Strengthening Labor Rights in the Trans-Pacific Partnership Agreement: A Lost Opportunity?

2021 ◽  
pp. 604-632
Author(s):  
Desirée LeClercq ◽  
Karen Curtis
Keyword(s):  
Labor Rights ◽  
Partnership Agreement ◽  
Lost Opportunity

Megaregulation Contested

2019 ◽  
Keyword(s):  
Value Chain ◽  
Global Scale ◽  
Government Procurement ◽  
Labor Rights ◽  
National Regulation ◽  
Regulatory Governance ◽  
Leading Role ◽  
Economic Partnership ◽  
Partnership Agreement ◽  
Regional Comprehensive Economic Partnership

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) of 2018 is the most far-reaching “megaregional” economic agreement in force. Japan, the largest economy among the eleven signatory countries, played a leading role in bringing CPTPP into being and in the decision largely to preserve in its provisions the stamp of the original US involvement before the Trump-era reversal. The Trans-Pacific Partnership (TPP) is the first instance of “megaregulation”: a demanding combination of inter-state economic ordering and national regulatory governance on a highly ambitious substantive and transregional scale. Its text and ambition have influenced other negotiations ranging from the Japan–EU Economic Partnership Agreement (JEEPA) and the US–Mexico–Canada Agreement (USMCA) to the projected Pan-Asian Regional Comprehensive Economic Partnership (RCEP). This book provides an extensive analysis of TPP as a megaregulatory project for channeling and managing new pressures of globalization, and of core critical arguments made against economic megaregulation from standpoints of development, inequality, labor rights, environmental interests, corporate capture, and elite governance. Specialized chapters cover supply chains, digital economy, trade facilitation, intellectual property, currency levels, competition and state-owned enterprises, government procurement, investment, prescriptions for national regulation, and the TPP institutions. Country studies include detailed analyses of TPP-related politics and approaches in Japan, Mexico, Brazil, China, India, Indonesia, and Thailand. Contributors include leading practitioners and scholars in law, economics, and political science. At a time when the World Trade Organization (WTO) and other global-scale institutions are struggling with economic nationalism and geopolitics, and bilateral and regional agreements are pressed by public disagreement and incompatibility with digital and capital and value chain flows, the megaregional ambition of TPP is increasingly important as a precedent requiring the close scrutiny this book presents.

Features of labor relations in quarantine conditions

2020 ◽  
pp. 52-58
Author(s):  
Lesja Kosmii
Keyword(s):  
Law Enforcement ◽  
Labor Relations ◽  
Practical Importance ◽  
Functional System ◽  
Labor Rights ◽  
Personnel Decisions ◽  
Labor Legislation ◽  
Foreign Countries ◽  
Legislative Framework ◽  
Work Method

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

Powers of the Federal Labor Inspectorate: Problems of Implementation of the State’s Supervisory Function in the Digital Economy

2020 ◽  
pp. 52-56
Author(s):  
Apollinariya Aleksandrovna Sapfirova ◽  
Victoria Gagikovna Oganesyan ◽  
Alina Vadimovna Podgornaya
Keyword(s):  
Surveillance System ◽  
Digital Economy ◽  
Administrative Reform ◽  
Document Management ◽  
Labor Rights ◽  
Electronic Surveillance ◽  
State Structure ◽  
Supervision System ◽  
Electronic Signature ◽  
Legal Nature

This paper discusses the implementation of the Federal labor Inspectorate’s powers in the digital economy during the ongoing administrative reform. The effectiveness of this state structure is affected by its dual legal nature, such as the power of labor inspectors is aimed at protecting the rights of em-ployees. In the conditions of the digital economy and the presence of a pandemic, labor rights are fully protected, and the power of Rostrud is limited in relation to supervised objects by prohibiting cer-tain inspections. Under current conditions, the most essential activity of Rostrud is the need to form an electronic supervision system based on the results of the ongoing legal experiment on the introduction of electronic personnel document management. The use of an electronic signature in the activities of Rostrud is the first step in the possibility of imple-menting an electronic surveillance system, which was catalyzed by the pandemic. We believe that elec-tronic supervision will be the next stage of moderni-zation of Rostrud’s activities in the digital economy.

Issues of non-standard employment: social and hygienic aspects

2020 ◽  
pp. 392-398
Author(s):  
S. A. Druzhilov
Keyword(s):  
Social Order ◽  
Labor Relations ◽  
Well Being ◽  
Labor Rights ◽  
Precarious Employment ◽  
Employment Conditions ◽  
The Social ◽  
Two Factors ◽  
Labor Safety ◽  
Typical Model

Drastic transformations of the social and labor sphere have led to the emergence of new health risks and sanitary and hygienic problems associated with unreliability of employment. A new socio-economic and psychological phenomenon “precarity” has emerged, which has aff ected the employment conditions of employees, so the description of the phenomenon “precarity” needs to be clarifi ed.The forms of labor employment that diff er from the typical model and worsen the employee’s situation are considered. The criteria based on which non-standard employment is considered unstable are given.Generalized types of unstable employment are identifi ed, the specifi city of which is determined by a combination of two factors: working time and the term of the contract. Unstable working conditions are possible not only in informal employment, but also in legal labor relations. Unreliability and instability of labor has an objective character and is a natural manifestation of the emerging economic and social order. The phenomenon of “precarity of employment” appears as a new determinant of the health of employees. The main feature when referring employment and labor relations to the phenomenon of “precarity” is their unreliability.Specifies the terms used: “precariat”; “precarious work”; precompact; the precariat. An essential characteristic of precarious employment is the violation of social and labor rights and lack of job security. A significant indicator of precarity is underemployment. Precarity induces the potential danger of dismissal of the employee and the resulting stress, psychosomatic disorders and pathological processes in the psyche.Precarious employment and related labor relations have become widespread. Many employees are deprived of social guarantees, including those related to labor safety, payment for holidays and temporary disability, and provision of preventive measures. Th is leads to a violation of the state of well-being, as well as the deterioration of individual and public health.

FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS

2018 ◽  
Vol 1 (12) ◽  
pp. 179-190
Author(s):  
Mariya Zinovievivna Masik
Keyword(s):  
Risk Management ◽  
The State ◽  
Financial Risks ◽  
Contract Negotiations ◽  
The Public ◽  
Political Risks ◽  
Force Majeure ◽  
Investment Agreement ◽  
The Law ◽  
Partnership Agreement

The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

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