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Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Kish Parella
In many industries, corporations have changed the organization of their production from a vertically integrated model to a model that is often characterized by outsourcing-shifting business activities to external parties -and offshoring, where production occurs at sites overseas. The global value chain (GVC) for an American corporation often involves several tiers of suppliers. One end of the GVC is often occupied by a multinational buyer (MNB), such as a large brand name corporation. At the opposite end of the value chain are the factories, farms, and other production sites that supply multinational corporations with their goods. This organization of production …
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Introduction: The Enduring Power Of Collective Rights, In Labor Law Stories, Catherine L. Fisk, Laura J. Cooper
Catherine Fisk
No abstract provided.
Coming Together For Human Rights, Lance A. Compa
Coming Together For Human Rights, Lance A. Compa
Lance A Compa
Trade unionists and human rights advocates started analysing antiunion tactics as violations of international human rights standards. They decided to reargue American labour law on a human rights foundation
Movimientos Obreros Y Por Los Derechos Humanos En América Latina: Convergencia, Divergencia Y Consecuencias Para La Promoción De Los Derechos Económicos, Sociales Y Culturales [Labor Movements And Human Rights In Latin America: Convergence, Divergence, And The Implications For The Promotion Of Economic, Social And Cultural Rights], Maria Lorena Cook
Maria Lorena Cook
[Excerpt] Los derechos propios del trabajo forman parte de los derechos humanos hace mucho tiempo y gozan del reconocimiento de pactos internacionales. La Declaración Universal de Derechos Humanos, adoptada por la Organización de las Naciones Unidas, en 1948, enumera los derechos a condiciones de trabajo justas y favorables; a igual remuneración por trabajo de igual valor; a una remuneración equitativa y favorable, y a formar sindicatos y afiliarse a ellos. El Pacto Internacional de Derechos Civiles y Políticos (PIDCP) incluye los derechos a la libertad de asociación y a formar sindicatos y afiliarse a ellos. El Pacto Internacional de Derechos …
Do International Freedom Of Association Standards Apply To Public Sector Labor Relations In The United States?, Lance A. Compa
Do International Freedom Of Association Standards Apply To Public Sector Labor Relations In The United States?, Lance A. Compa
Lance A Compa
[Excerpt] After November 2010 elections in the United States, human rights aspects of labor policy suddenly emerged at sub-federal levels. Elections in many states brought a sharp turn to conservative Republican rule. In this new climate, conflicts over workers’ rights took shape not at the ozone layer of high international policy, but at the oozing landfill level of local labor politics. Governors and legislatures in Wisconsin, Ohio, Florida, Michigan, and other states moved to strip public employees of collective bargaining rights, blaming their wages and benefits for budget shortfalls. A vindictive North Carolina legislature made it unlawful for public school …
Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt
Human Rights, Regulation, And National Security, Katina Michael, Simon Bronitt
Professor Katina Michael
Law disciplines technology, though it does so in a partial and incomplete way as reflected in the old adage that technology outstrips the capacity of law to regulate it. The rise of new technologies poses a significant threat to human rights – the pervasive use of CCTV (and now mobile CCTV), telecommunications interception, and low-cost audio-visual recording and tracking devices (some of these discreetly wearable), extend the power of the state and corporations significantly to intrude into the lives of citizens.
