An Individual Labour Complaint Procedure for Workers, Trade Unions, Employers and NGOs in Future Free Trade Agreements

Author(s):  
Henner Gött
2017 ◽  
Vol 5 (4) ◽  
pp. 40-48
Author(s):  
Myriam Oehri

US free trade agreements comprise unique provisions that enable civil society to present public complaints against labor rights violations occurring in the US or its trade partners. To date, a variety of complainants have used these mechanisms, including (inter)national trade unions, human rights organizations, and a priest. And yet, little is known about the submissions’ nature of agency and the effects it has on the procedural continuations to address illicit labor practices. To fill this research lacuna, this article employs a multidisciplinary framework of ‘actorness’ that measures the submitters’ diversity (professionalism/non-professionalism, collectivism/individualism, transnationalism/nationalism) and their effectiveness (rejection/acceptance of submissions and further procedural follow-ups). Combining quantitative examination with in-depth analysis of two diverse cases of actorness, and drawing on expert interviews, public reports, and minutes of meetings, the study reveals that the majority of public submissions were of professional, collective, and transnational nature. However, contrary to what extant literature suggests, this is not a guarantee that they achieve more far-reaching procedural steps in the protection of workers. Non-professional, individual, and national actorness can compensate for the advantages of professionalism, collectivism, and transnationalism.


2021 ◽  
Vol 33 (2) ◽  
pp. 153-162
Author(s):  
Huu Nguyen Duc

Economists expect that CPTPP, together with the EU-Vietnam Free Trade Agreement (FTA), will bring enormous economic benefits to Vietnam, by increasing the price competitiveness of Vietnam’s exports in key markets and boosting foreign direct investment (FDI), promoting economic development and creating millions of jobs, including in small and medium-sized enterprises. More importantly, CPTPP will help facilitate domestic reforms in many areas and build an environment for a competitive economy. The purpose of this article is to clarify the impact of free trade agreements on Vietnamese trade unions, which are considered exclusive in representing workers throughout the territory of Viet Nam but will no longer play this role when Viet Nam joins next-generation trade agreements.


Author(s):  
Henning Grosse Ruse-Khan

This chapter focusses on how ‘Free Trade Agreements’ (FTAs) fit within the existing multilateral framework, primarily with the Trade Related Aspects of International Property Rights (TRIPS) Agreement which most FTAs take as basis and benchmark from which the contracting parties modify rules among another (inter-se). In this context, the most prominent issue is the effect the continuous strengthening of the standards of intellectual property (IP) protection and enforcement has on the optional provisions and flexibilities of the TRIPS Agreement. The chapter examines whether and how the TRIPS addresses such further increases in protection and enforcement. It also looks at conflict clauses in FTAs and how they perceive their relation with the multilateral IP rules, especially the TRIPS Agreement. The principal question here is whether rule-relations within the international IP system are still primarily determined by harmonious interpretation — or if conflict resolution rather functions by choosing one rule over another.


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