International law: from fragmentation to integration? an analysis of the relationship between international trade law and international labor law in multilateral and regional trade law frameworks

Abstract

The fragmentation of international law is a long-standing issue. However, it continues to be a topic of debate. While investigating this phenomenon, specifically the relation between international labor law and trade law, the author addresses the following questions: How does the fragmentation between these two regimes appear? What are the benefits and challenges associated with this fragmentation? Recently, with the rise of new-generation free trade agreements (FTAs), there has been a trend toward incorporating labor rules into the international trade law regime. By analyzing and comparing the “Trade and Sustainable Development” chapters of two European Union (EU) FTAs, the EU-Korea FTA and the EU-Vietnam FTA, the author explores whether this incorporation effectively reduces the fragmentation of international law and its negative impacts. The author argues that while it may seem beneficial, this partial incorporation may exacerbate the fragmentation of international law. In particular, the universality and inalienability of labor rights as human rights are not adequately protected. Moreover, the adverse effects of the fragmentation of international law remain unresolved. Therefore, although incorporating labor articles into FTAs is a step in the right direction, more coherent measures are essential to address the challenges caused by the fragmentation of international law.