Mauro Pucheta | University of Kent (original) (raw)
Papers by Mauro Pucheta
UNRISD, 2023
A transition to a more equitable and sustainable economy must address the needs and concerns of i... more A transition to a more equitable and sustainable economy must address the needs and concerns of informal workers, especially women, minorities and migrants who have been historically marginalized and excluded from previous social contracts. This issue brief looks at how the universality and indivisibility of human rights can provide a framework for including all workers equitably in a new eco-social contract for a more just and sustainable post-Covid-19 world.
International Journal of Comparative Labour Law and Industrial Relations, Mar 1, 2023
International Journal of Comparative Labour Law and Industrial Relations
The Socio-Labour Declaration is the legal instrument that protects fundamental labour rights with... more The Socio-Labour Declaration is the legal instrument that protects fundamental labour rights within Mercosur and its Member States legal orders. Its 2015 revision enhanced quantitively and qualitatively the rights enshrined therein. Relying upon recent literature on Latin American regional integration, this article considers the complex institutional and legal framework in which the Declaration has been adopted and implemented. It examines how the intergovernmental character of Mercosur has shaped the legal content of the Socio-Labour Declaration. The institutional context of the Declaration requires the active cooperation and intervention of both regional and national actors. This article explores how Mercosur bodies have taken advantage of the flexible institutional framework to implement the Declaration through regional plans and policies. It also analyses the contrasting enforcement roles of the national executive and legislative powers, characterized by their timidity, and the ...
Oxford University Press eBooks, Jun 1, 2019
The Common Market of the South (MERCOSUR in Spanish) is one of the most important trade blocs aro... more The Common Market of the South (MERCOSUR in Spanish) is one of the most important trade blocs around the world –it is the third largest integrated market after the EU and NAFTA, which is made up of Argentina, Brazil, Paraguay, Uruguay, and Venezuela. It was set up in 1991 with the principal aim to establish free movement of goods, capital, services and people among its Member States. Its ultimate purpose has been and still is to create a Common Market. It should be pointed out that MERCOSUR was created in a context where neo-liberalism prevailed. Therefore, its objectives and methods were pervaded with an economic rationale that shaped the way MERCOSUR has addressed the social issues. This paper argues that there were two main reasons for creating the MERCOSUR social dimension in spite of these origins: on the one hand, in spite of the minimal influence of the economic integration into the national legal orders due to its inter-governmental character, MERCOSUR Member States were awa...
Some considerations about workers' subordination in the light of recent Supreme Court case law.
Rev. secr. Trib. perm. revis., 2020
In June 2019, the European Union and Mercosur reached a political agreement in order to sign a co... more In June 2019, the European Union and Mercosur reached a political agreement in order to sign a comprehensive free trade agreement (FTA), which aims to increase interregional trade and to further develop cooperation in non-commercial areas, such as food security and labor regulations. The EU has a normative power through which it intends to export its values and standards. Upon the ratification of this agreement, MERCOSUR and its Member States will certainly need to reform their legal orders so as to align themselves with the food security international standards such as the International Union for the Protection of New Plant Varieties. It may also have an impact upon intellectual property regulations. Labor standards constitute another key aspect of the non-commercial interests of this agreement. In order to avoid social dumping, the EU may require MERCOSUR Member States to ratify ILO Conventions such as the 87 – which has not been ratified by Brazil yet – in order to guarantee a le...
Rev. secr. Trib. perm. revis., 2015
Latin American Geopolitics
Whilst walls have been erected in other regions, the construction of bridges seems to be the path... more Whilst walls have been erected in other regions, the construction of bridges seems to be the path explored by Latin America. Despite the rivalries created by the fast development of trade organizations, economic growth and profits between Mercosur and the pacific alliance in the region-countries through their foreign policies find a way to work out their divergences. They create convergence and cooperation on key issues on transnational migration, migrant workers' rights, people free movements, education training – and more importantly filling the gap between the two organizations through a full regional economic integrative process.
Sustainability, 2021
Just transition tackles the consequences of a transition to a zero-carbon economy while addressin... more Just transition tackles the consequences of a transition to a zero-carbon economy while addressing the issues of equity and justice so that nobody is left behind. It is a roadmap that informs the action of states towards sustainable development. The paper focuses on how Argentina and Chile, with a high percentage of informality in their economies and their labour markets, have embedded just transition into their legal orders through the submission of Nationally Determined Contributions (NDCs). The analysis of both experiences to protect workers is based upon three aspects: the Global South perspective; the 2015 ILO guidelines; the historical step that Argentina and Chile have reached in the submission of their second NDCs since these are the first Latin American countries to have expressly included just transition and work in their NDCs. After a thorough analysis, the paper concludes that this seems to be a promising first step that requires, nonetheless, a global approach in order ...
