Trade, Labour Standards and Global Governance: A Perspective from the Americas

Author(s):  
José Manuel Salazar-Xirinachs ◽  
Jorge Mario Martínez-Piva
2011 ◽  
Vol 67 (4) ◽  
pp. 355-372
Author(s):  
Rajeshwar Tripathi

Globalisation, which has integrated the whole world into a unit by a vast range of regulatory regime, has led to the emergence of a global state through international institutions. These institutions regulate the social, economic and political life of states. Therefore it has led to the emergence of the concept of Global Governance. This concept of Global Governance has led to development of the concept of Global Administrative Law (GAL). This GAL concept is based on the idea of understanding global governance as administration, which can be organised and shaped by principles of an administrative law character. In this way GAL is related to trans-governmental regulation and administration designed to address the consequences of globalised interdependence in such fields as security, trade conditions on development and financial assistance, banking and financial regulations, Intellectual Property Rights, Labour standards and cross-border movements of populations, including refugees. Isolated national regulations cannot govern these different areas and administrative measures and therefore various transnational systems of regulation or regulatory co-operation have been established through international treaties and organisations. To implement these regulations, transnational administrative bodies—including international organisations and informal groups of officials that perform administrative functions, are established. However these institutions are not directly subject to control by national governments or domestic legal systems or, in the case of treaty-based regimes, the states party to the treaty. However their regulatory decisions may be implemented directly against private parties by the global regime or more commonly through implementing measures at the national level. This situation has led to the question of accountability, fairness and transparency and due process in the functioning of these bodies. GAL is developed in response to this question, which attempts to extend the application of domestic administrative law to intergovernmental regulatory decisions that affect a nation.


2004 ◽  
Vol 39 (2) ◽  
pp. 191-210 ◽  
Author(s):  
Thorsten Benner ◽  
Wolfgang H. Reinicke ◽  
Jan Martin Witte

AbstractThis paper outlines the elements of a pluralistic system of accountability with regard to one of the most ambitious institutional innovations in global governance: multisectoral public policy networks. These networks bring together the public sector (governments and international organizations), civil society and business around issues ranging from corruption, climate change and fighting malaria to environmental and labour standards. We argue that multisectoral networks should be embedded in a pluralistic system of accountability making use of a combination of accountability mechanisms on a number of dimensions (actors, process, outcomes). The paper discusses some of the key conceptual, empirical and practical challenges of a ‘learning model’ of accountability in networks.


2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


Author(s):  
Annegret Flohr ◽  
Lothar Rieth ◽  
Sandra Schwindenhammer ◽  
Klaus Dieter Wolf
Keyword(s):  

2013 ◽  
pp. 4-28 ◽  
Author(s):  
L. Grigoryev ◽  
A. Kurdin

The coordination of economic activity at the global level is carried out through different mechanisms, which regulate activities of companies, states, international organizations. In spite of wide diversity of entrenched mechanisms of governance in different areas, they can be classified on the basis of key characteristics, including distribution of property rights, mechanisms of governance (in the narrow sense according to O. Williamson), mechanisms of expansion. This approach can contribute not only to classifying existing institutions but also to designing new ones. The modern aggravation of global problems may require rethinking mechanisms of global governance. The authors offer the universal framework for considering this problem and its possible solutions.


2017 ◽  
Vol 25 (1) ◽  
pp. 47-65
Author(s):  
Tapiwa V. Warikandwa ◽  
Patrick C. Osode

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.


Author(s):  
Matthew Bagot

One of the central questions in international relations today is how we should conceive of state sovereignty. The notion of sovereignty—’supreme authority within a territory’, as Daniel Philpott defines it—emerged after the Treaty of Westphalia in 1648 as a result of which the late medieval crisis of pluralism was settled. But recent changes in the international order, such as technological advances that have spurred globalization and the emerging norm of the Responsibility to Protect, have cast the notion of sovereignty into an unclear light. The purpose of this paper is to contribute to the current debate regarding sovereignty by exploring two schools of thought on the matter: first, three Catholic scholars from the past century—Luigi Sturzo, Jacques Maritain, and John Courtney Murray, S.J.—taken as representative of Catholic tradition; second, a number of contemporary political theorists of cosmopolitan democracy. The paper argues that there is a confluence between the Catholic thinkers and the cosmopolitan democrats regarding their understanding of state sovereignty and that, taken together, the two schools have much to contribute not only to our current understanding of sovereignty, but also to the future of global governance.


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