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Articles 1 - 7 of 7
Full-Text Articles in Labor and Employment Law
Strengthening Labor Rights In Trans Pacific Partnership Agreement: A Lost Opportunity?, Desiree Leclercq, Karen Curtis
Strengthening Labor Rights In Trans Pacific Partnership Agreement: A Lost Opportunity?, Desiree Leclercq, Karen Curtis
Scholarly Works
This Chapter was initially drafted during the Obama Administration. The Trans-Pacific Partnership Agreement (TPP) had been negotiated and, although it had not yet been ratified in the United States, the Administration and majority of policymakers were in favor of its implementation. Since that time, the United States Administration changed and the United States withdrew from participation in the TPP. While unfortunate, the Administration’s political decision to withdraw from the TPP does not come as a surprise; an examination of the negotiating history of those provisions illuminates a stark political divide within the United States, even prior to the change in …
A Worker-Centered Trade Policy, Desiree Leclercq
A Worker-Centered Trade Policy, Desiree Leclercq
Scholarly Works
What is a “worker-centered” trade policy? The Biden administration claims that it means protecting all workers—foreign and American—from exploitative working conditions in trade sectors. The administration’s vigorous enforcement of international labor rights suggests a significant departure from previous U.S. trade priorities centered on domestic interests. For economic and humanitarian reasons, various policymakers and scholars celebrate these developments. They optimistically assume that the administration’s new trade policy will influence foreign governments and facilities to comply with international labor rights in trade if the costs of noncompliance outweigh the benefits. They also assume that the policy will influence compliance with strong labor …
Outsourcing Enforcement, Desiree Leclercq
Outsourcing Enforcement, Desiree Leclercq
Scholarly Works
International organizations often outsource the enforcement of international law to their member states. The International Labor Organization (ILO), for instance, has neither its own adjudicative body nor an internal system of sanctions. Instead, the ILO’s maritime rules authorize states to impose costly retributive measures against noncompliant states. Conventional scholars are optimistic that these kinds of authorizations will strengthen otherwise toothless international law. During the COVID-19 pandemic, however, states neither followed nor enforced the ILO’s rules, harming hundreds of thousands of seafarers in the process.
Where has international law gone wrong? Challenging the conventional view, this Article unearths the state-centric drawbacks …
A Rules-Based Approach To Jam’S Restrictive Immunity: Implications For International Organizations, Desiree Leclercq
A Rules-Based Approach To Jam’S Restrictive Immunity: Implications For International Organizations, Desiree Leclercq
Scholarly Works
U.S. jurisprudence has granted international organizations immunity from suit, even when they carry out operations that violate U.S. rules. In the recent Jam v. Int’l Fin. Corp., the Supreme Court reversed this jurisprudence and restricted the immunity of international organizations. Jam is a landmark decision, but the Court’s failure to address critical questions concerning the scope and meaning of its restricted immunity has led to legal uncertainty and criticism. Under both predominant theories in the international organization discourse – functionalism and constitutionalism – scholars predict that Jam will have a deleterious impact on international organizations. Given the theories’ emphasis on …
Strengthening The Southern African Development Community: A Critique Of The International Labor Organization's Development Assistance In Swaziland And Zimbabwe, Desiree Leclercq
Strengthening The Southern African Development Community: A Critique Of The International Labor Organization's Development Assistance In Swaziland And Zimbabwe, Desiree Leclercq
Scholarly Works
Insufficient labor policies contribute to poverty, while those poverty conditions contribute to limited employment opportunities and labor rights abuses. Traditional multilateral lending institutions, such as the World Bank and the International Monetary Fund, provide development aid but tend to treat labor policies as incompatible with efficient market functioning. The International Labor Organization (ILO), on the other hand, provides development assistance specifically targeting labor policies. Unlike traditional lending institutions, the ILO's assistance imposes no conditions. Instead, the ILO's mandate requires it to design its programs in consultation with the recipient country's government and social partners.
This article studies the ILO's assistance …
Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq
Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq
Scholarly Works
The International Labour Organization (“ILO”) turns 100 years old in 2019, and is accordingly one of the oldest international organizations. Its mandate to promote decent work through standard-setting and norm supervision has been challenged by rapid changes in the world of work brought on by globalization, technological advancements, and an increasingly migratory workforce. These changes require the ILO to maintain a flexible system of norm creation and rulemaking that can adapt just as rapidly.
To ensure a flexible system, the ILO should be able to revise its instruments in a sufficiently responsive time. The ILO’s rule to amend its instruments, …
Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird
Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird
Scholarly Works
There is no question but that current policy in the United States comes down heavily on the side of management flexibility in the area of economic decisionmaking. The question is: should that be changed?