COMPARATIVE LABOR LAW & POLICY JOURNAL, 2021
Revista Secretaria Tribunal Permanente del Mercosur, 2020
In June 2019, the European Union and MErcosUr reached a political agreement in order to sign a co... more In June 2019, the European Union and MErcosUr reached a political agreement in order to sign a comprehensive free trade agreement (FTA), which aims to increase interregional trade and to further develop cooperation in non-commercial areas, such as food security and labor regulations. The EU has a normative power through which it intends to export its values and standards. Upon the ratification of this agreement, MERCOSUR and its Member States will certainly need to reform their legal orders so as to align themselves with the food security international standards such as the International Union for the Protection of New Plant Varieties. It may also have an impact upon intellectual property regulations. Labor standards constitute another key aspect of the non-commercial interests of this agreement. In order to avoid social dumping, the EU may require MERCOSUR Member States to ratify ILO Conventions such as the 87-which has not been ratified by Brazil yet-in order to guarantee a level playing field. Since the final text is currently being discussed, the impact of this agreement will largely depend upon the political will of both parties.
Resumen: En junio de 2019, la Unión Europea y MErcosUr acordaron firmar un acuerdo integral de libre comercio (TLC). Su objetivo es aumentar Artículo de acceso abierto. Licencia Creative Commons 4.0. 225 Food Security and Labor Regulations in the EU-MERCOSUR. Mauro Pucheta et al. el comercio interregional y desarrollar aún más la cooperación en áreas no comerciales tales como la seguridad alimentaria y la normativa laboral. La UE dispone de un poder normativo a través del cual aspira a exportar sus valores y estándares al resto del planeta. Por consiguiente, tras la ratificación de este acuerdo, MErcosUr y, por ende, sus Estados miembros se verán obligados a reformar sus ordenamientos jurídicos. La seguridad alimentaria puede llevar a los Estados miembros del MErcosUr a alinearse con la normativa internacional de la materia como aquélla relativa a la Unión Internacional para la Protección de las Obtenciones Vegetales (UPOV). Asimismo, puede tener un impacto sobre la regulación concerniente a la propiedad intelectual. La normativa laboral constituye otro aspecto clave de los intereses no comerciales de este acuerdo. Para evitar el"dumping social", la UE puede exigir a los Estados miembros del MERCOSUR que adopten determinados convenios de la OIT tales como el 87-que aún no ha sido adoptado por Brasil-para garantizar igualdad de condiciones. Dado que el texto final se encuentra actualmente sometido a negociación, el impacto de este acuerdo dependerá en gran medida de la voluntad política de las partes.
Futures of Work (Bristol University Press), 2020
South America has been harshly hit by the COVID-19 pandemic. Argentina and Brazil, the two bigges... more South America has been harshly hit by the COVID-19 pandemic. Argentina and Brazil, the two biggest economies of the subcontinent, have adopted contrasting health and labour policies. The Brazilian government has refused to adopt policies to slow its spread, such as social distancing measures. Instead, state governors and mayors imposed quarantine. As a result of this conflict, there is a lack of coordination on public policies and people are confused. By contrast, the Argentine government has adopted one of the longest and strictest lockdowns across the globe. Its public health policy can be summarised in the statement of the Argentine president who stated that “you cannot recover from death”. This diverse approach has been partially reflected in the labour legislation enacted.
Derecho del Trabajo - Rubinzal-Culzoni Online, 2020
La situación de pandemia originada por la proliferación del COVID-19, que azota a gran parte del ... more La situación de pandemia originada por la proliferación del COVID-19, que azota a gran parte del planeta y afecta de manera directa al mundo laboral, ha contribuido a una reconcientización del valor de las normas relativas a la salud y seguridad del trabajador y su carácter esencial. Dentro de este marco debe ser analizado el derecho del trabajador a rehusar la prestación de trabajo en caso de riesgo inminente.
On 14 March 2017, the Grand Chamber of the Court of Justice of the European Union (CJEU) issued t... more On 14 March 2017, the Grand Chamber of the Court of Justice of the European Union (CJEU) issued two landmark rulings on the use of headscarves in the workplace. The cases of Samira Achbita (available here) and Asma Bougnaoui (available here) were much-awaited decisions, as they were the first judgments of the CJEU regarding discrimination based on religion or belief under Directive 2000/78 (Employment Framework Directive).
UNRISD, 2023
A transition to a more equitable and sustainable economy must address the needs and concerns of i... more A transition to a more equitable and sustainable economy must address the needs and concerns of informal workers, especially women, minorities and migrants who have been historically marginalized and excluded from previous social contracts. This issue brief looks at how the universality and indivisibility of human rights can provide a framework for including all workers equitably in a new eco-social contract for a more just and sustainable post-Covid-19 world.
