Evaluating the effectiveness of labour provisions in trade agreements - an analytical framework

INTERNATIONAL union rights Page 22 Volume 22 Issue 1 2015 OPINION ❐ TRADE AGREEMENTS What does the CAFTA-DR labour dispute tell us about the potential to protect labour standards in TTIP? establish that the alleged violations (which it insists are unsubstantiated) cannot amount to a breach of CAFTA-DR Article 16.2.1(a), namely ‘a failure to effectively enforce its labor laws, through a sustained or recurring course of action or inaction, in a manner affecting trade between the Parties’. The Guatemalan government argues, inter alia: (i) that the action or inaction of the relevant bodies (including labour courts) is outside of the scope of the provision, which covers only the executive branch of government (para. 181); (ii) that in order to qualify as ‘sustained or recurring’ a course of action or inaction must ‘have formed part of a deliberate policy of neglect… with the intended consequence of having an effect on the exchange of goods or services among all of the States that are part of CAFTA-DR’ (para. 273); and (iii) that trade between the Parties has, in any case, not been affected (para. 472). Whatever the merits or otherwise of these interpretations , what is abundantly clear is that the labour provision in CAFTA-DR is by no means a juridical panacea for the enforcement of labour standards among its members. The panel is chaired by Canadian labour law professor Kevin Banks, but as Guatemala has been keen to point out, CAFTA-DR is a trade agreement, not a labour agreement. And the language of the provision reflects this. However, there are limits to this case that do not derive from the legalese of the text alone. The systematic use of violence against trade unionists has been – somewhat dubiously – omitted from the US submission. Seven members of the Guatemalan Izabal Banana Workers’ Union (‘SITRABI’) have been murdered since 2008 when SITRABI co-signed the CAFTA-DR complaint , and a total of sixty-four union leaders have been killed in Guatemala since 2007. Apparently, the USTR does not consider such matters as violations of the CAFTA-DR labour chapter. As a result, the failures of the Guatemalan authorities to investigate these deaths or prosecute those responsible for them will not feature in the current dispute. Trade agreements are for trade, labour chapters are for…? During the negotiations and signing of CAFTADR , national unions across all of its member countries opposed the agreement. Between 2002 and 2005, numerous mass demonstrations took place in Guatemala demonstrating against its potential impacts. The ITUC joined this opposition1 . Even Barack Obama opposed CAFTA. Opposition focused not only on labour standards , but also on the effects of trade liberalisaT he case against Guatemala under CAFTA-DR (the Dominican Republic-Central America Free Trade Agreement), initiated in September 2014, is the first labour dispute under a trade agreement to proceed to arbitration. Guatemalan unions, in cooperation with the American Federation of Labor and Congress of Industrial Organizations (‘AFL-CIO’), lodged their first complaints through the CAFTA-DR mechanism in 2009, alleging gross violations of labour rights in Guatemala. It has taken more than six years from that date for the US Government to initiate the proceedings, following repeated delays, extensions, and abandoned attempts at consultations with the Guatemalan government. This landmark moment provides a useful opportunity to consider the potential for including labour rights provisions in free trade agreements . The allegations against Guatemala have been widely reported: unions have long highlighted widespread anti-union discrimination and the murder of trade unionists, and in 2014 the ITUC ranked Guatemala one of the worst places in the world for workers. For workers in the EU, such horrors might seem far removed, but with the race under way to create the mega-regional Transatlantic Trade and Investment Partnership (‘TTIP’) – and with it, a new and expansive world of trade-related regulation – the question of whether labour provisions in trade agreements actually work (and for whom do they work) is worthy of some critical reflection. The action and inaction of Guatemala (and the US) The US has negotiated labour provisions into 13 FTAs – with 19 partner countries – over 22 years, each with some degree of enforceability. The United States...

The EU-China Comprehensive Agreement on Investment (CAI) presents a balancing act in labour rights protection. For the EU, labour rights protection constitutes an integral part of every trade and investment agreement it negotiates. China rarely includes labour provisions in trade and investment agreements. This article discusses current EU and Chinese approaches to integrating labour rights in trade and investment agreements, then introduces the provisions included in the proposed text of the CAI, and finally compares the proposed provisions in the CAI to the current approaches of the parties, focusing on five issues: international commitments, domestic labour regulation, dispute settlement, cooperation and stakeholder engagement. The article finds that from a European perspective, the CAI might represent a step back, while from a Chinese perspective, it might represent a step forward.

