LABOUR STANDARDS IN INTERNATIONAL LAW: ALL STATES SHOULD HAVE AN OBLIGATION TO PUNISH MISCONDUCTS OF MULTINATIONAL ENTERPRISES UNDER INTERNATIONAL CUSTOMARY LAW

Andrea Scozzaro*

Click here for a recommended citation and to download a paginated PDF version of this article.

Introduction

This article addresses the issues of unethical employment practices and lack of fair labor standards in developing countries. The discussion on such problems, although ongoing since the 1970s, is still of primary importance both within the scholarly community and the wider public. The fact that big, multinational enterprises of developed countries still engage in violations of workers’ rights is certainly stunning, yet not so surprising given the connections between such violations and the current structure of the global economy. In the wake of a nearly fifty-years-old process of globalization, the worldwide implementation of competition rules in the labor market stimulates “race to the bottom” outcomes, with millions of workers in developing countries suffering from slavery-like working conditions, wages below subsistence level, and inhumane treatments.

Despite the progress made in the field of labor protection thanks to private and governmental initiatives in the last several decades, the current legal tools used to avoid massive workers’ rights violations have been proven ineffective. This is due to the apparently unsolvable friction that exists between the huge economic power of enterprises and the desperate need for economic support of developing countries.

 

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A FIGHT FOR THE RIGHT TO CARRY LUGGAGE: SOUTH KOREA’S RISE IN GLOBAL PROMINENCE AND ITS ENSUING EFFORT TO DETER DISABILITY DISCRIMINATION

Lindsay Lee Cowen*

Click here for a recommended citation and to download a paginated PDF version of this article.

Introduction

These days, the world knows South Korea (“Korea”) as the land of Samsung,[1] kimchi,[2] and k-pop,[3] for which its upsurge in popularity owes “Gangnam Style” much thanks.[4] Below the surface of this most recent hallyu, or “Korean wave”[5] of popular culture ascendency across the globe, lies the darker side of Korea. Numerous articles have scrutinized its colossal plastic surgery industry, questioning the motives behind such procedures and crowning Seoul the new plastic surgery capital of the world.[6] A generation of transnational adoptees has renewed attention in what, during the 1988 Summer Olympics,[7] was labeled the country’s greatest shame: mass exportation of unwanted babies.[8] Media outlets have exposed a “remote island where the enslavement of disabled salt farm workers is an open secret.”[9]

Nonetheless, the hallyu surges forward. Tourism rates in 2015 nearly tripled those from only a decade prior.[10] College student study of foreign languages has declined nearly 7% since 2009, yet enrollment in Korean-language classes increased 45% from 2009 to 2013.[11] In 2014, The Huffington Post launched “Huffpost Korea” and published an article proclaiming what the country can teach “the rest of the world about living well,”[12] while ignoring its low happiness index and high suicide rate.[13]

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2016 Symposium

save-the-date 2Register here.

New Board Members Announced

Congratulations to the 2016 – 2017
CUNY Law Review Board!

CUNY Law Review Board 2016-2017

Not pictured: Sahiba Nanda

Kitty Austin
Navid Khazanei
Executive Articles Editors

Rosemary Almonte
Nora Hirozawa
Public Interest Practitioner Section (PIPS) Editors

Dorien Ediger-Seto
Marie Hahn
Notes & Comments Editors

Nick Bourland
Sahiba Nanda
Footnote Forum Editors

Katy Joseph
Symposium Editor

Corinthia Carter
Special Events Editor

Katherine Groot
Community Engagement Editor

Annemarie Caruso
Katy Naples-Mitchell
Managing Articles Editors

Greg Tolbert
Managing Editor

Jorge Gomez
Editor-in-Chief

Vol. 19.1

Explore the complete digital version of Volume 19.1.

Public Interest Practitioners Section (PIPS)

A Sufficieny-of-the-Evidence Exception to the New York Appellate Preservation Rule by Matthew Bova, Staff Attorney at the Center for Appellate Litigation

How Women’s Organizations are Changing the Legal Landscape of Reproductive Rights in Latin America by Fabiola Carrión, Advocacy Program Officer at Planned Parenthood Global

Articles

When Judges Don’t Follow the Law: Research and Recommendations by Michelle Cotton, Assistant Professor in the Division of Legal, Ethical and Historical Studies, University of Baltimore Yale Gordon College of Arts and Sciences

Remarks

RadTalks: What Could Be Possible if the Law Really Stood for Black Lives? a series of talks delivered at the Law for Black Lives Convening, organized by the Bertha Justice Institute at the Center for Constitutional Rights

Notes

Expectations of the Exemplar: An Exploration of the Burdens on Public School Teachers in the Absence of Tenure by Jacqueline A. Meese, J.D. Candidate ’16, City University of New York (CUNY) School of Law

Is it Worthless to be “Worth Less”? Ending the Exemption of People with a Disability from the Federal Minimum Wage Under the Fair Labor Standards Act by Alanna Sakovits, J.D. Candidate ’16, City University of New York (CUNY) School of Law

CUNY Law Review’s Spring Symposium: Reimagining Family Defense

CUNY Law Review’s Spring Symposium: Reimagining Family Defense

FRI, APR 8 AT 12:30 PM

Please join us at our exciting upcoming spring Symposium, Reimagining Family Defense, which will discuss multidisciplinary family defense models and strategies to support families involved in the child welfare system in an effort to gather support for innovative structural and policy changes to child welfare.

