Abstract[Excerpt] The proliferation of corporate codes of conduct generates both alliance and tension between trade unions and NGOs that deal with workers' rights in the global economy. Alliance, because trade unions and NGOs share a common desire to halt abusive behaviour by multinational companies and a broader goal of checking corporate power in the global economy. Tension, because unions and NGOs have differing institutional interests, different analyses of problems and potential solutions, and different ways of thinking and talking about social justice in the global economy. There are fears that codes of conduct may be used to undermine effective labour law enforcement by governmental authorities and undermine workers' power in trade unions. The substance behind the rhetoric on this new generation of corporate codes of conduct is certainly open to question. However, this paper argues that, given unions' weak presence in the global assembly line and the rapid-response capabilities of many NGOs, such codes are a valuable asset. Trade unions and NGOs still have more in common with each other than either has with corporations, governments, or international organisations that see free trade and free-flowing capital as the solution to low labour standards. But both need to be clear-eyed about their differences and their proper roles as they navigate the opportunities and challenges that lie ahead. Required Publisher Statement
The North American Free Trade Agreement (NAFTA) and its supplemental labor pact, the North American Agreement on Labor Cooperation (NAALC) reflect the uneven advances of labor rights advocacy in connection with international trade. NAFTA provides extensive rights and protections for multinational firms and investors in such areas as intellectual property rights and investment guarantees. The NAALC only partially addresses labor rights and labor conditions, but within its limits it has shown itself to be a viable tool for cross‐border solidarity among key actors in the trade union, human rights, and allied movements. The NAALC's principles and complaint mechanisms create new space for advocates to build coalitions and take concrete action to articulate challenges to the status quo and advance workers' interests. Cooperation, consultation, and collaboration among social actors have brought a qualitative change to transnational labor rights networks in North America.
Most trade unionists were oblivious to international human rights movement in the last half of the twentieth century. For their part, human rights advocates did not include workers' rights on their agenda. But in the late 1990s, labor and human rights advocates came together to reframe workers' collective action as a human rights mission rather than a self-interested syndical action. A new labor-human rights alliance built a wide-ranging discourse of workers' rights as human rights. The expertise and knowledge attributable to human rights actors gave their critique of workers' rights violations in the U.S. a high measure of authoritativeness compared with trade unionists making the same claims.Critics suggest that a human rights frame moves away from a class analysis, de-emphasizing principles of industrial democracy and mass action in favor of individual rights. This article argues that a human rights argument can help win needed labor law reform to protect workers' rights.
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