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The European Union and Japan’s Economic Partnership Agreement:labour provisions under the ‘Trade and Sustainable Development’ Chapter

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  • Aneta Tyc

    (PhD. at Faculty of Law and Administration of the University of Lodz, Poland)

Abstract

The conclusion of bilateral free trade agreements is currently a phenomenon in considerable expansion and with significant potential. Many of them include a specific chapter relating to labour, eg. the EU-South Korea FTA Chapter entitled ‘Trade and Sustainable Development’, the CPTPP Chapter entitled ‘Labour’ or the CETA Chapter entitled ‘Trade and Labour’. The objective of this study is to improve the understanding of labour provisions, which are included in the ‘Trade and Sustainable Development’ Chapter of the EU and Japan’s Economic Partnership Agreement. The author researches different legal traditions between Japan and EU and concentrates on the lack of ratification on the part of Japan of the ILO Convention concerning Discrimination in Respect of Employment and Occupation, and the ILO Convention concerning the Abolition of Forced Labour (notwithstanding references to the ILO core standards in the EPA). She focuses her attention on the the dispute resolution mechanism included in the EPA, which does not establish sanctions for breaching the obligations under the ‘Trade and Sustainable Development’ Chapter and may thus stymie the ratification process and the effective enforcement of labour standards. Moreover, this study contributes to the literature by offering insights on the Committee on Trade and Sustainable Development, and the involvement of civil society in the implementation of the ‘Trade and Sustainable Development’ Chapter. Findings suggest insufficient transparency with respect to the work of this Committee and the Joint Dialogue with civil society.

Suggested Citation

  • Aneta Tyc, 2020. "The European Union and Japan’s Economic Partnership Agreement:labour provisions under the ‘Trade and Sustainable Development’ Chapter," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(Special I), pages 20-31, October.
    • Handle: RePEc:asr:journl:v:10:y:2020:i:special:issue:p:20-31
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    References listed on IDEAS

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    1. Jess Diamond, 2018. "Employment Status Persistence in the Japanese Labour Market," The Japanese Economic Review, Springer, vol. 69(1), pages 69-100, March.
    2. Jess Diamond, 2018. "Employment Status Persistence in the Japanese Labour Market," The Japanese Economic Review, Japanese Economic Association, vol. 69(1), pages 69-100, March.
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    Cited by:

    1. Radu Ioan Petrariu & Marian Nastase & Gabriel Croitoru & Nicoleta Valentina Florea & Nicoleta Cristache & Mihaela Cristina Onica Ibinceanu, 2023. "Analysis of Responsible Energy Consumer s Behaviour in the Context of REPowerEU Plan," The AMFITEATRU ECONOMIC journal, Academy of Economic Studies - Bucharest, Romania, vol. 25(64), pages 743-743, August.

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      Keywords

      the EU and Japan’s Economic Partnership Agreement; ‘Trade and Sustainable Development’ Chapter; labour provisions.;
      All these keywords.

      JEL classification:

      • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
      • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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