Enforcing Labour Rights by Means of Global Trade. Labour Provisions in Free Trade Agreements and Generalized Systems of Preferences: A Case Study on Trade Arrangements of Ukraine
(2020) JAMM07 20191Department of Law
Faculty of Law
- Abstract
- The process of globalisation, accompanied by sustainable development considerations, has turned the spotlight on ties between states’ trade interests and their commitment to upholding labour rights. With negotiations on connecting the existent multilateral trading framework to the labour rights perspective at an impasse, major world economies have introduced alternative ways of linking labour concerns to economic benefits in international fora. In particular, labour-related clauses have been introduced in unilateral preferential trade arrangements (Generalised Systems of Preferences) and in regional and bilateral trade agreements (usually known as Free Trade Agreements).
This thesis conducts a case study on labour provisions... (More) - The process of globalisation, accompanied by sustainable development considerations, has turned the spotlight on ties between states’ trade interests and their commitment to upholding labour rights. With negotiations on connecting the existent multilateral trading framework to the labour rights perspective at an impasse, major world economies have introduced alternative ways of linking labour concerns to economic benefits in international fora. In particular, labour-related clauses have been introduced in unilateral preferential trade arrangements (Generalised Systems of Preferences) and in regional and bilateral trade agreements (usually known as Free Trade Agreements).
This thesis conducts a case study on labour provisions incorporated in the trade arrangements of Ukraine. Namely, it analyses the normative scope, institutional arrangements, and enforcement mechanisms of labour clauses embodied in the European Union-Ukraine Association Agreement, the Canada-Ukraine Free Trade Agreement, and the United States Generalized System of Preferences. Building on the following examination of the impact of such clauses on the labour rights situation in the country, the thesis affirms positive developments in the labour-related normative and institutional realm. At the same time, the thesis highlights that a large proportion of the labour commitments undertaken by Ukraine under the corresponding arrangements remain to be fulfilled. In light of this, the thesis provides for a list of specific recommendations to the government of Ukraine aimed at strengthening the county’s labour rights compliance by developing the capacity of its authorities and non-state actors to effectively enforce labour provisions incorporated in the mentioned trade arrangements. If adhered to and fully implemented, these recommendations will enable Ukraine to deliver actual improvements to working conditions and workers’ rights on the ground.
The examination of the trade-labour linkage in the Ukrainian context is also preceded by a historical review of the respective interrelation within the global economic order. Moreover, this thesis assesses the existent approaches to incorporating and enforcing labour provisions in major unilateral preferential trade arrangements and free trade agreements as a background to further consideration of the case of Ukraine. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9030694
- author
- Tsurkan, Olha LU
- supervisor
- organization
- course
- JAMM07 20191
- year
- 2020
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- Labour rights, labour provisions, trade preferences, trade-labour linkage, trade arrangements, generalised system of preferences, free trade agreements
- language
- English
- id
- 9030694
- date added to LUP
- 2021-10-18 14:37:07
- date last changed
- 2021-10-18 14:37:07
@misc{9030694,
abstract = {{The process of globalisation, accompanied by sustainable development considerations, has turned the spotlight on ties between states’ trade interests and their commitment to upholding labour rights. With negotiations on connecting the existent multilateral trading framework to the labour rights perspective at an impasse, major world economies have introduced alternative ways of linking labour concerns to economic benefits in international fora. In particular, labour-related clauses have been introduced in unilateral preferential trade arrangements (Generalised Systems of Preferences) and in regional and bilateral trade agreements (usually known as Free Trade Agreements).
This thesis conducts a case study on labour provisions incorporated in the trade arrangements of Ukraine. Namely, it analyses the normative scope, institutional arrangements, and enforcement mechanisms of labour clauses embodied in the European Union-Ukraine Association Agreement, the Canada-Ukraine Free Trade Agreement, and the United States Generalized System of Preferences. Building on the following examination of the impact of such clauses on the labour rights situation in the country, the thesis affirms positive developments in the labour-related normative and institutional realm. At the same time, the thesis highlights that a large proportion of the labour commitments undertaken by Ukraine under the corresponding arrangements remain to be fulfilled. In light of this, the thesis provides for a list of specific recommendations to the government of Ukraine aimed at strengthening the county’s labour rights compliance by developing the capacity of its authorities and non-state actors to effectively enforce labour provisions incorporated in the mentioned trade arrangements. If adhered to and fully implemented, these recommendations will enable Ukraine to deliver actual improvements to working conditions and workers’ rights on the ground.
The examination of the trade-labour linkage in the Ukrainian context is also preceded by a historical review of the respective interrelation within the global economic order. Moreover, this thesis assesses the existent approaches to incorporating and enforcing labour provisions in major unilateral preferential trade arrangements and free trade agreements as a background to further consideration of the case of Ukraine.}},
author = {{Tsurkan, Olha}},
language = {{eng}},
note = {{Student Paper}},
title = {{Enforcing Labour Rights by Means of Global Trade. Labour Provisions in Free Trade Agreements and Generalized Systems of Preferences: A Case Study on Trade Arrangements of Ukraine}},
year = {{2020}},
}