The strategic use of the labour rights discourse – revisting the “social clause” debate in trade agreements

Abstract

This reflection article takes a fresh look at the neglected policy device of the so-called “social clause” in trade accords thatseeks to tame the capitalist forces dominating contemporary globalization. In many countries deregulatory policies, and theincapacity, or in some cases unwillingness, of governments to enforce regulation to protect workers and their representatives,have undermined labour rights. Instead, recent decades have witnessed a proliferation of free trade agreements (FTAs)that tend to favour the interests of global corporations over the concerns of workers. This paper reinvigorates the debate onthe “social clause” in trade agreements by tracking its historical development and analysing recent, albeit feeble, attemptsthat may contribute to levelling the playing field between capital and labour.