International Journal of Comparative Labour Law and Industrial Relations, Mar 1, 2023
International Journal of Comparative Labour Law and Industrial Relations
The Socio-Labour Declaration is the legal instrument that protects fundamental labour rights with... more The Socio-Labour Declaration is the legal instrument that protects fundamental labour rights within Mercosur and its Member States legal orders. Its 2015 revision enhanced quantitively and qualitatively the rights enshrined therein. Relying upon recent literature on Latin American regional integration, this article considers the complex institutional and legal framework in which the Declaration has been adopted and implemented. It examines how the intergovernmental character of Mercosur has shaped the legal content of the Socio-Labour Declaration. The institutional context of the Declaration requires the active cooperation and intervention of both regional and national actors. This article explores how Mercosur bodies have taken advantage of the flexible institutional framework to implement the Declaration through regional plans and policies. It also analyses the contrasting enforcement roles of the national executive and legislative powers, characterized by their timidity, and the ...
Oxford University Press eBooks, Jun 1, 2019
The Common Market of the South (MERCOSUR in Spanish) is one of the most important trade blocs aro... more The Common Market of the South (MERCOSUR in Spanish) is one of the most important trade blocs around the world –it is the third largest integrated market after the EU and NAFTA, which is made up of Argentina, Brazil, Paraguay, Uruguay, and Venezuela. It was set up in 1991 with the principal aim to establish free movement of goods, capital, services and people among its Member States. Its ultimate purpose has been and still is to create a Common Market. It should be pointed out that MERCOSUR was created in a context where neo-liberalism prevailed. Therefore, its objectives and methods were pervaded with an economic rationale that shaped the way MERCOSUR has addressed the social issues. This paper argues that there were two main reasons for creating the MERCOSUR social dimension in spite of these origins: on the one hand, in spite of the minimal influence of the economic integration into the national legal orders due to its inter-governmental character, MERCOSUR Member States were awa...
Some considerations about workers' subordination in the light of recent Supreme Court case law.
Rev. secr. Trib. perm. revis., 2020
In June 2019, the European Union and Mercosur reached a political agreement in order to sign a co... more In June 2019, the European Union and Mercosur reached a political agreement in order to sign a comprehensive free trade agreement (FTA), which aims to increase interregional trade and to further develop cooperation in non-commercial areas, such as food security and labor regulations. The EU has a normative power through which it intends to export its values and standards. Upon the ratification of this agreement, MERCOSUR and its Member States will certainly need to reform their legal orders so as to align themselves with the food security international standards such as the International Union for the Protection of New Plant Varieties. It may also have an impact upon intellectual property regulations. Labor standards constitute another key aspect of the non-commercial interests of this agreement. In order to avoid social dumping, the EU may require MERCOSUR Member States to ratify ILO Conventions such as the 87 – which has not been ratified by Brazil yet – in order to guarantee a le...
Rev. secr. Trib. perm. revis., 2015
Latin American Geopolitics
Whilst walls have been erected in other regions, the construction of bridges seems to be the path... more Whilst walls have been erected in other regions, the construction of bridges seems to be the path explored by Latin America. Despite the rivalries created by the fast development of trade organizations, economic growth and profits between Mercosur and the pacific alliance in the region-countries through their foreign policies find a way to work out their divergences. They create convergence and cooperation on key issues on transnational migration, migrant workers' rights, people free movements, education training – and more importantly filling the gap between the two organizations through a full regional economic integrative process.
Sustainability, 2021
Just transition tackles the consequences of a transition to a zero-carbon economy while addressin... more Just transition tackles the consequences of a transition to a zero-carbon economy while addressing the issues of equity and justice so that nobody is left behind. It is a roadmap that informs the action of states towards sustainable development. The paper focuses on how Argentina and Chile, with a high percentage of informality in their economies and their labour markets, have embedded just transition into their legal orders through the submission of Nationally Determined Contributions (NDCs). The analysis of both experiences to protect workers is based upon three aspects: the Global South perspective; the 2015 ILO guidelines; the historical step that Argentina and Chile have reached in the submission of their second NDCs since these are the first Latin American countries to have expressly included just transition and work in their NDCs. After a thorough analysis, the paper concludes that this seems to be a promising first step that requires, nonetheless, a global approach in order ...
