Giustizia sociale, commercio internazionale ed extraterritorialità "atipica". Il caso USMCA

2021 ◽  
pp. 215-234
Author(s):  
Adalberto Perulli
Keyword(s):  
Labour Standards

L'articolo analizza alcune delle principali novità del Trattato USMCA, collocandolo nel contesto della globalizzazione economica e delle tecniche di regolazione sociale che impiegano i la-bour standards dell'OIL e le clausole sociali nei Trattati commerciali internazionali, realizzando forme "atipiche" di extraterritorialità. Il Trattato USMCA si caratterizza per alcune impor-tanti innovazioni in materia: l'impegno delle parti a rispettare gli international core labour standards, il riconoscimento del diritto di sciopero, la possibilità di sanzionare direttamente le imprese responsabili delle violazioni dei diritti del lavoro, una procedura veloce di risoluzione delle controversie. Nel complesso il Trattato rilancia la capacità della clausola sociale come principale fattore di tutela dei diritti del lavoro in un contesto di globalizzazione economica.

Exploring the World Trade Organisation's Trade and Environment/Public Health Jurisprudence as a Model for Incorporating a Trade–Labour Linkage into the Organisation's Multilateral Trade Regime: Should African Countries Accept a Policy Shift?

2017 ◽  
Vol 25 (1) ◽  
pp. 47-65
Author(s):  
Tapiwa V. Warikandwa ◽  
Patrick C. Osode
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
World Trade ◽  
African Countries ◽  
Trade Regime ◽  
Multilateral Trade ◽  
Appellate Body ◽  
The World ◽  
Labour Standards ◽  
The Impact

The incorporation of a trade-labour (standards) linkage into the multilateral trade regime of the World Trade Organisation (WTO) has been persistently opposed by developing countries, including those in Africa, on the grounds that it has the potential to weaken their competitive advantage. For that reason, low levels of compliance with core labour standards have been viewed as acceptable by African countries. However, with the impact of WTO agreements growing increasingly broader and deeper for the weaker and vulnerable economies of developing countries, the jurisprudence developed by the WTO Panels and Appellate Body regarding a trade-environment/public health linkage has the potential to address the concerns of developing countries regarding the potential negative effects of a trade-labour linkage. This article argues that the pertinent WTO Panel and Appellate Body decisions could advance the prospects of establishing a linkage of global trade participation to labour standards without any harm befalling developing countries.

Examining the entry of Walmart into South Africa: A stakeholder management perspective

2019 ◽  
Vol 38 (2) ◽  
pp. 78-89
Author(s):  
Tembinkosi Bonakele ◽  
Dave Beaty ◽  
Fathima Rasool ◽  
Drikus Kriek
Keyword(s):  
South Africa ◽  
Trade Unions ◽  
Negative Impact ◽  
Stakeholder Management ◽  
Sources Of Information ◽  
Key Stakeholders ◽  
Management Perspective ◽  
Labour Standards ◽  
History Of ◽  
Primary Focus

The recent entry of the US multinational Walmart into South Africa has proved to be a source of controversy. Key stakeholders in South Africa objected to the merger and attempted to block it unless certain conditions were met. The aim of this study was to examine the controversy and the conditions surrounding the merger. The research employed a qualitative archival analysis to examine publicly available sources of information with regard to the merger. The findings revealed key stakeholders’ concerns that Walmart’s entry would lead to an increase in imports which would displace local producers, increase unemployment, marginalise trade unions and lower labour standards unless certain conditions were met. The results also revealed problems relating to the firm’s primary focus on “business” while neglecting “public interest” issues, naively relying on their “local retailer” to manage key stakeholders, and assuming that their perceived controversial reputation regarding treatment of trade unions and their views about unemployment as well as the controversies surrounding their history of entry into other global markets would not have the major negative impact it did on stakeholders in South Africa.

scholarly journals The Value of “Social” Reputation: The Protection of MNE Workers from the Consumer’s Perspective

Global Jurist ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Marta Giaconi ◽  
Lorenzo Giasanti ◽  
Simone Varva
Keyword(s):  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Economic Consequences ◽  
Decent Work ◽  
Social Ranking ◽  
Government Organizations ◽  
Social Reputation ◽  
The Social ◽  
Labour Standards ◽  
Additional Support

