Labour Standards in a Globalised EconomySymposium

Individual labour complaint procedures in future free trade agreements?

In their posts, Tonia Novitz and Patrick Abel mention the idea of enhancing the procedural role for individuals in labour disputes as a means to foster the enforcement of labour provisions in international trade agreements. In this post, I will enquire whether individuals should be given an opportunity to pursue their claims in an individual complaints procedure for labour matters in the context of free trade agreements (FTAs), rather than …

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Labour Standards in a Globalised EconomySymposium

Systemic deficiencies of US FTAs’ arbitral labour dispute settlement procedures

The lack of arbitral practice has been the subject of intense analysis in international economic law.

Deciding international disputes solely on the basis of law while excluding economic and political aspects of power, at least to a large extent, is a concept which can suit arguments between powerful and less powerful states. From this perspective, US free trade agreements are an interesting research topic. Remarkably, from earlier FTAs such as the NAFTA labour side agreement, the North American Agreement on Labour Cooperation (NAALC), to more recent FTAs …

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