WEBVTT 1 00:00:00.800 --> 00:00:03.720 By coughing seven trillion dollars in the ego of calling once there is the risk 2 00:00:03.759 --> 00:00:09.800 of ninety- hundred hundred SMEs that generate eighty percent. Give me twenty minutes 3 00:00:09.839 --> 00:00:13.080 of your time and I, in return, give you information on the most 4 00:00:13.119 --> 00:00:18.559 relevant issues in foreign trade, tax and customs with a human touch and let 5 00:00:18.800 --> 00:00:26.160 ' s make a truek a podcast of Magic TVs and Mexica hello very good 6 00:00:26.160 --> 00:00:30.879 afternoon be all welcome, welcome. Let' s barter an exclusive telese magas 7 00:00:30.920 --> 00:00:34.920 event in Mexico. I am very grateful for the presence of our panelists. 8 00:00:35.000 --> 00:00:39.439 It is a pleasure to see you welcome, also welcome to those who join 9 00:00:39.479 --> 00:00:43.560 through social networks and those who always connect with us. Monday and Wednesday. 10 00:00:44.240 --> 00:00:47.920 It' s a pleasure to be here with you. I am pleased today 11 00:00:47.960 --> 00:00:53.560 to be able to accompany you and present our presenter of the day, Dr 12 00:00:53.960 --> 00:00:59.719 José Manuel Vargas Menchaca, who is very happy to see you, to greet 13 00:00:59.759 --> 00:01:03.159 you being here for that, to listen, to your talk today and then 14 00:01:03.159 --> 00:01:07.200 to tell us about the labor mechanisms of rapid response in the welcome fear, 15 00:01:07.680 --> 00:01:15.719 Dr José Manuel. Thank you very much. Thank you very much also for 16 00:01:15.760 --> 00:01:19.000 the opportunity to be here. Thank you to teacher Daniela Martínez, to your 17 00:01:19.079 --> 00:01:25.280 teacher of the via cogen and to graduate Magdalena Jiménez. Likewise, I am 18 00:01:25.359 --> 00:01:30.120 pleased to be here with my friends, my dear friends, Dr Maximo Carvajal 19 00:01:30.120 --> 00:01:34.480 Contreras and the Donal Gabriel Béjar view, which I also value and importantly Thank 20 00:01:34.560 --> 00:01:38.319 you very much for the opportunity, because we are pleased to have you here. 21 00:01:38.400 --> 00:01:41.799 It will be a pleasure to hear it and, if I may, 22 00:01:42.200 --> 00:01:45.640 Doctor, I will give readings or countenance so that everyone who is here can 23 00:01:45.719 --> 00:01:51.359 know a little more about you. Dr José Manuel Vargas in Menchaca is a 24 00:01:51.480 --> 00:01:57.239 master and doctor of law and a specialist in public finance at UNAM. He 25 00:01:57.239 --> 00:02:02.319 was a panelist of the nineteenth chapter of the Telecano, now chapter ten of 26 00:02:02.319 --> 00:02:06.719 the arbiter themedium of the International Court of London. He served in Mexican ports. 27 00:02:07.799 --> 00:02:10.479 Deconcentrated body of the Ministry of Communications and Transport and the International Business Practices 28 00:02:10.560 --> 00:02:17.039 Unit of the Ministry of Economy. Currently consultant on foreign trade, thesis advisor 29 00:02:17.039 --> 00:02:21.599 and Professor at the Law Faculty of UNAM, Anahua University, Monterrey Institute of 30 00:02:22.080 --> 00:02:28.439 Technology, University of the Americas, Graduate Institute, GV Institute Center of Web 31 00:02:28.479 --> 00:02:39.280 Legal Studies and Specialized Institute for Executives. Member of the Mexican Bar Association of 32 00:02:39.319 --> 00:02:46.719 Foreign Trade Professors at UNAM del Ilustre and National Bar Association of Mexico. Chairman 33 00:02:46.759 --> 00:02:53.159 of the International Trade Commission of the Mexican Institute of Public Accountants, Vice- 34 00:02:53.280 --> 00:02:58.479 Chairman of the Concamin Law Commission and Vice- Chairman of the Foreign Trade Compliance 35 00:02:58.479 --> 00:02:59.960 Commission. Customs S S. S. S. S. S. It 36 00:03:00.319 --> 00:03:04.599 ' s a preamble. I give you the word Doctor José Manuel knows and 37 00:03:04.639 --> 00:03:07.520 to the dynamic we are very happy to receive it again and because you already 38 00:03:07.520 --> 00:03:12.280 have the controls in case you want to project. And so in the end 39 00:03:12.360 --> 00:03:15.039 we give a few minutes for the panelists' questions. Or, if you 40 00:03:15.120 --> 00:03:20.800 want to read some during the development of the talk ahead. The microphones are 41 00:03:20.840 --> 00:03:24.439 yours. That' s right, I' d rather exhaust the whole exposure. 42 00:03:24.599 --> 00:03:29.759 I would ask, please, those attending to take notes of your questions. 43 00:03:30.439 --> 00:03:34.919 I am going to try, as far as possible, to respond to 44 00:03:34.960 --> 00:03:40.080 all of them and, for the purposes of exposure, I basically set three 45 00:03:40.080 --> 00:03:46.319 objectives. As many of you know and know me, I never read what 46 00:03:46.400 --> 00:03:53.039 is in the presentations. I ask you then to listen to me and additionally 47 00:03:53.120 --> 00:04:00.039 read the images. So, to achieve these three objectives, I divided into 48 00:04:00.080 --> 00:04:11.560 five sections about fifteen images of content. My purpose is to highlight some important 49 00:04:11.639 --> 00:04:18.519 things about the labor mechanism and, obviously, to enter the main course that 50 00:04:18.600 --> 00:04:23.480 would be to understand why the mechanism exists and then what it holds for us. 51 00:04:24.439 --> 00:04:30.959 The first request for a panel related to Mina San Martín, belonging to 52 00:04:31.079 --> 00:04:38.000 the Mexican Group, which in the last month has given the note to inform 53 00:04:38.000 --> 00:04:45.279 them. Then I start with exposure. On the one hand, to understand 54 00:04:45.319 --> 00:04:53.759 that for the United States there is a major concern that countries that manufacture goods 55 00:04:53.800 --> 00:05:00.120 that are exported to the United States forgive, white doctor in forgiveness. I 56 00:05:00.199 --> 00:05:03.000 don' t know if it' ll help me do it in full screen. 