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The Race to the Bottom Revisited: International Labour Law, Global Trade and Evolutionary Game Theory

Accepted version
Peer-reviewed

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Type

Article

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Authors

Menashe, Maayan 

Abstract

This paper revisits the 'race to the bottom' in international labour law, in light of new developments in evolutionary and epistemic game theory and considering new empirical findings on the economic effects of labour rights. Accordingly, it explores two solutions to this collective action problem not previously analysed in labour law literature: ‘indeterminate play’ and the ‘correlating device’; and it shows how these solutions relate to international trade law and international labour law. Moreover, a new perspective is offered, according to which international labour law and international trade law can be complementary in fostering global cooperation on labour regulation, and in supporting development efforts. Through a novel characterisation of global labour governance according to three game theoretical models, this study ultimately highlights the importance of freedom of association and collective bargaining in enhancing cooperation among states and promoting processes by which countries' social and economic development can be incrementally raised.

Description

Keywords

international labour law, international trade, collective action problem, evolutionary game theory, systems theory, freedom of association

Journal Title

Oxford Journal of Legal Studies

Conference Name

Journal ISSN

0143-6503
1464-3820

Volume Title

40

Publisher

Oxford University Press

Rights

All rights reserved
Sponsorship
PhD studies are funded by the Cambridge Commonwealth, European & International Trust.