Abstract
While the inclusion of labour rights in European Union (EU) trade agreements has become an ‘unobjectionable norm’, analyses of their impact have been largely absent from the literature. This article aims to partly fill this gap in existing research by examining the impact of labour rights commitments in the EU–Peru–Colombia agreement, with particular reference to the agricultural sector in Peru. Following a brief background overview of labour rights in agriculture in Peru, we draw up the analytical framework for assessing the impact of these commitments. We discern three distinctive legal commitments and find that they are flexible and conservative, also compared to provisions in other EU trade agreements. Subsequently, we assess the impact of these commitments by analysing to what extent they are being upheld in practice. Empirical evidence from several sources, including field research, shows that the Peruvian government has failed to implement the labour rights commitments in several respects. In the conclusions, we point to the cautious role of the EU, which has scope to monitor Peru’s labour rights compliance more proactively.
Highlights
Recent European Union (EU) trade agreements contain a separate Title on ‘Trade and Sustainable Development’ where the Parties pledge to respect a number of social and environmental principles
While existing research has neglected the differences between the ‘new generation’ trade agreements, we show that the provisions on civil society monitoring in the EU–Peru– Colombia agreement are less far-reaching than in other agreements, and that this has potentially important implications in practice
On upholding core labour standards (CLS) and nonlowering domestic labour law, there is a significant degree of flexibility for governments, provided that (1) domestic labour protection is consistent with the International Labour Organization (ILO) CLS, and (2) a reduced de jure or de facto level of protection does not serve to foster trade or investment
Summary
Recent European Union (EU) trade agreements contain a separate Title on ‘Trade and Sustainable Development’ where the Parties pledge to respect a number of social and environmental principles. While existing research has neglected the differences between the ‘new generation’ trade agreements, we show that the provisions on civil society monitoring in the EU–Peru– Colombia agreement are less far-reaching than in other agreements, and that this has potentially important implications in practice We apply this analytical framework to assess the impact of these legal commitments. There is in this case much scope for external actors to achieve progress, and large-N studies (Postnikov & Bastiaens, 2014) suggest that free trade agreements that include labour provisions do improve labour rights Such studies should be complemented with detailed case studies of specific (sectors within) countries to gain more indepth empirical knowledge of how exactly the labour rights commitments within the trade agreement are being implemented on the ground. The conclusions point to the cautious role of the EU in engaging even with the ‘soft’ approach to promote labour rights through trade
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