This PhD aims to generate a better understanding of corporate social responsibility (CSR) in production networks. is an umbrella term that deals with voluntary activities undertaken by companies and that indicate an ethos to act responsibly in society. This research focuses on practices that aim towards improving working conditions in outsourced production factories by implementing so-called social standards, which often derive from core norms of the International Labour Organization and intend to secure decent working conditions. While companies claim that they take responsibility for workers via practices, civil society actors like the Clean Clothes Campaign criticize as public relations exercise as companies still fail to take sufficient Based on this contradiction this PhD aims to reveal the contestation surrounding and the struggles over between companies and civil society organizations claiming to represent workers in production networks. The main questions are: What practices do companies use to take responsibility for workers in outsourced production, how do they legitimize these practices, and how are these approaches contested? The research is based on theoretical concepts of shared CSR and democratic legitimacy. The global production network framework and a framework for analysing private regulation, referring to legislative, judicial, and executive regulation, are applied. Empirically, the research analyses two private standards initiatives that define and institutionalize practices, namely the Fair Wear Foundation (FWF) and the Business Social Compliance Initiative (BSCI). The findings are mainly based on 150 qualitative interviews with representatives from companies, civil society, auditing companies, and governments. Additionally, documents are evaluated. Empirical research was undertaken in Europe (mainly Germany & Switzerland) and Asia (India & Bangladesh). The research findings suggest that the practices defined by BSCI and the FWF are based on rather different interpretations of the causes of worker injustice. The BSCI is based on a belief in a concept of liberal democracy. In this view companies do not need to legitimate their activities, as long as they comply with national laws. Responsibility is based on a liability model that blames producers and national governments for neglecting their responsibility towards workers. Companies joining the BSCI take the responsibility of initiating processes in developing countries that demand governments, producers and civil society actors in these countries to take In contrast, the approach of the FWF is based on an understanding of structural injustice and shared responsibility. In this view violations of labour rights are identified to be inherent in the complexities of production networks themselves. No single actor can be blamed for the injustices, and therefore corporations share a responsibility, and must engage in public discourses according to their power and abilities, what is seen as a political form of CSR.

Labor Provisions in US Free Trade Agreements: Determinants and Adequacy

Although sanctions targeting political regimes receive the most media attention, the EU can also sanction states for labour rights violations through its trade policy. Although in practice such sanctions are applied only in extreme cases, the possibility of suspending trade preferences increases the EU’s leverage. In modern trade agreements, the EU incorporates Trade and Sustainable Development (TSD) chapters for labour and environmental matters. However, trade sanctions for non-compliance with this chapter are absent. Instead, a dedicated dispute settlement arrangement exists, leading to recommendations by a panel of experts. In 2019 the EU launched proceedings against South Korea for failing to uphold commitments to ratify and implement International Labour Organisation core conventions regarding trade unions under the 2011 EU–Korea Trade Agreement. In 2021, the panel of experts sided with the EU’s interpretation of commitments under the TSD chapter. This initial case represents the EU’s intention to focus on the implementation of TSD chapters. Using data from official documents, this article process-traces the dispute with Korea. It argues that the outcome of the case, and Korea’s ratification of fundamental International Labour Organisation conventions in 2021, demonstrate the potential of the TSD chapter, when forcefully enforced, to partially redress the weak sanctioning capacity in TSD chapters. It also uncovers important caveats regarding state capacity and alignment with government objectives as conditioning the effectiveness of TSD chapters’ non-legally binding sanctioning mechanisms.

