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Labour Law in an Era of GlobalizationTransformative Practices and Possibilities$
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Joanne Conaghan, Richard Michael Fischl, and Karl Klare

Print publication date: 2004

Print ISBN-13: 9780199271818

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199271818.001.0001

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Death of a Labour Lawyer?

Death of a Labour Lawyer?

(p.158) (p.159) 8 Death of a Labour Lawyer?
Labour Law in an Era of Globalization

Dennis M. Davis

Oxford University Press

This chapter echoes the previous argument in warning developing nations against ‘racing to the bottom’, as well as in responding to broader claims about the ‘death of labour law’ in an era of globalization. It makes the case that even an impoverished nation experiencing extraordinarily high unemployment, like the new South Africa, should resist the temptation to lower labour standards, citing evidence that other factors have a greater impact on export performance and foreign direct investment than protective labour legislation. It concludes that the nation-state can still play an important role, both in developing new forms of regulation suited to new economic circumstances and in enabling new forms of resistance to and struggle against work-based forms of inequality and exploitation.

Keywords:   South Africa, labour standards, globalization, export performance, labour legislation

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