Gotowe bibliografie tematyczne / Compulsory State arbitration

Gotowa bibliografia na temat „Compulsory State arbitration”

Autor: Grafiati

Data publikacji: 4 czerwca 2021

Data aktualizacji: 12 lutego 2022

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Artykuły w czasopismach na temat "Compulsory State arbitration"

Frances, Raelene, Stuart Macintyre i Richard Mitchell. "Foundations of Arbitration: The Origins and Effects of State Compulsory Arbitration 1890-1914". Labour History, nr 59 (1990): 117. http://dx.doi.org/10.2307/27509026.

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Tucker, Andrew E. L. "The Energy Charter Treaty and ‘Compulsory’ International State/Investor Arbitration". Leiden Journal of International Law 11, nr 3 (wrzesień 1998): 513–26. http://dx.doi.org/10.1017/s0922156598000375.

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The Energy Charter Treaty came into force on 16 April 1998. The Treaty contains far-reaching provisions on trade and investment liberalisation within the energy sectors of 49 signatory states. The Treaty arguably offers a basis for multilateral agreement on micro-economic reform of the energy sectors. Some of the most significant initiatives contained in the treaty are the provisions for resolution of disputes. This article examines in detail the provisions dealing with arbitration of disputes between investors and states. These mechanisms build on models developed in other recent multilateral investment treaties. The limitations and potential offered by these provisions are discussed and some conclusions drawn.

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Plowman, David H. "Employers and Compulsory Arbitration: The Higgins Era 1907-1920". Journal of Industrial Relations 28, nr 4 (grudzień 1986): 588–609. http://dx.doi.org/10.1177/002218568602800407.

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In the aftermath of the strikes of the 1890s all mainland states in Australia legislated for some form of tribunal regulation of wages and employment conditions. Employers were antagonistic towards these tribunals, in particular compulsory arbitration tribunals. This paper reviews employers' attempts to circumscribe, by legislative and judicial means, the role of the federal compulsory arbitration tribunal. Although successful in emasculating the New Protection panoply accompanying arbitration, after 1913 their High Court challenges merely opened up new areas for federal jurisdiction. Employers lobbied unsuccessfully for legislation that would make the federal tribunal less intrusive and more benign. They were forced, however, to work within the new regulatory framework. The period proved a formative one in which enduring principles of wage fxation and dispute settlement were evolved, and the basis for the division of jurisdiction between federal and state tribunals were established. The centripetal forces resulting in a greater centralization of basic and secondary wage determination, together with the emergent 'test case' approach to standard hours of work, forced employer associations to take a more national and less state-oriented approach to conditions of employment.

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Segal, Naomi. "Compulsory Arbitration and the Western Australian Gold-Mining Industry: A Re-Examination of the Inception of Compulsory Arbitration in Western Australia". International Review of Social History 47, nr 1 (kwiecień 2002): 59–100. http://dx.doi.org/10.1017/s0020859001000487.

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In 1900, Western Australia, a self-governing British colony, adopted compulsory conciliation and arbitration legislation, the first Australian colony to do so. This article focuses primarily on the roles the colonial state and capital played in the adoption of the legislation and proposes a broader, more complex explanation for the introduction of the legislation than current mainstream Western Australian historiography, which, mostly, constructed the event as an unproblematic regional labour triumph. This article argues that the legislation was passed to prevent disruption to gold mining, the industry driving the development of the colony, and to revive the flagging political fortunes of the colonial government. It asserts that the timing of the legislation pre-empted a more effective bill being introduced under conditions less favourable to capital. Organized labour, which, through its lobbying, had created consensus about the desirability of introducing the legislation, was unable to influence the shape of the legislation significantly.

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Reed, Lucy, i Robert Kirkness. "Old Seeland, New Netherland and New Zealand: Some Thoughts on the Possible "Discovery" of Investment Treaty Arbitration in New Zealand". Victoria University of Wellington Law Review 43, nr 4 (1.12.2012): 687. http://dx.doi.org/10.26686/vuwlr.v43i4.5015.

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New Zealand has to date enjoyed the luxury of engaging with the modern investment treaty regime through only three free-trade agreements with compulsory investor-State arbitration clauses. This may be about to change. New Zealand is negotiating a series of further free-trade agreements, including the Trans-Pacific Partnership Agreement, many of which are likely to provide for investor-State dispute resolution. New Zealand faces a choice in these negotiations: should it reject investment treaty arbitration on the basis that the risks, especially the perceived risks of restricted freedom to regulate, are too great or instead seek to make use of the opportunities investment treaty arbitration presents? This article looks at the evolving system of investment treaty arbitration and the different ways in which States seek to make use of it, with a focus on the Netherlands, the United States, and New Zealand.

