Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t8hqh Total loading time: 0 Render date: 2024-11-23T23:17:03.139Z Has data issue: false hasContentIssue false

12 - Social issues: Labour, environment and human rights

Published online by Cambridge University Press:  16 December 2009

Simon Lester
Affiliation:
WorldTradeLaw.net, LLC
Bryan Mercurio
Affiliation:
The Chinese University of Hong Kong
Get access

Summary

Introduction

A. Trade and social issues

International trade agreements have various effects on the ability of countries to protect their social values, including labour and environmental standards and human rights. At the most general level, trade increases welfare, which can be spent on social protection; indeed, the preamble of the WTO Agreement claims as one of its primary objectives the ‘raising [of] standards of living’. As the World Commission on the Social Dimension of Globalisation said in its 2004 report, ‘wisely managed, [the global market economy] can deliver unprecedented material progress, generate more productive and better jobs for all, and contribute significantly to reducing world poverty’.

But the ‘mutual supportiveness’ of trade and social protection is ambiguous at best. At the overall level, structural economic changes as a result of increased trade can enhance employment opportunities for minority groups, but can also do the opposite, and can in addition (and indeed should) also lead to short-term unemployment in inefficient sectors. Increased economic competition, a primary function of trade, should make goods and services more affordable to consumers, but if this undermines public subsidies, it can do precisely the opposite, with detrimental social consequences. With respect to the environment, the economic efficiencies resulting from trade should lead to an efficient use of natural resources, but any increase in economic activity, also a result of trade, can put pressure on the environment.

Type
Chapter
Information
Bilateral and Regional Trade Agreements
Commentary and Analysis
, pp. 342 - 366
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

,World Commission on the Social Dimension of Globalization, A Fair Globalization – Creating Opportunities for All (Geneva: ILO, 2004)Google Scholar
Young, Alasdair R. and Peterson, John, ‘The EU and the New Trade Politics’ (2006) 13(6) Journal of European Public Policy795–814CrossRefGoogle Scholar
Bièvre, Dirk, ‘The EU Regulatory Trade Agenda and the Quest for WTO Enforcement’ (2006) 13 Journal of European Public Policy851–66.CrossRefGoogle Scholar
Charnovitz, Steve, ‘The Labor Dimension of the Emerging Free Trade Area of the Americas’, in Alston, Philip (ed.), Labour Rights as Human Rights (Oxford: Oxford University Press, 2005), at p. 164Google Scholar
Maskus, Keith, ‘Trade and Competitiveness Aspects of Environmental and Labor Standards in East Asia’, in Krumm, Kathie and Kharas, Homi (eds.), East Asia Integrates: A Trade and Policy Agenda for Shared Growth (Washington, DC: World Bank and Oxford University Press, 2004), at pp. 115–34.Google Scholar
Charnovitz, Steve, ‘The International Labour Organization in its Second Century’ (2000) 4 Max Planck Yearbook of United Nations Law147–84, at 167, discussing the ILO.Google Scholar
Kerremans, Bart, ‘What Went Wrong in Cancun? A Principal-Agent View on the EU's Rationale Towards the Doha Development Round’ (2004) 9(3) European Foreign Affairs Review363–93, at 378.Google Scholar
Kolben, Kevin, ‘The New Politics of Linkage: India's Opposition to the Workers’ Rights Clause’ (2006) 13 Indiana Journal of Global Legal Studies225–59, at 241.CrossRefGoogle Scholar
,WTO/ILO, Trade and Employment: Challenges for Policy Research (Geneva: WTO/ILO, 2007)Google Scholar
Petersmann, Ernst-Ulrich, ‘The WTO and Regional Trade Agreements as Competing Fora for Constitutional Reforms: Trade and Human Rights’, in Bartels, Lorand and Ortino, Federico (eds.), Regional Trade Agreements and the WTO Legal System (Oxford: Oxford University Press, 2006), Chapter 12.Google Scholar
Pauwelyn, Joost, Conflict of Norms in Public International Law: WTO Law Relates to Other Rules of International Law (Cambridge: Cambridge University Press, 2003)CrossRefGoogle Scholar
Neumann, Jan and Türk, Elisabeth, ‘Necessity Revisited: Proportionality in World Trade Organization Law After Korea–Beef, EC–Asbestos and EC–Sardines’ (2003) 37(1) Journal of World Trade199–233.Google Scholar
Gaines, Sanford, ‘The WTO's Reading of the GATT Article XX Chapeau: A Disguised Restriction on Environmental Measures’ (2001) 22(4) University of Pennsylvania Journal of International Economic Law739–862, at 778.Google Scholar
Dragneva, Rilka and Kort, Joop, ‘The Legal Regime for Free Trade in the Commonwealth of Independent States’ (2007) 56(2) The International and Comparative Law Quarterly233–66.CrossRefGoogle Scholar
Grynberg, Roman and Qalo, Veniana, ‘Labour Standards in US and EU Preferential Trading Arrangements’ (2006) 40(4) Journal of World Trade619–53Google Scholar
Alston, Philip, ‘“Core Labour Standards” and the Transformation of the International Labour Rights Regime’ (2004) 15 (3) European Journal of International Law457–521.CrossRefGoogle Scholar
Langille, Brian, ‘Core Labour Rights – The True Story (Reply to Alston)’ (2005) 16(3) European Journal of International Law409–37CrossRefGoogle Scholar
Maupain, Francis, ‘Revitalization not Retreat: The Real Potential of the 1998 ILO Declaration for the Universal Protection of Workers’ Rights’ (2005) 16(3) European Journal of International Law439–65CrossRefGoogle Scholar
Alston, Philip, ‘Facing Up to the Complexities of the ILO's Core Labour Standards Agenda’ (2005) 16(3) European Journal of International Law467–80.CrossRefGoogle Scholar
Bartels, Lorand, Human Rights Conditionality in the EU's International Agreements (Oxford: Oxford University Press, 2005).CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×