57 00:05:03.079 --> 00:05:11.879 Nothing more. Thank you. Yeah, yeah, yeah. They tell 58 00:05:11.920 --> 00:05:14.959 me again please, this way and it started to rain and it seems to 59 00:05:15.040 --> 00:05:18.399 me that I am also getting noise ahead. You don' t see Ahorita 60 00:05:18.480 --> 00:05:24.079 in full screen, you see the slides, the thumbnails on one side is 61 00:05:24.120 --> 00:05:29.519 not yet in full screen. Ah agree and you don' t get to 62 00:05:29.519 --> 00:05:36.759 read because you put them in a sufficiently broad letter. Yeah, they' 63 00:05:36.879 --> 00:05:41.480 re pretty big on this monitor in case you want to keep them. So, 64 00:05:41.519 --> 00:05:45.160 yes, they get to read. Ok exact, exact they are in 65 00:05:45.240 --> 00:05:48.639 size twenty- two, which is a sufficiently large letter and with the idea 66 00:05:48.680 --> 00:05:54.120 of being able to see you and my po vegas here too without invading the 67 00:05:54.120 --> 00:06:01.800 whole gang, then I said it was a concern of the Americans that you 68 00:06:01.800 --> 00:06:03.959 pay them to share forgiveness. He' s not sharing right now. You 69 00:06:04.000 --> 00:06:11.879 ' ve stopped sharing, doctor, I was going to comment on something, 70 00:06:12.519 --> 00:06:15.279 so you' ve stopped sharing. We don' t see your presentation anymore. 71 00:06:18.079 --> 00:06:20.399 Yeah, yeah, it looks good, it doesn' t really look 72 00:06:20.399 --> 00:06:26.920 like, it' s projecting right now. Okay. Here we warn you 73 00:06:26.959 --> 00:06:31.480 when we can already visualize it forward. So we have it perfect. Thanks 74 00:06:31.560 --> 00:06:38.560 well, then I told them these countries export you goods from the United States, 75 00:06:38.959 --> 00:06:44.759 sometimes they do not meet a number of minimum labor requirements. Someone might 76 00:06:44.879 --> 00:06:49.879 think of the countries of the Asian bloc, but also in the Latin American 77 00:06:50.000 --> 00:06:55.920 countries, the effectiveness of the enforcement of labor laws, at least in the 78 00:06:55.959 --> 00:06:58.720 vision of the United States, is not that of Juan. And so, 79 00:06:59.000 --> 00:07:02.639 from about the year of one thousand nine hundred and ninety- two that the 80 00:07:02.839 --> 00:07:13.399 Telecano subscription was proposed, the Americans promoted an agreement that frightened states, Canada 81 00:07:13.759 --> 00:07:19.120 and Mexico, which was called a clan. It was identified as a parallel 82 00:07:19.319 --> 00:07:28.040 agreement that you observe there several of the purposes for those effects. Among them, 83 00:07:28.360 --> 00:07:31.399 one thing that has occurred in recent months is that forced labour does not 84 00:07:31.560 --> 00:07:40.680 exist and that there are appropriate conditions in the event of child labour. Also, 85 00:07:41.759 --> 00:07:46.040 what is known in collective labour law, such as the right of association 86 00:07:46.120 --> 00:07:56.399 and the opportunity to negotiate collective contracts and, where appropriate, contracts. They 87 00:07:56.720 --> 00:08:03.399 were also struck by the fact that there was an intention in that clan that 88 00:08:03.560 --> 00:08:11.199 there would be a protection of migrant workers and, obviously, here it would 89 00:08:11.240 --> 00:08:16.319 seem a good private of the Mexican side, because obviously we have more migrant 90 00:08:16.319 --> 00:08:20.959 work from Mexico to the United States than the other way around. As you 91 00:08:20.959 --> 00:08:26.120 know, that clumsy one. While it was true, it was seen as 92 00:08:26.279 --> 00:08:33.480 a great opportunity for the three countries to work together in the field of labour, 93 00:08:33.000 --> 00:08:39.440 the results they had were not expected. On the one hand, while 94 00:08:39.480 --> 00:08:45.039 it is true, the creation of a structure such as the VEN was promoted 95 00:08:45.120 --> 00:08:54.120 in the second paragraph of the image and it was agreed that there would be 96 00:08:54.159 --> 00:08:56.480 at least one office in each of the three countries. This wasn' t 97 00:08:56.480 --> 00:09:01.720 enough. It means that the impulse, like many things that took place on 98 00:09:01.879 --> 00:09:11.000 the telecan practically around the turn of six eight ten years, was allowed to 99 00:09:11.000 --> 00:09:15.879 die, and not only for the Americans, but also for the Canadian and 100 00:09:15.960 --> 00:09:24.080 Mexican sides. Then the achievements of that parallel agreement can be identified in this 101 00:09:24.519 --> 00:09:33.159 picture by the fact that some issues had reached the level of consultations. In 102 00:09:33.279 --> 00:09:39.919 terms of alternate dispute settlement mechanisms they are identified