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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 …
Rights-Based Sanctions Procedures, Desiree Leclercq
Rights-Based Sanctions Procedures, Desiree Leclercq
Scholarly Works
Federal agencies are increasingly interpreting international labor rights and imposing a wide array of economic and financial penalties, or “rights-based sanctions,” under various laws and regulations. Congress recently vested the Office of the United States Trade Representative (USTR) with authority to impose targeted rights-based sanctions on foreign factories. USTR has begun administering its new authority with vigor. Policymakers and rights advocates hope that USTR’s enforcement activities will strengthen the protection of workers abroad.
Hidden from view, and thus largely overlooked, are the exclusory procedures that agencies follow when they administer rights-based sanctions. The Treasury Department’s Office of Financial Asset Control …
The Disparate Treatment Of Rights In Trade, Desiree Leclercq
The Disparate Treatment Of Rights In Trade, Desiree Leclercq
Scholarly Works
Rights advocates are increasingly urging U.S. trade negotiators to include new binding and sanctionable provisions that would protect human rights, women’s rights, and gender equality. Their efforts are understandable. Trade agreements have significant advantages as a process for advancing global rights. Even though Congress and the Executive incorporate global environmental standards and labor rights in U.S. trade agreements, they have refused to incorporate gender rights and broader human rights. The rationale behind the United States’ disparate treatment of rights in trade has received almost no scholarly attention. That is a mistake.
Using labor rights as a case study, this Article …
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 …
Ilo Labor Standards And Trade Agreements: A Case For Consistency, Desiree Leclercq, Jordi Agusti-Panareda, Franz Christian Ebert
Ilo Labor Standards And Trade Agreements: A Case For Consistency, Desiree Leclercq, Jordi Agusti-Panareda, Franz Christian Ebert
Scholarly Works
A growing number of trade agreements have taken an important step toward ensuring consistency by referring to - and hence incorporating the legal content of - ILO instruments. On its face, this uniform reference suggests an increasing alignment between the ILO's international labor standards system and the labor provisions included in the various trade agreements. The application of these references in the decentralized trade context needs to be considered carefully, however, as there is a risk of inconsistent practices between agreements.
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, …
A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad
A Comparative Analysis Of Unfair Dismissal Law With Particular Reference To The Law As It Pertains To The South African Worker, Haydn T. Hillestad
LLM Theses and Essays
This paper will begin with an investigation of the activity of the International Labour Organization (ILO) in domestic employment laws. Using this as a yardstick, a comparative analysis of the unfair dismissal laws of the United States and some foreign countries (mainly Western European) will be undertaken. Finally, the issue will be addressed in the South African context. An assessment will be made of the relative quality of the protection afforded workers in South Africa and, using conclusions reached from the comparative study, the validity of calls for a general unfair dismissal statute in the country will be considered.