COMPARATIVE LABOR LAW & POLICY JOURNAL, 2021
Revista Secretaria Tribunal Permanente del Mercosur, 2020
In June 2019, the European Union and MErcosUr reached a political agreement in order to sign a co... more In June 2019, the European Union and MErcosUr reached a political agreement in order to sign a comprehensive free trade agreement (FTA), which aims to increase interregional trade and to further develop cooperation in non-commercial areas, such as food security and labor regulations. The EU has a normative power through which it intends to export its values and standards. Upon the ratification of this agreement, MERCOSUR and its Member States will certainly need to reform their legal orders so as to align themselves with the food security international standards such as the International Union for the Protection of New Plant Varieties. It may also have an impact upon intellectual property regulations. Labor standards constitute another key aspect of the non-commercial interests of this agreement. In order to avoid social dumping, the EU may require MERCOSUR Member States to ratify ILO Conventions such as the 87-which has not been ratified by Brazil yet-in order to guarantee a level playing field. Since the final text is currently being discussed, the impact of this agreement will largely depend upon the political will of both parties.
Resumen: En junio de 2019, la Unión Europea y MErcosUr acordaron firmar un acuerdo integral de libre comercio (TLC). Su objetivo es aumentar Artículo de acceso abierto. Licencia Creative Commons 4.0. 225 Food Security and Labor Regulations in the EU-MERCOSUR. Mauro Pucheta et al. el comercio interregional y desarrollar aún más la cooperación en áreas no comerciales tales como la seguridad alimentaria y la normativa laboral. La UE dispone de un poder normativo a través del cual aspira a exportar sus valores y estándares al resto del planeta. Por consiguiente, tras la ratificación de este acuerdo, MErcosUr y, por ende, sus Estados miembros se verán obligados a reformar sus ordenamientos jurídicos. La seguridad alimentaria puede llevar a los Estados miembros del MErcosUr a alinearse con la normativa internacional de la materia como aquélla relativa a la Unión Internacional para la Protección de las Obtenciones Vegetales (UPOV). Asimismo, puede tener un impacto sobre la regulación concerniente a la propiedad intelectual. La normativa laboral constituye otro aspecto clave de los intereses no comerciales de este acuerdo. Para evitar el"dumping social", la UE puede exigir a los Estados miembros del MERCOSUR que adopten determinados convenios de la OIT tales como el 87-que aún no ha sido adoptado por Brasil-para garantizar igualdad de condiciones. Dado que el texto final se encuentra actualmente sometido a negociación, el impacto de este acuerdo dependerá en gran medida de la voluntad política de las partes.
Futures of Work (Bristol University Press), 2020
South America has been harshly hit by the COVID-19 pandemic. Argentina and Brazil, the two bigges... more South America has been harshly hit by the COVID-19 pandemic. Argentina and Brazil, the two biggest economies of the subcontinent, have adopted contrasting health and labour policies. The Brazilian government has refused to adopt policies to slow its spread, such as social distancing measures. Instead, state governors and mayors imposed quarantine. As a result of this conflict, there is a lack of coordination on public policies and people are confused. By contrast, the Argentine government has adopted one of the longest and strictest lockdowns across the globe. Its public health policy can be summarised in the statement of the Argentine president who stated that “you cannot recover from death”. This diverse approach has been partially reflected in the labour legislation enacted.
Derecho del Trabajo - Rubinzal-Culzoni Online, 2020
La situación de pandemia originada por la proliferación del COVID-19, que azota a gran parte del ... more La situación de pandemia originada por la proliferación del COVID-19, que azota a gran parte del planeta y afecta de manera directa al mundo laboral, ha contribuido a una reconcientización del valor de las normas relativas a la salud y seguridad del trabajador y su carácter esencial. Dentro de este marco debe ser analizado el derecho del trabajador a rehusar la prestación de trabajo en caso de riesgo inminente.
On 14 March 2017, the Grand Chamber of the Court of Justice of the European Union (CJEU) issued t... more On 14 March 2017, the Grand Chamber of the Court of Justice of the European Union (CJEU) issued two landmark rulings on the use of headscarves in the workplace. The cases of Samira Achbita (available here) and Asma Bougnaoui (available here) were much-awaited decisions, as they were the first judgments of the CJEU regarding discrimination based on religion or belief under Directive 2000/78 (Employment Framework Directive).
LATIN AMERICAN GEOPOLITICS MIGRATION, CITIES AND GLOBALIZATION, 2019
Whilst walls have been erected in other regions, the construction of bridges seems to be the path... more Whilst walls have been erected in other regions, the construction
of bridges seems to be the path explored by Latin America. Despite
the rivalries created by the fast development of trade organizations, economic
growth, and profits between Mercosur and the Pacific Alliance in
the region, Latin American countries, through their foreign policies, have
found a way to work out their divergences. They have created convergence
and cooperation on key issues such as transnational migration, migrant
workers’ rights, free movement of people, and educational training—and
more importantly fill the gap between the two organizations by a full
regional economic integrative process.