Employee Rights and Employment Policy Journal

Anything But Doomed: Why Restrictions on Offshoring are Permissible Under the Constitution and Trade Agreements

Abstract

By
Tyson B. Roan

This article responds to the claims of various critics who argue that regulations restricting the offshoring of public and service sector jobs are unconstitutional and in violation of various trade agreements.  The article provides an overview of the number of service sector jobs that have been lost to offshoring and analyzes various policies underlying regulations aimed at restricting offshoring in service sector industries.  Contrary to the critics’ claims, a careful analysis of constitutional law and trade agreements shows that the restrictions on offshoring are anything but doomed.