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Susan L. Kang - Human Rights and Labor Solidarity: Trade Unions in the Global Economy

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Susan L. Kang Human Rights and Labor Solidarity: Trade Unions in the Global Economy
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Faced with the economic pressures of globalization, many countries have sought to curb the fundamental right of workers to join trade unions and engage in collective action. In response, trade unions in developed countries have strategically used their own governments commitments to human rights as a basis for resistance. Since the protection of human rights remains an important normative principle in global affairs, democratic countries cannot merely ignore their human rights obligations and must balance their international commitments with their desire to remain economically competitive and attractive to investors.

Human Rights and Labor Solidarity analyzes trade unions campaigns to link local labor rights disputes to international human rights frameworks, thereby creating external scrutiny of governments. As a result of these campaigns, states engage in what political scientist Susan L. Kang terms a normative negotiation process, in which governments, trade unions, and international organizations construct and challenge a broader understanding of international labor rights norms to determine whether the conditions underlying these disputes constitute human rights violations. In three empirically rich case studies covering South Korea, the United Kingdom, and Canada, Kang demonstrates that this normative negotiation process was more successful in creating stronger protections for trade unions rights when such changes complemented a governments other political interests. She finds that states tend not to respect stronger economically oriented human rights obligations due to the normative power of such rights alone. Instead, trade union transnational activism, coupled with sufficient political motivations, such as direct economic costs or strong rule of law obligations, contributed to changes in favor of workers rights.

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ABBREVIATIONS
AFL-CIOAmerican Federation of Labor-Congress of Industrial Organizations
BIACBusiness and Industry Advisory Council/Committee (associated with the OECD)
BCGEUBritish Columbia Government and Service Employees' Union
BCTFBritish Columbia Teachers' Federation
CESCRCommittee on Economic, Social and Cultural Rights (United Nations)
COIECommittee of Independent Experts (Council of Europe)
CUPE-BCCanadian Union of Public Employees-British Columbia
ECHREuropean Court of Human Rights
ELSAEmployment, Labour and Social Affairs Committee (OECD)
FKTUFederation of Korean Trade Unions
GCHQGovernment Communication Headquarters (U.K.)
HEUHospital Employments Union (British Columbia)
HSAHealth Science Association (British Columbia)
ICCPRInternational Covenant on Civil and Political Rights
ICESCRInternational Covenant on Economic, Social and Cultural Rights
ICFTUInternational Confederation of Free Trade Unions
ILOInternational Labour Organization
ILO CommitteeInternational Labour Organization Committee on Freedom of Association
ILOCommittee of Experts on the Application of Conventions and Recommendations (CEACR)
ITUCInternational Trade Union Confederation
KCTUKorean Confederation of Trade Unions
KGEUKorean Government Employees' Union
NLRB/NLRANational Labor Relations Board/Act (United States)
NUPGENational Union of Public and General Employees (Canada)
NUJNational Union of Journalists (U.K.)
OECDOrganization for Economic Cooperation and Development
TULRRATrade Union and Labour Relations Adjustment Act (Korea 19961997 law)
TUACTrade Union Advisory Council/Committee (OECD)
TUCTrades Union Congress (U.K.)
ACKNOWLEDGMENTS

This book's examination of the role of human rights laws and frameworks was the result of much discussion, active collaboration, and collective learning. I owe much of my scholarly development and focus to the efforts of my dedicated advisor, Kathryn Sikkink, who presented a wonderful model of scholar/activist through her excellent work and mentorship during my time at the University of Minnesota. Professor Sikkink remains an amazing exemplar not only for her scholarly contributions, but also because of her continued engagement with political questions. Her critical support, advice, and encouragement have been indispensible to me as I have continued my scholarly career. In addition, Teri Caraway has also served above and beyond as a mentor, a reader, and a friend, and I remain grateful for her generosity and involvement in this project. The University of Minnesota was a wonderful place where young scholars of political science could remain actively engaged in political questions, despite the apolitical dominant stance of the discipline. Peter Agree at the University of Pennsylvania Press has been a patient, helpful, and generous editor, and I remain indebted for his willingness to work with such a green first-time author. Sandy Thatcher was also encouraging and instrumental in helping this book project come to fruition. I also would like to thank the two anonymous editors, whose useful comments and careful reading were instrumental in helping to transform the manuscript into a book.

As solidarity plays an important part in trade union struggles, it was through the solidarity of Minnesota colleagues that I have been able to grow as a scholar and a teacher. The contributions of Jonathan Havercroft, Isaac Kamola, Jonneke Koomen, Meghana Nayak, Jennifer Rutledge, Carrie Booth Walling, and the rest of the Minnesota Expat Writing Collective included comments on early drafts, assistance in developing ideas, general encouragement, and scholarly solidarity. Perhaps the cooperative spirit of the Upper Midwest taught us early on that scholarly pursuits are best done collectively, and I remain awed and humbled by our friendships and collaborations. I would also like to thank Kate Harshman for her advice on understanding the legal framework of U.S. labor rights.

I had the fortune of joining a community of supportive and encouraging colleagues at the John Jay College of Criminal Justice, City University of New York. Through the leadership of Harold Sullivan, I have been mentored and supported through my early years. A special thanks to Desmond Arias and Peter Romaniuk for encouragement and help in demystifying the publishing process. I would also like to thank my many bright and enthusiastic students, particularly in my research seminars, in helping me think about how one should present their research questions and findings. My dedicated research assistant and student Rizwan Ali Raja has also been helpful with the final manuscript preparation.

I would also like to thank the following funding sources that made field research and the revision process possible. The Association for Canadian Studies in the United States and the Canadian Studies Association's Graduate Student Fellowship, the Graduate School at the University of Minnesota, and the department of Political Science for financially supporting my field research. I owe many thanks to the cooperation of many busy leaders and activists of trade unions studied in this book. The Korean Confederation of Trade Unions, the British Trades Union Congress, and various trade unions in British Columbia were wonderful in their willingness to be interviewed and to share information. John Hendy QC was very helpful in generously providing comments on the United Kingdom chapter. And many thanks to my own union, the Professional Staff Congress at CUNY, for supporting the revision process.

A final thanks goes to my family. Steven Koskela is my partner and my greatest intellectual and emotional supporter; this book would not be possible without him. I dedicate this book to my parents, Keesun and Young Chan Kang, first-generation immigrants from South Korea who fostered intellectual curiosity, a commitment to social justice, and political interest in East Asia.

APPENDIX I
Kucera's Measure of Freedom of
Association and Collective Bargaining

Civil liberties

Murder or disappearance of union members or organizers

Other violence against union members or organizers

Arrest, detention, imprisonment, or forced exile for union members or activities

Interference with union rights of assembly, demonstration, free opinion, free expression

Seizure or destruction of union premises or property

Right to establish and join union and workers' organizations

General prohibitions

General absence resulting from socioeconomic breakdown

Previous authorization requirements

Employment conditions on nonmembers in union

Dismissal or suspension for union membership or activities

Interference of employers (attempt to dominate unions)

Dissolution or suspension of union by administrative authority

Only workers' committees and labour councils permitted

Only state-sponsored or other single union permitted

Exclusion of tradeable industrial sectors from union membership

Exclusion of other sectors or workers from union membership

Other specific de facto problems or acts of prohibition

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