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Goldfinch, Shaun, i Philippa Mein Smith. "Compulsory Arbitration and the Australasian Model of State Development: Policy Transfer, Learning, and Innovation". Journal of Policy History 18, nr 4 (2006): 419–45. http://dx.doi.org/10.1353/jph.2006.0012.

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Policymakers transfer knowledge about policies, ideas, and institutions between political systems, learning from one another in a process of policy learning; lesson drawing; diffusion; or policy transfer. As Dolowitz and Marsh observe: “While terminology and focus often vary … studies are concerned with the process by which knowledge about policies, administrative arrangements, institutions, and ideas in one political system (past or present) are used in the development of policies, administrative arrangements, institutions and ideas in another political system.” The literature on policy transfer has mainly addressed how policymakers glean potential lessons and use those experiences to devise reforms. It asks questions about why policy transfer occurs; who was involved; what was transferred; from where; the extent of the transfer; and how the process of transfer is “related to policy ‘success’ or ‘failure.’” Greener distinguishes this from policy learning, where policymakers make deliberate adjustments in response to experience or new information, and learning is evident when policy changes as a result of this process. Some scholars see policy transfer as a subset of policy learning, since these are often part of the same procedure. Oliver and Pemberton advance a model, for example, of how ideas are absorbed through learning, in which bureaucratic battles ensue to institutionalize a new policy, and reformers' success in securing support can be critical in determining the extent of policy learning and transfer.

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Reckendrees, Alfred. "Why Did German Early Industrial Capitalists Suggest Workers’ Pensions, Arbitration Boards and Minimum Wages?" Jahrbuch für Wirtschaftsgeschichte / Economic History Yearbook 61, nr 2 (25.11.2020): 351–76. http://dx.doi.org/10.1515/jbwg-2020-0015.

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AbstractToday at the beginning of the 21st century, there is a debate across Europe about how much welfare society should provide, and how much private insurance is possible. Two hundred years ago, in the formative period of industrial capitalism, social problems had long been left to private initiative. Commodification of labour and its concentration in large factories, however, created demand for social protection beyond the limited shelter provided by charity. Representatives of industry in Aachen suggested compulsory factory rules granting rights to workers, compulsory workers’ pension funds, minimum wages and maximum working hours. The article argues that the industrialists’ aim was to stabilize the social order of industrial capitalism by using ideas of social partnership. Labour should not just be pacified, but reconciled with capitalist society. While interpreting social policy as a capitalist aim, the article aims to contribute to the discussion about the origins of the welfare state.

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Hundley, Greg. "The Law and Union Membership in US State and Local Government". Journal of Industrial Relations 30, nr 2 (czerwiec 1988): 248–57. http://dx.doi.org/10.1177/002218568803000204.

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State and local government workers in the United States are covered by a wide variety of collective bargaining laws, thus providing a rare opportunity to analyse the effects of the law on union membership. Analysis of a large micro-data sample shows that several aspects of bargaining laws, particularly provisions relating to exclusive jurisdiction and union security, have a pronounced effect on the probability that a worker will be a union member. An individual covered by the right to strike is less likely to be a union member than an individual covered by a compulsory arbitration law. Estimates indicate that deregulation of an industrial relations system that provides incentivesfor unionism similar to those that exist in Australian policy would produce a dramatic decline in membership.

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Laugen, R. Todd. "Struggles for the Public Interest: Organized Labor and State Mediation in Postwar America". Journal of the Gilded Age and Progressive Era 4, nr 1 (styczeń 2005): 69–82. http://dx.doi.org/10.1017/s1537781400003662.

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In his 1906 Annual Message to Congress, President Theodore Roosevelt urged support for a bill to mandate the government investigation of labor disputes before allowing workers to strike. In an “age of great corporate and labor combinations,” the president insisted “the public has itself an interest which can not wisely be disregarded; an interest not merely of general convenience, for the question of a just and proper public policy must also be considered.” Congress at the time was unmoved. Yet Roosevelt's proposal signaled a growing movement to compel the investigation and arbitration of major labor conflicts. This movement peaked in the years soon after World War I. Advocates for government mediation insisted that an impartial commission of experts could peacefully negotiate workplace disputes and spare the consuming public the contests of will and force associated with major strikes. The Progressive Era arbitration of railroad and mining conflicts established important precedents and have received significant attention from scholars. National mediation boards, however, rarely assumed the power to order participation. Such efforts were more prominent at die state level. In 1915 Colorado legislators largely implemented Roosevelt's proposal, creating the first government board with powers to ban strikes and lockouts pending an investigation in industries affected with a public interest. Soon after the war, Kansas expanded upon the Colorado precedent with a compulsory arbitration board to regulate a host of indus-tries deemed essential to the public. Programs for state mediation of labor conflicts in the postwar period were particularly bound up with questions of compulsion in the public interest.

