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Article
Publication date: 3 July 2009

John Gennard

The purpose of this editorial is to examine the development of transnational collective bargaining at the company level in Europe

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Abstract

Purpose

The purpose of this editorial is to examine the development of transnational collective bargaining at the company level in Europe

Design/methodology/approach

This editorial outlines the levels at which bargaining takes place in the European Union, the EU Commission proposals for a procedure for transnational collective bargaining, the procedures agreed by the EMF and UNI‐Europa Graphical for the negotiation of company‐wide transnational agreements, and the content of some existing transnational company‐wide agreements.

Findings

The existence of company‐wide transnational agreements demonstrates that European industry federations can provide added value to multinational companies by providing effective procedures within which transnational company agreements can be concluded. They also demonstrate that the negotiation of such agreements requires substantial resources and cannot be done without the assistance of the EWC. The existing transnational collective agreements in the metal trades show that European trade union organisations have to be determined to follow procedure, provide a trade union answer to EWC bargaining and that national based unions are unlikely to be able to negotiate with European level corporate management. Above all, existing transnational company collective agreements show that the EMF procedure for the negotiation of such agreements is effective, credible and workable.

Originality/value

The editorial offers insights into the process and procedures involved in negotiating company‐wide transnational agreements.

Details

Employee Relations, vol. 31 no. 4
Type: Research Article
ISSN: 0142-5455

Keywords

Content available
Article
Publication date: 10 November 2023

Billy Melo Araujo and Dylan Wilkinson

The Ireland-Northern Ireland Protocol has been one of the most contentious aspects of the EU-UK post-Brexit trade relationship. By requiring the UK to comply with EU customs and…

Abstract

Purpose

The Ireland-Northern Ireland Protocol has been one of the most contentious aspects of the EU-UK post-Brexit trade relationship. By requiring the UK to comply with EU customs and internal market rules in relation to Northern Ireland (NI), the Protocol has created a hybrid trade regime where NI is subject to multiple, overlapping and often conflicting rules. This paper aims to examine one area in which this hybridity manifests itself. It focusses on the interplay between the Protocol and post-Brexit UK trade agreements. It examines potential areas of conflict between Protocol obligations and obligations derived from UK trade agreements. In doing so, it sheds light on the extent to which compliance with the Protocol may undermine NI’s ability to export and import goods under the preferential terms negotiated under UK trade agreements. It further discusses the consequences of these incompatibilities between the Protocol and these agreements for NI and, more widely, the functioning of the UK internal market as whole.

Design/methodology/approach

Doctrinal legal research

Findings

The paper examines potential areas of conflict between Protocol obligations and obligations derived from UK trade agreements. In doing so, it sheds light on the extent to which compliance with the Protocol may undermine NI’s ability to export and import goods under the preferential terms negotiated under UK trade agreements. It further discusses the consequences of these incompatibilities between the Protocol and these agreements for NI and, more widely, the functioning of the UK internal market as whole.

Originality/value

To the best of the authors’ knowledge this is the first paper carrying out a comprehensive legal analysis of the interaction and potential conflicts between the Protocol on Ireland-Northern Ireland and the UK’s post Brexit trade agreements.

Details

Journal of International Trade Law and Policy, vol. 23 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 November 2023

John Marc Hamel

The purpose of this paper is to improve the understanding of how collaboration agreements function and their benefits for the environments where they are implemented. The goal of…

Abstract

Purpose

The purpose of this paper is to improve the understanding of how collaboration agreements function and their benefits for the environments where they are implemented. The goal of these initiatives is to bring together in partnerships the actors concerned by domestic violence and coordinate their actions to ensure the safety of persons at risk of intrafamilial homicides through an effective collaboration structure.

Design/methodology/approach

The synthesis data originates from four research projects research work with the partners of four studied agreements: A-GIR (Arrimage-Groupe d’Intervention Rapide [Rapid Intervention Unit]) in Laval, Alerte-Lanaudière [Lanaudière Alert] in the Lanaudière region, P.H.A.R.E. (Prévention des homicides intrafamiliaux par des Actions Rapides et Engagées [Domestic Homicide Prevention through Rapid and Committed Action]) in South Western Montérégie and the Rabaska Protocol in Abitibi-Témiscamingue.

