Social Rights and International Trade Law

Dear Friends,

Next session will concern the role of social clauses in international trade agreements. We propose the following references :

A Gatto, 'The Integration of Social Rights Concerns in the External Relations of the European Union' in G De Búrca, B De Witte and L Ogertschnig (eds), Social rights in Europe (Oxford University Press, New York 2005)

D Wells, '“Best practice” in the Regulation of International Labor Standards: Lessons of the U.S.-Cambodia Textile Agreement' [2006] 27 Comparative Labor Law & Policy Journal 357



We also propose to work on the following questions :

1. Can the choices made by international negotiators on social clauses be classified?

2. How can we evaluate the impact of social clauses?

3. Can the conditions for effectiveness of the social fundamental rights in social clauses be identified?


Enjoy !

ph

Justiciability & International Human Rights Law

The following session will be organised with Prof. Martin Scheinin. It will concern the question of justiciability of social rights in international law. The following reference can be found on the public folders.

Enjoy !

Readings :

M Scheinin, 'Human Rights Committee: Not only a Committee on Civil and Political Rights' in M Langford (ed) Social rights jurisprudence : emerging trends in international and comparative law (Cambridge University Press, Cambridge ; New York 2008)

M Scheinin, 'Justiciability and the Indivisibility of Human Rights' in J Squires, M Langford and B Thiele (eds), Road to a remedy : current issues in the litigation of economic, social and cultural rights (Australian Human Rights Centre, Sydney 2005)


Optional additional reading :

M Scheinin, 'Economic and Social Rights as Legal Rights' in A Eide, C Krause and A Rosas (eds), Economic, social, and cultural rights : a textbook (2nd rev. edn, M. Nijhoff, The Hague ; Boston 2001)

For the Joint Session on imbalance btw Social and Economic Constitution

This article may be of some interests

Dukes, R., 2008, "Constitutionalizing Employment Relations: Sinzheimer, Kahn-Freund and the Role of Labour Law", Journal of Law and Society, vol. 35, no. 3, pp. 341-363. to download here.

Countries with the Biggest Gaps Between Rich and Poor

Following the discussion we had this morning in the seminar, Business Week displays some elements that may be of some interests.

Social rights and Enlargement: the case of states in transition

The session will focus on the role of social rights in countries in political, social and economic transition.

Compulsory readings :

AM Swiatkowski, 'European Union Citizenship and the Rights of Access for Welfare State: a Comparison with Welfare Rights guaranteed by the Council of Europe as seen from the Perspective of a New Member State' in UB Neergaard, R Nielsen and LM Roseberry (eds), Integrating welfare functions into EU law : from Rome to Lisbon (DJØF Pub., Copenhagen 2009)

S Liebenberg, 'South Africa : Adjudicating Social Rights under a Transformative Constitution' in M Langford (ed) Social rights jurisprudence : emerging trends in international and comparative law (Cambridge University Press, Cambridge ; New York 2008)

Might be of some interest after Demir

The European Court of Human Rights has pushed forward its interpretation of art. 11 since it has recognized that not only does it encompass the right to collective bargaining (Demir) but it also includes the right to strike (Enerji).
The link to the latter is here.

Sadly, the case is only in French yet.

Franck

Elements of Theory II

Dears Friends,

Here are a few links :

http://www.law.uiuc.edu/publications/cll&pj/archive/vol_29/issue_1/FudgeArticle29-1.pdf

The article of Judy Fudge 'The New Discourse of Labor Rights: From Social to Fundamental Rights?'

And a case of the ECJ on the distinction between individual and collective rights

Case C-12/08 Mono Car Styling [2009] ECR I‑0000

And the link to the Demir case :

http://cmiskp.echr.coe.int/tkp197/view.asp?item=1&portal=hbkm&action=html&highlight=demir&sessionid=31285259&skin=hudoc-en

Ph.