In defense of soft law and public-private initiatives: a means to an end? - The Malaysian case

Sundra-Karean, Vanitha (2011) In defense of soft law and public-private initiatives: a means to an end? - The Malaysian case. Theoretical Inquiries in Law, 12 (2). pp. 465-487. ISSN 1565-1509

Abstract

This discussion offers a theoretical framework towards the discovery and amalgamation of conceptions within hard labor law and soft law initiatives which may spring from deliberately designed public-private initiatives as well as spontaneous market-driven responses. A case in defense of soft law is made for Malaysia on the basis of political
realism. Agents of soft law initiatives are evaluated with a focus on public and private codes. I argue that for Malaysia, the stage is being set for divergent regulatory approaches to labor with differing consequences and outcomes. Some of these outcomes, as will be illustrated, may not be consciously designed but are likely to occur
spontaneously. The focus of the discussion will be on the changing nature of labor norms in individual employment law, the advent of human rights reasoning and the interdependence of the organic forces in a particular jurisdiction that drive the labor agenda. The discussion
concludes with an argument in praise of soft law as a viable agent for driving change in hard labor law, whilst maintaining its soft law character thus contributing to the varieties of hybrid labor regulation.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © 2011 The Berkeley Electronic Press. Permanent restricted access to published version in accordance with the copyright policy of the publisher.
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 20 May 2013 06:19
Last Modified: 30 Jan 2017 01:18
Uncontrolled Keywords: industrial relations; Malaysia; labour law; workforce; human rights
Fields of Research : 15 Commerce, Management, Tourism and Services > 1503 Business and Management > 150306 Industrial Relations
18 Law and Legal Studies > 1801 Law > 180119 Law and Society
18 Law and Legal Studies > 1801 Law > 180118 Labour Law
Socio-Economic Objective: E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/22556

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