Balancing between trade and risk : integrating legal and social science perspectives


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Introduction

The reform of the euro zone is stuck. Against the background of political blockades, Daniel Seikel WSI and Achim Truger University Duisburg-Essen examine from a combined economic and political science perspective how the Euro can be prepared for the next crisis and develop a proposal of how, under the given circumstances, the room for maneuver within the existing framework of economic and monetary union can be extended in a pragmatic way in order to strengthen national fiscal policy as an instrument of macroeconomic stabilization.

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Different countries, different conflicts at the workplace - different methods to solve conflicts. Martin Behrens, Alexander J. Colvin, Lisa Dorigatti, and Andreas H. Pekarek have analyzed two dimensions of conflict resolution: collective-individual and regulated-voluntarist — in four countries: Germany, the United States, Italy, and Australia.

In , it is apparent that although works councils and multi-employer collective bargaining are still alive, labour relations as a whole are undergoing substantial changes. It is the aim of this special issue to improve the understanding of these changes, and to open up new perspectives on both the theory and practice of industrial relations. Roughly a decade after the deep crisis, the economy in most EU countries appears to have recovered, but in many countries unemployment has been replaced by the rise of precarious labour.

Balancing between Trade and Risk : Integrating Legal and Social Science Perspectives

A cross-country analysis reveals that trade unions face similar challenges under very different conditions. Karin Schulze Buschoff WSI shows that the Dutch basic old-age pension system and the Austrian approach could serve as suitable models for other countries. New European economic governance regime and the autonomy of collective bargaining: a fundamental conflict.

The book chapter by Daniel Seikel WSI shows how reform measures imposed on programme countries have led to a substantial deterioration of the bargaining power of trade unions, undermining one of the cornerstones of post-war democratic governance. In Germany, the past 20 years have been marked by decentralisation, fragmentation and erosion of the bargaining landscape, resulting in parallel universes, with great variation in regulatory capacity.

In their chapter for the new etui book on collective bargaining in Europe, the authors explore the different factors that led to this state of affairs. How do national-level work—life balance policies shape the role of flextime in maternal labor market re-entry after childbirth? Germany after the crisis: the economy has recovered, unemployment has fallen. However, many challenges for trade unions remain: precarious jobs, digitalisation, the decline of collective bargaining coverage.

New aspects: The shift to the far-right in society and the migration caused by the global refugee crisis touching the question of trade union solidarity. The brochure provides information on the political context, recent membership development and density, along with assessments on approaches and controversies concerning trade union policies. As compared to the Netherlands, German solo self-employed workers face higher risks concerning income and old age poverty. European integration after the euro crisis: Restoration of national control or upgrade of supranational autonomy?

Daniel Seikel WSI analyses the key institutions of the reformed European economic governance,finding that control over risk-reducing and market-making institutions has been delegated to supranational institutions whereas control over risk-sharing and market-correcting institutions has remained in the hands of the member states.

Executive Summary

German and Dutch works councils enjoy similar far-reaching legal rights and work in a similar context. A large online-survey among German and Dutch works councils, however, reveals strong differences in strategies, relations and in formal ways of interaction. Against the European trend, employment and working conditions in the German public sector have improved after the financial crisis.

Our WSI study by Thorsten Schulten and Daniel Seikel shows that besides the quick economic recovery trade union strategies played an important role. This information is currently scattered across academic disciplines. Whether for Indigenous entrepreneurship, co-operatives or tourism governance, models cannot be one-size-fits-all, because, despite some similarities, there is a wide diversity of Indigenous cultures and worldviews.

This perception results from economic and political inequalities between the multilevel actors involved, as well as from the distance between decision-makers, who are often located in urban centres, and the rural or remote communities involved. Meanwhile, some northern communities have opted for co-operatives instead of private retailers, so the communities have more control over who can sell goods there, the prices they charge, and who benefits economically. Forms of governance that favour Indigenous control or management do not necessarily benefit everyone in the community: Community-based enterprises and other models that provide Indigenous communities with more control over tourism practices can strengthen local self-determination and governance, and build solidarity between communities.

However, community control does not necessarily rest on or contribute to community cohesion and co-operation. Conflicts are possible because of leadership hierarchies within communities. If community leaders do not adequately share power or benefits, certain community members may be marginalized and disempowered. This is particularly the case for women and youth. In the North, links between communities and co-operatives are shown to be important, but challenges can arise if leaders blur the lines between the two in their decision-making. However, only a small minority of articles on Indigenous entrepreneurship have been published in top-tier management journals.

This can make it challenging to unite academics with the information they need to do research in this field.

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As well, more guiding theories are needed that apply to Indigenous contexts, incorporate traditional knowledge, and broaden the scope of entrepreneurship beyond individual economic gain. For its part, literature on tourism discusses models of initiatives that Indigenous and non-Indigenous partners comanage.

