The Social Clauses in EU Trade Agreements: contents and prospects

According to the Lisbon Treaty, the common commercial policy is one of the exclusive policy competences of the European Union with reference to the member states. In recent years, several international agreements have been negotiated. Among them, there are the EU-Canada Comprehensive Economic and Trade Agreement (CETA) and the Transatlantic Trade and investment Partnership (TTIP) with the United States. The EU is also discussing an agreement with the Latin American Mercosur states. A common feature of these treaties is the presence of a ‘labour chapter’ dealing with the recognition and enforcement of work-related rights. In the literature, studies suggesting that such provisions can encourage improvements are confronted by contributions arguing that trade openness can lead to a downgrading of working and welfare standards, with a lack of political will to rights enforcement. In addition, social clauses may vary depending on their subject. The article examines the three agreements under the viewpoint of labour and industrial relations conditions. Since these international treaties are supposed to play a regulatory function, their potential influence should be considered in times of intense globalisation.