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Mouat, Jeremy. "Foundations of Arbitration: The Origins and Effects of State Compulsory Arbitration 1890–1914. Edited by Stuart Macintyre & Richard Mitchell Melbourne: Oxford University Press, 1989, 385 pp." Canadian journal of law and society 7, nr 2 (1992): 353–54. http://dx.doi.org/10.1017/s0829320100002647.

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Rozprawy doktorskie na temat "Compulsory State arbitration"

Cockfield, Sandra A., i n/a. "The Interaction of Industrial Tribunals and Workplace Industrial Relations in Australia: the Metal trades, 1900 to 1929". Griffith University. Griffith Business School, 1998. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20050914.170636.

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This thesis examines the influence of compulsory state arbitration and wages board systems on workplace industrial relations. Using an historical and comparative case study approach, the thesis researches workplace industrial relations at three firms operating in the metal industry between 1900 and 1929. A political economy perspective is employed to examine the interaction of institutional stnictures and economic and political processes in the regulation of the wage-effort bargain at the workplace. Key concepts are drawn from both mainstream industrial relations theory, in particular the Oxford School approach, and labour process theory. Drawing on the work of flanders, a distinction is made between the economic and political aspects of the wage-effort bargain through the differentiation of market relations and managerial relations. This thesis argues that arbitral and wages board systems interacted with a range of factors to shape and influence workplace industrial relations. In keeping with the political economy perspective, the thesis examines the economic, industry, technological, political, and institutional environment within which the three cases operated, identifying changes and trends in these factors during the period under review and their implications for workplace industrial relations. The three cases allowed a closer examination of the influence of these general trends on the development of workplace industrial relations. The cases demonstrate the diversity of the metals sector, each representing a different industry in that sector. Further, the cases differed in their geographic and jurisdictional location, allowing comparisons between Victoria and New South Wales to be made. An examination of the role of arbitral tribunals and wages boards argues that the tribunals used their ability to regulate and stabilise market relations to offset their intervention in managerial relations. In this respect the tribunals sought to engineer changes in managerial relations favourable to industry development and yet simultaneously obtain support from the unions through improvements in market relations. As a consequence of these conflicting objectives the tribunals often behaved in a contradictory manner. In addition, unintended consequences often flowed from tribunal regulation and were important in shaping events at the workplace. Thus while industrial tribunals sought to improve market relations, they inadvertently assisted workers to gain more influence over managerial relations. In each case the workplace was the site of much regulatory activity, whether initiated by management, unions or workers. However, the three cases each present a different pattern of workplace industrial relations in terms: of scope of regulation at the workplace; the role of unions; the nature of managerial strategy; the role of unions; and the implementation and enforcement of tribunals decisions. Moreover, the effect of arbitration and wages board systems at each workplace varied, with the influence of a particular matrix of industry, economic, technological and institutional conditions shaped at the workplace.

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Książki na temat "Compulsory State arbitration"

S, Zanan Arthur, red. Bisel's Pennsylvania compulsory arbitration lawsource: The collected federal, state, and county compulsory arbitration statutes and court rules. Philadelphia, Pa: G.T. Bisel, 1997.

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S, Zanan Arthur, Pennsylvania i George T. Bisel Company, red. Bisel's Pennsylvania compulsory arbitration lawsource: The collected federal, state, and county compulsory arbitration statutes and court rules. Wyd. 2. Philadelphia, Pa: G.T. Bisel, 1998.

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1947-, Macintyre Stuart, i Mitchell Richard 1946-, red. Foundations of arbitration: The origins and effects of state compulsory arbitration, 1890-1914. Melbourne: Oxford University Press, 1989.

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(Editor), Stuart Macintyre, i Richard Mitchell (Editor), red. Foundations of Arbitration: The Origins and Effects of State Compulsory Arbitration, 1890-1914 (Australian Studies in Labour Relations). Oxford University Press, USA, 1990.

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Zanan, Arthur S. PA Compulsory Arbitration Lawsource. Wyd. 2. G.T. Bisel, 1998.

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Franckx, Erik, i Marco Benatar. Non-Participation in Compulsory Procedures of Dispute Settlement. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198816423.003.0010.

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Erik Franckx and Marco Benatar consider the peculiar backlash in the form of states rejecting the jurisdiction of international courts and tribunals (ICs). They discuss how the People’s Republic of China (PRC) rejected jurisdiction in the Philippines v PRC arbitration. The authors draw comparisons with how the Russian Federation rejected the jurisdiction of an arbitration panel in the Arctic Sunrise case. But both states participated in the peculiar form of forwarding ‘position papers’. This allows states new modes of influencing the bench without formally participating in the proceedings, argues Franckx and Benatar. This may tempt other states to apply a similar approach. For example, Croatia has presented its views to an arbitration panel in a dispute with Slovenia, despite its non-participation after irregularities by one of the arbitrators. The PRC and the Russian Federation have also issued a joint declaration encouraging non-participation in international legal proceedings.

