Labour Mobility and Labour Protection in Post - Brexit PTAs Lessons from Swiss-China FTA Maria Anna Corvaglia Birmingham - 24 February 2017 Post Brexit Britain in a World of Preferential Trade Agreements PTAs

STARTING POINT AND RESEARCH QUESTIONS “I want us to be a truly Global Britain …We want to get out into the wider world, to trade and do business all around the globe.” Theresa May – 17 January 2017 Speech CORE QUESTIONS How labour mobility (allowed under services liberalisation of GATS Mode 4) and the labour protection could/should be addressed in the future post-Brexit PTAs negotiations? STARTING POINT - WHITE PAPER February 2017 How is it possible to reconcile Point 9 of the White Paper “Securing new trade agreements with other countries” with Point 5 “Controlling Migration” and Point 7 “Protecting Workers’ Rights”?

PRELIMINARY STEP - UK FUTURE DIRECTIONS FOR POSSIBLE PTAS With the whole world to trade with, where should UK go first? Theresa May – 17 January 2017 Speech Countries including CHINA, Brazil, and the Gulf States have already expressed their interest in striking trade deals with us.” The British Chamber of Commerce - Written Submission UK Parliament Outside EU, North America and the largest economies in the Asian market (ASEAN block) become a priority, requiring for FTA negotiations; Focus on Labour Mobility  How can labour mobility and labour protection be addressed in the context of future UK PTAs with Asian countries?

CHINA TRADE STRATEGY AND ASIAN PTAS ACTIVISM Since 2000, Asian countries become the most active in negotiating and signing PTAs (70% increase in the last 15 years); China started to liberalise only recently (in 2003 with Hong Kong, Macao and ASEAN) First generation of China’s PTAs: shallow commitments and with small neighbouring countries; CHINA’S NEW GENERATION OF PTAS: deeper and wider agreements (Chile 2005, Peru 2009 Costa Rica 2011…) Going beyond neighbouring countries and involving small and big developed countries (New Zealand 2008, Iceland and Switzerland 2013, and Australia 2015) Gradually including GATS+ commitments particularly focused on movement of natural persons (Singapore 2008)

THE SWISS-CHINA FTA What are the lessons UK can learn from this Agreement? Extensive Service Liberalisation, not only focus on Goods and IPR protection; GATS only a starting point, but integrated with advanced and clarified commitments: Sector-specific provisions for FINANCIAL SERVICES (banking and insurance services); Clarification of the provisions related to THE MOVEMENT OF NATURAL PERSONS (Section II Annex VI FTA) Focus on the movement of high skilled workers from China to Switzerland;

THE SWISS-CHINA FTA Switzerland Specific Commitments in relation to: private sector training services (foreign languages), financial services (e.g. cross-border aircraft liability insurance, issues of securities in Swiss francs), air transport services (ground handling, airport management) additional activities by highly qualified providers of short-term; Agreement on Labour and Employment Cooperation reaffirms the commitments arising from their membership of the ILO and the ILO Core Conventions; resolves to improve working conditions and to protect and enhance the fundamental rights at work; commits to effectively implement their domestic labour legislations.