Remember Me
Or use your Academic/Social account:


Or use your Academic/Social account:


You have just completed your registration at OpenAire.

Before you can login to the site, you will need to activate your account. An e-mail will be sent to you with the proper instructions.


Please note that this site is currently undergoing Beta testing.
Any new content you create is not guaranteed to be present to the final version of the site upon release.

Thank you for your patience,
OpenAire Dev Team.

Close This Message


Verify Password:
Verify E-mail:
*All Fields Are Required.
Please Verify You Are Human:
fbtwitterlinkedinvimeoflicker grey 14rssslideshare1
FUDGE, Judy; MUNDLAK, Guy (2013)
Publisher: Cambridge University
Languages: English
Types: Part of book or chapter of book
Subjects: Globalization, European Union, K, Posted workers, World Trade Organization, Labour law, Social dumping
This paper focuses on two examples – first, the imposition of tariffs on tires made in China and exported to the United States, which culminated in a decision of World Trade Organization’s (WTO) appellate body to uphold the US tariffs, and, second, the development of the European law, especially the decisions of the Court of Justice of the European Union, on posted workers in the context of public procurement – in which labour concerns transcend the nation state’s borders and the relevant agents (states, municipalities, NGOs, trade unions, employers, industry associations) are in conflict outside the familiar space of the nation state. The examples refer to different markets – goods and capital, on the one hand, and services and labour, on the other, and they operate on different scales, the international in one case and the transnational (or regional) in the other. They also focus on qualitatively different governance regimes, which involve different constellations of political and social actors and different relationships between economic and social/political integration. Drawing on Fraser’s discussion of “abnormal justice”, a situation in which the traditional discourse and grammar of justice are being doubted, the paper juxtaposes the case studies in order to highlight three political dilemmas (“what”, “who”, and “how”) that arise in the context of abnormal justice and to illustrate how these dilemmas are interconnected. Although both cases exemplify the “what” question, the paper emphasizes the “who” and “how” dimensions of justice, arguing that if the process for resolving the conflict is fair, inclusive, and dynamically open to challenges, then its outcomes on distributive justice are more likely to be considered legitimate and persuasive.
  • No references.
  • No related research data.
  • No similar publications.

Share - Bookmark

Cite this article