as negotiation and in terms of 103 00:09:39.960 --> 00:09:46.600 international law they are referred to as consultations. About it. You will see 104 00:09:46.000 --> 00:09:54.320 there the five points on which the dozen issues concerned when you went to the 105 00:09:54.320 --> 00:09:58.919 consultations. And, I repeat, there was no supranational body here, there 106 00:10:00.600 --> 00:10:07.519 was no court that could impose on any of the three countries the decisions, 107 00:10:09.000 --> 00:10:15.600 the results, the agreements that could have been reached. So, this is 108 00:10:15.639 --> 00:10:22.399 the most relevant relatively recent antecedent, a little over thirty years, called a 109 00:10:22.840 --> 00:10:26.519 clan and that obviously ends its validity, just as it happens with the telecan 110 00:10:26.639 --> 00:10:35.519 in two thousand twenty. Then, in the next normal precedent in force today, 111 00:10:35.720 --> 00:10:43.279 many people continue to identify it as the TPP. But let us remember 112 00:10:43.360 --> 00:10:48.799 that, while it is true, it was signed in February of two thousand 113 00:10:48.799 --> 00:10:54.399 sixteen, one of Donald Trump' s campaign commitments towards October of two thousand 114 00:10:54.519 --> 00:11:01.960 sixteen and then concreteized in two thousand seventeen, was the withdrawal of that TEPET 115 00:11:01.120 --> 00:11:07.240 from the United States. It was signed in the Baragobama administration and then, 116 00:11:07.440 --> 00:11:13.679 I repeat, it did not seem to him the terms and conditions for that 117 00:11:13.879 --> 00:11:20.480 negotiation with a dozen countries. Then those who remained, including Japan and Metico, 118 00:11:20.919 --> 00:11:28.759 took the lead in making modativist changes, but it draws attention. Despite 119 00:11:28.799 --> 00:11:35.679 the departure from the United States, no one made the decision to withdraw one 120 00:11:35.720 --> 00:11:43.159 of the most relevant issues of interest to the United States, the labor chapter, 121 00:11:43.360 --> 00:11:46.519 and that, perhaps for concerns of countries as they see them in the 122 00:11:46.679 --> 00:11:52.879 first paragraph, such as Malaysia, as could be Vietnam, where someone would 123 00:11:52.960 --> 00:11:56.840 worry about the labor constraints of the work. The fact is that the labor 124 00:11:56.919 --> 00:12:03.799 chapter is kept and you can consult it on the official day invoked in the 125 00:12:03.799 --> 00:12:09.440 third paragraph of the image of two thousand eighteen, where the labor chapter is 126 00:12:09.480 --> 00:12:20.200 number nineteen. The general aspects of this chapter are basically supported by the clan, 127 00:12:20.919 --> 00:12:28.879 as these three numerables observe. I repeat, things linked to migrant work 128 00:12:28.960 --> 00:12:37.600 or migrant workers are omitted and then what improvement or area of opportunity has been 129 00:12:37.679 --> 00:12:45.399 improved in this one that you now have a supranational body to solve them completely. 130 00:12:45.960 --> 00:12:48.000 It means they' re handled on three levels. On the one hand, 131 00:12:48.559 --> 00:12:54.159 cooperation, at a second level above, consultations or negotiations and then, 132 00:12:54.919 --> 00:13:01.440 at a third level, recourse to the control settlement mechanism. As you know, 133 00:13:01.600 --> 00:13:09.360 all the trade agreements and treaties that Mexico has signed just over fifty countries 134 00:13:09.480 --> 00:13:16.879 have a dispute settlement chapter. In the case of the cp TPP, as 135 00:13:16.879 --> 00:13:22.639 they would be for us or for us in Spanish. The TIPAT is provided 136 00:13:22.759 --> 00:13:31.639 for in the twenty- eighth chapter twenty- eight of the TITAC and this 137 00:13:31.960 --> 00:13:39.120 mechanism, if we made it a parallel with the TEMEC, would be a 138 00:13:39.240 --> 00:13:43.240 similar to the thirty- one chapter of the twenty- eight. This is 139 00:13:43.519 --> 00:13:50.000 similar to the TEMEC' s thirty- one and, I repeat, different 140 00:13:50.080 --> 00:13:56.480 from the rapid response labour mechanism envisaged in the subject. Continue to enter the 141 00:13:56.600 --> 00:14:00.360 fear. There are some elements I don' t want. I want you 142 00:14:00.519 --> 00:14:05.360 to get out of sight. On the one hand, that the last day 143 00:14:05.480 --> 00:14:13.480 of work of López Perdón de Peña Nieto was subscribed to the topic. I 144 00:14:13.639 --> 00:14:18.919 put some pictures alluding to that event that happened in Argentina. Someone would say 145 00:14:20.000 --> 00:14:26.240 why if Argentina was not a party, but it was decided that an event 146 00:14:26.519 --> 00:14:33.080 linked to another trade forum would be used to sign the theme Mexico. Many 147 00:14:35.279 --> 00:14:43.240 academics always comment that in the international arena, Mexico, for some strange reason, 148 00:14:43.320 --> 00:14:48.720 wants to be the most accomplished student of all, even though the others 149 00:14:48.799 --> 00:14:54.799 do not function Here the same happens and they will observe how in two thousand 150 00:14:54.240 --> 00:15:01.200 nineteen, that is, a few months after seeing the temach signed it gave 151 00:15:01.320 --> 00:15:09.840 the executive power to the process of approval and ratification that, if any, 152 