TOWARDS A MORE ASSERTIVE

ENFORCEMENT
OF LABOUR COMMITMENTS
IN THE EU FTAs?

HO CHI MINH CITY INTENATIONAL CONFERENCE

19-20 OCTOBER 2023
Organized by Ho Chi Minh City University of Law
& University of Tours

Assoc. Prof. Dr. Usanee Aimsiranun

Faculty of Law, Chiang Mai University
 Trade and Sustainable Development
(TSD) chapter
in EU trade agreement

• New feature of EU’s new generation FTA

• Link between trade and protection of labour
standards
• Substantive commitments
1) effectively implement the ILO conventions
2) respect the core ILO principles (1998 Declaration on
Fundamental Principles and Rights at Work)
3) make constant effort to ratify the unratified fundamental
ILO Conventions
4) cooperate on various issues.
 Collaborative approach
for implementation and enforcement
of the TSD chapters’ commitments.

• Government-to-Government dialogue and

cooperation
• Committee on Trade and Sustainable Development
• Domestic Advisory Groups (DAGs) in the EU and in
the partner country/countries
• Government consultations
• Panel of experts
 Resolution of Labour Disputes

• Exclusion from the general dispute settlement

mechanism of the FTA
• Impossibility for trade sanctions
• Since 2020 “Single Entry Point” a centralised contact
point for all EU based stakeholders to lodge a
complaint on violation of TSD chapter.
 EU-Republic of Korea case
• EU request for consultations 2019: insufficient action
to implement the ILO fundamental principles of
freedom of association and the right to collective
bargaining
• Panel of experts’ report January 2021:
• inconsistencies between the Trade Union and Labour
Relations Adjustment Act (TULRAA) and Korea’s
obligation to respect, promote and realize principles of
freedom of association
• tangible efforts towards ratifying the fundamental ILO
Conventions (obligation of “effort”, not of “result” and
absence of a specific timeframe for ratification)
 EU-Republic of Korea case

• April 2021 : Korea’s ratification of 3 Conventions : No.29

on Forced Labour, No.87 and No.98 on Freedom of
Association and Right to Collective Bargaining
• Amendment of the Korea’s TULRAA
• Remaining Convention- No. 105 Abolition of Forced
Labour
 EU’s new approach for implementation
and enforcement of TSD chapter

• June 2022: Communication on “The power of trade

partnerships: together for green and just economic
growth”
• Policy priorities
• tailored engagement and country-based
implementation priorities
• promote and support collective monitoring of
sustainable commitments
• strengthen the role of the EU DAG
• simplify and facilitate the submission of
complaints by civil society
 EU’s new approach for implementation
and enforcement of TSD chapter

• Policy priorities (continued)

• strengthen the enforcement of TSD
commitments
• extend the standard state-to-state dispute
settlement compliance phase to the TSD
chapter
• trade sanctions for material breaches of core
ILO fundamental labour principles (as a last
resort)
 Implication for agreements in force

• Implementation of TSD commitments and

reinforcement of the role of civil society can be
immediately deployed
• Existing institution and distinct mechanisms for
dispute resolution
• Implication of the EU-Korea case
 Implication for agreements under
negotiation

• Australia, Eastern and Southern Africa (ESA 5), India,

Indonesia, and Thailand
• Tailored objectives and time-bound roadmaps for
implementation – clearer obligation, technical
assistance and support
• More place for civil society
• Harsher approach to enforcement – pressure on
negotiation and conclusion of the agreement?
Thank you very much
for your attention
« KHOB KUUN KA »