Findings

Overall, the interveners agree on the positive impacts resulting from the relationships between the partners, the development of a common expertise and the collective responsibility acting to prevent intrafamilial homicides, while highlighting the challenges met and the essential conditions for the success of these collaboration initiatives.

Research limitations/implications

Findings are drawn from participants in a particular locale – i.e. French–Canada, and may not entirely apply to other regions and cultures. Additional research should be conducted with similar methodology in other regions of Canada and elsewhere.

Practical implications

The findings should help in the further development of best practices for IPH prevention and therefore protect potential victims from lethal assaults of domestic violence.

Originality/value

Few studies have been conducted on how stakeholders involved in IPH prevention actually work together in collaborative efforts, and none, as far as we know, specifically on drawing up formal agreements.

Details

Journal of Aggression, Conflict and Peace Research, vol. 16 no. 1
Type: Research Article
ISSN: 1759-6599

Keywords

Article
Publication date: 11 July 2023

Margarita Canal A., Peter Kesting, David Aponte Castro and Remigiusz Smolinski

Extensive empirical evidence suggests that procedural justice (PJ) and distributive justice (DJ) are key success factors for achieving durable peace negotiations. This paper aims…

Abstract

Purpose

Extensive empirical evidence suggests that procedural justice (PJ) and distributive justice (DJ) are key success factors for achieving durable peace negotiations. This paper aims to investigate how complexity affects these factors and the outcomes in negotiations.

Design/methodology/approach

The qualitative study is based on an examination of the peace negotiations that led to the 2016 agreement between the Fuerzas Armadas Revolucionarias de Colombia – Ejército del Pueblo and the Colombian Government. Based on document analysis, the authors examined in detail how and where in the process the principles of PJ and DJ were applied. The authors then examined the implementation progress after 2016 and placed the peace process in the overall context of the Colombian conflict.

Findings

The authors found that the principles of PJ and DJ were present in both the negotiation process and the agreement. The negotiations were successful and satisfactory solutions could be found for all issues. The complexity of the conflict is reflected in the limited coverage of the peace negotiations. Not all groups, interests and subconflicts could be included in the negotiations. This limits their contribution to a durable peace in Colombia. Conflicts that remain unresolved also have a negative effect on the implementation of the agreement.

Practical implications

For conflict management, this implies that the negotiations should not be viewed as “one-and-done” but rather as a progressive, ongoing process. The agreement is only the nucleus for achieving total peace. It must be actively advanced and defended.

Originality/value

This study offers new qualitative insights into how PJ and DJ function in negotiations. It also establishes a systematic connection between PJ and DJ and complexity, introduces the notion of coverage and, thereby, opens a new perspective on the management of conflict complexity.

Details

International Journal of Conflict Management, vol. 35 no. 1
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 23 December 2022

Mohamad Zreik

The regional comprehensive economic partnership (RCEP) is promising as per the claims and can be revolutionary for the Asia–Pacific Region. The member countries will get a boost…

Abstract

Purpose

The regional comprehensive economic partnership (RCEP) is promising as per the claims and can be revolutionary for the Asia–Pacific Region. The member countries will get a boost in the post-pandemic world due to the RCEP. According to Brookings, the RCEP is going to be an agreement reshaping the global economics. This study aims to clarify the aspects related to the RCEP and how it can boost global economics.

Design/methodology/approach

The study employs qualitative descriptive analysis to address the status of RCEP in the region and the consequences of such main transnational partnership. The study is based on economic reports, official documents and data directly related to the subject of the study.

