Documents MERCOSUR 7 results

"The Socio-Labour Declaration is the legal instrument that protects fundamental labour rights within Mercosur and its Member States legal orders. Its 2015 revision enhanced quantitively and qualitatively the rights enshrined therein. Relying upon recent literature on Latin American regional integration, this article considers the complex institutional and legal framework in which the Declaration has been adopted and implemented. It examines how the intergovernmental character of Mercosur has shaped the legal content of the Socio-Labour Declaration. The institutional context of the Declaration requires the active cooperation and intervention of both regional and national actors. This article explores how Mercosur bodies have taken advantage of the flexible institutional framework to implement the Declaration through regional plans and policies. It also analyses the contrasting enforcement roles of the national executive and legislative powers, characterized by their timidity, and the judicial activism that is essential to consider the Declaration as a justiciable instrument. The article concludes that the Socio-Labour Declaration is a crucial instrument in protecting workers' rights in this trade bloc, and that the 2015 revision introduced substantial improvements that may provide the legal basis for future judgments, and regional and national labour laws reforms."

"National economies around the world are becoming increasingly integrated. While regional integration offers opportunities for mutual gain, it also fosters distributional consequences, thus creating economic and political risks for governments. Governments pursue different strategies for coping with risk. The first strategy is protectionism. A second strategy is to link economic openness with the provision of domestic compensation. A final strategy is for nations to develop mechanisms to coordinate rules, norms, or principles to govern working conditions and industrial relations. The political conflict between nations at different stages of economic development, and the regional responses in the EU, NAFTA, MERCOSUR, and ASEAN all follow a similar pattern, with the more advanced economies pressing for some harmonization that would moderate the competitive advantages of developing countries. Given this cleavage, various compromises have been struck, which confirmed national policy control but also amounted to an incremental convergence toward common minimum standards."

"This article analyses the emergence and institutionalization of regional industrial relations arrangements in six regional integration agreements (European Union, North American Free Trade Association, Mercado Común del Sur, Economic Community of West African States, Southern African Development Community, Association of Southeast Asian Nations). In each, the article investigates human and social rights, labour standards, residence and social security rights of migrants, regional union and employer organization, and provisions for social dialogue. The article tries to explain the comparative differences in emergent regional industrial relations by testing four competing hypotheses based on integration and institutional theories specified at the regional and national level."

"Universal access to social protection for migrant workers is emerging as a problematic issue in the implementation of free movement regimes at a regional level. This article focuses on the concept of regional governance as a possible mechanism to address the unsolved challenges of social security regimes to extend coverage. To this end, the article looks at current legal developments in two regional projects (ASEAN and MERCOSUR) to identify a creative approach to strengthen the development of national floors of social protection. The interest of using these case studies lies in exploring whether the regional integration process can play a major role in the progressive extension of social protection rights to migrant workers by facilitating the adoption of social security agreements."