bluuebunny/crossref_metadata_2025_split huggingface dataset:
Discrimination against Mothers Is the Strongest Form of Workplace Gender Discrimination: Lessons from US Caregiver Discrimination Law
Authors: Painter Genevieve R. , Bornstein Stephanie , Williams Joan C. 
Published: April 2022

Work-family reconciliation is an integral part of labour law as the result of two major demographic changes. The first is the rise of the two-earner family. The second is that, as Baby Boomers age, caring for elders has become a pressing concern for men as well as women. Despite these changes, most European and American workplaces still assume that the committed worker has a family life secured so that family responsibilities do not distract him from work obligations. This way of organizing employment around a breadwinner husband and a caregiver housewife, which arose in the late eighteenth century, is severely outdated today. The result is workplace-workforce mismatch: Many employers still have workplaces perfectly designed for the workforce of 1960. Labour lawyers in both Europe and the United States have developed legal strategies to reduce the work-family conflicts that arise from this mismatch. Yet the legal strategies developed in Europe are different from those used in the United States. The Europeans' focus is on public policy, based on a European political tradition of communal social supports - a tradition the United States lacks. Advocates in the United States, faced with the most family-hostile public policy in the developed world, have developed legal remedies based on the American political tradition of individualism, using anti-discrimination law to eliminate employment discrimination against mothers and other adults with caregiving responsibilities. This article explores both the social science documenting that motherhood is the strongest trigger for gender bias in the work place and the American cases addressing 'family responsibilities discrimination' (FRD).
Forced Labour and Migrant Berry Pickers in Sweden
Authors: Thörnqvist Christer , Woolfson Charles 
Published: April 2022

Groups of migrant berry pickers arriving annually in Sweden from both Asia and the newer European Union Member States have been subject to exploitation over the years. The problem appears to persist in spite of public and international concern and successive regulatory reforms. An examination of this problem from a forced labour perspective suggests inadequate implementation and application of international norms in Swedish law, as well as deficiencies in the application of criminal-law and in regulatory oversight. Policy recommendations regarding the labour conditions for seasonal migrant workers in Sweden are put forward. Lars Riberth, deputy rector, Bräcke, has tired of seeing how the berry pickers are mistreated, and started a financial collection. 'This is a form of modern slavery,' says Lars Riberth. (Kyrkans Tidning, 26 August 2010)
Human Rights at Work: The Need for Definitional Coherence in the Global Governance System
Authors: Bellace Janice R. 
Published: April 2022

In describing the rights companies should respect, the UN Global Compact and the UN Principles on Business and Human Rights refer to the ILO's 1998 Declaration of Fundamental Principles and Rights at Work. Company codes of conduct, and various certification, audit and reporting entities use language that is identical or similar to that found in the ILO Declaration. For years the International Labour Organization (ILO) was viewed as the authority on what certain human rights mean in the work context. This certainty was challenged in June 2012 when the Employers Group at the International Labour Conference (ILC) attacked the ILO's Committee of Experts (CEACR) for discussing the right to strike as part of its commentary on Convention No. 87, Freedom of Association and the Right to Organise. Underlying this criticism was the Employers' awareness that others were using the General Survey of the CEACR to comprehend the scope of certain human rights found in statements such as the UN Global Compact. The Employers identified 'the critical issue' as the fact that the CEACR's 'observations were being viewed by the outside world as a form of soft law labour standards jurisprudence.' This article will set out the 1998 ILO Declaration and will then discuss the two major UN pronouncements on human rights at work. It will review the standards used by other entities active in this space. This article will conclude that companies must accept that society has placed certain responsibilities on them to apply human rights in their sphere of control. It will also argue that for the post-World War II concept of universal human rights to remain valid and effective, there must be agreement on what specific rights mean in practice and that, in turn, requires acceptance of an international body's legitimacy in making these determinations.
Union Dispossession of Labour Protection: A Paradox, in Two Legal Systems
Authors: Finkin Matthew W. 
Published: April 2022

Though the protections of employment law are usually not subject to waiver by the employee, some countries allow unions to negotiate to modify or abrogate then. This article looks at two: the United States and Germany. It points to a critical distinction between the legal capacity to make collective bargaining agreements having that effect in Germany as compared to the United States. Notwithstanding those differences, it argues that what their experience teaches in common is that such an opt-out can benefit employers by giving needed and mutually understood flexibility, and can benefit unions as institutions by making it advantageous for employers to bargain with them, but that considerable care must be taken when such license is legislated lest discrete or insular groups be dispossessed of a valuable right in a process that advantages employee coalitions that exclude them, or the union as an institution, at their expense.
Public Goods, Dispossessive Law, Tarifdispositives Arbeitsrecht, Trading Material, ‘Sweetheart’ Agreements
A Work–Life Balance for All? Assessing the Inclusiveness of EU Directive 2019/1158
Authors: Chieregato Elisa 
Published: April 2022