Findings

Findings show that the RCEP will be a significant driver of regional trade despite its faults. The RCEP's tariff benefits and rules of origin, notwithstanding their relatively restricted scope, will encourage enterprises to source products and services from RCEP members, and in combination, RCEP and Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) are anticipated to replace at least some competing US commodities, services and farm exports. For items that integrate parts and components from inside the area, such as from China, the RCEP is projected to reduce tax and trade facilitation costs, allowing enterprises to avoid US Section 301 tariffs.

Originality/value

By examining how the RCEP operates within the framework of domestic and international trade, this study contributes to a deeper understanding of RCEP and analyses its nature based on data and official reports.

Details

Journal of Economic and Administrative Sciences, vol. 40 no. 1
Type: Research Article
ISSN: 1026-4116

Keywords

Article
Publication date: 21 March 2016

Davit Sahakyan

The purposes of this paper are to provide a new framework for the (re)assessment of North-South relations, with a specific focus on North-South preferential trade agreements…

Abstract

Purpose

The purposes of this paper are to provide a new framework for the (re)assessment of North-South relations, with a specific focus on North-South preferential trade agreements (PTAs); advance a new mechanism of how first-order, i.e. Southern countries’ first, North-South PTAs can affect the outcomes of second-order, i.e. Southern countries’ subsequent, North-South PTA negotiations; and re-examine the effects of North-South power asymmetries on the outcomes of North-South PTA negotiations.

Design/methodology/approach

The paper focuses on how North-South power asymmetries affect the outcomes of North-South PTA negotiations. It introduces the concept of “first-order” and “second-order” North-South PTAs to show that the “order” of an agreement can be a crucial factor in PTA negotiations. The claims of the paper are also supported by primary data obtained through the author’s personal interviews with European Union and USA trade officials and policy-makers (see Appendix).

Findings

The paper advances a new theoretical framework that takes a longer-term view on North-South trade relations, whereby, against the backdrop of the proliferating PTAs, first-order North-South agreements can raise the bargaining powers of Southern countries during subsequent North-South PTA negotiations, with strong implications for both developed and developing countries.

Research limitations/implications

The paper is largely theoretical. A systematic empirical study of North-South PTAs will be required to validate or refute the theoretical framework advanced in this paper.

Originality/value

The paper introduces a new variable, namely the “order” of an agreement, which affects the logic of North-South PTA negotiations. Hence, the paper sets out a new theoretical framework that allows for a more accurate assessment of North-South power asymmetries and their effects on the outcomes of North-South PTA negotiations.

Details

Journal of International Trade Law and Policy, vol. 15 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 April 1985

J.R. Carby‐Hall

It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were…

Abstract

It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were to be attributed to the collective agreement, this would mean that no rights or obligations whatsoever would be created between the parties to it. This is not so in practice. It is of course a fact that no legally enforceable rights and obligations normally accrue, and as already indicated, those are moral ones and are only enforceable in honour, i.e. a gentleman's agreement. Nevertheless, this does not necessarily mean that the collective agreement has no juridical significance. Even agreements which are binding in honour only, as for example the kind of agreement found in Balfour v. Balfour, have a known juridical nature. Furthermore, though the collective agreement is only binding in honour, its incorporation into the individual contract of employment makes its terms legally enforceable even though recourse to the courts is seldom had. As a source of rights and obligations of considerable importance the collective agreement must therefore have some juridical significance and cannot remain entirely in the realms of society.

Details

Managerial Law, vol. 27 no. 4
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9542

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 1969

Geoffrey Lane J.

March 6, 1969 Contract — Formation — Intention to create legal relationship — Collective agreement — Joint negotiating committee of employer and trade unions — Agreements…

Abstract

March 6, 1969 Contract — Formation — Intention to create legal relationship — Collective agreement — Joint negotiating committee of employer and trade unions — Agreements regulating procedure and conditions of employment of employee members — No express provision for agreement to be actionable at law — Background of opinion that agreement not legally enforceable — Wording of clauses raising difficulties of enforcement — Whether intended to be enforceable — Whether legally binding.

Details

Managerial Law, vol. 6 no. 1
Type: Research Article
ISSN: 0309-0558

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