00:15:09.879 --> 00:15:13.919 is made of the Treaties. And you will see there, in this third 153 00:15:13.919 --> 00:15:18.360 paragraph of the image, how and by the middle of the year, Mexico 154 00:15:18.759 --> 00:15:26.080 had, on the one hand, approved that topic, which was not considered 155 00:15:26.360 --> 00:15:30.120 and here I do not know why in the left hand it did not tell 156 00:15:30.120 --> 00:15:33.519 you to the right what was doing reverse boada. The fact is that two 157 00:15:33.600 --> 00:15:41.240 thousand nineteen had the negotiation of what is called the modified Protocol Since the beginning 158 00:15:41.360 --> 00:15:46.919 of the year Robert like Heiser had compacted himself with Jesus be of Juri, 159 00:15:48.799 --> 00:15:54.440 who was responsible, by the government of López Obrador, for following him from 160 00:15:54.480 --> 00:15:58.960 July of two thousand eighteen, at the conclusion of the negotiation of the Treaty 161 00:16:00.240 --> 00:16:04.879 and then with the administration, first of December of two thousand seventeen. From 162 00:16:04.919 --> 00:16:15.440 now on he was appointed by López Olvador as responsible, since we would say 163 00:16:15.519 --> 00:16:22.440 administration application of the work. But curiously, the senators and the Democratic Party 164 00:16:22.440 --> 00:16:29.080 in general disagreed with the terms on which they had been negotiated. The nineteenth 165 00:16:29.159 --> 00:16:33.159 chapter of the PIPA that later became irrelevant to the United States and then with 166 00:16:33.200 --> 00:16:38.240 the twenty- three chapter of the topic. Then, for months they were 167 00:16:38.279 --> 00:16:45.720 in a negotiating process that led to a modifying protocol. As you know, 168 00:16:45.159 --> 00:16:51.840 those engaged in foreign trade, there is the fourth point that since the time 169 00:16:51.879 --> 00:16:56.639 of the telecan has been working with representatives of the private sector and sometimes there 170 00:16:56.679 --> 00:17:03.720 are more than 300 representatives before they attend this room, as the final stage 171 00:17:04.119 --> 00:17:11.240 of the protocol a few days before it was filmed. Obviously, when Jesus 172 00:17:11.279 --> 00:17:15.640 is from the fine room of existence of this protocol, he does so in 173 00:17:15.680 --> 00:17:22.759 terms simply of discourse and the port together asked him to share the text of 174 00:17:22.880 --> 00:17:29.039 that modifier protocol. For this purpose it would be worth saying that the previous 175 00:17:29.119 --> 00:17:37.480 meeting was a Sunday at the premises of the ME and the next day, 176 00:17:37.720 --> 00:17:41.000 the coordinators of several of the tables, of the thirty- one chapters, 177 00:17:41.119 --> 00:17:45.559 when thirty- four were present to make this text, were made to see 178 00:17:45.680 --> 00:17:51.359 Jesus Sea of the number of aspects that were inconvenient to the position of Mexico. 179 00:17:51.960 --> 00:17:56.440 However, to everyone' s surprise, eight days later, nine days 180 00:17:56.000 --> 00:18:00.880 later, the announcement was already being made, guests were being invited to various 181 00:18:00.920 --> 00:18:07.119 public and private sector officials to present themselves to sign that amending protocol at the 182 00:18:07.279 --> 00:18:12.839 National Palace. There, at the top appears a photo of the attendees to 183 00:18:14.279 --> 00:18:18.599 that fir and then, also strangely again, as the most accomplished student, 184 00:18:18.720 --> 00:18:22.920 that same day, in the afternoon, a communication is generated so that the 185 00:18:23.039 --> 00:18:30.240 commissions responsible for approving that document will review it and in a strange way. 186 00:18:30.079 --> 00:18:37.000 A document that includes in pages of the Official Journal more than a hundred pages 187 00:18:37.039 --> 00:18:41.799 and that we put them together in the text of TEMAX are another thousand in 188 00:18:41.920 --> 00:18:45.880 a space of two days. I still doubt someone' s ability to not 189 00:18:47.039 --> 00:18:52.160 just read understand and understand the scope of the modification. The fact is, 190 00:18:52.359 --> 00:18:59.480 and that' s why there' s the sheet below the one hundred and 191 00:18:59.480 --> 00:19:03.519 eight senators attending, only one opposed all the others voted in favour, and 192 00:19:03.599 --> 00:19:10.000 I wonder if today they' ll understand the scope of this. Now what 193 00:19:10.119 --> 00:19:15.519 happens in that modifier protocol. Chapter thirty- one dispute settlement mechanism had existed 194 00:19:15.519 --> 00:19:22.839 since November of two thousand and eighteen. What are the relevant changes for the 195 00:19:22.880 --> 00:19:26.640 purposes of the topic we are dealing with, because there are many more changes, 196 00:19:27.200 --> 00:19:33.559 but for the labor mechanism of rapid response is the incorporation of two annexes 197 00:19:33.680 --> 00:19:41.039 And worth saying that only one was negotiated between Mexico and the United States or 198 00:19:41.200 --> 00:19:45.680 otherwise, someone could say the imposition of a labor mechanism of rapid response on 199 00:19:45.839 --> 00:19:55.880 Mexico and an identical copy of that annex was reproduced as Annex thirty- one 200 00:19:55.920 --> 00:20:00.799 B. And that is why