
Contents
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1. Introduction 1. Introduction
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1.1 The Trade and Labour Debate Writ Large 1.1 The Trade and Labour Debate Writ Large
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1.2 Flexibility, Trade, and Labour Law 1.2 Flexibility, Trade, and Labour Law
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2. Trade Agreements and Labour Law at the Negotiation/Pre-Ratification Stage 2. Trade Agreements and Labour Law at the Negotiation/Pre-Ratification Stage
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2.1 US Trade Agreements 2.1 US Trade Agreements
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2.1.1 NAFTA and its labour agreement: Setting the stage 2.1.1 NAFTA and its labour agreement: Setting the stage
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2.1.2 Early post-NAFTA moves in the MENA 2.1.2 Early post-NAFTA moves in the MENA
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2.1.3 The May 10 template and four new agreements 2.1.3 The May 10 template and four new agreements
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2.1.3.1 Panama 2.1.3.1 Panama
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2.1.3.2 Peru 2.1.3.2 Peru
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2.1.3.3 Colombia 2.1.3.3 Colombia
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2.1.3.4 Korea 2.1.3.4 Korea
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2.2 Trade-Labour Law Linkage in EU Agreements 2.2 Trade-Labour Law Linkage in EU Agreements
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2.2.1 EU-Canada 2.2.1 EU-Canada
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2.2.2 EU-Georgia 2.2.2 EU-Georgia
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2.3 Trade-Labour Linkage in the Trans-Pacific Partnership 2.3 Trade-Labour Linkage in the Trans-Pacific Partnership
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2.3.1 Vietnam 2.3.1 Vietnam
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2.3.2 Malaysia 2.3.2 Malaysia
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2.3.3 Brunei 2.3.3 Brunei
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2.4 EU-Vietnam 2.4 EU-Vietnam
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2.5 The USMCA and Labour Law Change in Mexico 2.5 The USMCA and Labour Law Change in Mexico
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2.5.1 Origins of TPP negotiations 2.5.1 Origins of TPP negotiations
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2.5.2 The Chapter 23 Annex on Mexico labour law reform 2.5.2 The Chapter 23 Annex on Mexico labour law reform
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3. The Post-Agreement Enforcement Stage and Labour Law 3. The Post-Agreement Enforcement Stage and Labour Law
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3.1 EU-Korea Enforcement 3.1 EU-Korea Enforcement
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3.2 NAFTA, NAALC, and the New USMCA 3.2 NAFTA, NAALC, and the New USMCA
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3.2.1 Experience under the NAALC 3.2.1 Experience under the NAALC
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3.2.2 The USMCA and Mexico’s labour law reforms 3.2.2 The USMCA and Mexico’s labour law reforms
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4. Conclusion 4. Conclusion
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48 Trade Agreements and Labour Law
Get accessLance Compa, Cornell University, US
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Published:21 August 2024
Cite
Abstract
This chapter examines how labour provisions in trade agreements can drive reforms in countries’ domestic labour law systems. It first analyses reforms that occur during the negotiation stage and later under enforcement mechanisms. Case studies include US trade agreements beginning with NAFTA in 1994; post-NAFTA trade pacts that followed; trans-Pacific agreements; and EU agreements with Canada, Vietnam, Korea, and others. Special attention is paid to the North American USMCA trade agreement, which brought far-reaching labour law reforms in Mexico and whose unique ‘rapid response’ enforcement mechanism fosters independent union organizing. In conclusion, this chapter cautions that the question of causality is nuanced, and that trade negotiations can promote labour reforms only with pressure from other actors as well. These include national and global trade unions, political parties, ILO, and civil society advocates. Most important, trade-labour negotiations and enforcement must accompany efforts by workers to exercise rights that labour chapters in trade agreements seek to protect.
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