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Full-Text Articles in Law

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen J. Powell, Trisha Low Jan 2012

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen J. Powell, Trisha Low

UF Law Faculty Publications

As World Trade Organization ("WTO") Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade's huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade's adverse effects. Employing the perspectives both of trade negotiators and ...


Corporate Social Responsibility And Workers’ Rights, Lance A. Compa Oct 2008

Corporate Social Responsibility And Workers’ Rights, Lance A. Compa

Articles and Chapters

[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 ...


Toward A Vibrant Peruvian Middle Class: Effects Of The Peru-United States Free Trade Agreement On Labor Rights, Biodiversity, And Indigenous Populations, Stephen J. Powell, Paola A. Chavarro Jan 2008

Toward A Vibrant Peruvian Middle Class: Effects Of The Peru-United States Free Trade Agreement On Labor Rights, Biodiversity, And Indigenous Populations, Stephen J. Powell, Paola A. Chavarro

UF Law Faculty Publications

Past research confirms that trade and human rights are inextricably linked by trade's effects on poverty, labor, women, indigenous populations, health, and the environment. We identified surprisingly direct linkages between these two vital policies in WTO agreements as well as that regional trade agreements add positive indirect contributions by to rules-based governance through their emphasis on transparency, accountability, and due process by governments, as well as timeliness, inclusive record keeping, and impartiality in the administrative decisional process. The present research examines a particular country and a single trade agreement, Peru and the trade agreement between Peru and the United ...


Sexual Labor And Human Rights, Berta E. Hernández-Truyol, Jane E. Larson Jan 2006

Sexual Labor And Human Rights, Berta E. Hernández-Truyol, Jane E. Larson

UF Law Faculty Publications

In this Article, we engage the current human rights debate that dichotomizes prostitution either as a modern form of slavery or as the exercise of the right to work. This framework effectively sets up a coercion/consent polarity. These poles raise fundamental human rights issues; both the prohibition against slavery and the right to work are matters addressed by and central to the international human rights paradigm. Yet we argue in this Article that the human rights issues raised by prostitution cannot properly be studied nor moved towards meaningful resolution in the context of the prevailing polarity. Prostitution in its ...


Core Labour Rights: Promise And Peril, Lance A. Compa Jan 2002

Core Labour Rights: Promise And Peril, Lance A. Compa

Articles and Chapters

The rush to core labour standards invites the response that other workers' concerns are not worthy of equal standing and advocacy.


Nafta's Labor Side Accord: A Three-Year Accounting, Lance A. Compa Jul 1997

Nafta's Labor Side Accord: A Three-Year Accounting, Lance A. Compa

Articles and Chapters

[Excerpt] Any number of idealized "social charters" with universal standards and swift, powerful enforcement powers could be drafted by critics of the labor side agreement. But the NAALC was negotiated by sovereign governments with clashing business, labor, and political concerns. The result is a hybrid agreement, one that preserves sovereignty but creates mutual obligations and combines broad cooperation and consultation programs alongside contentious review, evaluation, and dispute resolution mechanisms. Most of all, the NAALC promotes engagement on labor rights and labor standards in an experiment not tested in any other international forum.


...And The Twain Shall Meet?, Lance A. Compa Jan 1995

...And The Twain Shall Meet?, Lance A. Compa

Articles and Chapters

[Excerpt] No country or company should gain a commercial edge in international trade by jailing or killing union organizers, crushing independent union movements, or banning strikes. Gaining an advantage in labor costs should not depend on exploiting child labor or forced labor, or discriminating against women or oppressed ethnic groups. Deliberately exposing workers to life-threatening safety and health hazards, or holding wages and benefits below livable levels should not be permissible corporate strategies. But these are exactly the abuses that happen all too often in a rapidly globalized world trading system based on "free trade."


International Labor Rights And The Sovereignty Question: Nafta And Guatemala, Two Case Studies, Lance A. Compa Oct 1993

International Labor Rights And The Sovereignty Question: Nafta And Guatemala, Two Case Studies, Lance A. Compa

Articles and Chapters

[Excerpt] Labor rights advocates in the United States and allied organizations abroad attempting to establish international fair labor standards run up against traditional notions of sovereignty in formulating national labor policies and development strategies. In the same way that entrenched sovereignty principles gradually yielded to international human rights claims after World War E, sovereignty is now being challenged by claims of international laborrights in the field of employment standards and industrial relations.

This Article seeks to illuminate this challenge to sovereignty in two case studies of labor rights advocacy. Part I sets the stage with an overview of the ...


Stop Sending Mixed Signals To General Pinochet, Lance A. Compa Jan 1988

Stop Sending Mixed Signals To General Pinochet, Lance A. Compa

Articles and Chapters

[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.