von Broembsen, Marlese; Godfrey, Shane --- "Labour law and development viewed from below: What do case studies of the clothing sectors in South Africa and Lesotho tell us?" [2016] ELECD 1538; in Marshall, Shelley; Fenwick, Colin (eds), "Labour Regulation and Development" (Edward Elgar Publishing, 2016) 127

Book Title: Labour Regulation and Development

Editor(s): Marshall, Shelley; Fenwick, Colin

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785364891

Section: Chapter 5

Section Title: Labour law and development viewed from below: What do case studies of the clothing sectors in South Africa and Lesotho tell us?

Author(s): von Broembsen, Marlese; Godfrey, Shane

Number of pages: 35

Abstract/Description:

Labour law is in a liminal space. Its normative premises are being called into question by the neoliberal hegemony, as is its contribution to economic development. Labour law scholars are embracing the challenge in numerous ways. Some are responding by rewriting labour law’s normative goals. Others argue that its normative goals of redistribution and social justice need to be realised through ‘constituting narratives’ other than collective bargaining, such as constitutionalism, human rights and development. Still others are exploring ways of extending labour law’s coverage to include non-standard work and workers in the informal economy. This chapter analyses the relationship between development and labour regulation through case studies of the clothing sector in two neighbouring developing countries: South Africa and Lesotho. Our argument is that if labour regulations are to be developmental, particularly in developing countries, the labour law and development project needs to incorporate the following foci into its agenda.