Regional integration and the harmonization of labour regulations in the European Community, under the North American Agreement on Labour Cooperation and in the Southern African Development Community: An overview on different approaches

Gonell, Jan

Regional integration and the harmonization of labour regulations in the European Community, under the North American Agreement on Labour Cooperation and in the Southern African Development Community: An overview on different approaches

Thesis / Dissertation

2009

Publisher

University of Cape Town

Department

Institute of Development and Labour Law

Faculty

Faculty of Law

Abstract

The highly complex phenomenon globalization has among its many impacts a strong influence on the labour markets worldwide. Latest reports on global employment trends reveal that the overall development of working conditions for the working population is disadvantageous. Whereas labour activists call for the introduction of certain core labour standards on a global level neo-liberals argue for the free play of market forces and refuse to link trade policies to labour issues. It is a fact, however, that today there is no satisfying solution in terms of a meaningful protection of workers on the global level. Notwithstanding this situation harmonization of labour laws takes place on a regional level albeit by very different means and with widely differing outcomes. In this context the paper examines the unique approaches chosen by the European Union, under the North American Free Trade Agreement and in the Southern African Development Community. The main part of the paper will focus on the institutional as well as legal framework in force in each of the regional arrangements and it will outline the results in terms of harmonisation of labour standards so far. In the respective chapters I will critically discuss the achievements under consideration of the historic and economic development, political impacts and unique problems prevailing in the regions. The European Union will be considered in greater depth than the other regions because it is the most advanced organization with a highly complex institutional and legal structure. In the last part of the paper I will analyse the most important weaknesses and positive developments of the different approaches and focus on the question whether any of the systems may provide lessons for successful harmonization of labour standards in general. I will conclude with a summary of those features that are from my point of view mandatory for any harmonization endeavour in order to achieve meaningful results for the working population. It is however clear that the further development of regional integration in general and the harmonization of labour regimes in particular will strong! y depend on the full impact of the current global economic and financial crisis.

Keywords

Labour Law

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