title: The international law gaze: protection of labour rights in free trade agreements: mission impossible?

authors: Alvarez-Jimenez, Alberto

abstract: The inclusion of the protection of labour rights in free trade agreements (FTA) and the use of inter-State dispute settlement have been regarded as a paramount expression of the regard of the international trade regime for workers’ rights. The inclusion also responds to a concern: low enforcement of labour legislation in some countries means lower costs for their exporters, which makes them more competitive in international markets. These are the reasons behind the inclusion of provisions aimed at improving such enforcement in FTAs. New Zealand is or will be a party to some of them, such as the New Zealand – Korea Free Trade Agreement and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This is why the panel report adjudicating the first international dispute in this realm, between the United States and Guatemala, under the Dominican Republic – Central America – United States Free Trade Agreement (CAFTA-DR) is of interest to us. (Final Report of the Panel, “In the Matter of Guatemala – Issues Related to the Obligation Under Article 16.2.1(a) of the Dominican Republic – Central America – United States Free Trade Agreement”, 14 June 2017. (U.S v Guatemala).

Is the inclusion of trade & labour provisions (T&LP) a positive development for workers? Yes. Is it enough for them? U.S v Guatemala illustrates that it is not. The text of the CAFTA-DR T&LP and similar provisions in other FTAs might make it difficult to find a violation whose remedy is a better enforcement of the legislation by the exporting country. Is this surprising? Certainly not. There is a political and economic power imbalance between exporters and labour unions in many parts of the world that favours the former in trade negotiations. The text of T&LPs reflect this asymmetry. There is also the issue of sovereignty: how much States enforce their legislation is a matter for them to decide. T&LPs limit this freedom of action, but the limitation is not significant as U.S V Guatemala illustrates. Guatemala prevailed in the dispute at the end: no violation of CAFTA-DR was proven. (at [594]).

text: The international law gaze: protection of labour rights in free trade agreements: mission impossible? The inclusion of the protection of labour rights in free trade agreements (FTA) and the use of inter-State dispute settlement have been regarded as a paramount expression of the regard of the international trade regime for workers’ rights. The inclusion also responds to a concern: low enforcement of labour legislation in some countries means lower costs for their exporters, which makes them more competitive in international markets. These are the reasons behind the inclusion of provisions aimed at improving such enforcement in FTAs. New Zealand is or will be a party to some of them, such as the New Zealand – Korea Free Trade Agreement and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This is why the panel report adjudicating the first international dispute in this realm, between the United States and Guatemala, under the Dominican Republic – Central America – United States Free Trade Agreement (CAFTA-DR) is of interest to us. (Final Report of the Panel, “In the Matter of Guatemala – Issues Related to the Obligation Under Article 16.2.1(a) of the Dominican Republic – Central America – United States Free Trade Agreement”, 14 June 2017. (U.S v Guatemala).

Is the inclusion of trade & labour provisions (T&LP) a positive development for workers? Yes. Is it enough for them? U.S v Guatemala illustrates that it is not. The text of the CAFTA-DR T&LP and similar provisions in other FTAs might make it difficult to find a violation whose remedy is a better enforcement of the legislation by the exporting country. Is this surprising? Certainly not. There is a political and economic power imbalance between exporters and labour unions in many parts of the world that favours the former in trade negotiations. The text of T&LPs reflect this asymmetry. There is also the issue of sovereignty: how much States enforce their legislation is a matter for them to decide. T&LPs limit this freedom of action, but the limitation is not significant as U.S V Guatemala illustrates. Guatemala prevailed in the dispute at the end: no violation of CAFTA-DR was proven. (at [594]).

year: 2018

title: Review: Audio anecdotes: tools, tips and techniques for digital audio

authors: Whalley, Ian

subjects: music

abstract: Audio Anecdotes is the first in a series of three books covering creating, recording, processing, and analyzing sound and music, also touching on the opportunities presented by digital media and computing. This first book divides into eight chapters and twenty-five essays addressing measurement, perception, recording, synthesis, signal processing, computer techniques, computer tools, and human experience. Co-editor Ken Greenebaum notes that after being frustrated and disappointed with the lack of resources available to understand digital (and previously analog) media, his intention was “to create the book I wished for then and that I still want today” (p. xi). The editors note that “articles take a variety of forms: introductions, essays, in-depth technical explorations, presentations of tools and techniques, and post-mortem analysis” (p. xiv). With the variety of authors that have contributed, particularly those coming from beyond the academy and those drawing on personal experience, readers are encouraged to learn about the contributors’ backgrounds before reading each section.

text: Review: Audio anecdotes: tools, tips and techniques for digital audio Audio Anecdotes is the first in a series of three books covering creating, recording, processing, and analyzing sound and music, also touching on the opportunities presented by digital media and computing. This first book divides into eight chapters and twenty-five essays addressing measurement, perception, recording, synthesis, signal processing, computer techniques, computer tools, and human experience. Co-editor Ken Greenebaum notes that after being frustrated and disappointed with the lack of resources available to understand digital (and previously analog) media, his intention was “to create the book I wished for then and that I still want today” (p. xi). The editors note that “articles take a variety of forms: introductions, essays, in-depth technical explorations, presentations of tools and techniques, and post-mortem analysis” (p. xiv). With the variety of authors that have contributed, particularly those coming from beyond the academy and those drawing on personal experience, readers are encouraged to learn about the contributors’ backgrounds before reading each section.

