Are Labor Provisions Protectionist?: Evidence from Nine Labor-Augmented U.S. Trade Arrangements

This paper evaluates the claim that labor provisions in trade arrangements serve primarily as a tool for protectionist interests. Using a three-step evaluation method, I deconstruct and analyze 9 recent U.S. trade arrangements to evaluate the protectionist claims. Historical records confirm the claim that labor provisions are most often included for political reasons. However, examination of language design and norms of petition submission appear to preclude the use of labor clauses to pursue protectionist goals. The evidence suggests that labor provisions are being used not as a tool for protectionist interests, but as a tool for human rights interest groups. Yet, the inherently political nature of the review process has caused these groups to increasingly turn to alternative means of promoting worker rights.