A Supply Chain Approach to Trade and Labor Provisions

Abstract

As labor provisions in trade agreements have become increasingly ubiquitous, there remain questions about whether or not these provisions have been effective in improving working conditions in trading partner countries. Through an analysis of sample labor provisions in United States and European Union free trade agreements, this paper shows that both approaches, albeit using different methods, aim primarily to improve <em>de jure</em> labor law and <em>de facto</em> enforcement of that law by government regulatory institutions. This paper argues that instead, labor provisions ought to be grounded in a supply chain approach. A supply chain approach shifts the focus from impacting <em>de jure</em> and <em>de facto</em> labor law as administered by the state though sanctions or dialogue, and towards context specific, experimental, and coordinated private and public regulatory interventions that operate in key export industries that are implicated in trading partners’ supply chains. It does so in part by recognizing the potential regulatory power of consumer citizenship.