notes3_Notes - What problems might arise now or in the...

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What problems might arise now or in the foreseeable future [for GPC] in light of developments in international labor law? What can GPC do to deal with these problems if it gets the contract? Problems Directly Affecting GPC Forced Labor Claims: Devinco’s army will (have not yet) force peasants to work on the GPC project and shoot them if they refuse o If GPC is “aiding and abetting” forced labor for the direct benefit of GPC, then it can be held liable under the Alien Tort Claims Act Discovery must prove “knowing practical assistance” with “substantial effect” mens rea o The FTA will bring the labor situation in Devinco to light and might expose any unsavory practices associated with GPC’s construction of the power plant. OTHER CLAIMS It is likely that if GPC gets the contract it will have to deal with subcontractors or native supervisors that will carry out some of the same employment practices to the detriment of the workers’ internationally recognized rights. Problems Affecting GPC’s Customers/ Economic Fallout Is the proposed power plant dependent on the ability of Devinco to get a FTA with the US? If so, then if it does not get the FTA then will the contract still be there? If they do get the contract, and then is found in violation of standards to: 1. “Strive to ensure” national labor laws protect ILO Declaration core principles & IRWR 2. “Not fail to effectively enforce” national labor law per IRWR will they still have the contract if economic agreement is terminated? Issues for Devinco and the factories: Freedom of Association/Collective Bargaining Claims: Government controlled labor unions Police arrest and jail workers who try to form independent unions Employing children in factories undermines union organizing
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Response: Workers freely align with the government in order to cooperate and increase the country’s competitiveness. No culture of adversarial employment relations o
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