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Compliance and Compromise
The Jurisprudence of Gender Pay Equity
Series: - Nijhoff Law Specials, Volume: 76
Author:
As domestic industrial relations and labor conditions have been seriously challenged by globalization, various international labor standards have been proposed to safeguard and promote labor rights. However, an important question remains: are these rules and standards enforceable and well enforced?
Compliance and Compromise: The Jurisprudence of Gender Pay Equity examines the status of one of the core international labor standardsâgender pay equityâthat has been largely overlooked, and explores how domestic legislative and judicial systems respond to the core International Labor Organization Convention No. 100 on Equal Remuneration. It unravels under what circumstance legislative and judicial compliance occurs, with the novel application of the relatively new theory âtransnational legal processâ to explicate the phenomenon of âcomplianceâ.
Compliance and Compromise: The Jurisprudence of Gender Pay Equity examines the status of one of the core international labor standardsâgender pay equityâthat has been largely overlooked, and explores how domestic legislative and judicial systems respond to the core International Labor Organization Convention No. 100 on Equal Remuneration. It unravels under what circumstance legislative and judicial compliance occurs, with the novel application of the relatively new theory âtransnational legal processâ to explicate the phenomenon of âcomplianceâ.
Cher Weixia Chen is an Assistant Professor of International Studies at New Century College, George Mason University. She has published in the areas of international law and comparative law on issues such as capital punishment and cultural defense.
Compliance and Compromise provides an excellent overview and examples in the variation in enforcement mechanisms that covers everything from the three main concepts of equal pay (the more common and narrower equal pay for equal work, equal pay for similar work, and finally the less frequent and more progressive, equal pay for work of equal value) to how claims can be evaluated and resolved.
-Jennifer Woodward, The Law and Politics Book Review
-Jennifer Woodward, The Law and Politics Book Review
Chapter I: Introduction
I. Literature Review
II. Research Design
III. Arrangement of the Book
Chapter II: Gender Pay Equity and the International Instruments
I. Causes of Gender Pay Gap
II. Gender Pay Equity
III. The Sources of International Standards on Gender Pay Equity
IV. Regional and Other Standards on Gender Pay Equity
Chapter III: Legislative Compliance -- The Process of Internalization
I. General Observation on Legislative Compliance
II. Specific Observation on Legislative Compliance
III. Typology of Legislative Compliance
IV. A Comprehensive Legislative Approach
Chapter IV: Judicial Compliance -- The Process of Interpretation
I. Judicial Compliance-The âInterpretationâ of the Convention in National Judiciaries
II. Typology of Judicial Compliance
Chapter V: The Process of Interaction
I. Horizontal Interaction
II. Vertical Interaction
Chapter VI: Canada v. Japan: The Best v. The Worst
I. Canada
II. Japan
III. Conclusion
Chapter VII: Conclusion
Bibliography
Appendix: C100 Equal Remuneration Convention, 1951
I. Literature Review
II. Research Design
III. Arrangement of the Book
Chapter II: Gender Pay Equity and the International Instruments
I. Causes of Gender Pay Gap
II. Gender Pay Equity
III. The Sources of International Standards on Gender Pay Equity
IV. Regional and Other Standards on Gender Pay Equity
Chapter III: Legislative Compliance -- The Process of Internalization
I. General Observation on Legislative Compliance
II. Specific Observation on Legislative Compliance
III. Typology of Legislative Compliance
IV. A Comprehensive Legislative Approach
Chapter IV: Judicial Compliance -- The Process of Interpretation
I. Judicial Compliance-The âInterpretationâ of the Convention in National Judiciaries
II. Typology of Judicial Compliance
Chapter V: The Process of Interaction
I. Horizontal Interaction
II. Vertical Interaction
Chapter VI: Canada v. Japan: The Best v. The Worst
I. Canada
II. Japan
III. Conclusion
Chapter VII: Conclusion
Bibliography
Appendix: C100 Equal Remuneration Convention, 1951