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3. The evidence and analysis are presented in detail in Elliott and Freeman (2003); Elliott (2004) applies the analysis to the U.S. PTA with Central America. 4. The declaration applies to all ILO members, whether or not they have ratified the associated conventions. Thus, all members are expected to promote those broad principles, but those that have not ratified a convention, with the exception of Conventions 87 and 98, dealing with freedom of association and the right to collective bargaining, cannot be challenged for failing to implement all of the detailed obligations contained in the conventions. Freedom of association is considered so fundamental that there is a special review and complaints mechanism for those conventions. The other conventions are Conventions 29 and 105, concerning prohibition of forced labor; Conventions 138 and 182, calling for the eradication of harmful child labor; and Conventions 100 and 111, covering nondiscrimination and equal remuneration in wages. 5. Hafner-Burton (2009) compellingly analyzes the political versus the moral and other motivations for including human rights provisions in trade agreements. 6. See, for example, the issues of Inside U.S. Trade for January 19, 2009, on Peru, and April 10, 2009, on Panama. Information on all these trade agreements, including, in many cases, fact sheets on the labor provisions and on how countries have responded to demands for labor law reform, can be found on the Office of the U.S. Trade Representative website, http://www.ustr.gov/trade-agreements/free-trade-agreements. See also Rogowsky and Chyn (2007). 7. In the case of a bilateral dispute between the United States and Mexico, bilateral tariff concessions can be withdrawn to the extent necessary to collect the value of the fine, but this provision is not regarded as authorizing trade sanctions. Elliott (2001) analyzes the fine mechanism and how it might work if implemented. 8. “Clinton, Obama Pledge to Withdraw from NAFTA unless Renegotiated,” Inside U.S. Trade, February 29, 2008. 9. Horn, Mavroidis, and Sapir (2010) examine 14 U.S. and 14 EU PTAs. Bourgeois, Dawar, and Evenett (2007), in a study for the European Commission, examine 27 PTAs involving Western Hemisphere, Asian, and European Free Trade Association (EFTA) countries. 10. The discussion that follows is based on an examination of agreement texts identified on national government websites; the WTO database on regional trade agreements, http://rtais.wto.org/UI/ PublicMaintainRTAHome.aspx; and the Organization of American States database, http://www.sice.oas.org/agreements_e.asp. 11. This discussion draws on the agreement texts and related information posted on the website of the Canadian Department of Foreign Affairs and International Trade, http://www.international.gc.ca/tradeagreements-accords-commerciaux/index.aspx?lang=eng. 12. See the links to the individual agreements at the Human Resources and Skills Development Canada website, “International Labour Affairs,” http://www.hrsdc.gc.ca/eng/labour/labour_globalization/ila/index .shtml (accessed June 22, 2010). 13. Human Resources and Skills Development Canada website, “Canada–Colombia Agreement on Labour Cooperation,” http://www .hrsdc.gc.ca/eng/labour/labour_agreements/ccalc/index.shtml. 14. Human Resources and Skills Development Canada website, “Overview: The International Trade and Labour Grants and Contribution Programme,” http://www.hrsdc.gc.ca/eng/lp/ila/Overview.shtml (accessed June 25, 2010). 15. The letter to Guatemala requesting consultations may be found at the USTR website, http://www.ustr.gov/trade-agreements/free-tradeagreements/cafta-dr-dominican-republic-central-america-fta/kirk-solis-le. 16. Office of Trade and Labor Affairs, Bureau of International Labor Affairs, U.S. Department of Labor, Public Report of Review under the Dominican Republic–Central America–United States Free Trade Agreement, Chapter 16: “Labor,” January 16, 2009. 17. U.S. Trade Representative Ron Kirk, “Remarks on Enforcement at Allegheny Technologies, Washington, Pennsylvania,” July 30, 2010, http://
www.ustr.gov/about-us/press-office/speeches/transcripts/2010/july/remarksambassador-ron-kirk-enforcement-alleghn. 18. See the website of the U.S. contact point, http://www.dol.gov/ ilab/programs/nao/naalc.htm. 19. An updated list of submissions and their status may be found at the NAALC website, http://www.naalc.org/userfiles/file/NAALC-PublicCommunications-and-Results-1994-2008.pdf. 20. Bolle (2001, 6); this report also provides a useful summary of the debate over labor standards in trade agreements as of the early 2000s.
References Aidt, Toke, and Zafiris Tzannatos. 2002. Unions and Collective Bargaining: Economic Effects in a Global Environment. Washington, DC: World Bank. Bolle, Mary Jane. 2001. “Jordan–U.S. Free Trade Agreement: Labor Issues.” Report RS20968, Congressional Research Service, Library of Congress, Washington, DC. Bourgeois, Jacques, Kamala Dawar, and Simon J. Evenett. 2007. “A Comparative Analysis of Selected Provisions in Free Trade Agreements.” Prepared for the Directorate General for Trade, European Union, Brussels. Buchanan, Ruth, and Rusby Chaparro. 2008. “International Institutions and Transnational Advocacy: The Case of the North American Agreement on Labor Cooperation.” UCLA Journal of International Law and Foreign Affairs 13(1): 129–60. CITEE (Centre for International Trade, Economics and Environment). 2004. “Trade-Labour Debate: The State of Affairs.” Research Report, CUTS (Consumer Unity & Trust Society) International, Jaipur. Destler, I. M. 2005. American Trade Politics. 4th ed. Washington, DC: Peterson Institute for International Economics. Elliott, Kimberly Ann. 2001. “Fin(d)ing Our Way on Trade and Labor Standards?” International Economics Policy Brief PB01-5, Peterson Institute for International Economics, Washington, DC. http://www .piie.com/publications/pb/pb.cfm?ResearchID=73. ———. 2004. “Labor Standards, Development, and CAFTA.” International Economics Policy Brief PB04-2, Peterson Institute for International Economics, Washington, DC. http://www.piie.com/publications/pb/ pb04-2.pdf. Also published as “Trading Up: Labor Standards, Development, and CAFTA,” CDG Brief 3 (2, May) (Washington, DC: Center for Global Development). ———. 2007. “Appendix A. Treatment of Labor Issues in US Bilateral Trade Agreements.” In “American Trade Politics 2007: Building Bipartisan Consensus,” ed. I. M. (Mac) Destler, Policy Brief PB07-5, Peterson Institute for International Economics, Washington, DC. Elliott, Kimberly Ann, and Richard B. Freeman. 2003. Can Labor Standards Improve under Globalization? Washington, DC: Peterson Institute for International Economics. EU (European Union), Directorate General for Trade. 2008. “CARIFORUM–EU Economic Partnership Agreement.” Information Paper, EU, Brussels. Freeman, Richard B., and James L. Medoff. 1984. What Do Unions Do? New York: Basic Books. Hafner-Burton, Emilie M. 2009. Forced to Be Good: Why Trade Agreements Boost Human Rights. Cornell, NY: Cornell University Press. Horn, Henrik, Petros C. Mavroidis, and Andre Sapir. 2010. “Beyond the WTO? An Anatomy of EU and US Preferential Trade Agreements.” World Economy 33 (11): 1565–88. Hornbeck, J. F. 2009. “Free Trade Agreements: U.S. Promotion and Oversight of Latin American Implementation.” Inter-American Development Bank Policy Brief, Inter-American Development Bank, Washington, DC. Hufbauer, Gary Clyde, and Jeffrey J. Schott, assisted by Paul L. E. Grieco and Yee Wong. 2005. NAFTA Revisited: Achievements and Challenges. Washington, DC: Peterson Institute for International Economics.