IDEAS home Printed from https://ideas.repec.org/a/bla/intlab/v159y2020i4p569-589.html
   My bibliography  Save this article

The trade–labour relationship in the light of the WTO Appellate Body's embrace of pluralism

Author

Listed:
  • Joanna LANGILLE

Abstract

Labour lawyers have raised concerns that the law of the World Trade Organization (WTO) has the potential to limit member States' ability to respond to violations of (international) labour rights/standards, both at home and abroad. But its Appellate Body has interpreted WTO law to “permit pluralism”, preserving Members' right to regulate. This jurisprudence has carved out “policy space” for Members, broadened the scope of doctrinal exceptions and blunted the force of disciplines that seek deep integration through regulatory coordination/coherence. These moves mean that numerous labour‐protecting measures are likely to be legal under WTO law, diminishing the potential conflict between multilateral trade law and labour law.

Suggested Citation

  • Joanna LANGILLE, 2020. "The trade–labour relationship in the light of the WTO Appellate Body's embrace of pluralism," International Labour Review, International Labour Organization, vol. 159(4), pages 569-589, December.
    • Handle: RePEc:bla:intlab:v:159:y:2020:i:4:p:569-589
    DOI: 10.1111/ilr.12184
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/ilr.12184
    Download Restriction: no
    File URL: https://libkey.io/10.1111/ilr.12184?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Lorand Bartels, 2003. "The WTO Enabling Clause and Positive Conditionality in the European Community's GSP Program," Journal of International Economic Law, Oxford University Press, vol. 6(2), pages 507-532, June.
    2. Dani Rodrik, 1998. "Has Globalization Gone Too Far?," Challenge, Taylor & Francis Journals, vol. 41(2), pages 81-94, March.
    3. Rodrik, Dani, 2012. "The Globalization Paradox: Why Global Markets, States, and Democracy Can't Coexist," OUP Catalogue, Oxford University Press, number 9780199652525.
    4. Ostry, Sylvia, 1997. "The Post-Cold War Trading System," University of Chicago Press Economics Books, University of Chicago Press, edition 1, number 9780226637907, September.
    5. Lang, Andrew, 2011. "World Trade Law after Neoliberalism: Reimagining the Global Economic Order," OUP Catalogue, Oxford University Press, number 9780199592647.
    6. Petersmann, Ernst-Ulrich, 2000. "The WTO Constitution and Human Rights," Journal of International Economic Law, Oxford University Press, vol. 3(1), pages 19-25, March.
    7. Sarah H. Cleveland, 2002. "Human Rights Sanctions and International Trade: A Theory of Compatibility," Journal of International Economic Law, Oxford University Press, vol. 5(1), pages 133-189, March.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Adelle BLACKETT, 2020. "On social regionalism in transnational labour law," International Labour Review, International Labour Organization, vol. 159(4), pages 591-613, December.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Carolyn Chisadza & Matthew Clance, 2021. "Conflict heterogeneity in Africa," South African Journal of Economics, Economic Society of South Africa, vol. 89(4), pages 459-479, December.
    2. Süveyda Karakaya, 2018. "Globalization and contentious politics: A comparative analysis of nonviolent and violent campaigns," Conflict Management and Peace Science, Peace Science Society (International), vol. 35(4), pages 315-335, July.
    3. Sambuddha Ghatak, 2016. "Challenging the State: Effect of Minority Discrimination, Economic Globalization, and Political Openness on Domestic Terrorism," International Interactions, Taylor & Francis Journals, vol. 42(1), pages 56-80, January.
    4. Ranveig Drolsum Flaten & Indra de Soysa, 2012. "Globalization and Political Violence, 1970--2008," International Interactions, Taylor & Francis Journals, vol. 38(5), pages 622-646, November.
    5. Gregory Shaffer, 2015. "How the World Trade Organization shapes regulatory governance," Regulation & Governance, John Wiley & Sons, vol. 9(1), pages 1-15, March.
    6. Dani Rodrik, 2018. "Populism and the economics of globalization," Journal of International Business Policy, Palgrave Macmillan, vol. 1(1), pages 12-33, June.
    7. Pica Giovanni, 2010. "Capital Markets Integration and Labor Market Institutions," The B.E. Journal of Macroeconomics, De Gruyter, vol. 10(1), pages 1-57, March.
    8. Kyoji Fukao & Cristiano Perugini, 2021. "The Long‐Run Dynamics of the Labor Share in Japan," Review of Income and Wealth, International Association for Research in Income and Wealth, vol. 67(2), pages 445-480, June.
    9. Deborah L. Swenson, 2007. "Competition and the location of overseas assembly," Canadian Journal of Economics, Canadian Economics Association, vol. 40(1), pages 155-175, February.
    10. Sato, Hitoshi & Zhu, Lianming, 2014. "Tariff reductions and labor demand elasticities : evidence from Chinese firm-level data," IDE Discussion Papers 463, Institute of Developing Economies, Japan External Trade Organization(JETRO).
    11. Pietrobelli, Carlo & Zamagni, Stefano, 2000. "The emerging economies in the global financial market: some concluding remarks," Libros de la CEPAL, Naciones Unidas Comisión Económica para América Latina y el Caribe (CEPAL), number 2243.
    12. Andersen, Torben M., 2005. "Product market integration, wage dispersion and unemployment," Labour Economics, Elsevier, vol. 12(3), pages 379-406, June.
    13. Komlos, John & Schubert, Hermann, 2019. "Les origines du triomphe de Donald Trump," Revue de la Régulation - Capitalisme, institutions, pouvoirs, Association Recherche et Régulation, vol. 26.
    14. Ocampo Jose Antonio, 2010. "Rethinking Global Economic and Social Governance," Journal of Globalization and Development, De Gruyter, vol. 1(1), pages 1-29, January.
    15. James E. Rauch & Vitor Trindade, 2000. "Information and Globalization: Wage Co-Movements, Labor Demand Elasticity, and Conventional Trade Liberalization," NBER Working Papers 7671, National Bureau of Economic Research, Inc.
    16. Puja Vasudeva Dutta, 2007. "Trade Protection and Industry Wages in India," ILR Review, Cornell University, ILR School, vol. 60(2), pages 268-286, January.
    17. Sudip Ranjan Basu, 2005. "Correlating Growth with Well-Being during Economic Reforms Evidence from India and China," Development and Comp Systems 0509010, University Library of Munich, Germany.
    18. Holger Görg & Michael Henry & Eric Strobl & Frank Walsh, 2009. "Multinational companies, backward linkages, and labour demand elasticities," Canadian Journal of Economics, Canadian Economics Association, vol. 42(1), pages 332-348, February.
    19. Nathalie Chusseau & Joël Hellier, 2012. "Globalisation and Inequality: Where do we stand?," Journal of Income Distribution, Ad libros publications inc., vol. 21(3-4), pages 7-34, November.
    20. Michael D. Intriligator, 2009. "Globalisation of the World Economy: Potential Benefits and Costs and a Net Assessment," Chapters, in: Linda Yueh (ed.), The Law and Economics of Globalisation, chapter 11, Edward Elgar Publishing.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:intlab:v:159:y:2020:i:4:p:569-589. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://edirc.repec.org/data/ilounch.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.