Along with the growing interest in Work–Life Balance (WLB) in academic debates, policymaking, corporate discourse and everyday life, critical scholars have called for an enquiry into the conceptual and practical ambiguities inherent in WLB discourse and policies. This article aims to contribute to this scholarship by exploring the evolution and the limitations of WLB provisions and policies, with specific reference to the European Union (EU) legal framework. The article provides an account of the evolution of the EU legal framework and explores the regulatory innovations introduced by Directive EU 2019/1158 on Work-Life Balance for Parents and Carers, adopted in June 2019. Drawing on the insights provided in the critical literature, in particular the objections to the focus on work–family balance of professionals at the expense of workers in lower income groups, this article assesses the new Directive against the background of increasing family diversity and the rise of non-standard employment. While some progress has been made towards the recognition of ‘non-standard’ families, many non-standard workers may still fall outside the scope of the Directive, or may not meet the eligibility criteria to access WLB measures, with detrimental effects in terms of equality. The article concludes by presenting the rationale for adopting an intersectional-sensitive approach to WLB.
Work–Life Balance, European Pillar of Social Rights, Family-related Leave, Nonstandard Employment, Domestic Work, Intersectional analysis
Caring for Balance? Legal Approaches to Those Who Struggle to Juggle Work and Adult Care
Authors: Hiessl Christina 
Published: April 2022

The provision of informal (family) care is one of the key work–life balance (WLB) issues to be addressed by social policies. So far, both legislative approaches and legal research have focused mainly on childcare-related issues. This is particularly true for the labour law component of policy measures. Considering current demographic trends, it seems crucial to enhance attention on care for older persons and people with disabilities. This article identifies four basic aims of WLB-enhancing social policies – availability, affordability, discouraging ‘too much’ informal care provision, and countering gender inequality – and explores the strategies developed in different legal systems and at the international level to address them. It then examines the degree to which such strategies exist also for adult care, the extent to which ‘transfers’ of childcare-related approaches are conceivable, and the particularities of adult care that call for new approaches to pursue the same aims. It concludes with a discussion of the most important elements of social policy and labour law approaches to promoting the WLB of workers providing informal care for adults.
Work–Life Balance, Family Care, Informal Care, Care Leave, Comparative Law, International Law, Gender Equality, Labour Law, Social Security, Flexible Working Conditions.
The Practice of the Theory of Labour Law: A Review of Philosophical Foundations of Labour Law (OUP 2019)
Authors: Paz-Fuchs Amir 
Published: April 2022

An inquiry into the philosophical foundations of labour law is a challenging one, and reviewing a volume of eighteen such chapters only magnifies the challenge. The chapters in this volume cover a wide terrain, encompassing most areas of labour law and thus the intersections between law, society and the economy, within particular realms, and through particular theoretical and at times philosophical perspectives. This arguably reorganizes the inspiring ideas raised by the chapters into a ‘mainstream’ labour law curriculum, while weaving them through with a different strand of philosophical enquiry – that of legal philosophy, and in particular, legal realism. The review begins with the question of employment status (and the corresponding scope of labour law), turning to the contract of employment; statutory protection and employment regulation; equality and non-discrimination; and, finally, trade unions and collective labour law. It concludes with some brief observations on labour law and migration.
Domination, Exploitation, Inequality of Bargaining Power, Scope (of Labour Law), Legal Realism
A Model Regulator? Investigating Reactive and Proactive Labour Standards Enforcement in Canada’s Federally Regulated Private Sector
Authors: Noack Andrea M. , Vosko Leah F. , D. K. King Adam , Osten Victoria , J. Clare Emily 
Published: April 2022

This article examines labour standards violations and enforcement activities in Canada’s federally regulated private sector (FRPS) between 2006 and 2018. Drawing on an administrative data set (known as the Labour Application 2000 (LA2K)) from the federal Labour Program of Employment and Social Development Canada – we illustrate the dominance of a complianceoriented approach to labour standards enforcement in the federal labour inspectorate. This compliance- oriented model of enforcement assumes that most labour standards violations result from lack of knowledge on the part of employers, and that violations are exceptional rather than a regular feature of contemporary business practices geared to cost-containment. Further, the dominance of a compliance-based enforcement strategy is rooted in the historically unique working conditions, industrial composition, and social demographics of the FRPS. In short, the sector has been characterized historically by a disproportionate number of large firms, and a highly male-dominated workforce, engaged in full-time permanent employment. However, numerous labour standards violations are evident in growing pockets of precarious employment, particularly among small firms in the trucking sector. We argue that the litmus test for the regime’s efficacy should be the degree to which it serves employees in the most precarious employment situations. The inspectorate devotes relatively little time to proactive workplace inspections. Those violations that inspectors do uncover through proactive inspections are principally non-monetary and are rectified primarily on the basis of securing employers’ written commitments to bring their practices into compliance with minimum standards. By way of conclusion, the article outlines the ways in which reliance on a compliance model of enforcement in the FRPS may be contributing to the erosion of labour standards, particularly for those workers in industries where small firms dominate and precarious employment is concentrated, and calls for a more deterrence-oriented approach.
Labour Standards, Enforcement, Compliance, Violations, Workplace Inspections, Federal Jurisdiction, Canada
FTA Outward Processing at the Crossroads
Authors: Komuro Norio 
Published: April 2022

