This seminar will explore the legal implications and treaty obligations arising from the incorporation of international labor standards in Free Trade Agreements (FTAs) and International Investment Agreements (IIAs), with a focus on the International Labour Organization (ILO) and its 1998 Declaration on Fundamental Principles and Rights at Work, which was expanded in 2022 to include a new principle on a safe and healthy working environment.

The addition of this principle, along with two related conventions, introduces complexities in interpreting and enforcing labor provisions within FTAs and IIAs. There is significant uncertainty regarding whether existing agreements that incorporate the 1998 Declaration’s principles implicitly include these recent expansions. This is particularly important, considering that most existing agreements were negotiated before these additions.

In the Resolution that introduced the new principles and conventions, a ‘saving clause’ was included that nothing in the Resolution should affect existing rights and obligations under trade and investment agreements in any unintended manner. While some scholars view this clause as legally unnecessary due to the Resolution’s soft law nature, others challenge its legal soundness, suggesting that fundamental labor rights might have implications under customary international law (CIL).

This analysis aims to critically evaluate these perspectives and shed light on how these recent developments might influence the enforcement of international labor rights within the framework of economic agreements.

About the Speaker: Prof. Yueming Yan, Assistant Professor, CUHK LAW