Labour Laws and Global Trade

by Hepple, Bob

• ISBN13: 9781841131603
• ISBN10: 1841131601
• Format: Hardcover
• Copyright: 2005-03-25
• Publisher: Hart Publishing

Summary

The focus of globalisation studies is on how global processes can be better regulated in order to deliver both economic growth and social justice. Labour laws provide an excellent case study of the creation of a new framework to reconcile free trade and investment with social objectives.This book,written by a leading authority on international and comparative labour law, provides a thoughtful and comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation. The author reassesses orthodox views, from the viewpoint of a theory of comparative institutional advantage, and suggests ways in which transnational regulation can be re-invented in the new global economyThis will be of interest to students of law, human rights, industrial relations, globalisation, international trade and development, as well as policy-makers in international and regional organisations, governments, employers' bodies, trade unions and NGOs.

Author Biography

Bob Hepple is Emeritus Master of Clare College; Emeritus Professor of Law in the University of Cambridge, and Honorary Professor of Law in the University of Cape Town.

Table of Contents

Preface	xi
Table of Abbreviations	xv
Table of Cases	xix
Does Transnational Labour Regulation Matter?	1	(24)
Aim and scope of this book	1	(4)
Labour in the new global economy	5	(4)
The dilemmas of labour laws	9	(4)
The case for transnational regulation	13	(12)
The Effectiveness of International Labour Standards	25	(44)
Origins 1818--1919	25	(4)
Foundation and formative years of the ILO 1919--46	29	(4)
Decolonisation and the Cold War	33	(2)
Challenges to universality	35	(12)
Does the supervisory machinery work?	47	(9)
New directions: fundamental rights and decent work	56	(13)
Privatising Regulation: Codes, Agreements, and Guidelines	69	(20)
The shift from public to private regulation	69	(3)
Corporate codes and labels	72	(4)
Trade unions, NGOs and collective agreements	76	(2)
The OECD Guidelines and the ILO Tripartite Declaration	78	(7)
Who wins in the `race to the top'?	85	(4)
Unilateral Social Clauses	89	(18)
Introduction	89	(2)
`Aggressive unilateralism': US trade policy	91	(2)
Effects on labour rights	93	(1)
Undermining the rule of international law?	94	(2)
Ineffective procedures?	96	(4)
Protectionist and political motives?	100	(1)
`Soft unilateralism': the EU's generalised system of preferences	101	(4)
US and EU compared	105	(2)
Social Clauses in Bilateral and Regional Agreements	107	(22)
Introduction	107	(1)
The North American Agreement on Labor Co-operation	108	(6)
Variations in later Free Trade Agreements	114	(4)
The effectiveness of the emerging American model	118	(4)
EU external trade agreements	122	(4)
Winners and losers	126	(3)
The WTO and Social Clauses	129	(22)
Introduction	129	(4)
Reconciling social clauses with WTO agreements	133	(2)
The principle of non-discrimination	135	(2)
An illustration: social labelling	137	(4)
Article XX exceptions	141	(3)
Other mechanisms for social clauses?	144	(1)
The integration of developing countries	145	(3)
Would WTO sanctions work?	148	(3)
Labour Laws Beyond Borders	151	(42)
Introduction	151	(2)
The applicable law	153	(5)
The appropriate forum	158	(7)
Posted workers and social dumping	165	(7)
Cross-border transfers of undertakings and offshore outsourcing	172	(6)
Collective bargaining and employee representation	178	(8)
International solidarity action	186	(3)
Conclusion: the limits of extra-territoriality	189	(4)
Negative and Positive Harmonisation in the EU	193	(32)
Introduction	193	(1)
The making of the EU social and employment policy	194	(17)
Negative harmonisation	211	(7)
Positive harmonisation	218	(7)
New Methods of Integration in the EU	225	(26)
The open method of co-ordination	225	(5)
Social dialogue	230	(8)
Fundamental rights	238	(9)
Conclusions	247	(4)
The Comparative Advantages of Labour Laws	251	(26)
Introduction	251	(2)
Economic models	253	(3)
Political models	256	(10)
Seeking comparative institutional advantage	266	(5)
Re-inventing transnational labour regulation	271	(6)
References	277	(18)
Index	295