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Il est bien établi en droit international que le bien des étrangers ne peut être saisi, même à des fins publiques, sans une indemnisation appropriée. Il y a une vingtaine d’années, les différends portés devant les tribunaux et les analyses menées dans les publications universitaires concernaient principalement le niveau d’indemnisation et l’évaluation des biens expropriés. Les divergences de vues entre les pays développés et les pays en développement soulevaient des questions concernant la formation et l’évolution du droit coutumier. Aujourd’hui, l’attitude plus positive des pays à l’égard de l’investissement étranger, observée dans le monde entier, et la prolifération de traités bilatéraux et d’autres accords relatifs à l’investissement exigeant une indemnisation prompte, adéquate et effective de l’expropriation d’investissements étrangers, ont en grande partie ôté toute signification pratique à ce débat pour les investisseurs étrangers.

Les différends ne portent plus sur ...

Ce rapport sur «L’économie sociale au service de l’inclusion au niveau local» a été préparé dans le cadre du projet «L’économie sociale au service de l’inclusion au niveau local» (CFE/LEED (2008)9/REV1). Il est le résultat d’une méthode de travail prévoyant une visite d’étude par région (en Alsace et Provence-Alpes-Côte d’Azur, les visites s’étant déroulées au mois de juin 2009) et de l’analyse de documents de recherche consultés par les experts après les visites.. Les visites ont démontré la grande capacité des acteurs de l’économie sociale à mettre en place des projets dynamiques et innovants. Ce rapport a pour objectif d’évaluer par quels moyens la capacité de l’économie sociale de contribuer à l’inclusion sociale peut être améliorée. Dans cette optique, le rapport identifie les obstacles qui empêchent l’économie sociale de jouer son rôle de manière optimale. Il attire l’attention sur les opportunités susceptibles de permettre à l’économie sociale de mieux réaliser cet objectif.

In recent years, as China’s reform of state–owned enterprises (SOEs) has gathered momentum, the number of workers made redundant has been rising. Until now, the dismissals have affected only a fraction of the “surplus labour”, which has been estimated at 20–25 per cent of total industrial employment in SOEs. If concerns for social stability have so far dictated a gradual approach to SOE restructuring, the heavy fiscal and financial burden of loss–making SOEs has forced an acceleration of the process. Thus, far more sizeable layoffs from state enterprises could be expected in coming years.

The growth of the non–state sector has opened new job opportunities for some SOE laid–off workers. By easing the re–employment of redundant workers, a further development of the non–state sector is an important condition for a smooth restructuring of the state sector. Measures to promote further development of the non–state sector include removing remaining discrimination against the private ...

State-owned enterprise (SOE) restructuring has proceeded more rapidly in Viet Nam than, for example, in China and India. The government tightened the budget constraints facing SOEs virtually simultaneously with price liberalisation. While a large number of mostly small SOEs were liquidated soon after reform began, others were able to adjust through various cost-cutting measures, including sizeable labour force reductions. The government put in place a safety net composed of severance pay and early retirement schemes that, combined with natural attrition, yielded a reduction in the SOE workforce of almost one million people in less than a decade. While the largely voluntary nature of the schemes may have caused some adverse selection and made them more costly than necessary, the benefit has been to avoid social discontent. High private-sector employment growth has been a major contributor to the programme’s success.

Still, the process is not complete. Initial restructuring was ...

Jobs are important in maintaining social cohesion. Employment provides income, but also a sense of self-worth and a meeting place for social interactions that weave the social fabric. With over 200 million unemployed globally, the number of jobs created has taken centre stage, especially in countries hit hard by the economic crisis. And yet, labour relations have become tense in many parts of the world, including those still experiencing economic growth. In 2010, China witnessed a marked increase in strikes, labour disputes and even suicides in the workplace. Understanding the economic and institutional determinants of good labour relations matters for designing and implementing better labour market policies.

The increase in labour disputes in China coincided with the end of the era of surplus labour. While labour was abundant in rural hinterlands, manufacturing firms could rely on cheap labour as migrant workers would still be better off than if they stayed at home. As it became increasingly difficult for manufacturing firms in urban centres and the coastal provinces to recruit labour, wages were bid up throughout the economy. This process however, was all but smooth, as the increase in labour disputes shows. What is needed is a set of labour market institutions that help the transition in labour markets to be not only efficient, but also peaceful and equitable.

