Enforcing International Labor Standards: The Potential of the Alien Tort Claims Act

Professor Pagnattaro argues that courts should allow claims under the Alien Tort Claims Act (ATCA) to enforce international labor rights for alien workers. She begins by reviewing the history of the ATCA and the developing jurisprudence in the international labor context, including recent and pending cases involving employee ATCA claims against U.S. multinational corporations. After outlining what is necessary to assert an ATCA claim, including what is required to satisfy jurisdictional requirements, to state a claim under the law of nations, and to hold employers liable for violations of the law of nations, she details international foundations which can be used to support employee claims under the ATCA; addresses common legal challenges to ATCA claims; and discusses the remedies and their potential shortcomings, under the ATCA. Ultimately, she concludes that there is sufficient international consensus about core labor rights, as evidenced by widely adopted international agreements, treaties, and conventions, to support ATCA claims, making this statute an important method of enforcing core labor rights. In general, U.S.-based multinational companies engaged in a global enterprise should be aware that treatment of workers in violation of the law of nations may subject them to ATCA liability in U.S. federal courts

Is Labor Really Cheap in China - Compliance with Labor and Employment Laws

This Article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed

No. 7 - The Future of International Trade: An American Perspective

Organized and sponsored by the Dean Rusk Center for International Law and Policy and the University of Georgia’s Terry College of Business, along with the Business Law Society and Graduate Business Association, The Future of International Trade was a daylong conference exploring issues related to the business aspects of international trade, future challenges for trade, and the future of multilateral trade negotiations. Ambassador Demetrios Marantis, deputy U.S. trade representative, served as the keynote speaker for the event

No. 8 - The Cuban Embargo: Policy Outlook after 50 Years

Organized and sponsored by the Dean Rusk Center for International Law and Policy, The Cuban Embargo: Policy Outlook after 50 Years was a daylong conference exploring issues related to the impact of trade sanctions imposed by the United States on Cuba, pathways to lifting the embargo and potential U.S.-Cuba trade opportunities. Ambassador José R, Cabañas, the chief of mission at the Cuban Interests Section in Washinton, D.C., served as the keynote speaker for the event. The transcript of the conference proceedings has been edited for publication with the consent of the speakers

Leaks, legislation and freedom of speech: how can the law effectively promote public interest whistleblowing

In this article we outline the differences between leaking and whistleblowing, and provide possible justifications for leaking. We argue that, as a matter of principle, leaking information outside an organization will normally not further any public interest and should only be used as a last resort where problems have not been resolved internally. As uncontrolled leaking may be hazardous, we believe that the opportunity to blow the whistle in accordance with structured procedures offers a more satisfactory mechanism for exposing financial and other forms of wrongdoing (Carr and Lewis 2010). Next we describe how freedom of speech, whistleblowing legislation and internal reporting procedures provide alternatives to leaking and explain how they all operate unsatisfactorily in certain respects. In our analysis we refer to international conventions and the laws of four countries (USA, UK, France and Germany) that we consider representative of the different approaches to the treatment of whistleblowers. In conclusion, we suggest that regimes which are aimed at encouraging public interest disclosures through organizational insiders need improvement. Without this, unauthorized leaking could be tolerable in certain situations. Finally, we observe that public interest disclosure regimes need to take the human right dimension into accoun

The Law and Ethics of Restrictions on an Employee's Post‐Employment Mobility

Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/90172/1/ablj1128.pd