Enforcing European Corporate Commitments to Freedom of Association by Legal and Industrial Action in the United States: Enforcement by Industrial Action
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[Excerpt] We believe it is important to discuss industrial action as one way to enforce commitments to abide by international labor standards in part because of the challenges of "hard" law enforcement, not only in an international context but also in the enforcement of domestic labor policies. Because of the challenges presented by "hard" enforcement of labor policy in both the domestic and international context, it is important to examine the dynamics that initially motivate the adoption of IFAs and other commitments to abide by international labor standards as an important aspect of their enforcement. What unions and other advocates do to encourage enterprises to enter into these agreements in the first place should likewise be an important means of motivating them to carry through with the enforcement of such agreements. Agreements to abide by international codes of conduct and to enter into framework agreements arise at least in part out of an understanding that it is a proper and necessary way to do business. The challenge is to carry forward this understanding into effective enforcement of the agreements. Industrial action plays a part in the adoption of such codes and agreements, and in this Article we examine the movement from adoption to enforcement.