both the pages where you can find in the 201 00:20:00.799 --> 00:20:06.119 Official Journal appear there, that I already commented on June 29, two thousand 202 00:20:06.880 --> 00:20:12.400 twenty these chapters and that I would recommend not only the reading of the topic, 203 00:20:12.920 --> 00:20:18.160 but those who want to see these novel aspects where the topic of work 204 00:20:18.200 --> 00:20:22.960 and the topic of higher formation is linked in that difficult diary. Now what 205 00:20:22.039 --> 00:20:29.599 ' s going on in this part? On the one hand, we had 206 00:20:29.680 --> 00:20:38.160 already said that you have virtually identical provisions between the 23rd chapter of the TEMEC 207 00:20:38.279 --> 00:20:45.400 and the 19th chapter of GDP, but there were also other important aspects. 208 00:20:45.079 --> 00:20:49.960 One of them, and laborers haven' t handled much of it is the 209 00:20:51.039 --> 00:20:56.359 famous 23rd Annex A Chapter 23 has only one annex and it is forgiven that 210 00:20:56.359 --> 00:21:00.599 it says so, but with affection. For magic, what you have to 211 00:21:00.640 --> 00:21:04.599 do is amend your labor legislation and for that, moreover, the chapter the 212 00:21:04.720 --> 00:21:12.119 compromise stated that it should be done by January of two thousand eighteen. Obviously, 213 00:21:12.680 --> 00:21:17.880 the times did not give, because the modification protocol was barely being signed 214 00:21:17.920 --> 00:21:26.319 on December 12 and this existence, because it was not very correct. But 215 00:21:26.440 --> 00:21:33.839 what Mexico did do was two things. On the one hand, to issue 216 00:21:34.200 --> 00:21:42.519 important modifications on the first of May of two thousand nineteen and two to join 217 00:21:42.519 --> 00:21:52.240 an Agreement of Collective Law that was established since nineteen hundred forty- nine within 218 00:21:52.319 --> 00:21:56.400 the framework of the ILOE. Then you come here, I repeat, three 219 00:21:56.400 --> 00:22:00.200 levels. Again for the settlement of conflicts, on the one hand, cooperation, 220 00:22:00.400 --> 00:22:06.920 on the other hand, consultations and now for the settlement of disputes, 221 00:22:07.240 --> 00:22:15.920 a mechanism that we could call suitable dog specific for the settlement of disputes in 222 00:22:17.079 --> 00:22:25.839 labor matters. So that there is no urban legend, I decided in three 223 00:22:25.960 --> 00:22:34.119 four images to transcribe the text of some articles containing that annex thirty- one 224 00:22:34.279 --> 00:22:38.160 a and, I repeat, the same will be found in thirty- one. 225 00:22:38.759 --> 00:22:45.319 Then which aspects become relevant to the effects of exposure. The fact that 226 00:22:45.359 --> 00:22:56.240 there may be a denial of collective labour rights in Mexico must be limited to 227 00:22:56.279 --> 00:23:06.240 what is referred to here as a covered facility. It means Mexico and the 228 00:23:06.279 --> 00:23:12.319 United States agreed in about ten sectors of industries in which they are concerned about 229 00:23:12.519 --> 00:23:21.279 this lack of compliance, of respect for the guarantee of these collective labor rights. 230 00:23:22.119 --> 00:23:27.680 And at one point it is not only limited to the production of goods, 231 00:23:27.720 --> 00:23:36.359 but also to the provision of services and then the sectors that are identified 232 00:23:36.599 --> 00:23:45.319 as covered installation or also called pyrioritarian sectors. You see them reflected here. 233 00:23:45.519 --> 00:23:53.440 I still remember some Bimbo representative hanging around because someone on the American side had 234 00:23:53.680 --> 00:24:00.359 leaked to him that they would also include bakery products that had an industrial fabrication. 235 00:24:03.559 --> 00:24:08.519 As you know, today, the world' s most important baker with 236 00:24:08.519 --> 00:24:15.079 plants, even in China, is bivo. Bimbo has even bought some American 237 00:24:15.480 --> 00:24:22.440 companies and is then included here. Some others are more traditional where Mexican companies 238 00:24:22.519 --> 00:24:27.839 have had an important participation in the United States, such as cement or steel 239 00:24:27.920 --> 00:24:34.200 or some growing of the last fifteen years in Mexico, where I call it 240 00:24:34.279 --> 00:24:41.920 colloquially that we became the autopartiers of the aeronautics industry and that had included it. 241 00:24:44.319 --> 00:24:51.759 So, when this rapid response labour mechanism is in place, among other 242 00:24:51.759 --> 00:24:57.400 things, when there is a denial of labour rights, specifically the right of 243 00:24:57.799 --> 00:25:07.839 association, the exercise of the trade union book and two the free negotiation of 244 00:25:07.920 --> 00:25:11.079 the collective contract without impressions. And here let' s remember, for those 245 00:25:11.160 --> 00:25:18.599 who are not laborers that for decades, that corporativism that we have had since 246 00:25:18.680 --> 00:25:23.480 the time of the Presidents General has translated into what is known as these collective 247 00:25:23.519 --> 00:25:32.519 protection contracts, with the idea that not any union can break out a strike 248 00:25:32.759 --> 00:25:44.319 in your company. We would even say the disagreement of the EDENIS workers themselves. 