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[Review Of The Book International Labour Standards And Economic Interdependence], Gary S. Fields Nov 2011

[Review Of The Book International Labour Standards And Economic Interdependence], Gary S. Fields

Gary S Fields

[Excerpt] What can be done to raise the living standards of working people around the world? This collection of 29 essays focuses on an issue currently in the air: the setting of international labor standards. Although the writers come from every continent and represent employers, workers, government, and academia, virtually all favor international labor standards. One should perhaps not be too surprised by this agreement, given that the volume is published under the auspices of the International Institute for Labour Studies, a sister organization of the ILO. Things get interesting when the authors stop lamenting how tough conditions are for …


Trade Unions And Human Rights, Lance Compa Apr 2011

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 …


Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa Apr 2011

Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa

Lance A Compa

[Excerpt] In a 2002 study, the US Government Accountability Office reported that more than 32 million workers in the United States lack protection of the right to organise and to bargain collectively. But since then, the situation has worsened. A series of decisions by the federal authorities under President George Bush has stripped many more workers of organising and bargaining rights. The administration took away bargaining rights for hundreds of thousands of employees in the new Department of Homeland Security and the Defense Department.18 In the years before the 2009 change of administration, a controlling majority of the five-member National …


Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa Feb 2011

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 Feb 2011

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 …


El Acuerdo De Cooperación Laboral Del Tratado De Libre Comercio De América Del Norte: ¿Dimensión Social O Decepción Social?, Lance A. Compa Feb 2011

El Acuerdo De Cooperación Laboral Del Tratado De Libre Comercio De América Del Norte: ¿Dimensión Social O Decepción Social?, Lance A. Compa

Lance A Compa

[Excerpt] En este país los sindicatos continúan criticando los puntos débiles del Acuerdo, especialmente la exclusión de asuntos referentes a la sindicalización, la negociación y las huelgas, los mecanismos de solución de controversias, y la carencia de soluciones ejecutorias bajo el ACL. Al mismo tiempo, se han dado cuenta de que resulta un foro muy útil para exponer casos de violaciones de los derechos de los trabajadores por parte de corporaciones multinacionales que operan en el marco del TLC. Con ello intentan promover una presión popular dirigida a detener la ampliación del TLC a Chile y el resto de América …


[Review Of The Book From Consent To Coercion: The Assault On Trade Union Freedoms], Lance A. Compa Feb 2011

[Review Of The Book From Consent To Coercion: The Assault On Trade Union Freedoms], Lance A. Compa

Lance A Compa

[Excerpt] Even in disagreement with some of its policy prescriptions, I find From Consent to Coercion a strong, meticulously documented, powerfully argued, thought-provoking work that serious scholars and practitioners of trade unionism and labour law should read and engage. We Americans can still look at Canadian labour law and practice as a model compared with our own, but thanks to Panitch and Swartz's work we can see it with eyes open, not eyes wide


Author’S Reply To Wheeler-Getman-Brody Papers, Lance A. Compa Feb 2011

Author’S Reply To Wheeler-Getman-Brody Papers, Lance A. Compa

Lance A Compa

[Excerpt] The contributions of Hoyt Wheeler, Julius Getman and David Brody in the December issue of this journal give important insights into strengths and weaknesses of the Human Rights Watch Report on workers' rights in the United States. Stephen Wood, Sheldon Friedman and the editors are to be commended for advancing a debate on the Report's approach, findings and recommendations. Each of these three major figures in American labour scholarship brings the power of decades of research and analysis on these issues. Together, their critiques stretch the Report backward and forward: back to unstated assumptions that underlie the Report (or …


Globalizíación, Class Actions Y Derecho De Trabajo, Antonio Ojeda Avilés, Lance A. Compa Feb 2011

Globalizíación, Class Actions Y Derecho De Trabajo, Antonio Ojeda Avilés, Lance A. Compa

Lance A Compa

[Excerpt] El objeto principal de este artículo consiste en analizar la larga experiencia acumulada al otro lado del Atlántico, en Estados Unidos, en material de demandas extraterritoriales contra empresas norteamericanas ya desde los años setenta. Realizaremos una síntesis de los rasgos característicos de las class actions en ese país, en primer lugar, seguida por una breve Mirada al context internacional del Derecho del trabajo y la jurisprudencia en EE.UU., de los efectos extraterritoriales del Derecho del trabajo estadounidense, en segundo término, y un análisis pormenorizado de tales litigious en Europa.


