On social regionalism in transnational labour law

In: International labour review, Band 159, Heft 4, S. 591-613

Abstract

AbstractThis article historicizes social regionalism as a principled and pragmatic response to the breakdown of the embedded liberal bargain and the encasing of an international economic order that was designed to prevent, transnationally, the governance of the social in the economic. Seen in historical context, the first labour chapter Arbitral Panel report under the Dominican Republic–Central America–United States Free Trade Agreement (CAFTA–DR) illustrates the need to shift focus to social regionalism. The latter enables trade treaty interpretation to focus on shared objectives. It moves beyond treaty interpretation, to promote redistributive mechanisms and also international solidarity within trade agreements.