Principles of enterprise law: the economic constitution and human rights
In: Law in context
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In: Law in context
"A Casebook on Labour Law is made for every university labour or employment law course in the UK, set within European Union and international law. It covers (1) history and theory, (2) contract and rights, (3) participation, (4) equality, and (5) job security, with chapters on essential topics for modern labour policy: the right to vote for company boards, work councils and pensions, and laws to get full employment and end unemployment. Each chapter summarises further reading from noteworthy books and journals, and follows a unified conceptual structure that aims to transcend historic divisions between common law or statute, private or public, and national or international law. It invites the reader to engage in the economic and social evidence about labour law's empirical consequences, as well as political principles"--
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In: Democratizing the Corporation: the Bicameral Firm and Beyond (Verso 2023) chapter 12
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In: European journal of social security, Band 23, Heft 3, S. 279-297
ISSN: 2399-2948
The quality of democracy in our economy depends on the governance of capital, but Europeans are still deprived of real voice over their retirement money: the single biggest source of capital in the 21st century. This paper outlines three major problems facing EU pensions: precarious retirement, escalating inequality, and mounting climate damage. These problems start with the places where we work, the institutions that control our retirement savings, and the votes on shares that come with them. The central argument is that pensions will only be sustainable once they are democratically, prudently, and loyally governed. First, member states have wide experience with co-determination in capital funds, which can inform the basis of minimum standards in EU law for 'pension fund democracy'. Second, a growing number of investment rules draw upon Member States' fiduciary duties and standards for prudence or care; but, these do not yet codify the requirement that beneficiaries' environmental, social, and governance preferences are followed. Third, votes on shares - bought with pension fund assets - are still being cast by banks and asset managers who manage 'other people's money'. This is a serious problem because banks and asset managers have interests that systematically conflict with the ultimate investors: they vote in companies on other people's money and, at the same time, sell financial products (e.g., pensions) to those companies. The problems are soluble with careful amendments to existing policy that ensure elected representatives of pension beneficiaries are the sole determinants of voting policies, with prudence and no conflicts of interest. A draft EU Directive, based upon emerging best practice, is proposed.
In: Sefton-Williams Lecture 2021, University of Toronto
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In: (2021) 32(1) King's Law Journal 122
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Working paper
In: Chapter in S Baughan, B Soyer and A Tettenborn (eds), Disruptive Technologies, Climate Change, and Shipping Law (2021) forthcoming
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In: (2021) Œconomia - History, Methodology, Philosophy
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In: Green Recovery Act: A Report produced by Common Wealth (2020)
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In: (2021) 32(2) King's Law Journal 287
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In: (2021) European Journal of Social Security
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In: The Cambridge Handbook of Labour in Competition Law (Cambridge University Press Forthcoming)
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In: (2020) 15(1) Journal of Comparative Law 157
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