The workshop touched upon a multitude of topics. These can be subsumed under the following main headers:It included methodological considerations around doing comparative law and combining methods... Show moreThe workshop touched upon a multitude of topics. These can be subsumed under the following main headers:It included methodological considerations around doing comparative law and combining methods of comparative law with methods from other fields such as history, political science, sociology, computer science and accounting research.Empirically, it focused on understanding how a transplant process actually works and why it takes place, i.e. who the actors are that make a transplant happen. This included meso-level perspectives, focusing on actors such as bureaucracies, experts, lawmakers, companies, accounting firms and others, but also perspectives which focused more on states as a whole and their role as norm makers and takers. The analyses thereby drew from experiences from many different countries around the world and included a number of historical perspectives as well. The participants also discussed evidence on the extent to which convergence is occurring, using the example of the tax treaty system and the implementation of the BEPS standards.Theoretically, several key concepts were discussed such as the notion of “expertise”, “international standard”, the concept of “transplant” itself and possible alternative metaphors as well as the history of the idea. It was also examined how one can approach the empirical fact of transplants or international convergence of rules from a normative and philosophical point of view.This document reports the discussions that took place during the five days in a chronological manner. The last section contains an outline of possible topics and approaches for a follow-up workshop.The report does not systematically differentiate between individual opinions that not everyone might share and consensus. It rather reports which bits and pieces of the debates caught the attention of the reporters and other note takers. It may therefore rather be seen as something stimulating further discussion than a fixed document. Show less
This book is about the creation and enforcement of labour law in Indonesia, a topic that reflects the broader processes of social and political change in the country. Its starting point is... Show more This book is about the creation and enforcement of labour law in Indonesia, a topic that reflects the broader processes of social and political change in the country. Its starting point is the notion of the trade union as a crucial institution in any modern industrial capitalist society, with the potential of promoting some measure of equity and social justice in society. The book discusses three case-studies relating to three major pieces of labour legislation enacted since the Reformasi of 1998 in Indonesia. The first is about trade union legislation, the second about minimum wage policy, and the third about the Industrial Relations Court. These cases show how labour law in Indonesia is best understood as the result of the struggles between different social groups and competing ideologies, which change over time. The author argues that despite all the problems and challenges there remains hope for the development of a sound and effective labour law in Indonesia. This is due in particular to the development of the trade union movement in the country. Unions form a countervailing power against capital and corporate power, and may thus ensure that the results of development are redistributed fairly throughout society. They are also agents of education: their efforts to develop new labour laws and enforce labour standards make workers aware of their rights and may even help in developing a higher degree of rights-consciousness in society more generally. This book is about the creation and enforcement of labour law in Indonesia, a topic that reflects the broader processes of social and political change in the country. Its starting point is the notion of the trade union as a crucial institution in any modern industrial capitalist society, with the potential of promoting some measure of equity and social justice in society. The book discusses three case-studies relating to three major pieces of labour legislation enacted since the Reformasi of 1998 in Indonesia. The first is about trade union legislation, the second about minimum wage policy, and the third about the Industrial Relations Court. These cases show how labour law in Indonesia is best understood as the result of the struggles between different social groups and competing ideologies, which change over time. The author argues that despite all the problems and challenges there remains hope for the development of a sound and effective labour law in Indonesia. This is due in particular to the development of the trade union movement in the country. Unions form a countervailing power against capital and corporate power, and may thus ensure that the results of development are redistributed fairly throughout society. They are also agents of education: their efforts to develop new labour laws and enforce labour standards make workers aware of their rights and may even help in developing a higher degree of rights-consciousness in society more generally. Show less
The book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945... Show moreThe book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then. A detailed examination of the proceedings of the United Nations Conference on International Organization in San Francisco demonstrates that the drafting of the United Nations Charter was significantly influenced by global moral values, i.e. globally shared beliefs distinguishing right from wrong, good from bad, and the current from a preferable state-of-the-world. A common desire to eradicate war, poverty, inhuman treatment, and to halt the exploitation of peoples, has led to an affirmation of the values of peace and security, social progress and development, human dignity and the self-determination of all peoples. All these values ended up in the UN Charter. The book further analyzes how the United Nations, and especially its General Assembly, has continued to influence the maturing of global morality through contributions to the values-debate, and to the translation of these values into the language of international law, including the law on the use of force, sustainable development, human rights and the right to self-determination. Show less