249 00:25:45.119 --> 00:25:52.920 I also talk about limitations, because what one would expect in a general 250 00:25:52.960 --> 00:25:59.519 agreement and then in particular between countries, because it is a flat even and 251 00:26:00.039 --> 00:26:03.960 in any case, if the flat was not equal well, someone would expect 252 00:26:04.359 --> 00:26:10.000 that in other areas, in other sectors, in other chapters would have come. 253 00:26:10.240 --> 00:26:12.480 I, with all due respect, do not perceive them. It seems 254 00:26:12.519 --> 00:26:18.319 to me that there is not a single equal here and I make the following 255 00:26:18.319 --> 00:26:25.240 comment. In this chapter twenty- three there is no clear and precise reference 256 00:26:25.279 --> 00:26:30.720 to the protection of migrant workers. We would be particularly concerned about Mexican workers. 257 00:26:32.680 --> 00:26:41.200 Two would say the initiation of the labor mechanism of rapid response against Mexico, 258 00:26:41.279 --> 00:26:47.119 against Mexican companies, is simply because of the failure to comply with the 259 00:26:47.200 --> 00:26:53.880 reform of May 1, 2000, 20. On the US side, however, 260 00:26:55.680 --> 00:27:03.079 the condition is imposed that first a determination by the National Labor Relations Board 261 00:27:03.200 --> 00:27:14.200 to ensure that only in the event of non- compliance with collective labour law 262 00:27:14.359 --> 00:27:18.920 commitments can it be activated. In the case of Annex Thirty- B, 263 00:27:19.079 --> 00:27:29.039 this National Labour Relations Board was simply changed to the Canadian competent authority. It 264 00:27:29.079 --> 00:27:33.319 means the footnotes one of thirty- one A and thirty- one B have 265 00:27:33.440 --> 00:27:38.559 that single difference from the authority' s mission. But then I' m 266 00:27:38.599 --> 00:27:42.319 sorry to say it. Yes, it seems that the labor rapid response mechanism 267 00:27:42.759 --> 00:27:51.079 is alone and exclusively focused on asking for Mexico' s violations of labor law. 268 00:27:55.480 --> 00:28:03.759 He went over to the next point and let me see that right now, 269 00:28:03.759 --> 00:28:06.960 I don' t realize there is. I also insisted on some of 270 00:28:07.000 --> 00:28:12.319 the differences. I' m sorry I came back a little bit from not 271 00:28:12.319 --> 00:28:18.200 opening the image. Yes, something I also failed to insist on that imbalance, 272 00:28:19.599 --> 00:28:25.759 that convention today, which is not the only one. Mexico has refused 273 00:28:25.799 --> 00:28:32.279 to sign various OIGE agreements, but this was one of them and was pressured 274 00:28:32.319 --> 00:28:38.000 by the United States. And yet the United States is not part of that 275 00:28:38.119 --> 00:28:42.720 ILO Convention which, as you will observe, already has one hundred and seventy 276 00:28:44.240 --> 00:28:48.920 - eight countries of writers. Then I ask you, I force you to 277 00:28:48.960 --> 00:28:52.880 become a party to that Convention, but I am not a party. So 278 00:28:53.240 --> 00:28:56.720 this is another one of the imbalance points I' m moving forward. Now 279 00:28:56.799 --> 00:29:04.319 yes, in the case of this San Martín mine it is already identified as 280 00:29:04.400 --> 00:29:11.440 case number twelve. For many of us, we have read in the press 281 00:29:11.440 --> 00:29:18.440 heard the communicators verbally saying that there have been various claims by the United States 282 00:29:18.519 --> 00:29:27.960 Government, specifically the use of UNIRS stands Rade representative in relation to companies based 283 00:29:29.400 --> 00:29:38.759 in Mexico that have allegedly violated these collective labour rights. In the case of 284 00:29:38.799 --> 00:29:44.880 this company of group Mexico, is it said, on the one hand, 285 00:29:45.079 --> 00:29:55.599 in the Mexican position that the first condition to be affected the interests of the 286 00:29:56.000 --> 00:30:00.480 United States is that the company carries out exports from the United States? It 287 00:30:00.519 --> 00:30:07.400 means you' re hurting if there' s a violation of rights, if 288 00:30:07.839 --> 00:30:12.039 that company doesn' t export to territory and the United States. Point two, 289 00:30:14.400 --> 00:30:18.720 that which we have provided for in article 14 of the Constitution which concerns 290 00:30:18.759 --> 00:30:26.519 retroactivity. It means in very flat terms, how it can affect you or 291 00:30:26.640 --> 00:30:33.400 how it can cover a Treaty whose date of entry into force was the first 292 00:30:33.519 --> 00:30:38.799 of July of two thousand and twenty. When it comes to an old case 293 00:30:40.559 --> 00:30:49.000 that has happened before and here it is something relevant and that is why I 294 00:30:49.000 --> 00:30:52.559 put it with bold ones, that is, the conflict is old. But 295 00:30:52.640 --> 00:31:04.480 it turns out that the strike procedure that we were saying in action for months 296 00:31:04.559 --> 00:31:11.359 over the course of years seems to have been violated, having made a new 297 00:31:11.400 --> 00:31:19.079 negotiation for the purpose of resuming operations with a coalition of workers different from that 298 00:31:19.119 --> 00:31:23.400 which were exercising the right to hang. And there it seemed in the U 299 00:31:26.039 --> 00:31:30.359 S mission that it would be a recent rape. Regardless of whether the conflict 300 00:31:32.839 --> 00:31:41.599 occurred in advance of the entry into force of the tempo, then for us 301 00:31:41.839 --> 00:31:49.759 we would say the stages of the rapid response labour mechanism have been fulfilled. 