1. MEGA-REGIONALS AND LABOUR PROTECTION
INNOVATIVE RULE-MAKING OR STICKING TO THE BOILERPLATE?
B. Melo Araujo – Queen’s University Belfast

2. Mega-Regionals TTIP, TPP, RCEP …
Large-scale agreements in terms of markets covered
Focused on ‘21st century trade issues’
Aim to define new rules of the road (and contest the centrality of the WTO as a rule-making venue

3. Labour Protection in FTAs
Part of long running attempts to promote rules and disciplines that were rejected at the WTO level (mostly be developing country members)
Mega-regionals such as TTIP and TPP identified as potential “game changers” in trade-labour linkage.
Is this claim verified in practice?

4. Past EU and US FTA Practice
Specifically designated chapters focused on labour protection (US: Labour Chapters; EU: Sustainable Development Chapters)
Promotion of international labour norms (ILO core labour standards) – some deviations
Rules relating to level of domestic labour protection (e.g., non-waiver, non-derogation and non-lowering clauses)
Enforcement (clear distinguishing feature between EU and US approach)

5. TPP and TTIP
Mostly sticking to template – no significant attempt to radically transform EU and US approach to labour protection provisions in FTAs
Mega-regionals intended to consolidate and disseminating already existing templates for labour protection provisions in EU and US FTAs.

6. Concluding remarks What happen next?
EU: Labour protection provisions viewed as “shared competence” by AG Sharpston (opinion 2/15). If conformed by Court of Justice, will EU persist with such provisions?
US: Will current administration adopt a more aggressively protectionist stance with respect labour related obligations in US FTAs?
Brexit: Opportunity for UK to assess and adopt best FTA practices when crafting its own FTAs