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Improving The Enforcement Of Labour Standards In The Eus Free Trade Agreements
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Book Synopsis Improving the Enforcement of Labour Standards in the EU's Free Trade Agreements by : Marco Bronckers
Download or read book Improving the Enforcement of Labour Standards in the EU's Free Trade Agreements written by Marco Bronckers and published by . This book was released on 2018 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: For several years now, the European Parliament has been calling for better enforcement of environmental and labour provisions in the EU's FTAs. Recently, the topic entered the political limelight within Member States. Private stakeholders and academic observers have pointed out weaknesses in the EU's enforcement record as well. These enforcement weaknesses have undermined the confidence of civil society and other stakeholders in the ability of the EU to promote sustainable development through its FTAs and have thus weakened support for these trade liberalisation initiatives. In response to this societal pressure, the European Commission issued two non-papers, in 2017 and 2018. The Commission envisages several improvements in the implementation of FTA sustainability chapters. Some of its proposals are worthwhile indeed. For example, the Commission emphasises the need for more transparency of its enforcement actions. Most attention, though, has been devoted to the question of whether infringements of the sustainability chapters in the FTAs should be subject to (trade) sanctions. Ultimately, the Commission maintains its view that this is not desirable. No attention is given in these Commission papers to the rather more pressing issue, in our view, of an effective private complaints procedure. This is the focus of our paper. Rather than an absence of trade action at the end of an investigation, the main problem in the enforcement of the EU's sustainability chapters to us seems to be a lack of timely opening and pursuit of investigations following well-documented complaints of private stakeholders. In developing our proposal, we will refer in particular to the enforcement of labour standards included in the FTAs.
Book Synopsis Trade and Labour Standards by : Anthony Forsyth
Download or read book Trade and Labour Standards written by Anthony Forsyth and published by Cambridge Scholars Publishing. This book was released on 2018-11-21 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mega-regional agreements have recently stirred controversy, producing a clash between the founding principles of liberalisation and protectionism, giving rise to competence issues between the European Union and its Member States. Although scholarly work has focused for years on the controversial “social clause”, it is now worth carrying out a detailed, legal analysis of the labour standards contained in the mega-regional trade agreements adopted and negotiated by the EU and the US. The topic gives rise to much controversy, as it is influenced by political convictions and election results. For this reason, it poses one of the most significant challenges to international labour law. Based on these considerations, this book examines the social dimension of three of the most relevant mega-regional trade agreements, namely TTP, CETA, and TTIP. It is argued that trade liberalisation should be accompanied by progress in the social and labour field.
Book Synopsis Free Trade Agreements and Global Labour Governance by : Adrian Smith
Download or read book Free Trade Agreements and Global Labour Governance written by Adrian Smith and published by Routledge. This book was released on 2020-09-07 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the contentious relationship between trade and labour, this book looks at the impact of the EU’s ‘new generation’ free trade agreements on workers. Drawing upon extensive original research, including over 200 interviews with key actors across the EU and its trading partners, it considers the effectiveness of the trade-labour linkage in an era of global value chains. The EU believes trade can work for all, claiming that labour provisions in its free trade agreements ensure that economic growth and high labour standards go hand-in-hand. Yet whether these actually make a difference to workers is strongly contested. This book explains why labour provisions have been profoundly limited in the EU’s agreements with the CARIFORUM group, South Korea and Moldova. It also shows how the provisions were mismatched with the most pressing workplace concerns in the key export industries of sugar, automobiles and clothing, and how these concerns were exacerbated by the agreements’ commercial provisions. This pioneering approach to studying the trade-labour linkage provides insights into key debates on the role of civil society in trade governance, the relationship between public and private labour regulation, and the progressive possibilities for trade policy in the twenty-first century. This book will appeal to research scholars, post-graduate students, trade policy practitioners, policy researchers allied to labour movements, and informed activists.
Book Synopsis Labour Standards in International Economic Law by : Henner Gött
Download or read book Labour Standards in International Economic Law written by Henner Gött and published by Springer. This book was released on 2018-02-21 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book offers a comprehensive perspective on the highly topical issue of protecting and promoting labour standards in international economic law and the globalized economy. For the purpose of an in-depth analysis of both the specific and the fundamental aspects in this regard, it combines views from specialized academics of the legal and political sciences as well as experienced practitioners. The contributions to this book do not only reveal recurring obstacles but also point at best practices and potential for synergies, providing important guidance for future research and practice in international economic and labour law and policy.
