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Labour Mobility and Labour Protection in Post - Brexit PTAs Lessons from Swiss-China FTA

This research explores how labour mobility and labour protection can be addressed in future post-Brexit Preferential Trade Agreements (PTAs), using the Swiss-China Free Trade Agreement (FTA) as a case study. It examines the challenges and opportunities in reconciling trade agreements, migration control, and worker rights. The focus is on the movement of natural persons and sector-specific provisions for services.

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Labour Mobility and Labour Protection in Post - Brexit PTAs Lessons from Swiss-China FTA

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  1. Labour Mobility and Labour Protection in Post - Brexit PTAsLessons from Swiss-China FTA Maria Anna CorvagliaBirmingham - 24 February 2017 Post Brexit Britain in a World of Preferential Trade Agreements PTAs

  2. STARTING POINT AND RESEARCH QUESTIONS “I want us to be a truly Global Britain …We want to get out into the wider world, to trade and do business all around the globe.” Theresa May – 17 January 2017 Speech CORE QUESTIONS • How labour mobility (allowed under services liberalisation of GATS Mode 4) and the labour protection could/should be addressed in the future post-Brexit PTAs negotiations? STARTING POINT - WHITE PAPER February 2017 • How is it possible to reconcile Point 9 of the White Paper “Securing new trade agreements with other countries” with Point 5 “Controlling Migration” and Point 7 “Protecting Workers’ Rights”?

  3. PRELIMINARY STEP - UK FUTURE DIRECTIONS FOR POSSIBLE PTASWith the whole world to trade with, where should UK go first? Theresa May – 17 January 2017 Speech Countries including CHINA, Brazil, and the Gulf States have already expressed their interest in striking trade deals with us.” The British Chamber of Commerce - Written Submission UK Parliament • Outside EU, North America and the largest economies in the Asian market (ASEAN block) become a priority, requiring for FTA negotiations; • Focus on Labour Mobility  How can labour mobility and labour protection be addressed in the context of future UK PTAs with Asian countries?

  4. CHINA TRADE STRATEGY AND ASIAN PTAS ACTIVISM • Since 2000, Asian countries become the most active in negotiating and signing PTAs (70% increase in the last 15 years); • China started to liberalise only recently (in 2003 with Hong Kong, Macao and ASEAN) • First generation of China’s PTAs: shallow commitments and with small neighbouring countries; • CHINA’S NEW GENERATION OF PTAS: deeper and wider agreements (Chile 2005, Peru 2009 Costa Rica 2011…) • Going beyond neighbouring countries and involving small and big developed countries (New Zealand 2008, Iceland and Switzerland 2013, and Australia 2015) • Gradually including GATS+ commitments particularly focused on movement of natural persons (Singapore 2008)

  5. THE SWISS-CHINA FTAWhat are the lessons UK can learn from this Agreement? • Extensive Service Liberalisation, not only focus on Goods and IPR protection; • GATS only a starting point, but integrated with advanced and clarified commitments: • Sector-specific provisions for FINANCIAL SERVICES (banking and insurance services); • Clarification of the provisions related to THE MOVEMENT OF NATURAL PERSONS (Section II Annex VI FTA) • Focus on the movement of high skilled workers from China to Switzerland;

  6. THE SWISS-CHINA FTA Switzerland Specific Commitments in relation to: • private sector training services (foreign languages), • financial services (e.g. cross-border aircraft liability insurance, issues of securities in Swiss francs), • air transport services (ground handling, airport management) • additional activities by highly qualified providers of short-term; Agreement on Labour and Employment Cooperation • reaffirms the commitments arising from their membership of the ILO and the ILO Core Conventions; • resolves to improve working conditions and to protect and enhance the fundamental rights at work; • commits to effectively implement their domestic labour legislations.

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