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.

Elements of Theory

The two first sessions of the seminar (6 & 13 October) concern the terminology, the difficulty of definition(s), debate on the justification, and sources of fundamental social rights.

Why? The justification of social rights

What is the justification of social rights? Are the values of social rights based on solidarity, citizenship, equality, or other moral grounds?

S Deakin, 'Social Rights in a Globalized Economy' in P Alston (ed) Labour rights as human rights (Oxford University Press, New York 2005)

S Fredman, Human rights transformed: positive rights and positive duties (Oxford University Press, Oxford ; New York 2008), p. 9-30.

RH Cox, 'The consequences of welfare reform: how conceptions of social rights are changing' [1998] Journal of Social Policy 1

What? Social rights and the question of the legal category

What is a social right? What could be qualified fundamental? To what is it opposed? Can they refer equally validly to labour and welfare rights? How could you explain the diverse terminologies?

E Palmer, Judicial Review, Socio-Economic Rights and the Human Rights Act (Hart Oxford and Portland, Oregon 2007), p. 11-48.

M Champeil-Desplats, 'Les droits et libertés fondamentaux en France, genèse d'une qualification' in P Lokiec and A Lyon-Caen (eds), Droits fondamentaux et droit social (Dalloz, Paris 2004)

How? Social rights in the legal order and the role of courts

How can the recent trend of fundamentalisation of social rights be explained?

MA Moreau, ‘Lessons’ in Social and Labour Law Working Group and European University Institute Law Dept., The fundamentalisation of social rights (EUI working papers. LAW, European University Institute, Florence 2009).

What is the consequence of the multiplication of sources of fundamental social rights?
Is the role of courts in the application of fundamental social rights changing?

N Aliprantis, 'Les droits sociaux au-delà du niveau national: repérages et défis' in N Aliprantis (ed) Les droits sociaux dans les instruments européens et internationaux : défis à l'échelle mondiale (Bruylant, Brussels 2009)

M Langford, 'The justiciability of Social Rights: from practice to theory' in M Langford (ed) Social rights jurisprudence : emerging trends in international and comparative law (Cambridge University Press, Cambridge ; New York 2008), p. 3-45.

Could you identify the most significant point of evolution through the Demir case?

European Court of Human Rights, Case Demir and Baykara vs. Turkey, judgement of 12 November 2008, Application 34503/97.

What to read?

Two pieces are compulsory for the first session.

MA Moreau, ‘Lessons’ in Social and Labour Law Working Group and European University Institute Law Dept., The fundamentalisation of social rights (EUI working papers. LAW, European University Institute, Florence 2009).

S Deakin, 'Social Rights in a Globalized Economy' in P Alston (ed) Labour rights as human rights (Oxford University Press, New York 2005)

A third is compulsory for the second session.

M Langford, 'The justiciability of Social Rights: from practice to theory' in M Langford (ed) Social rights jurisprudence : emerging trends in international and comparative law (Cambridge University Press, Cambridge ; New York 2008), p. 3-45.

Welcome !

This blog is an experiment. It hopefully offers an interface more suitable to exchanges and discussion than the public folders

Its purpose is to ensure the reflexivity of the seminar of Prof. Marie-Ange Moreau. Reflexivity is not only about interaction between teachers and researchers. It aims at guarantee the adaptation to our research interests and the update of doctrinal and jurisprudential references.

It can be used in a both prospective and retrospective fashion. In preparation of the sessions, it can provide a platform to share references in doctrine and case-law. In a like manner, themes discussed at the seminar can be developped here.

Stay tuned.

Ph.