Trade Unions And Human Rights, Lance Compa
Trade Unions And Human Rights, Lance Compa
Lance A Compa
[Excerpt] In the 1990s the parallel but separate tracks of the labor movement and the human rights movement began to converge. This chapter examines how trade union advocates adopted human rights analyses and arguments in their work, and human rights organizations began including workers' rights in their mandates. The first section, "Looking In," reviews the U.S. labor movement's traditional domestic focus and the historical absence of a rights-based foundation for American workers' collective action. The second section, "Looking Out," covers a corresponding deficit in labor's international perspective and action. The third section, "Labor Rights Through the Side Door," deals with …
Corporate Social Responsibility And Workers’ Rights (Chinese), Lance Compa
Corporate Social Responsibility And Workers’ Rights (Chinese), Lance Compa
Lance A Compa
[Excerpt] Corporate social responsibility (CSR) brings an important dimension to the global economy. CSR can enhance human rights, labor rights, and labor standards in the workplace by joining consumer power and socially responsible business leadership—not just leadership in Nike headquarters in Oregon or Levi Strauss headquarters in California, but leadership in trading house headquarters in Taiwan and Hong Kong, and leadership at the factory level in Dongguan and Shenzhen. Ten years ago, I would not have said this. I viewed corporate social responsibility and corporate codes of conduct as public relations maneuvers to pacify concerned consumers. Behind a facade of …
Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa
Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa
Lance A Compa
[Excerpt] Labor rights advocacy is the most direct challenge to the primacy of a marketplace ideology in which efficiency and profit are the highest values. Labor rights advocates promote values of fairness, justice, and solidarity in global commerce. The battle to achieve enforceable hard law that protects workers' rights in the global economy is an important contribution to the labor movement's revitalization. Can a beleaguered movement take on multinational companies and the governments that appease them on these varied international grounds when there is so much still to do on organizing, collective bargaining, and domestic political action? There really is …
Works In Progress: Constructing The Social Dimension Of Trade In The Americas, Lance A. Compa
Works In Progress: Constructing The Social Dimension Of Trade In The Americas, Lance A. Compa
Lance A Compa
[Excerpt] This paper reviews labor rights in the trade arrangements of four regional and binational settings in the Americas: • the North American Free Trade Agreement (NAFTA) among Canada, Mexico and the United States; • the Common Market of the South (Mercosur) among Argentina, Brazil, Paraguay and Uruguay; • the Canada-Chile Free Trade Agreement (CCFTA); and • the Caribbean Community (Caricom) embracing several island nations in a common market. The labor rights agreements, charters and declarations examined here are at different levels of development and experience. They are "works in progress," just beginning to experiment with the central challenge of …
Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix
Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix
Mark Rix
This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting genuine …
What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael
What Does Kosovo Teach Us About Using Human Rights Law To Prosecute Corruption Offences?, Bryane Michael
Bryane Michael (bryane.michael@stcatz.ox.ac.uk)
If a patient must pay a bribe to obtain life-saving surgery, does the doctor’s solicitation of a bribe represent a violation of the victim’s human rights? This paper explores the ways in which anti-corruption practitioners can look to various provisions in human rights law in order to prevent or prosecute corruption-related offences. We use Kosovo as a case study because its constitution gives direct effect to the major international human rights conventions. We find -- using Kosovo as a case study -- that some types of corruption lead to separately prosecutable human rights offences. We also find that pre-existing violations …
Should Labor Defend Worker Rights As Human Rights? A Debate, Jay Youngdahl, Lance A. Compa
Should Labor Defend Worker Rights As Human Rights? A Debate, Jay Youngdahl, Lance A. Compa
Lance A Compa
The authors debate the relative merits and drawbacks of defining the labor movement under the umbrella of human rights, and the virtues of the rights of the individual versus the solidarity of the community.
Stop Sending Mixed Signals To General Pinochet, Lance A. Compa
Stop Sending Mixed Signals To General Pinochet, Lance A. Compa
Lance A Compa
[Excerpt] We should not apologize for U.S. enforcement of the new labor rights laws against Chile. Critics have attacked them as "backdoor protectionism" aimed at keeping out foreign products. U.S. unionists, though, report a genuine enthusiasm among their rank-and-file members, not for the prospect of shutting out foreign goods but the hope of better pay and working conditions for their foreign counterparts.
Corporate Social Responsibility And Workers’ Rights, Lance A. Compa
Corporate Social Responsibility And Workers’ Rights, Lance A. Compa
Lance A Compa
[Excerpt] Corporate social responsibility (CSR) brings an important dimension to the global economy. CSR can enhance human rights, labor rights, and labor standards in the workplace by joining consumer power and socially responsible business leadership—not just leadership in Nike headquarters in Oregon or Levi Strauss headquarters in California, but leadership in trading house headquarters in Taiwan and Hong Kong, and leadership at the factory level in Dongguan and Shenzhen. Ten years ago, I would not have said this. I viewed corporate social responsibility and corporate codes of conduct as public relations maneuvers to pacify concerned consumers. Behind a facade of …
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle
Eric A. Engle
Examines the extraterritorial application of U.S. criminal law in the context of corporations.