In response to concern about the model of trade and investment liberalization reflected in existing and proposed trade and investment agreements (TIAs), efforts have been made to balance the economic orientation of trade with social considerations. One proposal that has garnered significant attention in this regard is the social clause (SC): a set of labour rights to be attached to the text of TIAs. Although the idea of including labour rights in TIAs seems laudable, significant opposition to the particular SC recommendations developed by Canadian and international labour organizations has emerged. Some critics charge that the addition of a clause to TIAs will not only prove unproductive, but will actually serve to legitimate problematic aspects of these agreements. Others insist that the content of the SC will exacerbate existing inequalities in the international trade order. In this thesis, I reconstruct debate over the SC to determine whether this instrument can effectively contribute to the realization of a more socially responsible trade and investment regime. Using proposals advanced by the Canadian Labour Congress as a key point of reference, I argue that there are resources available to clause proponents to respond to claims that the SC is an inadequate approach to the goal of resisting the current model of liberalization. As such, there is room to resist the conclusion that the SC should be rejected in its entirety. While it may be possible to preserve the SC approach, however, the same cannot be said about the content of current clause proposals. Criticisms of the narrow range of issues covered by existing SC recommendations clearly demonstrate that a rethinking of the content of the clause is not only warranted, but also necessary. Accordingly, I conclude by exploring three considerations that should be factored into the development of what would constitute a more adequate SC: first, existing patterns of inequality in the international trade system; second, the range of issues addressed by the clause; and third, the location of the clause within the context of the international trade regime. / Graduate and Postdoctoral Studies / Graduate

M.Phil. / Problem: Writer has identified a lack of authoritative guidelines on how to properly administer a po;ygraph test and subsequently present evidence on such test, before dispute resolution and/or adjudicating bodies. Purpose: In short, writer would attempt to analyse the various shortcomings in the manner that labour practitioners and/or presiding officers have dealt with expert evidence, and the admissibility and/or reliability of polygraph tests, over the past two decades. After identifying these shortcomings, writer would attempt a comparison of the South African position with that of the United States of America. Thereafter, writer would make certain suggestions on how the situation may be corrected, so as to attain legal certainty on the subject. Research Methodology: Writer will consider the history of the Lie Detector Test and will consider the scientific operation of such Test. Writer would further analyse the South African legal position on the subject of expert evidence and polygraph testing, including legislation, case law, academic articles, etc. Writer would also endeavour to compare the South African position with that of the United States of America, once again reviewing legislation, case law and academic guidelines. Suggestions: Writer will present practical guidelines to the employee undergoing the test, the polygraph exarr.:ner and the adjudicator at the disciplinary hearing, Labour Court, Commission for Conciliation, Mediation and Arbitration or Bargaining Council. In conclusion, writer will propose that a Code of Good Practise, similar to the current legislation in the United States, be promulgated. Such Code, or similar legislation, should contain a detailed set of guidelines on the evidentiary value of evidence on polygraph testing and the manner that same should be presented during litigious proceedings. In addition, same should set out strict requirements for the administration of valid polygraph tests, i.e. that same should be undertaken voluntarily, that the proceedings must be video recorded, etc.

by Ying Wang-bun. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1981. / Bibliography: leaf 59.

published_or_final_version / Public Administration / Master / Master of Public Administration

Globalization has favoured a new type of business: Multinational Enterprises (MNE). MNE distinguish themselves from national businesses in the sense that they continue to be governed, in their relationship with their employees, by the national law where they operate. This contradictory dualism is the source of great tensions and uncertainties with regard to the future of national and international labour law standards. In a first part of this thesis, we study the International Labour Organization (ILO), which is the international body competent to adopt international standards and apply them. In the second part, we examine the phenomenon of national labour laws extraterritoriality and its manifestation in some jurisdictions. Finally, we explore the justifications put forward for the extraterritorial application of national laws, in particular when these national laws incorporate "fundamental" international labour standards.

The adoption of a new constitution, the changes in legislation, and the well-known shift in policies and State practices introduced by the Chavez administration, are some of the factors that persuaded me to examine not only the legal protection but the actual exercise of internationally recognized core labour standards in Venezuela, notably freedom of association and the right to collective bargaining, the elimination of forced labour, the abolition of child labour and the elimination of discrimination at work. / Given the structure and nature of the ILO, its mechanisms of enforcement are limited. Despite the successful ILO objective of promoting compliance with workers' rights, certain Member States like the Government of Venezuela, continue to violate labour rights. This situation requires the search for alternatives. / The idea that inspired this paper was an attempt to look for alternatives in regionalism. The hypothesis is that a sub-regional approach through the Andean Community, comprising Andean countries, offers a more effective means to protect labour rights in Venezuela than an international approach through the ILO. However, the solution points more to a joint international-regional approach to better ensure workers' rights in Venezuela and the Andean region.

This thesis analyses the Mexican legal framework and the public policies implemented by the Mexican government regarding female labour from an international perspective. The position to be argued throughout the thesis is that the Mexican government has not fulfilled its international obligations derived from the treaties and international conventions that directly or indirectly provide for women's labour rights. The thesis proposes a number of legal reforms and public policies that once properly enforced and implemented by the Mexican government would provide for gender equality in the Mexican labour market.

Thesis (M.P.A.)--University of Hong Kong, 1991. / Also available in print.

Thesis (tesis de grado)--Pontificia Universidad Javeriana, 1982. / At head of title: República de Colombia, Pontificia Universidad Javeriana, Facultad de Ciencias Jurídicas y Socioeconómicas. Includes bibliographical references (p. 147-148).

Thesis (M.Soc.Sc.)--University of Hong Kong, 1988. / Also available in print.