Since the conclusion of North African Free Trade Agreement (NAFTA) in 1994, an increasing number of Foreign Trade Agreements (FTAs) have included labour provisions along with specific dispute settlement mechanisms for these provisions. This article analyses how labour provisions have been included in FTAs’ since the early 1990s and critically accesses their suitability and effectiveness in terms of domestic labour reform and trade-related labour dispute settlement. It concludes by evaluating the case for the inclusion of labour provisions in FTAs’ and argues in favour of tailor-made rules suited to the precise reality of countries’ labour markets and regulatory environment. FTAs, labour provisions, sustainable development, ILO, globalization, CPTPP, NAFTA, rule of law, European Union FTAs, dispute settlement

This article examines the complex and innovative personal scope of the EU Platform Work Directive 2024/2831, highlighting its dual framing around the concepts of ‘platform workers’ and the broader category of ‘persons performing platform work’. The authors explore how the Directive partially departs from traditional binary distinctions between employees and self-employed persons by introducing a more nuanced regulatory approach anchored in both labour law and data protection law. The article analyses the scope of key provisions of the Directive, showing how it confers many protections beyond the confines of the employment relationship. It critically evaluates the potential interpretive tensions between Articles 4 and 5 and underscores the Directive's expansive redefinition of platform work. In doing so, the article positions the Directive as a paradigm shift in EU social regulation – one that embraces a universalistic vision of labour rights grounded in the reality of personal work rather than contractual form and employment status. The authors also reflect on the implications for future EU regulation and international standard-setting processes, particularly those led by the ILO.

Saving the Political Consensus in Favor of Free Trade

The article investigates the ways and means of improving and perfecting the state of labor protection at transport enterprises of Ukraine through the implementation of international standards for risk management and occupational safety. A detailed analysis of international standards for occupational safety, and their main benefits that improve the health and safety of enterprises. The object of research is international standards on occupational safety and risk management. The purpose of the work is to analyze the implementation and use of international standards on occupational safety and risk management at Ukrainian transport enterprises. Research methods - analytical. Quality management of labor protection at enterprises is one of the priority areas of transport enterprises in order to reduce occupational injuries and improve working conditions. In order to effectively manage labor protection in transport enterprises, the authors of the article propose the introduction of international standards in the field of occupational safety and risk management in Ukraine. Examining the chosen topic, it was found that in many works that devoted to the application of international standards on occupational safety was not a generalization of all regulations and standards on labor protection and risk management in the enterprise. The main directions for the implementation of international standards for occupational safety and risk management in transport enterprises of Ukraine are proposed. The results of research can be recommended for implementation in the management system of labor protection at transport enterprises of Ukraine. KEY WORDS: INTERNATIONAL STANDARDS, OCCUPATIONAL HEALTH AND SAFETY, SAFE WORKING CONDITIONS, RISK ASSESSMENT, IMPROVING OCCUPATIONAL HEALTH AND SAFETY CONDITIONS, MANAGEMENT SYSTEM.

Purpose: The aim of the study was to examine the role of International Trade Agreements in Shaping Labor Standards and Worker Rights Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study revealed that trade agreements have both positive and negative impacts on labor standards depending on the specific provisions, implementation strategies, and contextual factors. While some agreements contribute to the convergence of labor standards and promote improvements in areas such as workplace safety and environmental regulations, others may lead to downward pressure on labor standards due to intensified competition and weakened enforcement mechanisms. Unique Contribution to Theory, Practice and Policy: Neo-liberal theory, dependency theory & institutional theory may be used to anchor future studies on the international trade agreements in shaping labor standards and worker rights. Enhance the capacity of international organizations and national governments to monitor and enforce labor standards effectively within the framework of trade agreements. This includes investing in robust inspection systems, implementing transparent reporting mechanisms, and providing adequate resources for enforcement agencies. Embed comprehensive social clauses in trade agreements that prioritize the protection of labor rights and promote decent work for all. These clauses should encompass core labor standards as defined by the International Labour Organization (ILO), along with provisions for non-discrimination, gender equality, and social protection.

