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Extraterritoriality by Other Means: How Labor Law Sneaks Across Borders, Conquers Minds, And Controls Workplaces Abroad

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eBook details

  • Title: Extraterritoriality by Other Means: How Labor Law Sneaks Across Borders, Conquers Minds, And Controls Workplaces Abroad
  • Author : Harry Arthurs
  • Release Date : January 22, 2010
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 143 KB

Description

INTRODUCTION Labor lawyers generally believe that each country's labor law, for better or worse, expresses its fundamental values and reflects its historic experience; that states can neither import nor export labor law because of the unique characteristics of each country s legal and industrial relations systems; (1) and that the doctrine of extraterritoriality (2) shields each state's labor law from the intrusion of others, thus ensuring that each can pursue its social and economic development in the manner it thinks best. While labor lawyers who hold these views are genuinely respectful of national sovereignty, some also chafe under its restrictions. They believe that the extraterritoriality doctrine unduly limits the capacity of a state to protect the labor rights of its own citizens while they are employed abroad. They are also concerned that a state cannot punish the businesses it has incorporated for engaging in exploitative labor practices when operating in foreign countries, thereby harming workers in those countries as well as undercutting labor standards at home. (3)


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