Overview of Labor Enforcement Issues in Free Trade Agreements

[Excerpt] Since 1993, the Administration has negotiated and Congress has approved 10 Free Trade Agreements (FTAs) that contain labor provisions with different degrees of enforceability. Three more (with Colombia, Peru, and South Korea) await congressional consideration. This report identifies two types of enforcement issues: (1) those that relate to the FTA provisions themselves, including their definitions and their enforceability, and (2) those that relate to executive branch responsibilities, such as resource availability and determining dispute settlement case priorities. This report will be updated as events warrant

Trade Promotion Authority (TPA) Renewal: Core Labor Standards Issues: A Brief Overview

[Excerpt] This report is a brief overview of key issues addressed in CRS Report RL33864, Trade Promotion Authority (TPA) Renewal: Core Labor Standards Issues. Trade promotion authority (TPA), formerly known as “fast-track” authority, is scheduled to expire July 1, 2007. With it will expire the President’s authority to negotiate trade agreements that Congress will then consider without amendment and with limited debate. For the 110th Congress, a likely issue in this debate is whether to include enforceable core labor standards as a principal negotiating objective in trade agreements. Accordingly, this report (1) identifies key labor provisions in the current TPA law and how they have translated into free trade agreements negotiated under it; (2) presents some legislative options, and summarizes arguments for and against listing enforceable core labor standards as a principal negotiating objective; and (3) looks at possible outcomes and implications of the legislative options. This report will be updated as events warrant

Trade Promotion Authority (Fast-Track): Labor Issues (Including H.R. 3005 and H.R. 3019)

CRS ReportCRSTradePromotionAuthorityLabor_20Issues1201.pdf: 211 downloads, before Oct. 1, 2020

Free Trade Agreements with Singapore and Chile: Labor Issues

This report discusses the United States free trade agreements with Singapore and Chile that include labor provisions

Overview of Labor Enforcement Issues in Free Trade Agreements

Since 1993, the Administration has negotiated and Congress has approved 13 free trade agreements (FTAs) with labor provisions, and is considering additional FTAs. Based on similarity of language, these FTAs can be sorted into four groups, or “models,” which have evolved to contain successively greater levels of enforceability. This report first identifies the enforceable labor provisions in each model. Second, it identifies two types of labor enforcement issues: (1) those that relate to the FTA provisions themselves, including their definitions and their enforceability, and (2) those that relate to executive branch responsibilities, such as resource availability and determining dispute settlement case priorities. This report does not address other labor issues in the various free trade agreements, including cooperative consultation and capacity-building provisions

NAFTA Labor Side Agreement: Lessons for the Worker Rights and Fast-Track Debate

CRS ReportCRSNAFTALaborSideAgreements1001.pdf: 2024 downloads, before Oct. 1, 2020

Trade Promotion Authority (TPA)/Fast-Track Renewal: Labor Issues

[Excerpt] This report examines issues relating to TPA/fast-track labor provisions in the larger context of global labor issues. It: (1) identifies the players and their positions; (2) tracks the enforceable labor provisions in TPA/fast-track laws and the FTAs negotiated under them; (3) presents some legislative options for new TPA/fast-track labor provisions; and (4) sets out arguments for and against enforceable core labor standards. Finally, it looks at possible outcomes and implications of the various legislative options. This report will be updated as events warrant

Proposed U.S.-South Korea Free Trade Agreement and Potential Employment Effects: Analysis of Studies

[Excerpt] Similar to other trade agreements, the proposed U.S.-South Korea Free Trade Agreement(KORUS-FTA) has attracted both supporters and detractors, primarily over the impact the agreement could have on employment in the economy. Supporters argue that the agreement could create as many as 280,000 jobs in the economy. Others, however, argue that the agreement could lead to an overall loss of up to 159,000 jobs in various sectors of the economy. Still others contend that the United States stands to lose exports, employment, and extended economic opportunities if it fails to sign a trade agreement, while the European Union and other nations are lining up to finalize similar agreements with South Korea. Estimating the economic impact of trade agreements, however, is a daunting task, due to a lack of data and important theoretical and practical matters associated with generating results from economic models. In addition, such estimates provide an incomplete accounting of the total economic effects of trade agreements. This report assesses the results of a number of models that are being used to generate estimates of the effect of the KORUS FTA on employment. These studies were chosen specifically because they estimate (or can be used to estimate) data on employment effects of the trade agreement. All economic models incorporate various assumptions that are necessary in order for the model to generate results. Invariably, these approaches determine, to some extent, the results that are generated and, therefore, limit their representation of the real world economy. Currently, the various models produce widely disparate estimates of the number of jobs affected by the trade agreement, reflecting the various assumptions that are used in the models and differences in the approaches

Proposed Colombia Free Trade Agreement: Labor Issues

[Excerpt] This report examines three labor issues and arguments related to the pending U.S.-Colombia free trade agreement (CFTA): violence against trade unionists; impunity (accountability for or punishment of the perpetrators); and worker rights protections for Colombians. For general issues relating to the CFTA, see CRS Report RL34470, U.S.-Colombia Free Trade Agreement: Economic and Political Implications, by M. Angeles Villarreal. For background on Colombia and its political situation and context for the agreement, see CRS Report RL32250, Colombia: Issues for Congress, by Colleen W. Cook and Clare Ribando Seelke. Opponents of the pending U.S.-Colombia free trade agreement (CFTA) argue against it on three points: (1) the high rate of violence against trade unionists in Colombia; (2) the lack of adequate punishment for the perpetrators of that violence; and (3) weak Colombian enforcement of International Labor Organization (ILO) core labor standards and labor laws. Proponents of the agreement argue primarily for the proposed Colombia FTA on the basis of economic and national security benefits. Accordingly, they argue, the CFTA would: support increased exports, expand economic growth, create jobs, and open up investment opportunities for the United States. They also argue that it would reinforce the rule of law and spread values of capitalism in Colombia, and anchor hemispheric stability. Proponents specifically respond to labor complaints of the opponents, that (1) violence against trade unionists has declined dramatically since President Álvaro Uribe took office in 2002; (2) substantial progress is being made on the impunity issue as the government has undertaken great efforts to find perpetrators and bring them to justice; and (3) the Colombian government is taking steps to improve conditions for workers. If Congress were to approve the Colombia FTA, it would be the second FTA (after Peru) to have some labor enforcement “teeth.” Labor provisions including the four basic ILO core labor standards would be enforceable through the same dispute settlement procedures as for all other provisions (i.e., primarily those for commercial interests.) Opponents argue that under CFTA, only the concepts of core labor standards, and not the details of the ILO conventions behind them, would be enforceable. Proponents point to recent Colombian progress in protecting workers on many fronts. They argue that approval of the FTA and the economic growth in Colombia that would result is the best way to protect Colombia’s trade unionists. They also argue that not passing the agreement would not resolve Colombia’s labor issues. Opponents argue that delaying approval of the proposed CFTA further would give Colombia more time to keep improving protections for its workers. This report will be updated as events warrant

Afghanistan and Pakistan Reconstruction Opportunity Zones (ROZs), H.R. 1318/H.R.1886/H.R. 2410 and S. 496: Issues and Arguments

This report discusses legislation related to the Pakistan Enduring Assistance and Cooperation Enhancement Act (H.R. 1886), the Afghanistan-Pakistan Security and Prosperity Enhancement Act (H.R. 1318), and the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011 (H.R. 2410). It also discusses the Afghanistan and Pakistan Reconstruction Opportunity Zones Act (S. 496). The report also discusses how this legislation represents a political and symbolic importance for U.S. relationships with Afghanistan and Pakistan