The trade–labour relationship in the light of the WTO Appellate Body's embrace of pluralism

Joanna Langille

International Labour Review, 2020, vol. 159, issue 4, 569-589

Abstract: Labour lawyers have raised concerns that the law of the World Trade Organization (WTO) has the potential to limit member States' ability to respond to violations of (international) labour rights/standards, both at home and abroad. But its Appellate Body has interpreted WTO law to “permit pluralism”, preserving Members' right to regulate. This jurisprudence has carved out “policy space” for Members, broadened the scope of doctrinal exceptions and blunted the force of disciplines that seek deep integration through regulatory coordination/coherence. These moves mean that numerous labour‐protecting measures are likely to be legal under WTO law, diminishing the potential conflict between multilateral trade law and labour law.

Date: 2020
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