Book Synopsis Assessment of Labour Provisions in Trade and Investment Arrangements by : International Labor Office
Download or read book Assessment of Labour Provisions in Trade and Investment Arrangements written by International Labor Office and published by International Labor Office. This book was released on 2016 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly half of trade agreements concluded in the past five years included either a labor chapter or labor provision that makes reference to international labor standards and ILO instruments. The evidence so far suggests that labor provisions have been an important tool for raising awareness and improving laws and legislations with respect to workers' rights, increasing stakeholder involvement in negotiation and implementation phases, and developing domestic institutions to better monitor and enforce labor standards. But challenges remain, particularly with respect to sustainability of impacts, coherence, and cooperative efforts. This new report, part of the Studies on Growth with Equity series, gives a full examination of the scope and effectiveness of these labor provisions.
Book Synopsis Transformations of Work: Challenges for the Institutions and Social Actors by : Giuseppe Casale
Download or read book Transformations of Work: Challenges for the Institutions and Social Actors written by Giuseppe Casale and published by Kluwer Law International B.V.. This book was released on 2019-02-15 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Market volatility and uncertainty have put welfare and social security policies back centre stage and point up the need for closer links with employment policy. The inability of existing income support systems to respond to the increasing fragmentation of people's working careers, the needs of people in difficulty, and the spread of various forms of poverty calls for well-coordinated and efficient responses. This volume highlights the best practices in the various regions of the world in the contexts of international and EU labour law, industrial relations, and social security. Authoritative reports by leading scholars of labour law and social security – originally presented at the twenty-second World Congress of the International Society for Labour and Social Security Law (ISLSSL) held in Turin in September 2018 – cover the following research themes in depth: – informal workers; – migrant workers; – global trade and labour; – organization, productivity, and well-being at work; – transnational collective agreements; – new forms of social security; and – the role of the State and industrial relations. In its insistence that, despite the radical changes in the world of work and business brought about by globalization and digital technologies, the decisions of institutions and public and private actors can lead to a more coherent system of international economic and social governance, this timely volume shows the way forward. Practitioners, policymakers, and scholars in the relevant fields will bene_ t immeasurably from its expert analyses and recommendations.
Book Synopsis Governing Labour Standards Through Free Trade Agreements by : James Harrison
Download or read book Governing Labour Standards Through Free Trade Agreements written by James Harrison and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has established a new architecture of international labour standards governance within the Trade and Sustainable Development (TSD) chapters of its Free Trade Agreements (FTAs). To examine the operationalization of this framework, we draw upon 121 interviews undertaken with key informants in three FTAs signed with the Caribbean, South Korea and Moldova. We engage with wider debates over external governance and the projection of EU power by showing how operational failings, including a lack of legal and political prioritization of TSD chapters and shortcomings in the implementation of key provisions, have hindered the impact of the FTAs upon labour standards. We also identify significant limitations to the EU's 'common formulation' approach when applied to different trading partner contexts, alongside ambiguities about the underlying purpose of the trade-labour linkage. Reflection about the function and purpose of labour standards provisions in EU trade policy is therefore required.
Book Synopsis Core Labour Standards and International Trade by : Kofi Addo
Download or read book Core Labour Standards and International Trade written by Kofi Addo and published by Springer. This book was released on 2014-11-24 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the labour standards provisions in a number of Regional and Bilateral Trade Agreements, and assesses the potential of using the relevant clauses in these trade agreements as a benchmark for a multilateral approach. Based on the lessons learned from the Regional model, the book proposes a Global Labour and Trade Framework Agreement (GLTFA) combined with a joint ILO/WTO enforcement mechanism to resolve the contentious issue of the link between the CLS and international trade. The history of the linkage between the Core Labour Standards (CLS) and international trade dates back roughly 150 years, and has recently become one of the most vexing issues facing policy-makers. At the heart of the debate is the question whether or not trade sanctions should be imposed on countries that do not respect the CLS as embodied in multilateral conventions administered by the International Labour Organization (ILO). Concretely, this would entail inserting a social clause in the World Trade Organization (WTO) rules, and would trigger the imposition of sanctions on those countries that do not adhere to the CLS.
Book Synopsis International Labor Standards and International Trade by : Mr.Stephen S. Golub
Download or read book International Labor Standards and International Trade written by Mr.Stephen S. Golub and published by International Monetary Fund. This book was released on 1997-04-01 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper reviews controversies regarding linkage of international trade and labor standards. Pressures for international harmonization of labor standards arise in the context of increased trade between countries with large disparities in wages, and also reflect the history of labor standards. A critical distinction is made between standards related to fundamental human rights and those related to employment conditions. The main conclusion is that trade sanctions to enforce labor standards should not be an option, but that international agreements on core labor standards, with voluntary compliance, may, apart from being worthwhile on ethical grounds, defuse calls for protection.
