Abstract
Labour chapters are, and are likely to remain, a recurring feature of free trade agreements (FTAs). An increasing number of labour chapters, including those in virtually all US, Canadian and EU FTAs, include dispute settlement mechanisms (DSMs) as tools for protecting and promoting labour standards. These DSMs were designed to enhance the protection of labour standards in the context of market liberalization and economic cooperation. Their performance in practice, however, has been rather disappointing. As a response to the shortcomings identified in the design and practice of FTA labour DSMs, this chapter proposes an internationalized individual labour complaint procedure to be included in future FTAs. Its overall aim is to avoid an obstructive over-politicization, to endow actors with a genuine interest in the implementation of FTA labour chapters with the procedural means to do so, and thus to enhance the effective implementation of these chapters while taking due regard of the peculiarities of labour disputes.
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