Human Rights and Labor Solidarity
Human Rights and Labor Solidarity: Trade Unions in the Global Economy
SUSAN L. KANG
Series: Pennsylvania Studies in Human Rights
Copyright Date: 2012
Published by: University of Pennsylvania Press
Pages: 360
https://www.jstor.org/stable/j.ctt3fj3zc
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Human Rights and Labor Solidarity
Book Description:

Faced with the economic pressures of globalization, many countries have sought to curb the fundamental right of workers to join trade unions and engage in collective action. In response, trade unions in developed countries have strategically used their own governments' commitments to human rights as a basis for resistance. Since the protection of human rights remains an important normative principle in global affairs, democratic countries cannot merely ignore their human rights obligations and must balance their international commitments with their desire to remain economically competitive and attractive to investors. Human Rights and Labor Solidarity analyzes trade unions' campaigns to link local labor rights disputes to international human rights frameworks, thereby creating external scrutiny of governments. As a result of these campaigns, states engage in what political scientist Susan L. Kang terms a normative negotiation process, in which governments, trade unions, and international organizations construct and challenge a broader understanding of international labor rights norms to determine whether the conditions underlying these disputes constitute human rights violations. In three empirically rich case studies covering South Korea, the United Kingdom, and Canada, Kang demonstrates that this normative negotiation process was more successful in creating stronger protections for trade unions' rights when such changes complemented a government's other political interests. She finds that states tend not to respect stronger economically oriented human rights obligations due to the normative power of such rights alone. Instead, trade union transnational activism, coupled with sufficient political motivations, such as direct economic costs or strong rule of law obligations, contributed to changes in favor of workers' rights.

eISBN: 978-0-8122-0602-9
Subjects: Political Science
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  1. Front Matter
    Front Matter (pp. i-vi)
  2. Table of Contents
    Table of Contents (pp. vii-viii)
  3. PREFACE
    PREFACE (pp. ix-x)
  4. List of Abbreviations
    List of Abbreviations (pp. xi-xii)
  5. CHAPTER 1 The Precarious Position of Trade Union Rights in the Global Political Economy
    CHAPTER 1 The Precarious Position of Trade Union Rights in the Global Political Economy (pp. 1-17)

    The rights of workers to join and act within trade unions occupied an unclear place at the end of the twentieth century. These rights, also called trade union rights, include the rights for workers to join and form organizations, engage in collective bargaining, and engage in strikes and other actions to protect their interests.¹ Prominent state and nonstate actors expressed their support for trade union rights through the adoption and creation of various international instruments. States, nongovernmental organizations (NGOs), and UN bodies affirmed the importance of labor rights, including trade union rights, at the 1995 World Summit on Social Development...

  6. CHAPTER 2 Negotiations and Norms: The Development of Trade Union Rights in International Law and Institutions
    CHAPTER 2 Negotiations and Norms: The Development of Trade Union Rights in International Law and Institutions (pp. 18-40)

    Trade union rights include three related norms: the right to freedom of association; the right to collective bargaining; and the right to collective action, including the right to strike. These rights developed as a result of popular political contestation and an emerging, though fraught, social consensus regarding the necessity of allowing workers to organize and act collectively.¹ In doing so, trade unions can bargain for better working conditions and protect the interests of their workers. While states can provide workers with some of the same tangible benefits (individual-level protections such as minimum wage, job security, layoff protections, health and safety...

  7. CHAPTER 3 International Institutions and Their Protections of Trade Union Rights
    CHAPTER 3 International Institutions and Their Protections of Trade Union Rights (pp. 41-65)

    This chapter introduces the mechanics of the trade union rights institutions discussed in this book and the extent to which they protect these rights. The first part of the chapter reviews the range of “sub-rights” that international law defines as specific protections of trade union rights. The second part of the chapter explains the processes within each international institution involved in the cases studied and analyzes how these institutions have interpreted their legal commitments over time. This chapter also evaluates whether institutions codify trade union rights under harder or softer legalization, using the Abbott and Snidal framework of legalization: obligation,...

  8. CHAPTER 4 South Korea: International Ambitions and the Postdevelopmental State
    CHAPTER 4 South Korea: International Ambitions and the Postdevelopmental State (pp. 66-112)

    Unlike the United Kingdom or Canada, South Korea is a recently developed country. Within the last few decades, Korea has transitioned from a repressive dictatorship to a high income, industrialized democracy. Political space for independent trade unions opened up in 1987, when the ruling party announced plans for direct elections, following weeks of civil society contention. The state immediately restored certain human rights, such as freedom of the press and freedom for political parties.¹ Yet unlike Latin American countries such as Argentina and Brazil, or its neighbor Taiwan,² South Korea did not reform its labor rights practices in a timely...

  9. CHAPTER 5 United Kingdom: New Labour and New Labor Rights?
    CHAPTER 5 United Kingdom: New Labour and New Labor Rights? (pp. 113-154)

    This examination of trade union rights in the United Kingdom, like the South Korean case, considers whether the change to a social democratic government was a sufficient political condition to explain better trade union rights compliance. The Conservative government in power from 1978 until 1997 was hostile to trade union rights. Some legal changes in this case could be attributed to the shift in government, when the historically pro-union Labour party came to power in 1997, under Tony Blair. The Labour government made several trade union rights changes within its first five years. However, partisan efforts alone cannot explain this...

  10. CHAPTER 6 Canada: Federalism and Stalled Compliance
    CHAPTER 6 Canada: Federalism and Stalled Compliance (pp. 155-192)

    Criticism from international institutions prompted both South Korea and the United Kingdom to make a series of partial trade union rights reforms throughout the normative negotiation process, though both countries were initially unwilling to do so. However, the provincial government of British Columbia, Canada, was slower to respond positively to international trade union rights criticisms. Public-sector trade unions in the province of British Columbia brought multiple complaints against a series of related laws, and as in the U.K. and South Korean cases, international opinion supported the unions’ call for legislative changes. Unlike in the United Kingdom or South Korea, though,...

  11. CONCLUSION. International Norms, Trade Union Rights, and Countering Neoliberalism
    CONCLUSION. International Norms, Trade Union Rights, and Countering Neoliberalism (pp. 193-210)

    Trade unions have been on the defensive in recent decades. While most of the attention has been focused on the oppression of unions in nondemocratic and developing countries, trade unions in more developed, democratic states have also faced problems. The case studies in this book demonstrate how even wealthy democracies may resist political demands to improve trade union rights protections. Often, state laws that fail to protect trade union rights are not the result of an accidental oversight, but rather reflect explicit political goals and interests. As a result of economic pressures under globalization, many states have adopted a powerful...

  12. Appendix I. Kucera’s Measure of Freedom of Association and Collective Bargaining
    Appendix I. Kucera’s Measure of Freedom of Association and Collective Bargaining (pp. 211-212)
  13. Appendix II. Number of Unions/Unionization Rate in Korea: 1987–2003
    Appendix II. Number of Unions/Unionization Rate in Korea: 1987–2003 (pp. 213-214)
  14. Appendix III. Case Disputes and U.S. Law
    Appendix III. Case Disputes and U.S. Law (pp. 215-218)
  15. NOTES
    NOTES (pp. 219-274)
  16. BIBLIOGRAPHY
    BIBLIOGRAPHY (pp. 275-302)
  17. INDEX
    INDEX (pp. 303-320)
  18. ACKNOWLEDGMENTS
    ACKNOWLEDGMENTS (pp. 321-322)
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