This paper by Cai Fan and Wang Meiyan, from the Institute of Population and Labour Economics of the Chinese Academy of Social Sciences, documents the increase in labour disputes in China and seeks to understand their determinants. The main finding is that the increase in disputes is linked to a change in regime in the labour market with the end of surplus labour. The paper therefore calls for further advances in establishing labour market institutions to adapt to the new labour market situation. The paper finds that disputes result from a better awareness of rights on the part of workers and that they are more common in thriving and export-oriented areas. The authors go on to discuss the Chinese government’s responses to the growing problem, from pro-active labour market policy to increasing the importance of collective contracts. In doing so, this paper provides an important building block in the understanding of the role of labour market institutions for social cohesion.

This paper presents the first results of a project initiated in 2004 by the OECD in collaboration with Eurostat and the UNESCO Institute for Statistics, and aimed at developing a regular and internationally comparable production system of indicators on the careers and mobility of doctorate holders. A first data collection was launched in September 2005, from which the results for seven countries are presented here. These data shed light on the main demographic, educational, labour market and mobility patterns of doctoral graduates. They also mark some progress in the understanding of both...

This paper considers how entitlements to paid leave after the birth of children affect female labour market outcomes across countries. Such entitlements are granted for various lengths of time and paid at different rates, reflecting the influence of different objectives including: enhancing children’s wellbeing, promoting labour supply, furthering gender equality in labour market outcomes, as well as budget constraints. Although parental care is beneficial for children, there are concerns about the consequences of prolonged periods of leave for labour market outcomes and gender equality. This paper therefore looks at the long-run consequences of extended paid leave on female, male, and gender differences in prime-age (25-54) employment rates, average working hours, and earnings in 30 OECD countries from 1970 to 2010.

It finds that extensions of paid leave lengths have a positive, albeit small, influence on female employment rates and on the gender ratio of employment, as long as the total period of paid leave is no longer than approximately two years. Additional weeks of leave, however, exert a negative effect on female employment and the gender employment gap. This paper also finds that weeks of paid leave positively affect the average number of hours worked by women relative to men, though on condition – once again – that the total duration of leave does not exceed certain limits. By contrast, the provision of paid leave widens the earnings gender gap among full-time employees.

In mid-2008, high employment and low unemployment rates characterised the Estonian labour market in comparison with the average of the EU15 countries. While aggregate outcomes improved during 2000-07, large inequalities persisted across regions, ethnic groups, and workers with different skill levels. As Estonia entered recession in 2008, the unemployment rate almost doubled between the 2nd and the 4th quarter, and is expected to rise further in 2009 and 2010. More flexible labour markets will be a key adjustment mechanism during the recession as well as in the medium term if Estonia is to become a knowledge-based economy. Given the currency board arrangement and low synchronisation with the euro area, flexibility is also needed to cushion asymmetric shocks. In December 2008, parliament adopted the new Employment Contract Act, deregulating employment protection while increasing income security of the unemployed. This paper discusses options for removing the remaining barriers that impede worker reallocation across jobs, sectors, and regions into more productive activities.

In this paper we present comparative evidence from OECD countries concerning the impact of product and labour market regulations on innovation. While product and labour market policies usually aim at objectives other than innovation, they may have important consequences for the profitability of firms’ innovative strategies. Our regression analysis provides some cross-country evidence that enhancing competition in the product market -- while guaranteeing intellectual property rights -- seems to have a positive impact on the innovation performance of a country. Conversely, the relationship between innovation and job protection does not seem to be univocal. The sign and magnitude of the effect of the latter crucially depends on the systems of industrial relations and the specific characteristics of each industry. Indeed, the larger the scope for resorting to internal labour markets, the lower the adjustment costs imposed by labour market regulation. Moreover, in industries with a ...

This paper explores the link between skill and qualification mismatch and labour productivity using cross-country industry data for 19 OECD countries. Utilising mismatch indicators aggregated from micro-data sourced from the recent OECD Survey of Adult Skills (PIAAC), the main results suggest that higher skill and qualification mismatch is associated with lower labour productivity, with over-skilling and under-qualification accounting for most of these impacts. A novel result is that higher skill mismatch is associated with lower labour productivity through a less efficient allocation of resources, presumably because when the share of over-skilled workers is higher, more productive firms find it more difficult to attract skilled labour and gain market shares at the expense of less productive firms. At the same time, a higher share of under-qualified workers is associated with both lower allocative efficiency and within-firm productivity – i.e. a lower ratio of high productivity to low productivity firms. While differences in managerial quality can potentially account for the relationship between mismatch and within-firm productivity, the paper offers some preliminary insights into the policy factors that might explain the link between skill mismatch and resource allocation.

