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COMPLIANCE AND COMPROMISE:
THE JURISPRUDENCE OF GENDER PAY EQUITY
by
Cher Weixia Chen
A Dissertation Presented to the
FACULTY OF THE GRADUATE SCHOOL
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
DOCTOR OF PHILOSOPHY
(POLITICS AND INTERNATIONAL RELATIONS)
December 2008
Copyright 2008 Cher Weixia Chen
Object Description
| Title | Compliance and compromise: the jurisprudence of gender pay equity |
| Author | Chen, Cher Weixia |
| Author email | weixiach@usc.edu; cherweixiachen@gmail.com |
| Degree | Doctor of Philosophy |
| Document type | Dissertation |
| Degree program | Politics & International Relations |
| School | College of Letters, Arts and Sciences |
| Date defended/completed | 2008-06-13 |
| Date submitted | 2008 |
| Restricted until | Unrestricted |
| Date published | 2008-12-02 |
| Advisor (committee chair) | Renteln, Alison Dundes |
| Advisor (committee member) |
Rosen, Stanley Cooper, Eugene |
| Abstract | This dissertation examines the status of one of the core international labor standards-gender pay equity in international law. It explores how domestic legislative and judicial systems respond to the core ILO Convention No. 100 on Equal Remuneration, with the hope of unraveling under what circumstance legislative and judicial compliance occurs. The "transnational legal process" theory (which consists of three elements: internalization, interpretation and interaction) is employed to explain the phenomenon of "compliance".; The domestic jurisprudence on gender pay equity has gone a long way from "equal pay for equal work", to "equal pay for similar work", and to "equal pay for work of comparable worth". Although there is a trend in the developed countries to encompass a broad principle of equal pay, as defined in the Convention, the majority of the developing countries still struggle to do that.; The current international law on gender pay equity has achieved a general acceptance and compliance. However, the ILO conventions on equal pay are ahead of reality and far from being reflected in actual practice. General international labor standards on gender pay equity are still vague and incomprehensible to the public. In general, state's compliance with the international treaty does occur in the area of gender pay equity, but with compromise in terms of the concept of "equal pay for equal work and work of equal value", the scope of "remuneration", and "the establishment of an objective job appraisal method". To eliminate the gender wage gap, only a comprehensive legislative approach is likely to succeed. |
| Keyword | compliance; transnational legal process; equal pay; gender; labor; international law; human rights |
| Coverage date | after 1951 |
| Language | English |
| Part of collection | University of Southern California dissertations and theses |
| Publisher (of the original version) | University of Southern California |
| Place of publication (of the original version) | Los Angeles, California |
| Publisher (of the digital version) | University of Southern California. Libraries |
| Provenance | Electronically uploaded by the author |
| Type | texts |
| Legacy record ID | usctheses-m1859 |
| Rights | Chen, Cher Weixia |
| Repository name | Libraries, University of Southern California |
| Repository address | Los Angeles, California |
| Repository email | http://www.usc.edu/isd/libraries/services/ask_a_librarian/email/ |
| Filename | etd-chen-2508 |
| Archival file | uscthesesreloadpub_Volume32/etd-chen-2508.pdf |
Description
| Title | Page 1 |
| Full text | COMPLIANCE AND COMPROMISE: THE JURISPRUDENCE OF GENDER PAY EQUITY by Cher Weixia Chen A Dissertation Presented to the FACULTY OF THE GRADUATE SCHOOL UNIVERSITY OF SOUTHERN CALIFORNIA In Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY (POLITICS AND INTERNATIONAL RELATIONS) December 2008 Copyright 2008 Cher Weixia Chen |
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