Free trade agreements (FTAs) are contractual obligations between the parties to reduce or eliminate tariffs on imports and reduce/eliminate trade restrictions in a wide array of economic sectors and services.[1] The goals of FTAs are to promote cross-border trade and investment and provide a stimulus to the economy of the trade partners. FTAs arise from…
The last couple of years have been momentous for platform work, with stories hitting the lines of major newspapers at least weakly, litigation sparkling globally and platform workers organising all around the world. It can be said that the curtain of invisibility initially surrounding platform workers has been lifted, at least partially. It is more…
The employment status of platform workers has been the subject of extensive litigation in the last couple of years. In many parts of the world, these workers have tried to obtain reclassification as employees in court. In a previous blog, I have highlighted how far too often the workers’ claims have been rejected on the…
The networked society as a new landscape for obligations The neighbour principle On 26 May 1932, the UK’s House of Lords, released its decision in Donoghue v Stevenson. This decision has been influential for tort law in the common law world. Often referred to in less austere terms such as the ‘snail in the bottle…
This the seventh post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here, for Part IV click here, for Part V click here, for Part VI click here. The United States and Canada are continuing their meetings this week to try…
This the sixth post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here, for Part IV click here, for Part V click here. The terms of the bilateral agreement reached by the United States and Mexico on August 27, 2018, as…
This the fifth post in a series of posts commenting on the NAFTA renegotiation process. For Part I click here, for Part II click here, for Part III click here, for Part IV click here. On August 27, the United States and Mexico announced having reached a preliminary agreement regarding the terms under which they would conclude…
As the deadline for Brexit is fast approaching, the UK government published guidance setting out the consequences of a No Deal with the European Union on its exit on 29 March 2019. While the announcement emphasised the priority to reach a deal with the EU, the government sought to provide advice to business and citizens…
Please find below the journal abstract of “Constitutionalizing Labour Rights: Informal Homeworkers in Global Value Chains” by Marlese von Broembsen, published in International Journal of Comparative Labour Law and Industrial Relations, Issue 3, Volume 34, 2018 edited by Guy Davidov. This article analyses, from a constitutionalism perspective, the ubiquitous ‘due-diligence human rights framework’ that aims to hold multi-national…
In 1997, Fareed Zakaria wrote of illiberal democracies. His concern centred around the freedoms (such as speech, assembly, religion, property) that Zakaria termed ‘constitutional liberalism’. These natural rights held by human beings were to be respected by government. Illiberal democracies casually ignore constitutional limitations and undercut the aforementioned ‘basic’ rights. Zakaria’s observation has offered insight for…