Several modern Free Trade Agreements (FTAs) contain a so-called ‘outward processing’ exception to their rules of origin (ROO). FTAs require that for a good from a Party to enjoy preferential treatment in another Party the good must be made without interruption in the FTA territory. An exception to this territoriality principle is the outward processing scheme. Under this exception, a producer in a Party may send materials to a non-Party for outward processing and re-import the processed goods for finishing. Final products can then enjoy the FTA preference in the importing Party provided that relevant conditions are met.
This article examines various outward processing schemes under current FTAs concluded by, inter alia, Israel, the EU, European Free Trade Association (EFTA), Singapore and South Korea, and compares them with neighbouring regimes (i.e., third-country content and third-country materials rules). This article also assesses the scheme from economic-political and legal viewpoints. Finally, this article suggests some solutions for overcoming problems with the scheme.
More Efficient Policies to Combat Trade Distortions: How Quality Management Programmes Can Help Rationalize the Use of Trade Defence Instruments
Authors: Depypere Stefaan 
Published: April 2022

The existence and the use of Trade Defence Instruments (TDIs) are controversial. In the present article, we will argue that the present set of rules has advantages and deficiencies. We will argue that a better set of rules can be worked out for an ideal world but that we are not ready for an ideal world. In the meantime, we need to work with the rules as they exist. Even for the implementation of the existing rules, we can think of a radically different manner to proceed, for instance, by organizing the policy implementation at central level, in the WTO. Here again, we may be in dreamland for the years to come. When we then move to the real world, we will argue that the way forward lies in increasing the quality of the work by all the authorities that implement TDI and by increasing the communication and cooperation between those authorities. This may lead to reducing trade friction caused by cases. We will describe a major effort undertaken by the European Union to implement a quality management programme and we will discuss the possibilities for the authorities of EU's trading partners to cooperate in this effort and to benefit from it.
Technical Regulations to Prevent Deceptive Practices: Can WTO Members Protect Consumers from [un] Fair-Trade Coffee and [Less-Than] Free-Range Chicken?
Authors: Lowe Erik R. 
Published: April 2022

International trade law is built around the cornerstone obligation of maintaining equal competitive opportunities for imported products. WTO dispute settlement has defined the lines for this obligation as it regards discrimination through 'tangible' product attributes. Yet as consumer preferences expand to include 'intangible' product attributes, such as 'free-range' chicken, 'sustainably' produced furniture, 'fair trade' coffee or even 'dolphin safe' tuna, the stage is set for a renewed debate over how far a WTO Member can regulate in pursuit of domestic policy goals. This article examines recent WTO jurisprudence on the use of technical regulations, and attempts to construct a generally applicable doctrine governing the prevention of deceptive practices through regulating intangible product claims. Using traditional methods of treaty interpretation, in light of economic efficiency and comparative legal analysis, it also identifies potential inconsistencies in the application of the TBT Agreement. Finally, this article offers considerations for future WTO tribunals when deciding how to more effectively balance the right to regulate intangible product attributes for the prevention of deceptive practices with the obligations and goals expressed by the TBT Agreement.
Regionalism versus Multilateralism: The Case of the European Union Trade Policy
Authors: Salvatici Luca , Antimiani Alessandro 
Published: April 2022

In this article, we use a Computable General Equilibrium (CGE) model to assess the effects of possible agreements between the European Union (EU) and different partners, namely India, Mercado Común del Sur (MERCOSUR), and the United States of America (USA).We evaluate the impact of the Free Trade Agreements (FTAs) by themselves, assess their mutual compatibility, and compare them with a scenario including all bilateral agreements as well as a benchmark global free trade scenario. In 2006, the EU decided to abandon its moratorium on negotiating new FTAs. Since then, numerous negotiations have been started. In particular, the EU joined the scramble for preferential market access by launching bilateral negotiations with both individual countries and regional sub-groupings. The discriminatory character of these agreements is controversial in economics, not simply because of the classic 'Vinerian' view that they can divert rather than create trade, but also because of the unresolved disagreements on when a regional trade agreement is likely to precede, rather than preclude, more global agreements. In this article, we use a CGE model to assess the effects of possible agreements between the EU and different partners, namely India, Mercado Común del Sur (MERCOSUR), and the USA. We evaluate the impact of the FTAs by themselves, assess their mutual compatibility, and compare them with a scenario including all bilateral agreements as well as a benchmark global free trade scenario. This allows us to provide a quantitative comparison of the most important arguments asserting that bilateral agreements advance or hinder multilateral trade relations.
For Whom the Bell Tolls: The EU ETS in Aviation under the TBT Agreement
Authors: Sánchez-Tabernero Soledad R. 
Published: April 2022

