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Important and nuanced Panel Report on Korean labour law based on #TradeandLabour Chapter in EU South Korea #FTA
https://trade.ec.europa.eu/doclib/docs/2021/january/tradoc_159358.pdf.
Five points to take away (after first reading)
@BrownColinM @Trade_EU @EUraTol @ClaudiaMHof
https://trade.ec.europa.eu/doclib/docs/2021/january/tradoc_159358.pdf.
Five points to take away (after first reading)
@BrownColinM @Trade_EU @EUraTol @ClaudiaMHof
(1) Absent specific reference to "trade effects" as in CAFTA-DR, violations of labour standards need not to be connected to trade, but are stand-alone violations (EUFTA better than USFTA?), paras 61-99
(2) Interpretation of specific #ILO Conventions relies on practice of @ilo Committee on Freedom of Association underlying importance of expert bodies in interpreting treaties (as pointed our by #ILC in report on subsequent practice), paras 105-141
(3) Panel reviews domestic (labour) law based on international (labour) law in same way as WTO panels review domestic law on international trade law (suggesting equal relevance?) and finds specific violations due to restrictions on trade union work, paras 142-220
(4) Panel shows deference to judgement of Korean Supreme Court as "highest judicial" entity (para 254) and - based on that - finds that EU failed to show violation of labour standards through registration requirement
(5) "Continued and sustained efforts" to ratify ILO Conventions is obligation of effort, not result. While Korean efforts were "less than optimal" (para 291), panel finds no violation. Hence, no obligation to ratify ILO convention.