302 00:31:51.880 --> 00:31:59.640 It means the owner of the use put it to the Mexican government, where 303 00:31:59.680 --> 00:32:06.960 both the Secreta de Economía and the Secretariat of Labor act together. The Government 304 00:32:07.119 --> 00:32:15.440 of Mexico is reviewing whether or not a denial of rights exists. The position 305 00:32:15.519 --> 00:32:22.680 of the Mexican government was to say it is not inappropriate because of the two 306 00:32:22.680 --> 00:32:32.480 conditions already mentioned and, consequently, the titular cathrainta of the uspiar said we 307 00:32:32.519 --> 00:32:37.440 are going forward and then we are going to request the establishment of the ship. 308 00:32:37.759 --> 00:32:44.440 It means that, at the return of three years of coming into force 309 00:32:44.519 --> 00:32:51.880 of the topic, for the first time we will have the opportunity to know 310 00:32:52.000 --> 00:32:58.400 the establishment of a vale, say, from the second meeting, in the 311 00:32:58.400 --> 00:33:04.839 year two thousand twenty- one the list of panelists was established, as well 312 00:33:04.880 --> 00:33:09.680 as there is a list of about thirty panelists for chapter thirty- one, 313 00:33:10.160 --> 00:33:15.279 where there is a similar number for chapter ten, which is that of commercial 314 00:33:15.279 --> 00:33:22.200 remedies. There are also panelists already agreed by the three countries for the effects 315 00:33:22.279 --> 00:33:29.319 of a conflict Mexico United States. A conflict Mexico sings then means that only 316 00:33:29.400 --> 00:33:35.680 to continue the stage would it be necessary to choose the partisans. Advance also 317 00:33:35.799 --> 00:33:45.559 something is already happening in the last ten months we would say, something that 318 00:33:45.599 --> 00:33:52.880 happened in the teleca why there were requests of panel and that the panels were 319 00:33:53.039 --> 00:33:59.799 not established because basically by disinterest of the two parts. I explain myself to 320 00:33:59.839 --> 00:34:02.880 try to bring him to this day. Many of us, at the end 321 00:34:02.920 --> 00:34:09.679 of last year, learned of the conclusion of the panel procedure under rules of 322 00:34:09.679 --> 00:34:15.559 origin in the automobile sector. Most of us engaged in foreign trade, do 323 00:34:15.920 --> 00:34:23.239 not know what the terms or commitments of compliance of the United States and then 324 00:34:23.320 --> 00:34:29.920 Canada and Mexico are, despite having won as a result of the panel' 325 00:34:30.400 --> 00:34:36.519 s decision and do not have a certain date of compliance by the United States 326 00:34:36.559 --> 00:34:39.400 or, at the very least, there is no public information regarding it. 327 00:34:40.679 --> 00:34:49.719 Then we have the case of Glyphosate and transgenic maes, where the Mexican government 328 00:34:50.280 --> 00:34:58.079 made changes, reversed the absolute restriction on the import of technical teachers, made 329 00:34:58.079 --> 00:35:02.400 reforms in February this year and a little over two months ago the United States 330 00:35:02.440 --> 00:35:13.079 also said it would request a panel to examine that. And then what are 331 00:35:13.159 --> 00:35:19.440 countries doing? Draging fied dragging his feet. If you tell me you have 332 00:35:19.559 --> 00:35:23.800 a claim against me, but you haven' t fulfilled something I won well, 333 00:35:25.639 --> 00:35:31.239 then we wait to see what it is in terms of the quick response 334 00:35:31.239 --> 00:35:35.800 labor mechanism. To this day we should already be aware of what are the 335 00:35:36.239 --> 00:35:43.280 panelists appointed for the purposes of this rapid response labor mechanism, which is a 336 00:35:43.320 --> 00:35:47.880 much more agile mechanism than chapter thirty- one would be and which is worth 337 00:35:47.960 --> 00:35:52.679 saying, in my opinion, to issue a decision of the panel in less 338 00:35:52.760 --> 00:35:55.679 than one hundred and eighty days, as was done in rules of origin, 339 00:35:57.039 --> 00:36:04.800 marks suitable times for the resolution of problems. Then, in the case of 340 00:36:04.920 --> 00:36:07.840 the maestrongenic, it should happen at the return of more than two months, 341 00:36:08.039 --> 00:36:16.280 because we had news sales. So it seems that these clashes between the two 342 00:36:16.800 --> 00:36:22.400 governments are already marking a deterioration in the fulfillment of the pros. I put 343 00:36:22.440 --> 00:36:29.519 that as before able. As we all know, it is difficult for a 344 00:36:29.519 --> 00:36:37.400 legal text, including a trade treaty agreement, to have and specify all the 345 00:36:37.480 --> 00:36:44.960 terms and situations that may arise. The case of the San Martín mine is 346 00:36:45.000 --> 00:36:51.840 a clear object and here I put are not all, but I put some 347 00:36:51.920 --> 00:36:57.000 of the situations or aspects that, once installed, the panel will have to 348 00:36:57.559 --> 00:37:06.199 