Abstract The virtually immediate information propagation has reduced the gap of knowledge once existing between MNEs and customers (i.e. Rana Plaza collapse, 2013). Consumers begin playing an important role in supporting workers. Their growing social awareness has clear economic consequences. MNEs have tried to react to the loss of social reputation, mainly adopting (and imposing to their suppliers) codes of conduct and ethics providing a minimum standard for decent work standards. This article aims to analyze the social reputation and social sustainability that have recently attracted stakeholders’ interest, from different points of view (MNEs, consumers, government and non-government organizations, unions). Those “new” forms of social initiatives (code of conduct, social ranking, consumers campaign, boycotting) are informative and could help to spread ILO labour standards. Clearly, they can represent only an additional support for workers who are struggling in the typical conflict between Work and Capital. The tendency to use a single parameter for assessing the social sensitivity of the MNEs, valid both for the countries “in development” and for those “already developed” risks to lead to a “race to the bottom” trend.

scholarly journals Mind the gap: Grass roots ‘brokering’ to improve labour standards in global supply chains

2017 ◽  
Vol 71 (4) ◽  
pp. 584-609 ◽  
Author(s):  
Sarah J Kaine ◽  
Emmanuel Josserand
Keyword(s):  
Supply Chain ◽  
Supply Chains ◽  
Working Conditions ◽  
Global Supply Chains ◽  
Significant Shift ◽  
Top Down ◽  
Whistle Blowing ◽  
Grass Roots ◽  
Labour Standards ◽  
Implementation Gaps

While governance and regulation are a first step in addressing worsening working conditions in global supply chains, improving implementation is also key to reversing this trend. In this article, after examining the nature of the existing governance and implementation gaps in labour standards in global supply chains, we explore how Viet Labor, an emerging grass-roots organization, has developed practices to help close them. This involves playing brokering roles between different workers and between workers and existing governance mechanisms. We identify an initial typology of six such roles: educating, organizing, supporting, collective action, whistle-blowing and documenting. This marks a significant shift in the way action to improve labour standards along the supply chain is analysed. Our case explores how predominantly top-down approaches can be supplemented by bottom-up ones centred on workers’ agency.

scholarly journals THE ENDURING VULNERABILITY OF MIGRANT DOMESTIC WORKERS IN EUROPE

2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy
Keyword(s):  
International Law ◽  
Migrant Workers ◽  
Domestic Workers ◽  
Employment Law ◽  
The United Kingdom ◽  
Regulatory Frameworks ◽  
Labour Standards ◽  
And Migration ◽  
Migration Law ◽  
Migrant Domestic Workers

AbstractWhile the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.

scholarly journals International framework agreements: new paths to workers' participation in multinationals' governance?

2008 ◽  
Vol 14 (1) ◽  
pp. 111-126 ◽  
Author(s):  
Isabelle Schömann ◽  
André Sobzack ◽  
Eckhard Voss ◽  
Peter Wilke
Keyword(s):  
Trade Unions ◽  
Self Regulation ◽  
Industrial Relations ◽  
Negotiation Process ◽  
Social Consequences ◽  
Social Regulation ◽  
International Level ◽  
Political Debate ◽  
Labour Standards ◽  
The Impact

This article describes the results of a major study on the impact of codes of conduct and international framework agreements (IFAs) on social regulation at company level. The limits of labour legislation at the national, as well as the international, level provide a strong motivation for both multinationals and trade unions to negotiate and sign IFAs. IFAs offer a way to regulate the social consequences of globalisation and to secure adherence to labour and social standards. They thus form part of the growing political debate on the international working and production standards of private actors. Examination of the negotiation process, the motivations of the parties, and the content of the agreements and implementation measures provides valuable insights into the impact of IFAs on multinationals' behaviour in respect of social dialogue and core labour standards. Finally, the article highlights the influence of such agreements on public policy-making and the limits of private self-regulation at European and international level, addressing the growing and controversial debate on the need for supranational structures to regulate labour standards and industrial relations.

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