BackgroundTrade has been a commercial and political determinant of health since the Middle Ages. It was the transmission route for increased prosperity and, as the result of mobility, pandemics, such as plague. The importance of trade agreements (TA), their potential to increase inequity and restrict scope for regulating for health are not discussed widely in public health. Comprehensive TAs, emerging impacts of Brexit, global disruption associated with SARS-CoV-2, access to vaccines and climate change require urgent attention. With renewed interest in economy of wellbeing we examine the impact of trade and TAs for public health practice.ResultsWe present a six-part framework for analysis of trade-related measures for public health practice: Trade flows and/or mobility of people, goods, services or capital. Trade can enhance access to fruits, nuts and vegetables, but also tobacco, alcohol and junk food. Tariffs, tax and minimum unit pricing need to be balanced.Scope for regulation and policy measures at national level irrespective of trade flows.Obligations such as intellectual property rights and investment protection that protect corporations against local action.Authority and reference standards. TAs have changed reference agencies (e.g. Codex, ISO) and can include e-health, medical devices and data-related provisions.New provisions can signal a role for trade in improving health or undermine other international agreements.Public health and crisis exemptions so that essential local services and production can take place LessonsThis framework enables a focus on trade flows and what is negotiated under trade agreements to inform political decision-making and evaluate what negotiated documents imply for population health.Key messages Trade impacts on public health depend on trade flows and what is negotiated in trade agreements.The framework for analysis helps in assessing diverse types of public health relevant impact and identifying priorities for action.

Objective: to test the safety and health nexus in the labor rights of women workers in the Peruvian Public Sector. Theoretical framework: Based on human capital theories, resource-based view of the company, and labor rights theory, focusing on the physical, mental and social well-being of women workers in the Peruvian public sector. Methodology: Non-experimental, descriptive and correlational study, using mixed quantitative and qualitative methods. It includes a 32-item survey and structured interviews with workers and labor law experts. Results: Positive correlation between occupational safety and health with labor rights and paid breaks. Occupational psychology shows a strong correlation with all variables, while occupational medicine shows no significant correlations. Conclusions: The study showed the vital role of legal compliance, work psychology, and comprehensive safety measures in improving occupational health and worker well-being. Further investigation into psychosocial factors and sector-specific risks is needed to refine safety practices.

Work-related injuries date back to antiquity. Attempts to resolve these work-related challenges have, inter alia, led to the establishment of the professions of Ergonomics, Occupational Therapy, Physiotherapy, Occupational Hygiene, and Biokinetics. The objective of this article is to illustrate the value of Ergonomic principles as an adjunct to the profession of Biokinetics. Insofar as Ergonomics addresses the physical and environmental risks which predispose and precipitate injuries, the profession of Ergonomics is primarily concerned with the practice of eradicating work-related challenges that impede human-machine interfacing, and which adversely influence work productivity and employee health. While Occupational Therapy and Biokinetics, by rehabilitating work-related injuries, assist in improving working conditions, little is known about the exact interface between the professions of Ergonomics and Biokinetics. The Google Scholar database was consulted in order to determine the relationship between Ergonomics and Biokinetics. The key words used were ergonomics and biokinetics and lead to the identification of 545 records, none of which pertained to the aforementioned subject. A subsequent search was conducted using the key words work-related musculoskeletal injuries and biokinetics. This search identified 925 records, the number of which were reduced to 42 (4.76%) after the exclusion of patents (n = 24), citations (n = 3), and nonbiokinetic work-related injury research (n = 856). Given that many work-related injuries are managed through the use of biokinetic rehabilitation, knowledge of the physical ergonomic risk factors at play will afford biokineticists an enhanced understanding of the etiology of work-related injuries, thereby helping to improve the vigor of the rehabilitation.

