The diffusion of norms, rules and mechanisms for the enforcement of labor standards and the resolution of disputes in the Asia-Pacific, in particular among signatory countries of the TPP

Abstract

<p>People are central to economic development. Workers are relatively vulnerable compared to the other factors of the economy, including governments and employers. Because violations of workers’ rights and poor working conditions are prevalent, especially in developing countries, the diffusion of internationally recognized labor standards is now emerging as a critical process in the world. This is a process by which internationally recognized labor rights are transferred between countries by various means with the expectation of improving labor conditions world-wide. For this process to be successful, it is important that not only labor standards but also rules and mechanisms for their enforcement be diffused. The Trans-Pacific Partnership agreement (TPP) is currently under negotiation. The TPP is expected to be the first “high-quality, twenty-first-century agreement” in the world. Norm entrepreneurs have chosen the TPP to be a channel for the diffusion of labor standards in the Asia-Pacific. How is the TPP likely to diffuse the norms, rules and mechanisms for the enforcement of labor standards and dispute resolution? Will it be by means of goodwill, cooperation and consensus or through material conditionality? Labor rights are human rights which must be upheld and promoted. The answer to the above empirical question is very important to the policy-makers of signatory countries of the TPP, given that labor standards are considered to be a sensitive issue in many Asian countries. Their concerns are grounded in history. The Government of Poland and the communist system in Eastern Europe were brought down as a result of the implementation of labor rights in the 1980s¹. How to implement these rights without causing social and political disorder is a complex question for policy-makers in the TPP countries. The thesis reviews the literature on theoretical norm diffusion and labor standards as well as provides the empirical evidence of past diffusion of labor standards in order to identify which mechanisms of diffusion are likely to prevail in the field of labor standards in the Asia-Pacific region. It answers who are the drivers of diffusion. It draws on the record of all signed FTAs in the region to provide an empirical foundation for its projection about the likely content of the TPP in terms of rules and mechanisms for the enforcement of labor standards. ¹ After the rights to organize freely and to strike was recognized by the Government of Poland, the Solidarity Unions was formed and after many ups and downs of its evolution, finally it had led successfully the overthrow of the communist Government of Poland and “played a central role in the demise of communism across the Soviet bloc, changing forever the course of history in Europe”. Read more at http://www.rferl.org/content/article/1060898.html, and http://future.state.gov/when/timeline/1969_detente/fall_of_communism.html</p>