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

Leveling the Playing Field: Labor Provisions in CAFTA

Part I of this Article details labor problems in CAFTA countries, with specific emphasis on problems related to fundamental labor rights. Part II discusses the labor-related trading objectives mandated by the U.S. Congress in the TPA, including the relationship of those objectives to core international labor standards promulgated by the International Labor Organization ( ILO ). Part III then analyzes the labor provisions that are included in CAFTA. To the extent that these provisions do not fulfill the labor objectives set forth in the TPA and do not adequately promote core international labor standards, Part IV proposes provisions that the United States should include in future trade agreements

“Say on Pay”: The Movement to Reform Executive Compensation in the United States and European Union

In the aftermath of an array of economic failures, there is a growing movement to reform executive compensation. Concerned that executive compensation structures reward inappropriate risk taking and create a short-term perspective, the United States and the European Union are taking steps to reform the ways executives are compensated. Part I analyzes governmental and regulatory action in the United States, including SEC disclosure rules and the Dodd-Frank Wall Street Reform and Consumer Protection Act. Part II details new initiatives in the European Union that recommend changes to remuneration for directors of listed companies and remuneration in the financial services sector, as well as steps taken in EU Member States to implement specific changes. Inasmuch as the reform initiatives in the United States and the European Union create new responsibilities for shareholder participation in compensation, Part III recommends additional tools for shareholders to monitor ?pay for performance