The institutional and normative significance of the European Union's Acquired Rights Directive

Article Abstract:

Controversies surrounding the European Union (EU) Acquired Rights Directive and Commission v. United Kingdom highlight the tension among member nations regarding supranational social policy legislation. The European Court of Justice found that the UK failed to properly implement the Directive because it did not protect the rights to continued employment of public employees of agencies being privatized. The UK has always been a reluctant participant in the EU's harmonization and integration efforts, and it may need to argue for greater adherence to subsidiarity in future negotiations.

European Community, Social policy, Political aspects, International economic integration, Economic integration, Subsidiarity, European Union

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The labor side agreement under the NAFTA: analysis of its failure to include strong enforcement provisions and recommendations for future labor agreements negotiated with developing countries

Article Abstract:

The North American Agreement on Labor Cooperation was an important supplement to the North American Free Trade Agreement (NAFTA), but US trade officials and lawmakers should have pressed for more effective enforcement mechanisms. The labor agreement only provides for ministerial consultation and does not impose monetary sanctions on participating nations for failing to enforce their own labor laws. In future negotiations with developing nations, the US should insist on monetary sanctions to ensure that those nations cannot obtain an advantage by failing to enforce their own laws.

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All aboard the Congressional fast track: from trade to beyond

Article Abstract:

Congress should renew fast track procedures for the approval of international trade agreements, but the fast track approach should be informed by separation of powers concerns. Two factors need to be looked at in determining whether to apply fast track. Fast track is needed when agreements involve multiple nations and when the procedure remedies an imbalance of power or a special-interest influence. If these standards are employed, fast track procedures will reduce the risks of legislative obstruction while encouraging meaningful debate between branches of government.

Separation of powers, Powers and duties, United States. Congress, Treaty ratification, Treaty-making power

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