Labour clauses in «new generation» free-trade agreements: Labour contents of TPP, CETA and TTIP

Abstract

The negotiation of the Transatlantic Trade and Investment Partnership (TTIP) between the United States and the European Union is revitalizing the debate on the contents, scope and impact of the so called «new generation Free-trade agreements»: EU-Corea, TTIP and CETA (Comprehensive Economic and Trade Agreement). The enormous significance of the actors involved, the economic and trade size of the free trade zones that would be created, the new contents in regulatory matters, and, specifically, the social consequences of their «labor clauses» begins to occupy an important place among the legal debate. The analysis of these clauses, placed within the chapters on «sustainable development» (labor and trade) of TTIP and chapter 23 of the CETA is the aim of this article. None of these treaties has been signed yet, so it is particularly useful to address their study by comparing their provisions with the same chapters of other treaties already signed as the TPP (Trans-Pacific Partnership) or the EU-Korea Agreement. As a preliminary point, the articles starts with a brief comparative analyze of the models, contents and enforceability of existing social clauses. As conclusions, the existing debate about the utility, opportunity and compatibility of these clauses with ILO labour system will be briefly revisited.