year: 2009

title: Māori wards in Tauranga Moana and Aotearoa: Liminal local government democracy

authors: Des Forges, Sandra

subjects: Māori wards

abstract: This thesis focuses on Māori representation within the highly contested arena of local government democracy in Aotearoa New Zealand. Limitations of the current Eurocentric model of local government democracy are considered at various spatial scales. Legislative changes to enable councils to establish Māori wards were launched in the early 2000s. Māori wards are defined locations where those on the Māori electoral roll vote for Māori ward candidates, resulting in dedicated Māori representation at elected member level. Until 2021 when the legislation was amended to remove the ability for public referenda to challenge council decisions on establishing Māori wards, however, little change occurred. Since then, 35 councils have established Māori wards for the 2022 local body elections.
The research asks how, and in what ways, do Māori wards decolonise local government and encourage greater Māori representation? To explore this question, the empirical chapters are framed around three key aspects of liminality; the in-between positioning of Māori wards reflecting a time of change; this liminal space being a time where unease and discomfort is experienced by some as Indigenous disparity is addressed; and the threshold positioning of Māori wards as a place of opportunity and creativity, where new ideas and practices may be considered. Geographical concepts of (un)belonging, exclusion and deep colonising reveal challenges for Māori participation at the level of local government decision-making. 
The research uses an Indigenous methodological framework, Te Ara Tika, based on a framework of Kaupapa Māori, and developed specifically for non-Māori researchers. Māori wards have been widely debated in the media, particularly at the time of changes to the Māori ward legislation in 2021. Thematic analysis of 122 media representations of the Māori ward debate constitutes part of the empirical evidence. Fourteen individual interviews with local government representatives, including elected Council members from Tauranga Moana and members of Te Rangapū Mana Whenua o Tauranga Moana Partnership, were conducted. Additionally, participant observations took place at three public meetings on Māori wards.
The way the current form of local government representative democracy impacts Māori representation is identified. The research demonstrates how local government continues to act as a tool of colonialism by privileging Western worldviews, institutions, and systems. The research finds that Māori wards are liminal democratic options that are both decolonising and deep colonising. Evidence shows that the liminal space of Māori wards is an opportunity to consider options for a way forward to reimagine local government as a place of belonging underpinned by Te Tiriti o Waitangi and Te Ao Māori principles. 
The research builds on decolonisation literatures that seek to unsettle the hegemony of Eurocentric institutions and systems within colonised countries such as Aotearoa. Providing a critical spatial perspective on the intersection of democracy, colonisation and Indigeneity, this thesis advances decolonising geographical knowledges. In particular, this research advances debates about democratic processes, exposing ways in which colonially-based local authority democratic mechanisms contribute to under-representation issues. A reimagined local government allows current hegemonic approaches to be rethought and provides insights for a shift towards genuine decolonising processes.

text: Māori wards in Tauranga Moana and Aotearoa: Liminal local government democracy This thesis focuses on Māori representation within the highly contested arena of local government democracy in Aotearoa New Zealand. Limitations of the current Eurocentric model of local government democracy are considered at various spatial scales. Legislative changes to enable councils to establish Māori wards were launched in the early 2000s. Māori wards are defined locations where those on the Māori electoral roll vote for Māori ward candidates, resulting in dedicated Māori representation at elected member level. Until 2021 when the legislation was amended to remove the ability for public referenda to challenge council decisions on establishing Māori wards, however, little change occurred. Since then, 35 councils have established Māori wards for the 2022 local body elections.
The research asks how, and in what ways, do Māori wards decolonise local government and encourage greater Māori representation? To explore this question, the empirical chapters are framed around three key aspects of liminality; the in-between positioning of Māori wards reflecting a time of change; this liminal space being a time where unease and discomfort is experienced by some as Indigenous disparity is addressed; and the threshold positioning of Māori wards as a place of opportunity and creativity, where new ideas and practices may be considered. Geographical concepts of (un)belonging, exclusion and deep colonising reveal challenges for Māori participation at the level of local government decision-making. 
The research uses an Indigenous methodological framework, Te Ara Tika, based on a framework of Kaupapa Māori, and developed specifically for non-Māori researchers. Māori wards have been widely debated in the media, particularly at the time of changes to the Māori ward legislation in 2021. Thematic analysis of 122 media representations of the Māori ward debate constitutes part of the empirical evidence. Fourteen individual interviews with local government representatives, including elected Council members from Tauranga Moana and members of Te Rangapū Mana Whenua o Tauranga Moana Partnership, were conducted. Additionally, participant observations took place at three public meetings on Māori wards.
The way the current form of local government representative democracy impacts Māori representation is identified. The research demonstrates how local government continues to act as a tool of colonialism by privileging Western worldviews, institutions, and systems. The research finds that Māori wards are liminal democratic options that are both decolonising and deep colonising. Evidence shows that the liminal space of Māori wards is an opportunity to consider options for a way forward to reimagine local government as a place of belonging underpinned by Te Tiriti o Waitangi and Te Ao Māori principles. 
The research builds on decolonisation literatures that seek to unsettle the hegemony of Eurocentric institutions and systems within colonised countries such as Aotearoa. Providing a critical spatial perspective on the intersection of democracy, colonisation and Indigeneity, this thesis advances decolonising geographical knowledges. In particular, this research advances debates about democratic processes, exposing ways in which colonially-based local authority democratic mechanisms contribute to under-representation issues. A reimagined local government allows current hegemonic approaches to be rethought and provides insights for a shift towards genuine decolonising processes.

year: 2023