Working Papers

COMPTRASEC publishes Working Papers (WPS) connected with its annual research seminar, containing the speakers’s contributions since 2012.
The WPS are not finalized papers which document the treated thematic, determined in regard with the COMPTRASEC research area.

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  • 2018/28 - Gilles Lhuilier : Le droit transnational

    A practical case – the negotiations currently underway in Geneva concerning the so-called binding treaty on the responsibility of transnational companies – has cast a clearer light on the changes taking place in international law (whether private, business, criminal, or public) and the emergence of a new branch of law originating in North America - transnational law - seeking to reinvent the approach to the issue by focusing on the practices of legal actors: global lawyers, transnational corporations, NGOs, victims, etc. This case provides significant conceptual challenges: transnational law entails not only a change in the sources of international law, but the transformation of the methods of law themselves, i.e., of our practices, regardless of our fields (labor, environment, commercial law, etc.) or professions (legal practitioners, researchers).

  • 2018/27 - Etienne Pataud : La représentation collective des salariés dans l’espace international

    Since the famous Wagons Lits ruling, it is more or less accepted that collective working relations, and especially collective representation, are not very and poorly internationalised. The technique used, that of “overriding mandatory provisions”, has the effect of separating the organisation for collective representation into as many separate entities as there are States in which firms exist. This solution makes it impossible for a collective response which corresponds somewhat to the economic reality of firms.

    As a result, certain bypass options have been envisaged, mainly by substantial means, and especially the European Works Council.Other coordination techniques may be worth considering.

  • 2018/26 - Emmanuel Jeuland : La citoyenneté sociale et la dépendance dans une approche relationiste du droit

    In her book entitled Law’s Relations, Jennifer Nedelsky, invites us to consider legal relations such as the role of personal autonomy, as well as people’s search for autonomy when they are dependant (disabled, elderly, children, etc.). This presentation also follows the book Théorie Relationiste du Droit,
    2016, LGDJ. Two sub-ideas will be developed in this context, dealing with the acknowledgement of emotions in legal reports (in particular by judges supervising guardianship or children, therefore in substantive and procedural protection reports) in the Law and Emotion movement (see founding
    article “Law and Emotion” by Eric Posner) and misunderstandings in the managerial approach in the Law and Management movement (in particular, Penser les Relations du Droit et des Sciences de Gestion, Strubel, Deharo dir. Dalloz, 2014).

  • 2018/25 - Bruno Palier : Ce que le numérique fait au travail et à la protection sociale

    Digitalisation of the economy can be seen as an industrial revolution; a series of technological innovations associated with new practices and new business models. As with any industrial revolution, there is an initial phase in which what exists is destroyed, followed by a profound transformation of the world of work and the development of new sectors of activity and new jobs. This revolution will cause deep changes in the labour market and in the types of jobs created, and will bring about new challenges in social protection.
    This contribution examines the existing literature in order to:
    - Understand what effect digital technologies are having on the economy and employment
    - Define the new forms of employment/work/remuneration
    - Analyse the new challenges for social protection.

  • 2017/21 - Jacques Commaille : D’un changement de la représentation sociale du droit à la reconnaissance du droit comme instrument de la démocratie

    Breaking with the social representation of the law as «Reason» and an instrument of top-down political regulation of society in order to promote a different representation of the law as connected to society could alter our perceptions of the law in response to contemporary social changes through the entry points of space and time. This then allows us to make use of the law to build a new democratic project, while guarding against a possible distortion in which the law becomes more closely tied to economic factors while shifting further away from the social sphere.

  • 2017/22 - Isabelle Ferreras : Le gouvernement de l’entreprise capitaliste. Enjeux -pour le droit du travail- et perspectives

    We posit that the capitalist firm is best understood as a political entity, which needs to define a form of governance based on facts, in the context of a society that is driven by democratic ideals. This «political theory of the firm» raises a number of questions: Who makes decisions in a company? To what end? What resources does this governing structure have? Acknowledging that capitalist investors own shares in a public limited company (or any other organisation of capital) should not preclude us from designing a corporate power structure that is more democratic. And how can labour law support this goal? We are working to identify several conceptual issues by examining the concept of bicameral firms.

  • 2017/24 - Dominique Lhuillier : Prévention de l’inemployabilité et maintien en activité. Recherche-action dans une collectivité territoriale

    Our work organisations have become more and more restrictive, combining a push for greater productivity and responsiveness with frequent changes to working methods and objectives. This makes it even harder to post workers with permanent or temporary health problems: illnesses or accidents and their aftereffects, chronic conditions, problems that appear or worsen with age, and so on. An increasing rate of absenteeism due to illness, unfitness for work, and requests for reclassification prompted a local authority to collaborate with a team of researchers to address two questions: how can we prevent unemployability and create working conditions that are adapted to all employees?

  • 2017/23 - Gabriel Colletis : La doctrine économique face aux effets des mesures d’austérité

    Considering the French case, this contribution analyses the capital-labour nexus evolutions since the 80’s, through new labour relations based on skills. Different dimensions of these relations are considered : skills and work, skills and professional mobility, skills and professional relations.
    On this basis, a typology establishing a distinction between three “models” of workers, taylorian, neo-taylorian and cognitive, is suggested. The contribution concludes about the conditions of a new mode of regulation where skills would be the heart of a renewed wage relation.

  • 2017/20 - François Ost : À quoi sert le droit ? À compter jusqu’à trois. Les contre-exemples du data mining et du storytelling

    In a recent publication (Law; what is it good for? Usage, functions, aims, Brussels, Bruylant, 2016), I explore the position and the role still occupied by the law in our contemporary societies, without excluding the hypothesis that the law could very well be diluted in an ocean of indistinct normativity.
    In this work, I compare a jurist’s remarks (underlining all the many measuring, demarcation and weaving functions that make up the law) with those of a sociologist (studying what public and private entities do with the law – apply it, but also avoid, deflect and exploit it…) and a philosopher (who wonders about the specific way in which the law allows us to attain “noble” ideals such as justice and democracy). If I had to answer in a few short words “What is the law for?” I would reply “to count to three”. Behind this quip looms the most serious of matters: the law’s capacity to transcribe any social relationship onto a public (third party) stage, that defers to common law, interpreted by a judge.
    As a counterpoint to this analysis, I would like to draw attention to two current counter-examples: profiling and data-mining practices on one hand, and the practice of storytelling on the other – two techniques, algorithmic and imaginary, in which the third party has no part.

  • 2016/19 - Anne Trebilcock : La promesse des principes directeurs relatifs aux entreprises et aux droits de l’Homme pour le droit du travail – illusion ou occasion ?

    This article examines the opportunities and the risks presented by the UN Guiding Principles on Business and Human Rights, which have become the dominant paradigm of discussion around corporate social responsibility. It does so from three angles: the “due diligence” approach as they relate to respect for workers’ rights, various aspects of the follow-up to the Guiding Principles, including recent developments, and the emerging methodology of human rights indicators in the labour context. The article points out the interest that the Guiding Principles, alongside their limitations, holds for governments, occupational organizations as well as for civil society

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