However, less is documented about precisely what other forms the governance of Indigenous tourism can take, and how to let Indigenous communities define what tourism success looks like. How certain groups of factors interact to influence tourism prospects needs to be better understood: In any region, certain circumstances, such as geographic location, applicable laws and environmental risks or sensitivities, make it more or less difficult to develop a tourism enterprise.


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However, other factors pertain specifically to Indigenous contexts or lands within these regions. Greater understanding is required about the links between co-operatives and education opportunities offered in communities: Each of the three northern communities highlighted in the case studies on co-operatives has strong educational infrastructure.

Future research should look at the strength of links between the co-operatives and existing education programs in each community. Possible partnerships with southern postsecondary institutions could help provide more educational opportunities to fill gaps that are found. Theme Self-governance, Indigenous law and resource rights.

This section addresses Indigenous self-governance, Indigenous law and international Indigenous rights. The research looks at how these intersect with resource development and environmental sustainability, and how they relate to Canadian constitutional, case and domestic law. Footnote 74 Indigenous laws are central to governance. They are part of Indigenous legal orders, which embody approaches to restoring community harmony and advancing aspirations for self-determination.

Footnote 75 Indigenous laws are based in Indigenous worldviews and come from a history of interactions in a particular culture. Often unwritten, people know them through stories, traditions and ways of life. Also related to resource management, the research raises the concerns Indigenous groups in Canada have about the duty to consult, which is a government obligation before deciding whether to approve development projects affecting Indigenous communities. Indigenous communities have called attention to many problems in how consultation is carried out—including, the shortness of timelines during which to respond to proposals, delegation of consultation duties to industry, lack of information-sharing and transparency in the process, and power imbalances between consulters and those consulted.

Research in Alberta suggests that many Indigenous communities feel resigned to oil sands projects getting approved because consulters do not pay adequate attention to their concerns. Indigenous communities and allies fear that project approvals are being based on incomplete or biased information. However, little gender-based analysis has been done to document this in the oil sands region specifically.

Research is needed, for instance, on the links between oil sands development and the sex trade, domestic violence, and missing and murdered Indigenous women and girls.

Despite their importance to renewing and maintaining ways of life that could be impacted by resource development, both women and youth are often underrepresented in consultations for impact and environmental assessments. More knowledge is emerging on Indigenous legal orders—and universities, law schools and funding agencies have important support roles to play: Given the tradition of oral transmission of Indigenous law, documenting it may not be important or appropriate for some Indigenous communities. However, published descriptions of Indigenous legal orders are quickly increasing in Canada.

Some Indigenous communities have begun their own work on this, but many do not have sufficient resources. A few universities have supported this work through funded projects, such as the Accessing Justice and Reconciliation project at the University of Victoria, and the Legitimus project at the University of Ottawa.

Although Indigenous communities should always lead in the transmission of Indigenous legal traditions, law schools could help by teaching Indigenous legal reasoning. Until that learning happens, it is difficult for Indigenous rights to improve.

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Risk management

Powley, [] 2 S. Meanwhile, Daniels v. Future research could help address problems in how consultation is done, and address conflicts and uncertainty regarding free, prior and informed consent: There is a call to involve Indigenous peoples in the design of government consultation processes. Future research could look into what mechanisms, tools and decision-making procedures Indigenous communities would want to see incorporated.

It could also examine the links between how consultation is performed and impacts of resource development. For example, does better consultation contribute to stronger and healthier communities? Finally, more research is needed to answer questions related to free, prior and informed consent, such as what procedures should be used when disputes arise, and how to address industry concerns about mitigating risks. In response to the proposal that watersheds could be cogoverned by governments and Indigenous groups, research could track how UNDRIP contributes to changes in governance of natural resources.

Our collective ambitions will take considerable time and effort, but positive changes are increasing in pace, both in Canada and internationally, for the rights and well-being of Indigenous peoples. Indigenous research involving diverse social sciences and humanities fields demonstrates the many promising steps that are being taken, and how future research can continue to guide the way.

The research summarized in this report explores the experiences, aspirations and knowledge systems of Indigenous peoples, and highlights key strengths, gaps and emerging insights in knowledge important for reconciliation and self-determination. For instance, it was noted that understanding is increasingly rich about factors that influence language use, ingredients for fostering Indigenous student success, and principles of Indigenous business. Meanwhile, more research is needed on many fronts, such as on the social impacts of resource development, the application of Indigenous law, and integration of Indigenous understandings in community services and initiatives.

Chapter 4 — Global Warming of ºC

The research projects also highlight how Indigenous research itself is being strengthened by more robust ethical principles, greater commitments to working in relationship and partnership, and better management of digitized knowledge. Best practices for ethical and effective Indigenous research are increasingly being recognized. Future research can help strengthen their application, resolve tensions among different protocols and policies, and further build Indigenous research capacity and governance.

This report explores only a fraction of the issues that Indigenous research is helping address.

Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives
Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives
Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives
Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives
Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives
Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives
Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives
Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives
Balancing between trade and risk : integrating legal and social science perspectives Balancing between trade and risk : integrating legal and social science perspectives

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