Preview

Russian Law Journal

Advanced search

The Eurasian Model of International Labour Legislation in the Context of Globalization

https://doi.org/10.17589/2309-8678-2016-4-4-95-111

Full Text:

Abstract

The current article seeks to provide a comparative legal analysis of the Eurasian model of international labor legislation. It explores the multi-layered nature of contemporary international labor law in the context of globalization and regionalization, emphasizing the growing importance of cross-border legal labor standards in regional structures in the early 21st century and defines how global and regional cross-border legislation is incorporated on the basis of in favorem. The authors propose their own original concept of international labor legislation, based on the four characteristics: 1) The overall aim of legal regulation; 2) The extent of integration within those regulations; 3) Sources of labor law and their characteristics; 4) Systems of international control over labor rights. To define an original model for the legal regulation of labor, the authors investigate case studies of labour legal regulation in inter-state regional organizations including the European Union, the Council of Europe and ASEAN. The authors’ theoretical model identifies the defining features of Eurasia’s model of labor regulation. The research also follows the establishment and development of Eurasian labor law and attempts to give an informed judgment about its future path. In their conclusions, the authors assert that modern Eurasian labor law is a ‘live law’, still under development as it incorporates the non-uniform integration between the former Soviet Republics. Two primary trends leading regional co-operation in the labor market are identified: 1) A social model, implementing international labor rights across Eurasia; 2) An economic model, built on the free movement of labor in a common market. In today’s environment, the Commonwealth of Independent States goes some way toward representing the first trend through its attempts to serve as an international coordinating organization. The second trend is supported by supranational organizations promoting international integration, emphasizing the economic priorities of a common labor market (in this case, the EAEC) above social policy. The authors believe that, in the long term, Eurasian labor law at a supranational level should be developed via the EAEC to ensure a good balance between these social and economic models. This would include integration standards adopted in accordance with international labor rights, and the best practices of national labor legislation of its member states.

About the Authors

Andrey Lushnikov
Demidov Yaroslavl State University
Russian Federation

Head of the Chair of Labor and Financial Law, Law Faculty;

14 Sovetskaya Str., Yaroslavl, 150000, Russia

 



Marina Lushnikova
Demidov Yaroslavl State University
Russian Federation

Professor of Labor Law, Law Faculty;

14 Sovetskaya Str., Yaroslavl, 150000, Russia



References

1. Alston P., Heenan J. Shrinking the International Labor Code: An Unintended Consequence of the 1998 ILO Declaration on Fundamental Principles and Right at Work?, 36 New York University Journal of International Law and Politics 221 (2004).

2. Blanpain R. European Labour Law (12th ed., Alphen Aan Den Rijn: Wolters Kluwer Law and Business, 2010).

3. Compra L. Labour Rights in the FTAA in Globalization and the Future of Labour Law 245 (J.D.R Craig & S.M. Lynk, eds., Cambridge: Cambridge University Press, 2006).

4. Lushnikov А.M. The Development of Russian Labour Law in the XXI Century: AComparative Sketch of Regularities and Trends in Labour Law in Russia: Recent Developments and New Challenges 15 (V. Lebedev & E. Radevich, eds., Newcastle upon Tyne, UK: Cambridge Scholars Publishing, 2014).

5. Lyutov N. Russian Law on Discrimination in Employment: Can it Be Compatible with International Labor Standards?, 4(3) Russian Law Journal 36 (2016).

6. Malanczuk P. Regional Protection of Human Rights in Asia-Pacific Region, 52 German Yearbook of International Law 112 (2009).

7. Osiemo O. Lost in Translation: The Role of African Regional Courts in Regional Integration in Africa, 41(1) Legal Issues of Economic Integration 87 (2014).

8. The State of the European Union. Making History: European Integration and Institutional Change at Fifty (S. Meunier & K. McNamara, eds., Oxford: Oxford University Press, 2007).

9. Sychenko E. Contradictions in the Anti-Discrimination Protection of Employees in Russia and the Influence of the European Court of Human Rights in Labour Law in Russia: Recent Developments and New Challenges 289 (V. Lebedev & E. Radevich, eds., Newcastle upon Tyne, UK: Cambridge Scholars Publishing, 2014).

10. Tarusina N. & Isaeva E. Equalization of Legal Status with Respect to Gender, 4(3) Russian Law Journal 87 (2016).

11. Vaypan G. Acquiescence Affirmed, Its Limits Left Undefined: The Markin Judgment and the Pragmatism of the Russian Constitutional Court vis-à-vis the European Court of Human Rights, 2(3) Russian Law Journal 130 (2014).

12. Watson P. Social and Employment Law: Policy and Practice in an Enlarged Europe (Oxford: Oxford University Press, 2009).

13. Weiss M. The Future of Workers’ Participation in the EU in The Future of Labour Law. Liber Amicorum Bob Hepple QC 227 (C. Barnard et al., eds., Oxford: Hart Publishing, 2004).


For citation:


Lushnikov A., Lushnikova M. The Eurasian Model of International Labour Legislation in the Context of Globalization. Russian Law Journal. 2016;4(4):95-111. https://doi.org/10.17589/2309-8678-2016-4-4-95-111

Views: 481


ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)