The symposium is not limited to the legal community in New York City, for it aims to engage all who are invested in this issue. We strongly welcome the participation of directly-affected community members and practitioners across interrelated disciplines, such as social workers, parent advocates, community organizers, and educators. Additionally, we welcome practitioners working on this issue outside of New York City.

Further details to come!

CUNITY Conversation: A Veil of Anonymity: Preserving Anonymous Sperm Donation While Affording Children Access to Donor-Identifying Information

CUNITY Conversation: A Veil of Anonymity: Preserving Anonymous Sperm Donation While Affording Children Access to Donor-Identifying Information

Please join us for our second CUNITY Conversation of the year, with author Aliya Shain and Professor Ruthann Robson on Wednesday, March 30th at 6:30pm in the Community Room!

The CUNITY Conversation Series features our student
authors, who will have their scholarly articles published
in an upcoming edition of the CUNY Law Review. This event
gives the student body an opportunity to engage with the
student author’s ideas and creates a conversation around
interesting issues in public interest lawyering.

This session will focus on 3L Aliya Shain and her article entitled: A Veil of Anonymity: Preserving Anonymous Sperm Donation While Affording Children Access to Donor-Identifying Information.

Further details to follow!

CUNITY Conversation: Fast Food Sweatshops: Franchisors as Employers Under the FLSA

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The CUNY Law Review invites the CUNY Law Community to join us at this year’s
first CUNITY Conversation on THURSDAY, FEBRUARY 25th at
7:00pm in Room 1-205!

The CUNITY Conversation Series features our student
authors, who will have their scholarly articles published
in an upcoming edition of the CUNY Law Review. This event
gives the student body an opportunity to engage with the
student author’s ideas and creates a conversation around
interesting issues in public interest lawyering.

This CUNITY Conversation will feature our own
Managing Editor, Tom Power, whose article, Fast Food
Sweatshops: Franchisors as Employers Under the FLSA,
will be published in the CUNY Law Review this summer. He
will be joined by Professor Shirley Lung, and they will
facilitate a conversation on the legal issues discussed in
the Note, specifically the challenges that low-wage
workers face when they try to bring lawsuits against their
corporate franchisor employers.

Wine and food will be served!

We look forward to seeing you all there!

Vol. 18.2

Explore the complete digital version of Volume 18.2.

Public Interest Practitioners Section (PIPS)

When the Invisible Hand Wields a Scalpel: Maternity Care in the Market Economy, by Farah Diaz-Tello, Senior Staff Attorney at National Advocates for Pregnant Women

Working on the Outskirts of Hope: One Independent Legal Services Organization’s Struggle to Survive and Serve Rhode Island’s Low Income Communities, by Geoffrey Schoos, Founder and President of the Rhode Island Center for Law and Public Policy

Articles

Toxic Sweatshops: Regulating the Import of Hazardous Electronics, by Allie Robbins, Assistant Dean for Academic Affairs, City University of New York School of Law

Report

Revisiting S.C.P.A. 17-A: Guardianship for People with Intellectual and Developmental Disabilities, A Report of the Mental Health Law Committee and the Disability Law Committee of the New York City Bar Association

Notes

 “I Don’t Really Sleep”: Street-Based Sex Work, Public Housing Rights, and Harm Reduction, by Chelsea Breakstone, City University of New York School of Law, J.D. Class of 2015

Toward a Synthesis: Law as Organizing, by Aaron Samsel,  City University of New York School of Law, J.D. Class of 2015

JUSTICE IN AMERICA: DIVERTING THE MENTALLY ILL

Matthew J. D’Emic[1]

Click here for a recommended citation and to download a paginated PDF version of this article.

Introduction

It has been a rough year for the criminal justice system in America. Racially charged confrontations in various jurisdictions have caused citizens to question both the substantive and procedural fairness of our justice system. Calls for reform of the grand jury process, court transparency, and other facets of the criminal justice system sound far and wide. Protestations of “no justice, no peace”—an accusation of systemic injustice—echo across the country.[2]

Legal scholars decry the shortcomings of judges and judging. One claims “misjudging is more common, more systematic, and more harmful than the legal system has fully realized.”[3] Yet another presumes “judges generally are prone to error because of . . . informational, cognitive, and attitudinal blinders,” concluding, “I do not think that the vast majority of trial judges are good . . . .”[4]

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