Blackett, Adelle, "Global Governance, Legal Pluralism and the Decentered State: A Labor Law Critique of Codes of Corporate Conduct", Indiana Journal of Global Legal Studies v. 8 no2 (Spring 2001) p. 401-447
This Article posits that codes of conduct, as self-regulatory initiatives, represent emerging forms of labor regulation that can best be understood through the lens of two key discourses: legal pluralism and economic globalization. Part I examines export processing zones (EPZ) where codes of conduct are most heavily concentrated; followed by a brief critical overview of selected contemporary examples of codes. Part II focuses on legal pluralism as it applies to traditional labor regulation and the underlying goals of labor law. Part III contends that workers' rights advocacy surrounding self-regulatory initiatives simultaneously problematizes and reinforces dominant conceptions of the globalization process. The author suggests that the most fruitful contributions of self-regulatory initiatives might be to shine a spotlight on the complex contexts in which Multi-National Enterprises act and foster deeper cross-border interactions between non-governmental actors. Finally, Part IV examines counter-hegemonic approaches to legal pluralism and economic globalization, and how they may provide a starting point for more inclusive, layered forms of labor regulation across different governance levels.
Clay, Lisa (student author), "The effectiveness of the worker rights provisions of the generalized system of preferences: the Bangladesh case study", Transnational Law & Contemporary Problems v. 11 no1 (Spring 2001) p. 175-201
This Note discusses the operation of the worker rights provisions of the US Generalized Systems of Preferences (GSP). The author questions the efficacy of the United States GSP program in helping the cause of workers rights in the developing part of the world. Using the restrictive labor policies in the Export Processing Zones (EPZs) in Bangladesh as an example, the Note demonstrates the conflicting interests of US investors, workers' associations in the EPZs, and the AFL-CIO. The Note concludes that given the multiplicity of interests, the U.S. GSP has not been successful in promoting workers rights in Bangladesh. It argues instead that worker rights provision should be included in other international trade policies, that the ILO should be given stronger enforcement powers, and the GSP program itself should adopt a clear definition of “internationally recognized worker rights.”
Russell-Brown, Sherrie, "Labor Rights as Human rights: The Situation of Women Workers in Jamaica's Export Free Zones", Berkeley Journal of Employment and Labor Law v. 24 no1 (2003)
Russell-Brown presents a case study of Jamaicas export free zones (EFZs) that underscores the gap between the implementation and enforcement of labor regulations and the myriad of legal institutions that purport to protect labor rights. In 1997, there were 13,900 workers in these zones, of whom 95 percent were women. Unlike manufacturing in other parts of Jamaica, the export free zones are entirely non-union. Russell-Brown argues that one explanation for the lack of unions in the EFZs stems from the mismatch between a female workforce and male-dominated unions. Russell-Brown also points out that Jamaican trade unions have long been political allies of the elite so that the lack of organizing and labor regulation in the EFZs may be a result of that collusion. Russell-Brown argues that the suspensionof worker rights in the EFZs violates Jamaican laws, international agreements, and U.S. trade regulations. Despite all of these legal regulations, no enforcement mechanisms have yet been mobilized to remedy the situation.
Wijekoon, Lavanga V., "Litigating Labor Rights Across A Demilitarized Zone: The South Korean Constitutional Court As A Forum To Address Labor Violations In North Korea's Kaesong Special Economic Zone", Pacific Rim Law & Policy Journal v. 17 (2008) p. 265-306
South Korean corporations access cheap labor by operating in North Korea's Kaesong Specal Economic Zone. Although South Korea praises this Zone as an example of inter-Korean cooperation, corporatations operating in the Zone commonly violate North Korean workers' rights. This article argues that North Korean workers should be able to use the South Korean Constitutional Court to vindicate claims arising from labor violations that occur in the Zone. Using this venue would subject corporations operating in the Zone to stricter regulations and sanctions. However, North Korean workers face signigicant barriers to vindicating their claims in this venue. The North Korean Government forbids them from leaving North Korea. The South Korean Constitutional Court will not hear claims filed on behalf of third parties and has no clear jurisdiction over claims brought by North Korean workers in North Korea. And, even if North Korean workers could access South Korean Consitutional Court, the Court bars use of fictitious names, leaving workers open to retaliation. In order to make the Court a viable venue, the article argues, the South Korean legislature and Court should adopt new rules allowing absent foreign petitions to file claims in the South Korean Constitutional Court.