The debate on the introduction of the so-called `social clause' has been ongoing for a number of decades, and has particularly become lively since the 1999 WTO Ministerial Conference in Seattle. Advocates of the social clause are of the opinion that compliance with labour rights should be one of the issues dealt with by the GATT/WTO. They consider the GATT/ WTO, and especially Article XX of the GATT, as being particularly well-placed, because of the capacity to impose trade sanctions on non-compliant member states. In view of the far- reaching consequences of trade sanctions, it is not surprising that the debate has given rise to a vociferous debate among legal experts.
This book takes as its starting point the observation that a social clause should be concerned with achieving international labour rights. Hence, a thorough analysis of the conception of international labour rights is undertaken, involving not only law but also other disciplines such as history, morality and economics. By `reconstructing' an adequate conception of labour rights, an attempt is made to guide the current debate and to assess whether the social clause can be an adequate mechanism for implementing international labour law. The analysis shows that the discussion on the social clause is emblematic of the way the WTO and the international trade system should deal with human rights in general. Hence, a study of the topic also requires an approach grounded in international law in the broadest sense, covering general international law, international human rights law, international trade law, international labour law and legal theory.
The book aims in the first place to be an eye-opener for jurists dealing with this issue. However, because of its interdisciplinary approach, it may also appeal to policy-makers and other readers interested in an in-depth study of the subject.
Contents in Brief
PART I: CONSTRUCTING AN INTEGRATED CONCEPTION OF INTERNATIONAL LABOUR LAW
Chapter 1: The multi disciplinarity of labour rights
Chapter 2: Towards an integrated conception of international labour law (labour rights as an interdisciplinary concept)
Chapter 3: Implications of an integrated conception of international labour law
PART II: LINKING INTERNATIONAL LABOUR LAW AND TRADE MECHANISMS INTRODUCING AND FOCUSING THE DEBATE ON THE GATT/WTO SOCIAL CLAUSE
Chapter 4: Why a social clause? The current debate on trade mechanisms implementing international labour law: the focus on efficiency
Chapter 5: Which social clauses? Situating the GATT/WTO social clause in respect to other social clauses
Chapter 6: Which social clauses? A blueprint of different GATT/WTO social clauses
Chapter 7: How should the social clause be analysed? Establishing a framework for the analysis of unilateral trade measures and Article XX of the GATT
PART III: DOMESTIC TRADE MECHANISMS AS MEANS TO IMPLEMENT INTERNATIONAL LABOUR LAW A GOOD STRATEGY?
Chapter 8 15: Specific domestic trade measures implementing labour rights, adopted or proposed in the U.S., the E.C., Massachusetts and Belgium
PART IV: DOMESTIC TRADE MECHANISMS IMPLEMENTING INTERNATIONAL LABOUR LAW ANALYSED FROM THE PERSPECTIVE OF INTERNATIONAL LAW THE GATT/WTO SOCIAL CLAUSE UNDER ARTICLE XX OF THE GATT
Chapter 16: Entering the debate on domestic trade measures and international law as invoked by developing countries: jurisdiction
Chapter 17: Domestic trade measures and general international law
Chapter 18: Unilateral trade measures and treaty law interpreting the GATT/WTO social clause
Chapter 19: International labour law as an applicable source of international
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