Professional Documents
Culture Documents
Introduction
Rules on services primarily found in
GATS
And certain regional economic
organizations
EU and NAFTA
Schedule of liberalization
Goal of progressive liberalization
Regional Intergovernmental
Regulations on Trade in Services
EU law on trade in services
Much broader than GATS, now EU wide
Freedom to provide services
Right of establishment (movement)
Now enshrined as core right of EU
Regional Intergovernmental
Regulations on TS Contd)
NAFTA
Very similar to GATS, transparency, MFN
treatment, national treatment
Non-NAFTA service providers given some rights p. 408
Regional Intergovernmental
Regulations on Labor
Employement laws in the EU
Freedom of movement of workers
Freedom of movement of workers universally
applied
Actionable right
Regional Intergovernmental
Regulations on Labor
Employment standards of OECD
OECDs Guidelines for Multinational
Enterprises
For home and host countries
See p. 432
Guidelines are voluntary,
Influence as establish a minimum international
standard
Regional Intergovernmental
Regulations on Labor
Protection of Workers Rights by the
Council of Europe
European Convention on Human Rights
of 1950, p. 433
European Social Charter of 1961, p. 433
Regional Intergovernmental
Regulations on Labor
Transnational Organized Labor
Transnational labor unions
representing employees across
international boundaries can only exist
where IGOs have the power to sanction
them (EU, Council of Europe)
None
Movement of Workers
UDHR: everyone has the right to
leave any country, including his own,
and to return to his country
Not generally accepted rule of
international law today
Requirement of passport, permission to
leave country
US: no right to passport or right to leave
country
Movement of Workers
Contd
Visas
Host states counterpart to passport
Temporary visas
Visitors, transits, students etc. See p. 438
Reading 8-3, US visa regulations
See websites for more current information
Movement of Workers
Contd
Regulation of Foreign Workers
Percentile legislation
Abide by host state labor laws,
sometimes required to abide by home
state labor laws
Movement of Workers
Contd
Application of Home State Labor Laws
extraterritorially
Principle not to apply --- concept of
sovereignty
US: both
Antidiscrimination provisions of Civil Rights
Act
Americans with Disabilities Act of 1990