A Little Less Conversation: The EU and the (Non) Application of Labour Conditionality in the Generalized System of Preferences (GSP)

Abstract

This article argues that despite recent reforms to the labour conditionality of the EU GSP programme, many countries in which the government either commits serious violations of fundamental labour rights or fails to protect against such violations by private actors (by adopting appropriate laws and enforcing them when breached) continue to benefit. This includes the special incentive arrangement (GSP ), which is meant for countries with exemplary records with respect to international human rights standards, including labour rights. This is in part due to the European Commission’s clear preference that enforcement actions under the GSP programme should be avoided, even long after dialogue and cooperative mechanisms have failed to produce concrete results. Further, the European Commission’s peculiar interpretation of the GSP Regulation, which is based on what I argue is a misunderstanding of the International Labour Organization (ILO) supervisory system, is also responsible for past and likely future inaction.