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Części książek na temat "Compulsory State arbitration"

Broberg, Morten, i Niels Fenger. "Which Bodies May Refer?" W Broberg and Fenger on Preliminary References to the European Court of Justice, 43–88. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198843580.003.0003.

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Chapter 3 discusses which bodies may make preliminary references. Only ‘a court or tribunal of a Member State’ has this right. Chapter 3 examines a number of possible criteria; namely is the referring body established by law, does it have permanent character, is it independent, is the body’s jurisdiction compulsory, does it use an adversary procedure, does it make its decisions on the basis of legal rules, can it issue decisions of a judicial nature in the context of the preliminary reference, does the members of the body include lawyers, does the question leading to the preliminary reference arise in connection with the settlement of a dispute, and are there other judicial solutions to the conflict in question? Chapter 3 next considers what types of bodies may make preliminary references. This examination covers, ordinary courts, international courts and courts with jurisdiction in more Member States, arbitration tribunals, administrative authorities and ombudsmen, and private bodies. Chapter 3 also considers when a court is of an EU Member State. Moreover, Chapter 3 examines whether a court of a Member State may not make a preliminary reference because its activities are not of a judicial nature or because, under national law, it is precluded from doing this.

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Archer, Robin. "Quite Like Ourselves". W Frontiers of Labor. University of Illinois Press, 2018. http://dx.doi.org/10.5622/illinois/9780252041839.003.0002.

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In the United States, there was substantial opposition to entering World War I, and yet conscription was introduced more quickly than in any other English-speaking country. In Australia, opposition to entry was minimal, but opposition to conscription was so great that its introduction was blocked. The period before US entry into the war also saw an unusual surge of American interest in Australian social experiments—including experiments with Compulsory Industrial Arbitration and Compulsory Military Training—which reached a peak in the wake of a unique Australian referendum on conscription. This essay examines the extent of this surge of transnational interest, the reason for it, and its possible effects, before considering why the outcome of the conflict over conscription was so different in these two similar historically liberal New World societies.

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Clayworth, Peter. "An Agitator Abroad". W Frontiers of Labor. University of Illinois Press, 2018. http://dx.doi.org/10.5622/illinois/9780252041839.003.0016.

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Patrick Hodgens Hickey, a New Zealander, was a labor activist who introduced American ideas of revolutionary industrial unionism and socialist political action to the country of his birth. Hickey grew up in rural New Zealand at a time of industrial peace under a compulsory arbitration system and initially had little interest in unions or socialism. He learned mining skills while working as an itinerant laborer in the United States, becoming part of a transnational network of mine workers. He was radicalized by his experiences of American class conflict and his involvement with the militant Western Federation of Miners. Returning to New Zealand, he became a leader of a workers’ revolt against the compulsory arbitration system in the period from 1907 through to 1914. Hickey was a key organizer of the union peak body that became the New Zealand Federation of Labour, the “Red Feds.” Following the defeats of the Waihi strike of 1912 and the Great Strike of 1913, Hickey suffered blacklisting. He went to Australia in 1915 to escape the blacklist and the threat of wartime conscription. In Australia he worked as a union activist and anticonscription campaigner. Hickey’s life and career illustrate the transnational migration of workers and their ideas in the early twentieth century.

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Gathii, James Thuo, i Harrison Otieno Mbori. "Reference Guide to Africa’s International Courts". W The Performance of Africa's International Courts, 300–344. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198868477.003.0009.

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This chapter is a general introduction to the eight active international courts in Africa, and the ninth inactive court, the Arab Maghreb Union (AMU) Judicial Organ. The international courts in Africa stem from two sources: from the sub-regional economic integration arrangements and the regional human rights system of the African Union. The African Court on Human and Peoples’ Rights is the regional human rights court in Africa. The chapter presents an overview of the general characteristics of these courts. First, excluding the AMU Judicial Organ, they all allow, or have allowed, cases from individuals and non-governmental organizations (NGOs), in addition to states against states. Second, excluding the African Court for cases by individuals or NGOs, these courts have compulsory jurisdiction. Third, although all of these courts allow states to file cases against each other, bar one exception, there have been none. The guide starts with the human rights-oriented courts: East African Court of Justice (EACJ); Economic Community for West African States (ECOWAS) Community Court of Justice (ECCJ); South African Development Community (SADC) Tribunal; and the African Court and Commission. It then discusses the Common Market for Eastern and Southern Africa (COMESA) Court of Justice, and courts that focus on economic disputes: Organization for the Harmonization of Business Law in Africa Common Court Justice and Arbitration (OHADA CCJA); Court of Justice of the Central African Economic and Monetary Community (CEMAC) Court of Justice; the West African Economic and Monetary Union (WAEMU) Court of Justice; and the least active of them, the AMU Judicial Organ.

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