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This article maps the evolution of the language of labour provisions in regional trade agreements (RTAs) since 1990. It unpacks how RTAs have become a platform to voice labour concerns and facilitate compliance with international labour commitments, signalling a significant turn from the strict divide between multilateral trade negotiations and labour policies as decided at the Singapore Ministerial Conference of the World Trade Organization (WTO) in 1996. The language of RTA’s preambular clauses, provisions governing domestic labour policies and internationally recognized labour rights and standards as well as labour-related trade exceptions form the basis of the analysis. The design of compliance mechanisms for, and implementation of, labour provisions is further analysed, whether they facilitate cooperation or establish dispute resolution procedures. The labour provisions in 512 agreements and forty-two amendments or protocols that entered into force between 1990 and 2022, based on a list of the Design of Trade Agreements (DESTA) database, were studied. Labour provisions vary in degrees of ambition: while RTAs with at least one European, North American, or South American trading partner increasingly include binding labour commitments and dispute resolution procedures, RTAs between African and Asia-Pacific trading partners are still cautious in developing linkages between market access and labour commitments.

This article maps the evolution of the language of labour provisions in regional trade agreements (RTAs) since 1990. It unpacks how RTAs have become a platform to voice labour concerns and facilitate compliance with international labour commitments, signalling a significant turn from the strict divide between multilateral trade negotiations and labour policies as decided at the Singapore Ministerial Conference of the World Trade Organization (WTO) in 1996. The language of RTA’s preambular clauses, provisions governing domestic labour policies and internationally recognized labour rights and standards as well as labour-related trade exceptions form the basis of the analysis. The design of compliance mechanisms for, and implementation of, labour provisions is further analysed, whether they facilitate cooperation or establish dispute resolution procedures. The labour provisions in 512 agreements and forty-two amendments or protocols that entered into force between 1990 and 2022, based on a list of the Design of Trade Agreements (DESTA) database, were studied. Labour provisions vary in degrees of ambition: while RTAs with at least one European, North American, or South American trading partner increasingly include binding labour commitments and dispute resolution procedures, RTAs between African and Asia-Pacific trading partners are still cautious in developing linkages between market access and labour commitments.

The World Trade Organization’s expansion in terms of its activities is becoming increasingly demanding for Members. Members may not express their acceptance or rejection to every statement or action taking place in the WTO, and they may remain silent to intentionally signify their position. This article examines the legal significance of Members’ silence in the WTO, in particular in the consensus-based decision-making procedures, in committees and council meetings, in the determination of subsequent practice when interpreting WTO provisions, schedules and practices, and in the assessment of whether or not a WTO Member has relinquished its right to initiate WTO dispute settlement proceedings. A brief description of the state of play of silence in public international law serves as a reference point to guide the analysis of silence in WTO law, which highlights the fact-specific nature of silence in both fields. While this article reveals that silence plays a role in the consensus decision-making function of the WTO, whether silence can amount to acquiescence in the context of councils and committees meetings remains unclear. Similarly, the Appellate Body has left the door open to the possibility that Members’ silence may provide evidence of subsequent practice for purposes of treaty interpretation. Contrary to international law where it has been suggested that silence may lead to a waiver of a state’s right to invoke the responsibility of another State, a relinquishment of a WTO Member’s right to initiate WTO dispute settlement proceedings must be formulated in clear and unambiguous language.