This article outlines the non-product-related process and production method (NPR-PPM) controversy, focusing on the current interpretation by the WTO Appellate Body and panels as background for an analysis of the EU ETS in aviation. In order to assess the possible application of the TBT Agreement to the EU ETS in aviation, the measures laid down in Directive 2008/101/EC, as well as in the recently adopted amending Regulation, are qualified as measures affecting trade in goods. Such a finding leads us to consider whether they fall under the definition of ‘technical regulation’ laid down in Annex 1.1 of the TBT Agreement. To that effect, the three-tier test in EC-Asbestos and EC-Sardines is applied in light of the recent findings in EU-Seals. Finally, practical implications can be drawn in both senses. Should it be deemed inapplicable, GATT would continue to apply. Should it be considered to come within the scope of the TBT Agreement by virtue of Annex 1.1, an assessment of compatibility with Articles 2.1 and 2.2 of the TBT Agreement would be required.
Mapping the Aftermath of Accession: Which Is Chinas Applicable World Trade Organization Anti-Subsidy Law for the Use of Alternative Benchmarks?
Authors: Mueller Sophia 
Published: April 2022

The integration of the Protocol of Accession of China into the World Trade Organization (WTO) Agreement and its annexes is subject to great debate. The area of anti-subsidy law is, however, largely exempt from scientific discussion. With respect to the use of alternative benchmark methodologies in the process of calculating the amount of subsidy, the relationship between general and China-specific legislation – Article 14 ASCM and Section 15 (b) CAP – is deemed satisfactorily provided for in China’s Accession Protocol. But recent WTO Appellate Body jurisprudence allowing alternative benchmarking in general WTO anti-subsidy law has upset this relationship enormously – and then abandoned it. The expected surge of countervailing duties prompted by the 2016 expiry of alternative methodologies in Chinese WTO antidumping law will rather sooner than later confront WTO judiciary with the question: which is China’s applicable anti-subsidy law on price comparability of today? This article contributes to answering this question by bringing together Section 15 (b) CAP and Article 14 ASCM and tracing the applicable legal framework. Comparing both provisions in their present shapes also touches upon another issue: is the reluctance to invoke Section 15 (b) CAP still justified?
Firms Responsive Behaviours in WTO Trade Disputes: Countervailing Cases on Korean DRAMs
Authors: Shin Wonkyu , Ahn Dukgeun 
Published: April 2022

How do decisions of the World Trade Organization (WTO) Dispute Settlement Body (DSB) relate to economic/trade gains? This is an important question to consider when evaluating the efficacy of the WTO DSB. Although it may seem obvious that a successful dispute resolution through the DSB would remove trade barriers and increase trade, the ruling effects are not so straightforward, with recent empirical studies suggesting an unclear causality between the dispute resolutions and subsequent changes in trade. Using product and firm-level data, this article examines three WTO disputes over countervailing duties on Korean Dynamic Random Access Memory chips, which have raised similar legal issues but yielded different outcomes. By investigating the dynamics of firm behaviour over the course of disputes, our analysis sheds light on the difficulties of detecting changes in trade flows following rulings by the DSB. We conclude that cross-border trade flows are substantially affected by firm-and-market specific adjustments interacting with the current world trade environment, such as flexible reallocation of resources and promotion of a production network.
Liberalizing Global Trade in Mode 5 Services: How Much Is It Worth?
Authors: Cernat Lucian , Antimiani Alessandro 
Published: April 2022

The growing role of services inputs in manufacturing exports (‘services in boxes’) has led to a proposal for a new modality of exporting services (mode 5 services) beyond the four modes of supply in the General Agreement on Trade in Services (GATS). For the vast majority of WTO members the significance of mode 5 services is considerable, both in exports and imports. However unlike traditional GATS services trade, mode 5 services ‘in boxes’ pay tariffs. This article estimates that the global GDP gains from liberalizing mode 5 services at multilateral level could reach up to EUR 300 billion by 2025 and world trade could increase by over EUR 500 billion. The article also examines the interplay between mode 5 services trade and the growing importance of future technological developments (e.g. software, digitalization, the Internet of Things). Our preliminary set of results shows that a Mode 5 Services Initiative is important not only because of the positive impact it would have on global trade flows but also because it would facilitate trade-led technological progress in all regions of the world.