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2002

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Pursuing International Labour Rights In U.S. Courts: New Uses For Old Tools, Lance A. Compa Apr 2002

Pursuing International Labour Rights In U.S. Courts: New Uses For Old Tools, Lance A. Compa

Articles and Chapters

Filing lawsuits in U.S. federal and state courts for workers’ rights violations suffered by workers employed by American corporations abroad is one of several strategies for promoting labour rights. Other strategies include use of labour rights mechanisms in GSP laws, in regional trade agreements like NAFTA and Mercosur, in corporate codes of conduct, in the ILO and other venues. To succeed, such suits must first overcome the strong presumption against extraterritorial effect of U.S. law. Other jurisdictional hurdles like “inconvenient forum” also require caution in bringing suits. However, several cases using common law tort and contract theories as ...