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36 Comp. Lab. L. & Pol'y J. 347 (2014-2015)
ILO Labor Standards and Trade Agreements: A Case for Consistency

handle is hein.journals/cllpj36 and id is 391 raw text is: ILO LABOR STANDARDS AND TRADE AGREEMENTS: A CASE FOR CONSISTENCY Jordi Agusti-Panareda,t Franz Christian Ebert,tt and Desir6e LeClercqttt I. INTRODUCTION Labor standards are an increasingly common feature in instruments of international economic law.1 Perhaps the most significant and most controversial development in this respect concerns the inclusion of provisions that contain labor standards (labor provisions), in trade agreements.2 While attempts to include labor provisions within the t Senior Legal Officer, Office of the Legal Advisor, ILO. tt Research Fellow, Max Planck Institute for Comparative Public Law and International Law. ttt Legal Officer, International Labor Standards Department, ILO. The views expressed in this Article are those of the authors and do not necessarily reflect the views of the aforesaid institutions. The authors would like to thank Lance Compa, Cleopatra Doumbia-Henry, Sarah Fox, Eric Gravel, Francis Maupain, and Jeffrey Vogt for inspiration and commentary. Any remaining mistakes are of course to be attributed to the authors alone. An earlier version of this Article was published as a Background Paper in the context of the ILO Research Department's Project on Social Dimensions of Free Trade Agreements; see Jordi Agusti-Panareda, Franz Christian Ebert & Desir6e LeClercq, Labour Provisions in Free Trade Agreements: Fostering their Consistency with the ILO Standards System (ILO Background Paper, 2014), available at http://www.ilo.org/wcmsp5/groups/public/---dgreports/---inst/ documents/genericdocument/wcms_237940.pdf. Some of the findings of the draft Background Paper were fed into the project's synthesis report; see ILO, SOCIAL DIMENSIONS OF FREE TRADE AGREEMENTS 107-09 (2013). 1. These instruments include, e.g., development finance arrangements, corporate codes of conduct of private companies, and framework agreements between multinational companies and global union federations. See CHRISTINE KAUFMANN, GLOBALISATION AND LABOUR RIGHTS: THE CONFLICT BETWEEN CORE LABOUR RIGHTS AND INTERNATIONAL ECONOMIC LAW (2007); Dara O'Rourke, Outsourcing Regulation: Analyzing Nongovernmental Systems of Labor Standards and Monitoring, 31 POL'Y STUD. J. 1 (2003); SHAPING GLOBAL INDUSTRIAL RELATIONS: THE IMPACT OF INTERNATIONAL FRAMEWORK AGREEMENTS (Konstantinos Papadakis ed., 2011). 2. Different aspects of this development have been analyzed by a number of authors. See The Use, Scope and Effectiveness of Labour and Social Provisions and Sustainable Development Aspects in Bilateral and Regional Free Trade Agreements VC/2007/0638 (Sept. 15, 2008), available at http://ec.europa.eu/socialVBlobServlet?docld=2112&langld=en; Cleopatra Doumbia-Henry & Eric Gravel, Free Trade Agreements and Labour Rights: Recent Developments, 145 INT'L LAB. REV. 185 (2006); Sandra Polaski, Protecting Labor Rights Through Trade Agreements: An Analytical Guide, 10 U.C. DAVIS J. INT'L & POL'Y 13 (2004); JACQUES BOURGEOIS ET AL., A COMPARATIVE ANALYSIS OF SELECTED PROVISIONS IN FREE TRADE AGREEMENTS (Oct. 2007), http://trade.ec.europa.eu/ doclib/docs/2008/march/tradocl138103.pdf; Peter Bakvis & Molly McCoy, Core Labour Standards and International Organizations: What Inroads Has Labor Made? (Friedrich-Ebert-Stiftung Briefing Paper No. 2008/6, 2008), available at http://library.fes.de/pdf-files/iez/05431.pdf; Franz Christian Ebert & Anne Posthuma, Rebalancing Globalization: The Role of Labor Provisions in Existing International Trade Arrangements and Development Finance Policies, in WORLD OF WORK REPORT 2009: THE GLOBAL JOBS CRISIS AND BEYOND 63 (Int'l Inst. for Lab. Stud., 2009), available at http://www.ilo.org/ public/english/bureau/inst/download/wow_09.pdf; Pablo Lazo Grandi, Trade Agreements and their

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