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"Examines the effectiveness of the citizen-petition mechanisms established by North American Free Trade Agreement's parallel labor and environmental accords. Reconceptualizes the changing roles of international law and transnational activism in shaping global and domestic politics"--Provided by publisher.
Assessing the effectiveness of the North American Agreement on Labour Cooperation (NAALC), this book examines the operation of the core institutions (the Secretariat and National Administrative Offices) over the past seven years. It discusses the main functions of these institutions in hearing public submissions on violations of labour laws and in conducting research and cooperative activities. Based on interview research, the analysis reviews the strengths and weaknesses of the accord to assess its contribution to a common labour relations regime in North America and its impact in creating new transnational communities of actors in government and civil society in the three countries. The NAALC is also compared with the social dimension of the European Union system, and a final assessment is made as to whether the NAALC institutions live up to the promises of their founders and whether these can be a model for labour relations in any future Free Trade Area of the Americas (FTAA) agreement.
Presenting a framework for understanding corporate strategy public policy as it relates to human resource management activities in international business, this unique text incorporates legal issues beyond those traditionally associated with HRM.
This is a story about governance in Mexico after the labor and environmental accords—called "side agreements"—that accompanied the NAFTA treaty went into effect. These side agreements required member states to uphold and enforce their labor and environmental laws; though never codified, it was widely accepted that Mexico, in particular, had a problem with law enforcement. Side Effects explores how differences in institutional design (of the side agreements) and domestic capacity (between the labor and environment sectors) influenced norm socialization in Mexico. It argues that the acceptance of rule-of-law norms in environmental governance can be attributed to participating institutions' independence from national control, their willingness to give citizens access, and the professionalization and technical capacity of domestic bureaucrats and civil society actors. Changes in labor governance have been hampered by union confederations, longstanding corruption, and a closed opportunity structure. Going beyond a simple accounting exercise of resources devoted to enforcing the law, this book comes to grips with how best to strengthen local capacity and promote pro-norm behavior—advances essential to the task of development and democratization.
The first casebook covering both international and comparative labor and employment law is characterized by its authorship by prolific, respected scholars, all of whom have taught law outside the United States. A solid conceptual framework compares national laws dealing with individual collective employment rights, including antidiscrimination law and privacy law, and considers the systems used to resolve labor and employment disputes in the context of international labor law. A sweeping coverage of international labor law considers the International Labour Organization, NAFTA and other bilateral trade agreements that include labor standards, and the European Union. In addition, The Global Workplace explores transnational corporations' self-regulatory efforts (or codes of conduct,) and the mechanisms for pursuing international labor standards in United States courts. Comparisons are drawn among the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India. Exploring the similarities and the differences among various approaches to the employment relationship allows students to better understand and evaluate the approach each country takes, and helps them develop a normative approach to labor and employment law. National legal materials are presented within historical and cultural context. Hallmark features of The Global Workplace: International and Comparative Employment Law: First casebook covering both international and comparative labor and employment law Authorship o prolific, respected scholars o all of the authors have taught law outside the United States Conceptual framework o compares national laws dealing with individual collective employment rights o including antidiscrimination law and privacy law o considers the systems used to resolve labor and employment disputes in the context of international labor law Broad coverage of international labor law o International Labour Organization o NAFTA and other bilateral trade agreements that include labor standards o the European Union o comparison of the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India o transnational corporations' self-regulatory efforts (or codes of conduct) o mechanisms for pursuing international labor standards in United States courts Explores the similarities and the differences among various approaches to the employment relationship o allows students to better understand and evaluate the approach each country takes o helps develop a normative approach to labor and employment law o national legal materials are contextualized with historical and cultural issues
A cogent analysis of North American trade unions' precipitous decline in recent decades
NAFTA entered into force in 1994 after a bitter Congressional debate. But NAFTA in operation has proved no less controversial than NAFTA before ratification, for both supporters and opponents of trade liberalization have cited experience with the agreement to justify their positions. To provide a factual basis for this ongoing debate, the authors evaluate NAFTA's performance over the first seven years, comparing actual experience with both the objectives of the agreement's supporters and the charges of its critics. They then examine future challenges and opportunities in the trade and investment relationships among the three partner countries and the broader implications for new trade initiatives throughout the hemisphere.
With the forces of globalization as a backdrop, this casebook develops labor and employment law in the context of the national laws of nine countries important to the global economy - the US, Canada, Mexico, UK, Germany, France, China, Japan and India. These national jurisdictions are highlighted by considering international labor standards promulgated by the International Labor Organization as well as the rulings and standards that emerge from two very different regional trade arrangements - the labor side accord to NAFTA and the European Union. Across all these different sources of law, this book considers the law of individual employment, collective labor law dealing with unionization as well as the laws against discrimination, the laws protecting privacy and the systems used to resolve labor and employment disputes. This is the first set of law school course materials in English covering international and comparative employment and labor law.