendon Press, 1971).Google Scholar
49 Butler, Judith, “Trump is emancipating unbridled hatred,” Zeit Online, October 2016. http://www.zeit.de/kultur/2016-10/judith-butler-donald-trump-populism-interviewGoogle Scholar
50 I discuss this further in Adelle Blackett, “‘This is Hallowed Ground’: Canada and International Labour Law” (2018) CIGI Reflections Series Paper no. 22, available online.