Book Synopsis Dispute Settlement for Labour Provisions in EU Free Trade Agreements: Rethinking Current Approaches by : Axel Marx
Download or read book Dispute Settlement for Labour Provisions in EU Free Trade Agreements: Rethinking Current Approaches written by Axel Marx and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: While labour provisions have been inserted in a number of EU free trade agreements (FTAs), extant clauses are widely perceived as ineffective. This article argues that there is a need to rethink the dispute settlement mechanisms related to labour provisions if their effectiveness is to be increased. It proceeds in three steps. First, we look at the current state of the art of labour provisions in EU FTAs in terms of legal design and practice and argue that the current arrangements are ill-equipped to foster compliance with labour standards. Second, we explore avenues to enhance the design of FTA labour provisions by reconsidering basic elements of the dispute settlement structure. Examining US FTA labour provisions, we highlight the importance of a formal complaint mechanism, on the one hand, and the availability of economic sanctions, on the other. Based on a review of existing practice, we contend, however, that these elements alone are not sufficient to effectively enforce FTA l
Book Synopsis Effective Enforcement of EU Labour Law by : Zane Rasnaca
Download or read book Effective Enforcement of EU Labour Law written by Zane Rasnaca and published by Bloomsbury Publishing. This book was released on 2022-08-11 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.
Book Synopsis Labour Laws and Global Trade by : B. A. Hepple
Download or read book Labour Laws and Global Trade written by B. A. Hepple and published by Hart Publishing. This book was released on 2005-03-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.
Book Synopsis International Trade and Core Labour Standards by : OECD
Download or read book International Trade and Core Labour Standards written by OECD and published by OECD Publishing. This book was released on 2000-10-10 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a current overview of key issues with respect to core labour standards and their relation to trade and employment
Book Synopsis Working Beyond the Border? A New Research Agenda for the Evaluation of Labour Standards in EU Trade Agreements by : Liam Campling
Download or read book Working Beyond the Border? A New Research Agenda for the Evaluation of Labour Standards in EU Trade Agreements written by Liam Campling and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has approximately 50 bilateral trade agreements in place with partners across the world, and more than 20 more that are at various stages of the negotiating process. These trading arrangements comprise an ever-increasing amount of the EU's trade with partner countries - over half its total external trade. At the same time, the EU has also embraced a more ambitious kind of agreement which has moved far beyond the reduction of tariff barriers and has involved the inclusion of a wider range of regulatory measures. In its recent trade agreements, the EU has included a 'Trade and Sustainable Development' chapter, which has, among other things, contained obligations in relation to labour standards. These labour standards provisions follow a common model (with limited variations) and adopt an approach which has been described as 'promotional' rather than 'conditional'. This paper examines the progressive possibilities and potential limitations of the EU's new provisions on labour standards, in the context of the broader debate about the purpose and efficacy of labour and trade linkage. The review also highlights the limited empirical research on the impact of labour standards 'on the ground' in different countries with respect to different types of agreements, and why this is problematic. The paper then makes proposals for a research agenda that can fill this gap, involving fieldwork in countries now subject to this new breed of EU bilateralism, thus exploring externalisation from the outside-in.
Book Synopsis Promoting Core Labour Standards and Improving Global Social Governance by : Tonia Novitz
Download or read book Promoting Core Labour Standards and Improving Global Social Governance written by Tonia Novitz and published by . This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Labour Standards in the Globalized Economy by : Erika De Wet
Download or read book Labour Standards in the Globalized Economy written by Erika De Wet and published by . This book was released on 1994 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Labour Rights Protection in EU Trade Agreements by : Isabella Mancini
Download or read book Labour Rights Protection in EU Trade Agreements written by Isabella Mancini and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The orthodox rationale for labour standards provisions in EU free trade agreements (FTAs) finds its origin in the EU's ambition to promote human rights abroad, especially in developing and least developed countries. Based on this understanding, legal and empirical evaluations of labour standards provisions have generally criticised their lack of effectiveness and enforceability, while reinforcing the mainstream belief among policy- and law-makers that trade agreements “can only do so much”. This chapter challenges this statement by questioning the traditional rationale for including provisions on labour rights in EU FTAs. It argues that the present context of far-reaching trade agreements with other developed countries requires a new understanding of the nexus between trade and labour rights. EU FTAs should reflect an appreciation of how their wide scope might have an impact on labour rights protection. This perspective allows us to envisage provisions that can introduce safeguards for labour rights, rather than considering them an extrinsic issue concerning the trading partner alone.
