22 Feb 2018
Books/ Book Chapters
The Implications of EC – Seal Products for the Protection of Core Labour Standards in WTO Law
Chapter by Thomas Cottier in Henner Gött (ed.) Labour Standards in International Economic Law, published by Springer (2018), pp. 69-92
This paper offers a brief history of labour standards in international trade regulation, recalling that negotiations have not yet materialised achieving a stronger nexus. Yet, efforts to bring about linkages with non-trade concerns have been developing in WTO dispute settlement. The paper discusses the implications of EC - Seals and expounds and the relevant passages of the reports of the Panel and the Appellate Body. In applying deference to the notion of public morality and in applying standards of necessity and a balance of interests involved, the paper argues that the case is of paramount importance in assessing the policy space of Members of the WTO in establishing closer linkages between trade and labour standards.