The Article critically considers for the first time the broader implications of the USA–Guatemala case for the framing of the system and concludes that the trade dispute settlement system is not well suited for these types of questions in its present iteration. [...] The evolution of substantive labor commitments In the USA, the story about the relationship between modern trade and labor regulation dates back to the turn of the twentieth century.9 Labor was not the driving force of these legislative actions (economic advantage was), but it was a consideration. [...] Much of the US evidence in the case took the form of worker statements from which identifying information had been redacted for the safety of the workers.49 Despite Guatemala’s objections, the panel admitted this evidence.50 Non-governmental entities also applied to participate in the case; some of those were invited to submit comments where the panel found that they met the CAFTA-DR criteria for. [...] First, with respect to procedure, the panel highlighted the ‘difficulty’ of the task before it, given the absence of rules to provide for the handling of evidence, the appearance of witnesses, and the testing of evidence through examination.54 In the absence of those additional tools, the panel decided to attribute little to no weight to several of the redacted worker statements, concluding that t. [...] The threat of litigation or the lead-up to the Trans-Pacific Partnership (TPP) Agreement led to significant changes in certain countries under pressure from the USA.71 And as noted, both the chapters and the side agreements serve as avenues for the public to seek action through their communications to the relevant governments.
- Pages
- 19
- Published in
- Canada
