Labour obligations in the US-Chile free agreement: the illusion of soft law
The International Journal of Comparative Labour Law and Industrial Relations
2011
27
4
December
407-417
dumping ; free trade ; ILO Declaration ; international law ; labour law ; social clause ; workers rights ; soft law
Law
http://www.kluwerlawonline.com
English
"This article focuses on the effects on labour of the United States-Chile Free Trade Agreement (FTA). The author makes a brief introductory reference to the origins of international labour law and the new developments in worker protection in times of globalization, highlighting the social clause, among other mechanisms. The social clause in Chapter 18 of the United States-Chile FTA is examined, basically identifying four types of standards: Labour commitments, labour obligations, cooperation, and procedures. Since labour commitments constitute soft law guidelines, their practical efficacy is equivalent to that of a policy statement. On the other hand, a breach of Labour Obligations can result in financial penalties for the offender. However, these Labour Obligations are limited to monitoring the enforcement of each Member State's existing labour laws. The social clause is, therefore, fairly sterile, and the author concludes that the worker protection mechanisms in this type of FTA are in need of reformulation."
Paper
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.