The Legalisation of International Labour Standards in Trade Agreements : A Case Study of the Labour Provisions in the EU–Vietnam Free Trade Agreement

Abstract: International Labour Standards (ILS) has a prominent place in the current debate of globalisation. There has been an increased usage of ILS in different contexts, as references in domestic courts and international courts, as provisions in companies’ code of conducts and as provisions in trade agreements. The purpose of this thesis was to examine the usage of ILS as provisions in trade agreements and whether ILS provisions in trade agreements can lead to increased legal enforceability. The EU–Vietnam Free Trade Agreement was brought up to illustrate how ILS can be used as provisions in a trade agreement. The thesis was conducted by focusing on four different areas, firstly the legal enforcement of ILS within the ILO framework, the ILO Declaration and through International Public Law. Secondly, by examining the linkage between the ILS and trade and the EU’s trade strategy. Thirdly by studying the EU–Vietnam Free Trade Agreement by using three dimensions, obligation, precision and delegation. Lastly, by a discussion of the legal enforcement of ILS through trade agreements. In short, the conclusions of this thesis are that there are several limitations in order to foster compliance with ILS, within the ILO as well as through trade agreements. Especially the lack of a legal body within the ILO and the fact that labour provisions are not subject to the regular dispute mechanism in trade agreements nor subject to the dispute mechanism of World Trade Organisation has been pointed out as problematic. Due to the lack of empirical research on the post ratification effects, de facto and de juro, it is difficult at this initial stage of ‘the experiment of labour provisions in trade agreements’ to draw conclusions. However, the need to foster a universal floor of fundamental labour rights are equally as urgent as it was a hundred years ago when ILO was founded and when the debate on labour provisions and trade was initiated.