This paper analyses the age structure of employment rates across OECD countries with a focus on France. The statistical contribution of each age group to total unemployment-rate differentials is also computed. An estimate of the sensitivity of age-specific unemployment rates to the economic cycle is provided for OECD countries. France is one of the OECD countries having the highest dispersion of employment rates across age groups. The “within” component of the 15-29 age group accounts for over half of France’s total unemployment rate differential with best-performing countries. Youth unemployment rate is especially sensitive to cyclical fluctuations in Spain, Belgium and France.

There have been concerns that employment-enhancing reforms along the lines of the 1994 OECD Jobs Strategy could inadvertently lead to increased income inequality and poverty. This paper focuses on the impact of institutions and redistributive policies on inequality and poverty with the view of assessing whether a trade-off between better labour market performance and equity has taken place in OECD countries, notably in the 1990s. During this period, reductions of unemployment have been associated with rising wage dispersion for workers in most OECD countries. Nevertheless, no clear general trend appears for total disposable income inequality and relative poverty among the total population. These developments suggest that gains from higher employment have in general offset the impact of rising wage dispersion. A preliminary econometric analysis for the period 1978- 2000 fails to detect any robust relationship between labour market institutions/policies and inequality as measured by the Gini coefficient. Please note that annexes are only available on the OECD Economics Department Website at: www.oecd.org/eco/Working_Papers.

Labour market reform to improve growth prospects and reduce inequality is a top priority in the face of rapid population ageing and a dualistic labour market. Sustaining output growth requires policies to mitigate the impact of rapid population ageing by increasing labour inputs from under-employed segments of the population. In particular, female labour participation should be encouraged by better work-life balance and increasing the availability of highquality, affordable childcare. More flexible employment and wage systems would increase the age at which older workers leave firms. For young people, improved vocational education at the secondary and tertiary levels would help overcome the labour mismatch and the overemphasis on tertiary education. Labour market dualism creates serious equity concerns, as non-regular workers face significantly lower wages, precarious jobs, less coverage by social security and less training. A comprehensive approach is required to break down dualism, including reduced employment protection for regular workers, alongside improved social insurance coverage and expanded training for non-regular workers. This Working Paper relates to the 2012 OECD Economic Survey of Korea (www.oecd.org/eco/surveys/Korea).

High levels of unemployment and rising social charges have lead to considerable pressure on labour markets to adjust. Major steps in labour market reform have been implemented over the last three years. These need to be followed up in several respects in order to raise the economy’s capacity to generate employment. The present tax and transfer system still implies significant disincentives for labour supply of older people and spouses, which should be eliminated. Unemployment related benefits and active labour market policies can be better geared toward activating the unemployed, while institutional reform of the Public Employment Service should continue. On the labour demand side, there remains scope to raise the efficiency of Germany's employment protection system. Also, provisions should be made to allow for a higher degree of wage flexibility across qualifications and regions to fight unemployment. Regulatory conditions in other parts of the economy interact in important ways with labour market performance, underlining the need for a broad based reform approach. This Working Paper relates to the 2006 OECD Economic Survey of Germany (www.oecd.org/eco/surveys/Germany).

Traditional Japanese labour market practices, which benefited both workers and firms during the highgrowth era, are no longer appropriate in the context of slow economic growth and rapid population ageing. Reforms are needed in light of the upward trend in non-regular employment to break down labour market dualism and to encourage greater labour force participation by women, the elderly and youth. A comprehensive approach that includes improving the social insurance coverage of non-regular workers and upgrading training programmes for them, preventing discrimination against non-regular workers and reducing effective employment protection for regular workers would increase labour market flexibility and human capital. Moreover, such reforms would increase equity across different segments of the labour force. Drawing more women into the labour force requires removing financial disincentives to work, creating more family-friendly workplaces and increasing the availability of childcare. The labour force participation of the elderly should be raised by promoting continuous employment and abolishing mandatory retirement. More effective vocational training is needed for younger workers. This Working Paper relates to the 2011 OECD Economic Survey of Japan (www.oecd.org/eco/surveys/Japan).