Description: Justice without the Rule of Law? The Challenge of Rights-Based Industrial Relations in Contemporary Cambodia

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Justice without the Rule of Law? The Challenge of Rights-Based Industrial Relations in Contemporary Cambodia

A significant proportion of the world's work is done in contexts where the rule of law is absent or severely lacking. This paper describes one such context, that of contemporary Cambodia. Based on a literature review and interviews with key in...

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Bibliographic Details
Main Authors:	Adler, Daniel, Woolcock, Michael
Language:	English en_US
Published:	World Bank, Washington, DC 2014
Subjects:	ACCOUNTABILITY ANTICORRUPTION BEGGING BRIBERY BRIBES CHILD LABOR CODES OF CONDUCT COLLECTIVE ACTION COLLECTIVE AGREEMENT COLLECTIVE BARGAINING COMPLAINTS CORE LABOR STANDARDS CORRUPT CORRUPT PRACTICES CORRUPTION CORRUPTION PERCEPTION COURTS DEMOCRACIES DEMOCRACY DEMOCRATIC INSTITUTIONS DISMISSED WORKERS DRIVERS ECONOMIC GROWTH EMPLOYMENT EMPLOYMENT OPPORTUNITIES EQUAL PAY FINDING WORK FORCED LABOR FOREIGN LABOR FORMAL LABOR MARKET FREE TRADE FREEDOM OF ASSOCIATION GOVERNMENT OFFICIALS HOUSEHOLD SURVEY HUMAN RIGHTS HUMAN RIGHTS LAW ILO CONVENTIONS ILO REPORTS INCOME INDUSTRIAL RELATIONS INDUSTRIAL RELATIONS SYSTEM INFORMAL SECTOR INNOVATIONS INSTITUTIONAL ARRANGEMENTS INTERNATIONAL LABOR LAW INTERNATIONAL LABOR STANDARDS INTERNATIONAL LABOUR OFFICE INTERNATIONAL LABOUR ORGANIZATION INTERNATIONAL LAW INTERNATIONAL MARKETS INTERNATIONAL NORMS INTERNATIONAL ORGANIZATIONS INTERNATIONAL STANDARDS INVESTIGATIONS JOB CREATION JOB SEEKERS JOBS JUDICIAL SYSTEM JUDICIARY JUSTICE LABOR CONDITIONS LABOR DISPUTES LABOR FORCE LABOR LAW LABOR LAWS LABOR MARKET LABOR MARKET REGULATION LABOR MARKETS LABOR MOVEMENTS LABOR PRODUCTIVITY LABOR RELATIONS LABOR STANDARDS LABOUR LABOUR LAW LABOUR OFFICE LAW ENFORCEMENT LAW REFORM LEGAL FRAMEWORK LEGISLATION LIVING CONDITIONS MATERNITY LEAVE MEDIA MIGRANT WORKERS MINIMUM WAGE MINORS OFFENDERS ORGANIZED LABOR PATRONAGE POLITICAL ECONOMY POLITICAL INTERESTS POLITICAL PARTICIPATION PRIMARY SCHOOL PRIVATE SECTOR PRIVATE SECTOR EMPLOYEES PRIVATIZATION PRODUCTIVITY PUBLIC INFORMATION PUBLIC SERVICE REAL WAGES REMEDY RENTS RIGHT TO STRIKE RULE OF LAW SAFETY SANCTION SCAVENGING SERVANTS SERVICE SECTOR SOCIAL CAPITAL SOCIAL DEVELOPMENT SOCIAL JUSTICE STATE INSTITUTIONS TECHNICAL ASSISTANCE TRADE UNIONS TRIPARTITE UNION MEMBERSHIP WAGE GROWTH WAGE INCREASES WAGES WAR WORKER WORKERS WORKERS RIGHTS WORKING CONDITIONS WORKING HOURS YOUTH
Online Access:	http://documents.worldbank.org/curated/en/2009/01/10875921/justice-without-rule-law-challenge-rights-based-industrial-relations-contemporary-cambodia http://hdl.handle.net/10986/18101

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Summary:	A significant proportion of the world's work is done in contexts where the rule of law is absent or severely lacking. This paper describes one such context, that of contemporary Cambodia. Based on a literature review and interviews with key informants the authors find that there are opportunities to embed labor markets in regulatory frameworks, even at the periphery of the global economy. In such contexts, however, it is suggested that orthodox models of legal and judicial reform, which focus on drafting better laws and building capacity in judicial and administrative institutions for their enforcement, may not be the most effective way forward. Rather, the Cambodian experience suggests that the following were crucial in moving towards better protection of workers' rights: understanding the limitations of law as an instrument for attainment of rights absent independent and accessible judicial institutions; confronting the barriers to the establishment of such institutions (and being open to alternative strategies); recalling that law can have a powerful normative force, even without direct enforcement; engaging with the way in which rights are attained through processes of social contest; and supporting institutional forums for such contests to be played out in ways which maximize the potential for the disadvantaged to take part and tap in to the legitimating power of the law.