solve. First point competition. While it is true, there is annex thirty 349 00:37:06.360 --> 00:37:08.880 - one A. While it was true, countries agreed on the appointment of 350 00:37:08.920 --> 00:37:22.079 panellists. Perhaps it involves chapter 23 and that labor legislation can reach a company 351 00:37:22.119 --> 00:37:30.360 that does not export the United States. This is feasible because even some of 352 00:37:30.360 --> 00:37:37.159 my doctoral students here at the CUE and some other at the IPD had pointed 353 00:37:37.159 --> 00:37:45.159 out because there is a different and good treatment, because everything comes from the 354 00:37:45.280 --> 00:37:52.480 subject. It means that you only fulfil the commitments that are determined in relation 355 00:37:52.599 --> 00:37:59.760 to a certain trade agreement and not a general to all the companies that have 356 00:37:59.800 --> 00:38:06.840 signed with collective agreements or against the law in Mexico, point two. If 357 00:38:07.440 --> 00:38:21.719 you are going to determine that competence, then it will achieve that a conflict 358 00:38:22.360 --> 00:38:29.280 that arose ahead of the entry into force of the fear may be part of 359 00:38:29.280 --> 00:38:35.400 the competence of that panel. This is possible for that panel to make decisions 360 00:38:35.480 --> 00:38:40.800 about a previous set and then, regardless of whether the conflict has arisen previously. 361 00:38:42.800 --> 00:38:50.480 This resumption of activities or this renegotiation, in the event of the end 362 00:38:50.599 --> 00:38:55.559 of the strike, was or was not done with a union or coalition of 363 00:38:55.599 --> 00:39:00.679 workers other than those who had established the panel and these issues. I believe 364 00:39:00.719 --> 00:39:07.679 that for any scholar they become important. Some of my friends, Dr Oscar 365 00:39:07.719 --> 00:39:15.760 Cruz Warner, said the same thing happened with some issues from chapter nineteen of 366 00:39:16.000 --> 00:39:22.079 the telecan where the first panels might have to enter into the discussion of what 367 00:39:22.239 --> 00:39:29.000 competition this type of organ has. It is clear that they are arbitral tribunals, 368 00:39:29.239 --> 00:39:32.559 but there are things like this the conflict of the San Martín Mine, 369 00:39:34.079 --> 00:39:37.719 which are not key. That' s what I' m leaving the exhibition 370 00:39:37.719 --> 00:39:43.039 with. I hope I have been clear on the elements that I would like 371 00:39:43.920 --> 00:39:49.400 them to know and I tried to finish with the idea of having a chance 372 00:39:49.440 --> 00:39:52.599 to make an exchange of questions and answers that will surely be very interesting, 373 00:39:52.599 --> 00:39:58.480 both from the panelists. I also thank Master Alejandro Alcarde and Master Héctor Castro 374 00:39:58.559 --> 00:40:04.280 and Dr Guar for joining us on bread today. Thank you very much, 375 00:40:04.519 --> 00:40:08.320 teacher of the right day, doctor, and well, again, thank you 376 00:40:08.360 --> 00:40:12.559 all for your comments, for your contributions, for being present today in a 377 00:40:12.599 --> 00:40:16.400 barter. Thank you very much, Doctor Vargas, for everything you share with 378 00:40:16.440 --> 00:40:20.960 us today is always a pleasure and a pleasure to hear it. We hope 379 00:40:21.039 --> 00:40:23.400 to have him here soon and, well, many congratulations on the chat. 380 00:40:23.480 --> 00:40:30.199 And so, if I may, I' m going to read to the 381 00:40:30.280 --> 00:40:35.559 recognition and make a barter and say let' s barter otor and the present 382 00:40:35.639 --> 00:40:38.800 recognition to Dr Manuel Vargas Menchaca, José Manuel Vargas Menchaca, for bartering in 383 00:40:38.880 --> 00:40:44.599 the virtual conversation with the issue of labor mechanism of rapid response today, October 384 00:40:44.719 --> 00:40:49.880 2, 23, signed by Dr. Octavio de la Torre Stéfano, founder 385 00:40:49.920 --> 00:40:52.400 of Telese Magazine and teacher Daniela Martínez, CEO of Telese Magazí in Mexico. 386 00:40:54.559 --> 00:40:59.400 Nice to hear it, nice to be here with you, and thank you 387 00:40:59.519 --> 00:41:04.039 all so much for joining us today. We look forward to seeing you on 388 00:41:04.039 --> 00:41:09.519 Wednesday. Thank you very much, thank you very much. Bust to say 389 00:41:09.519 --> 00:41:13.360 hello. We' ve reached the end of today' s barge. Thank 390 00:41:13.400 --> 00:41:15.599 you so much for joining us. This was it. Let' s barter 391 00:41:15.599 --> 00:41:20.400 through. Som un evento de telc Magas y México. If you liked this 392 00:41:20.480 --> 00:41:24.679 talk, don' t forget to share each event with your contacts so that 393 00:41:24.719 --> 00:41:30.559 we continue to spread knowledge and stay up to date. They find all our 394 00:41:30.559 --> 00:41:36.440 talks through our online education platform, entering www TLC Magas in Mexico com Mx 395 00:41:36.480 --> 00:41:42.519 in the course section, where you can see them again without cost. If 396 00:41:42.559 --> 00:41:45.519 you are interested in any specific topic, send us a message through the social 397 00:41:45.599 --> 00:41:50.880 networks of tels Magas in Mexico and we will look for an expert who can 398 00:41:50.880 --> 00:41:52.760 clarify your doubts. This was let' s do a preak.