Although the growing use of Free Trade Agreements (FTAs) in world economic relations has contributed to the removal of tariff and non- tariff barriers to trade liberalization, it has also raised new problems linked to the protection of non-economic interests; in fact, in second generation (or new generation) FTAs it is common the inclusion of provisions aimed to protect environment and/or of fundamental workers’ rights. By analyzing a recent labor law case concerning the application of a regional FTA – i.e., the Dominican Republic-Central American Free Trade Agreement (CAFTADR) – it is possible to highlight problematic aspects related to social clauses application and to evaluate their real effectiveness degree.
L’applicazione delle clausole sociali negli accordi di libero scambio alla luce della recente prassi arbitrale
Martina Di Lollo
2019-01-01
Abstract
Although the growing use of Free Trade Agreements (FTAs) in world economic relations has contributed to the removal of tariff and non- tariff barriers to trade liberalization, it has also raised new problems linked to the protection of non-economic interests; in fact, in second generation (or new generation) FTAs it is common the inclusion of provisions aimed to protect environment and/or of fundamental workers’ rights. By analyzing a recent labor law case concerning the application of a regional FTA – i.e., the Dominican Republic-Central American Free Trade Agreement (CAFTADR) – it is possible to highlight problematic aspects related to social clauses application and to evaluate their real effectiveness degree.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
