NAFTA and NAALC


Book Description

The 25th anniversary edition of the NAFTA and NAALC monograph in the International Encyclopaedia of Laws, Labour Law and Industrial Relations is a comprehensive and up-to-date 270-page resource that contains essential background on the structure and operation of labour provisions in North American free trade agreements, including NAFTA, USMCA, CAFTA-DR, TPP, CPTPP, TTIP, CETA, EU-Mexico, and Canadian and US bilateral free trade agreements with partners in Latin America and around the world. It also contains a complete digest of all of the citizen petitions filed under the NAFTA labour side agreement since 1994. The monograph includes early petitions filed about trade union rights at the Honeywell and Echlin plants in Mexico, the McDonald's case in Canada, and the Washington Apple and DeCoster Egg cases in the United States – not to mention recent petitions filed about migrant worker rights under the H-2A and H-2B visa programs in the US. In addition to being the most complete compilation of NAALC cases in existence today, NAFTA and the NAALC Twenty-Five Years of North American Trade-Labour Linkage outlines the internal mechanics leading to the filing of a 2000 NAALC petition with the Government of Mexico about unequal treatment of migrant workers in the US, and describes changes in the treatment of petitions by US, Mexican and Canadian authorities over the last 25 years. It also contains a chapter that compares the NAALC to the OECD Guidelines for Multi-National Enterprises and highlights recent North American cases filed under the OECD Guidelines including the relatively lesser known 2004 Yucatan Markey Tex-Coco Tex petition, which was dual filed under both mechanisms, and dual petitions filed under NAALC and the OECD Guidelines about working conditions at Chedraui grocery stores in Southern California and Northern Mexico. Highlights in 25th anniversary edition include: the first reports issued under labour provisions of Canadian and US FTAs with Colombia; the latest developments in pending cases filed under CAFTA-DR and the US-Peru FTA, including the 2017 decision by the first ever Arbitral Panel established under the labour provision of CAFTA-DR in the Guatemala labour case; addition of the 2006 labour petition filed under the US-Jordan FTA; new sections comparing labour provisions in multi-lateral FTAs such as TPP, CPTPP, CETA, and the proposed TTIP; NAALC petitions filed with the Government of Mexico about sexism in recruitment for temporary agricultural labour programs in Canada and the United States; and a new chapter comparing the NAALC to labour provisions in the signed, but not-yet-ratified USMCA.




Lessons from NAFTA


Book Description

Analyzing the experience of Mexico under the North American Free Trade Agreement (NAFTA), 'Lessons from NAFTA' aims to provide guidance to Latin American and Caribbean countries considering free trade agreements with the United States. The authors conclude that the treaty raised external trade and foreign investment inflows and had a modest effect on Mexico's average income per person. It is likely that the treaty also helped achieve a modest reduction in poverty and an improvement in job quality. This book will be of interest to scholars and policymakers interested in international trade and development.




Created from NAFTA: The Structure, Function and Significance of the Treaty's Related Institutions


Book Description

The North American Free Trade Agreement involved much more than simple trade barrier reduction. This volume provides an in-depth examination and analysis of the structure, functions, and performance of the NAFTA institutions from their inception.







The International Defense of Workers


Book Description

International trade agreements have often been criticized for limited attention to the rights of workers. The North American Agreement on Labor Cooperation (NAALC), a side agreement to the North American Free Trade Agreement (NAFTA), stands out for linking labor rights provisions to a U.S. trade agreement. Kevin J. Middlebrook provides a comprehensive and systematic examination of the NAALC, assessing its efficacy in protecting workers’ rights over the entire period it was in effect and demonstrating its broader significance for the role of trade and labor standards in U.S. foreign policy. Placing the NAALC in comparative context, Middlebrook considers various ways of promoting workers’ rights and how other U.S. international trade agreements have influenced labor rights abroad. He investigates the origins of the agreement; the political controversies among Canada, Mexico, and the United States over its scope; how the agreement operated in practice; and its longer-term policy legacies. Middlebrook emphasizes the tension between state sovereignty and the international promotion of labor rights in the negotiation and implementation of trade agreements, as well as how labor movements in one partner country can galvanize action in others. Drawing on interviews with high-level officials involved in the trade negotiations and previously unexamined primary sources, The International Defense of Workers is a groundbreaking analysis of the effects of U.S. trade agreements on labor rights.




