Skip to main content
Unpublished Paper
The US-Korea Free Trade Agreement: The Evolution of Responsible Trade and a Reflection on What Lies Ahead
ExpressO (2010)
  • Nicole D Skibola
Abstract
This paper addresses residual problems in the US-Korea Free Trade Agreement, with regard to the Agreement’s labor provisions in Article 19. Alternatives are proposed in response to remaining issues including the status of Outward Processing Zones and a problematic lack of private firm accountability. First, it is suggested that Annex 22-A, pertaining to Outward Processing Zones, is renegotiated. To address the lack of private firm accountability, three alternate models are offered. The first approach is to follow the Cambodia Textile Agreement model, whereby positive economic incentives are attached to specific strides made in improving labor conditions. The second approach is to improve the legal structure of the existing agreement by incorporating a private right of action directly into the dispute settlement procedures. The third option is to keep the current system, but to fine firms directly instead of restricting fines to offending governments. Finally, regardless of approach adopted, an expansion of cooperative efforts with the International Labor Organization as an independent monitoring and reporting body is advocated and encouraged.
Keywords
  • labor,
  • human rights,
  • ILO,
  • Korea,
  • United States,
  • bilateral,
  • free trade
Disciplines
Publication Date
January 16, 2010
Citation Information
Nicole D Skibola. "The US-Korea Free Trade Agreement: The Evolution of Responsible Trade and a Reflection on What Lies Ahead" ExpressO (2010)
Available at: http://works.bepress.com/nicole_skibola/1/