Workers’ Freedom Of Association In The United States: The Gap Between Ideals And Practice, Lance Compa Feb 2011

Workers’ Freedom Of Association In The United States: The Gap Between Ideals And Practice, Lance Compa

Lance A Compa

[Excerpt] What is most needed is a new spirit of commitment by the labor law community and the government to give effect to both international human rights norms and the still-vital affirmation in the United States' own basic labor law of full freedom of association for workers. A way to begin fostering such a change of spirit is for the United States to ratify ILO conventions 87 and 98. This will send a strong signal to workers, employers, labor law authorities, and to the international community that the United States is serious about holding itself to international human rights and …


Labor’S New Opening To International Human Rights Standards, Lance Compa Feb 2011

Labor’S New Opening To International Human Rights Standards, Lance Compa

Lance A Compa

Most trade unionists were oblivious to international human rights movement in the last half of the twentieth century. For their part, human rights advocates did not include workers’ rights on their agenda. But in the late 1990s, labor and human rights advocates came together to reframe workers’ collective action as a human rights mission rather than a self-interested syndical action. A new labor–human rights alliance built a wide-ranging discourse of workers’ rights as human rights. The expertise and knowledge attributable to human rights actors gave their critique of workers’ rights violations in the U.S. a high measure of authoritativeness compared …


Job Blackmail [Review Of The Book Fear At Work: Job Blackmail, Labor, And The Environment], Lance A. Compa Jan 2011

Job Blackmail [Review Of The Book Fear At Work: Job Blackmail, Labor, And The Environment], Lance A. Compa

Lance A Compa

[Excerpt] Ever since the establishment of environmental and workplace protections in the early 1970s, private employers have resisted further curbs on corporate conduct by threatening job destruction. The refrain has been that occupational health and safety standards wipe out existing jobs and make new ones impossible. In Fear at Work, Richard Kazis and Richard L. Grossman detail the use of this job blackmail to split trade unionists from environmentalists, making unnatural enemies of those who should be allies.


Breaking Ranks: On Military Spending, Unions Hear A Different Drummer, Lance A. Compa Jan 2011

Breaking Ranks: On Military Spending, Unions Hear A Different Drummer, Lance A. Compa

Lance A Compa

[Excerpt] What remains to be seen is whether the labor movement's study of military spending will uncover the unions' material self-interest in reducing it, and in conveying that interest to the membership. For besides its general damage to the economy, which is now recognized even by many conservatives, the big, endless military buildup also threatens to inflict fatal damage on the trade union movement and its individual unions—not just indirectly but directly and concretely, in the form of fewer members, fewer contracts, fewer organizing victories, and less political power for working people. In effect, the Reagan Administration's plan to boost …


Another Look At Nafta, Lance A. Compa Jan 2011

Another Look At Nafta, Lance A. Compa

Lance A Compa

"Weak," "toothless," "worthless" and "a farce"—these were some of the epithets applied to the North American Free Trade Agreement (NAFTA) labor side accord negotiated by the United States, Mexico, and Canada in 1993. Trade unionists and labor rights supporters were upset, first by the text of the North American Agreement on Labor Cooperation (NAALC) when it appeared, then by early experiences after it went into effect on January 1, 1994. But those wanting progress on labor rights and standards in international trade should be careful of making some idealized “best” the enemy of the good.


The Art Of Ignoring Impatient Elephants, Lance A. Compa Jan 2011

The Art Of Ignoring Impatient Elephants, Lance A. Compa

Lance A Compa

[Excerpt] Migrant labour was the elephant in the room when American, Mexican and Canadian negotiators hammered out the North American Free Trade Agreement last year. The elephant is still in the room, as negotiators now try to work out a "side agreement" on labour rights and labour standards to fulfill a campaign promise by President Bill Clinton. They never mention migrant worker rights, the single biggest issue affecting labour standards and labour conditions on the North American continent.