The State of Working America 2006/2007


Book Description

Praise for previous editions of The State of Working America: "The State of Working America remains unrivaled as the most-trusted source for a comprehensive understanding of how working Americans and their families are faring in today's economy."--Robert B. Reich"It is the inequality of wealth, argue the authors, rather than new technology (as some would have it), that is responsible for the failure of America's workplace to keep pace with the country's economic growth. The State of Working America is a well-written, soundly argued, and important reference book."--Library Journal "If you want to know what happened to the economic well-being of the average American in the past decade or so, this is the book for you. It should be required reading for Americans of all political persuasions."--Richard Freeman, Harvard University "A truly comprehensive and useful book that provides a reality check on loose statements about U.S. labor markets. It should be cheered by all Americans who earn their living from work."--William Wolman, former chief economist, CNBC's Business Week "The State of Working America provides very valuable factual and analytic material on the economic conditions of American workers. It is the very best source of information on this important subject."--Ray Marshall, University of Texas, former U.S. Secretary of Labor"An indispensable work . . . on family income, wages, taxes, employment, and the distribution of wealth."--Simon Head, The New York Review of Books "No matter what political camp you're in, this is the single most valuable book I know of about the state of America, period. It is the most referenced, most influential resource book of its kind."--Jeff Madrick, author, The End of Affluence "This book is the single best yardstick for measuring whether or not our economic policies are doing enough to ensure that our economy can, once again, grow for everybody."--Richard A. Gephardt "The best place to review the latest developments in changes in the distribution of income and wealth."--Lester ThurowThe State of Working America, prepared biennially since 1988 by the Economic Policy Institute, includes a wide variety of data on family incomes, wages, taxes, unemployment, wealth, and poverty-data that enable the authors to closely examine the effect of the economy on the living standards of the American people.




Assessment of Labour Provisions in Trade and Investment Arrangements


Book Description

Nearly half of trade agreements concluded in the past five years included either a labor chapter or labor provision that makes reference to international labor standards and ILO instruments. The evidence so far suggests that labor provisions have been an important tool for raising awareness and improving laws and legislations with respect to workers' rights, increasing stakeholder involvement in negotiation and implementation phases, and developing domestic institutions to better monitor and enforce labor standards. But challenges remain, particularly with respect to sustainability of impacts, coherence, and cooperative efforts. This new report, part of the Studies on Growth with Equity series, gives a full examination of the scope and effectiveness of these labor provisions.




Side Effects


Book Description

This is a story about governance in Mexico after the labor and environmental accords—called "side agreements"—that accompanied the NAFTA treaty went into effect. These side agreements required member states to uphold and enforce their labor and environmental laws; though never codified, it was widely accepted that Mexico, in particular, had a problem with law enforcement. Side Effects explores how differences in institutional design (of the side agreements) and domestic capacity (between the labor and environment sectors) influenced norm socialization in Mexico. It argues that the acceptance of rule-of-law norms in environmental governance can be attributed to participating institutions' independence from national control, their willingness to give citizens access, and the professionalization and technical capacity of domestic bureaucrats and civil society actors. Changes in labor governance have been hampered by union confederations, longstanding corruption, and a closed opportunity structure. Going beyond a simple accounting exercise of resources devoted to enforcing the law, this book comes to grips with how best to strengthen local capacity and promote pro-norm behavior—advances essential to the task of development and democratization.




The Limits of Regionalism


Book Description

Assessing the effectiveness of the North American Agreement on Labour Cooperation (NAALC), this book examines the operation of the core institutions (the Secretariat and National Administrative Offices) over the past seven years. It discusses the main functions of these institutions in hearing public submissions on violations of labour laws and in conducting research and cooperative activities. Based on interview research, the analysis reviews the strengths and weaknesses of the accord to assess its contribution to a common labour relations regime in North America and its impact in creating new transnational communities of actors in government and civil society in the three countries. The NAALC is also compared with the social dimension of the European Union system, and a final assessment is made as to whether the NAALC institutions live up to the promises of their founders and whether these can be a model for labour relations in any future Free Trade Area of the Americas (FTAA) agreement.