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Labor Market Regulations

Author

Listed:
  • Damian Raess

    (World Trade Institute, University of Bern)

  • Dora Sari

    (UNIGE - Université de Genève = University of Geneva, Harvard Law School - Harvard University)

Abstract

This chapter covers labor market protections (or regulations, depending on one's perspective) in trade agreements, which have gained unexpected ground in international labor regulation over the past three decades. Preferential trade agreements (PTAs) signed in recent decades have started to link the benefits of better market access to the recognition or enforcement of internationally recognized labor rights. The inclusion of labor provisions (LPs) under the international trade regime was first discussed during negotiations for the International Trade Organization (ITO), as part of the Bretton Woods negotiations, in 1945 and 1946. Labor provisions vary in terms of content and stringency as well as where in the PTA they are located (preamble, text, side agreement, Memorandum of Understanding). Some PTAs include, typically in their preambles, only an aspirational goal to improve working conditions. Others specify commitments to internationally recognized labor standards, with or without a reference to the relevant ILO instruments. Still others detail procedures for consultation, dispute settlement, cooperation activities, and/or the institutions with oversight for monitoring and implementation of labor-related commitments.

Suggested Citation

  • Damian Raess & Dora Sari, 2020. "Labor Market Regulations," Post-Print hal-04307718, HAL.
    • Handle: RePEc:hal:journl:hal-04307718
    DOI: 10.1596/978-1-4648-1539-3
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