This article discusses the growing issue of labor rights within global supply chains, with a focus on the importance of due diligence in ensuring decent work standards. Global supply chains, often complex and obscured by various economic and contractual layers, frequently result in poor working conditions, low wages, and human rights abuses, especially for vulnerable workers in developing countries. The article emphasizes that corporate due diligence can be a key tool in addressing these challenges, preventing violations, and promoting better labor conditions. The objective of this study is to analyze how due diligence frameworks can be integrated into business practices to improve labor rights. While voluntary Corporate Social Responsibility (CSR) initiatives have gained popularity, they often lack enforceability, which leaves workers unprotected. The article argues for a dual approach that combines both voluntary and mandatory compliance mechanisms to ensure accountability and effective protection for workers across supply chains. The research utilizes a qualitative methodology, examining historical case studies and international frameworks designed to improve labor rights in supply chains. Notable cases like the Rana Plaza disaster in Bangladesh and the Brazil Verde Farm case illustrate the devastating effects of failing to implement labor protections. These cases highlight the need for robust due diligence and human rights protections within global supply chains. The article reviews international guidelines such as the UN Guiding Principles on Business and Human Rights, OECD Guidelines for Multinational Enterprises, and ILO standards on decent work, evaluating their effectiveness in ensuring compliance. The study finds gaps in existing voluntary compliance mechanisms, often leaving labor abuses unaddressed. As a solution, the article advocates for mandatory due diligence legislation, citing Germany's Supply Chain Act as a positive example of proactive legislation that can set global standards for responsible business conduct. Additionally, the research highlights the role of trade unions and collective bargaining in advocating for workers' rights. These social partners are crucial for ensuring that due diligence measures lead to tangible improvements in working conditions, and that workers have a voice in shaping their employment terms. In conclusion, the article stresses the need for a comprehensive approach to addressing labor rights violations in global supply chains. This includes strong legal frameworks, the active participation of trade unions, and effective due diligence practices. By addressing these multifaceted issues, companies can ensure decent work standards are met throughout their supply chains, contributing to a fairer and more ethical global economy.

Background: Today, the Eurasian Economic Union (hereinafter the EAEU) has formed its own labour market; however, in the current international environment, issues related to ensuring the health protection of migrants and their access to employment persist. Despite ongoing efforts within the EAEU to develop and deepen Eurasian integration and improve the regulatory framework, there is a need in the age of digitalisation to develop better access for workers to social protection and medical support systems. The relevance of this scientific article lies in the presence of problematic issues related to the fact that many migrants are not registered and lack the documentation to protect them legally and financially; this situation contributes to the development of informal employment and low labour productivity. Although the EAEU countries have established working and socio- economic conditions, the issue of ensuring health protection, access to work, and social protection for labour migrants remains unsolved. Methods: This article employs various methods of scientific cognition, including historical and legal analysis, comparative legal study, induction and deduction, as well as analysis and synthesis. It also applies the acts and regulations of the ILO. What is the role of protecting the socio-economic and labour rights of migrant workers as the main task of receiving states? In law enforcement practice, to what extent do the provisions of international agreements on the organised hiring of workers between receiving countries and countries of origin of migrants ensure the adaptation of migrants to the legal regime of the host country, the participation of migrants in the functioning of civil society institutions, and the monitoring of migration processes? How does national regulation of labour migration in integration associations of states rationally organise their actions on the principles of national treatment for migrant workers? Labour migration strengthens integration unions, creating strong social ties and developing civil society institutions within the boundaries of integration associations. Since state sovereignty is inextricably linked to the protection of the interests of fellow citizens in regulating labour migration, all states participating in regional integration are called upon not only to protect the rights of migrant workers but also to provide all conditions for migrants to fulfil their obligations to civil society. The study examined the free movement and provision of labour and social guarantees for labour migrants in the EAEU and compared their situation in the EU. It also surveyed labour migrants in the EAEU by questioning workers in education, medical care, and various private sectors. This article is based on the results of this study. This article examined the challenges in providing guarantees and social protection for EAEU labour migrants. It proposed improvements to legal regulatory mechanisms and outlined recommendations for improving and expanding opportunities for free movement while better safeguarding the social and labour rights of migrants in the EAEU. The study’s primary objectives were as follows: - Examining the provisions of the ILO Convention on migrant workers. - Collecting and analysing data on labour movement across the EAEU - Analysing international EU treaties regarding the legal status of migrant workers - Interviewing migrant workers in the EAEU on issues related to their provision of rights and guarantees under the EAEU Treaty. Results and conclusions: This study highlights the need to organise safe labour migration, provide labour migrants with full access to digital services, improve the system of vocational and technical education in line with labour market demands, as well as develop and implement a unified system for ensuring the safety of workers and their families. Successful adaptation in the host country is identified as a critical factor for both labour migrants and their families. The authors recommend adding a dedicated chapter to the EAEU treaty that would comprehensively address labour and social rights, along with their guarantees.