THE FUTURE OF LABOUR LAW All over the world a different kind of labour law is in the process of formation; in Gramsci’s phrase, this is an interregnum when the old is dying and the new is struggling to be born. This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers’ participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field.
The Future of Labour Law Liber Amicorum Bob Hepple QC Edited by
CATHERINE BARNARD, SIMON DEAKIN and
GILLIAN S MORRIS
OXFORD AND PORTLAND OREGON 2004
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List of Contributors Steven Anderman is Professor of Law at the University of Essex. Catherine Barnard is a Fellow of Trinity College; University Senior Lecturer in Law at Cambridge, and Jean Monnet Chair of European Union Law. Brian Bercusson is Professor of Law at King’s College, London. William Brown is Master of Darwin College and Montague Burton Professor of Industrial Relations at the University of Cambridge. Breen Creighton is a Partner of Corrs, Chambers, Westgarth in Melbourne, Victoria, and a Professorial Fellow of the Faculty of Law, University of Melbourne. Paul Davies is Cassel Professor of Commercial Law at the London School of Economics and Political Science and a Deputy Chairman of the Central Arbitration Committee. Simon Deakin is Robert Monks Professor of Corporate Governance and a Fellow of Peterhouse at the University of Cambridge. Keith Ewing is Professor of Public Law at King’s College, London. Sandra Fredman is Professor of Law and Fellow of