Bridging perception gaps; ensuring inclusive trade; strengthening democratic debate
The impact assessment demonstrated that the risks touted by TiSA opponents turned out to be largely unfounded, that the agreement would have been unlikely to yield the benefits that the government and other proponents were putting forwards, and that it posed risks that neither proponents nor opponents had previously flagged. This points to a first way in which human rights impact assessment (HRIA) can be valuable. Rigorous and dispassionate legal analysis of proposed new laws can – and often ...
Bridging perception gaps; ensuring inclusive trade; strengthening democratic debate
The impact assessment demonstrated that the risks touted by TiSA opponents turned out to be largely unfounded, that the agreement would have been unlikely to yield the benefits that the government and other proponents were putting forwards, and that it posed risks that neither proponents nor opponents had previously flagged. This points to a first way in which human rights impact assessment (HRIA) can be valuable. Rigorous and dispassionate legal analysis of proposed new laws can – and often ...
Not much work impact
One of Mauritius’ offensive interests in the TiSA negotiations was to secure access to other TiSA countries’ labour markets through the so-called “Mode 4” commitments, that facilitate labour migration for people providing services. One of the main fears amongst TiSA opponents in Mauritius was that it would increase competition for jobs between non-Mauritians and nationals, and put downward pressure on labour standards. The article considers both these arguments in detail. Its analysis shows t...
Not much work impact
One of Mauritius’ offensive interests in the TiSA negotiations was to secure access to other TiSA countries’ labour markets through the so-called “Mode 4” commitments, that facilitate labour migration for people providing services. One of the main fears amongst TiSA opponents in Mauritius was that it would increase competition for jobs between non-Mauritians and nationals, and put downward pressure on labour standards. The article considers both these arguments in detail. Its analysis shows t...
The devil’s in the (de)regulation
Trade agreements these days tend to devote more space to smoothing out barriers to trade posed by countries’ domestic regulatory frameworks than on reducing tariffs or abolishing the more traditional, at-the-border trade barriers such as quotas. The “barriers” to cross-border trade in services include regulations like foreign ownership restrictions, licensing requirements, environmental, labour or quality standards, financial regulations or universal service obligations. Many civil society gr...
The devil’s in the (de)regulation
Trade agreements these days tend to devote more space to smoothing out barriers to trade posed by countries’ domestic regulatory frameworks than on reducing tariffs or abolishing the more traditional, at-the-border trade barriers such as quotas. The “barriers” to cross-border trade in services include regulations like foreign ownership restrictions, licensing requirements, environmental, labour or quality standards, financial regulations or universal service obligations. Many civil society gr...
Mauritius, human rights and services
trade liberaliA recent article (Applying the Human Rights Framework to Economic Policy: Insights from an Impact Assessment of Services Trade Liberalisation in Mauritius) published in the African Journal of International and Comparative Law illustrates ways that a human rights-based approach to economic policy-making can result in outcomes from trade negotiations that are not only human rights-consistent but also more politically, socially and economically robust. The article reports on an ass...
Mauritius, human rights and services
trade liberaliA recent article (Applying the Human Rights Framework to Economic Policy: Insights from an Impact Assessment of Services Trade Liberalisation in Mauritius) published in the African Journal of International and Comparative Law illustrates ways that a human rights-based approach to economic policy-making can result in outcomes from trade negotiations that are not only human rights-consistent but also more politically, socially and economically robust. The article reports on an ass...
By Caroline Dommen
It is perplexing to observe how often States ignore their international legal commitments in one area of law when making rules in another. An area in which this is repeatedly plays out is trade policy – as States tend to ratify new trade agreements with little heed for their human rights obligations. Human rights impact assessment has been put forward as a tool for improving consistency between trade law and other legal commitments, including those designed to achieve the sustainable developm...
By Caroline Dommen
It is perplexing to observe how often States ignore their international legal commitments in one area of law when making rules in another. An area in which this is repeatedly plays out is trade policy – as States tend to ratify new trade agreements with little heed for their human rights obligations. Human rights impact assessment has been put forward as a tool for improving consistency between trade law and other legal commitments, including those designed to achieve the sustainable developm...
