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How Trade Partners Boost Labor Rights to Court U.S. Trade Deals

trade agreementslabor rightsex ante due diligenceUnited Statesinternational political economyInternational Relations@ISQ1 Stata file1 datasetDataverse
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What Moonhawk Kim Asks

Do so-called "fair trade" preferential trade agreements (PTAs) that emphasize labor protections actually prompt partner countries to improve labor rights — and if so, when and how do those improvements occur? Moonhawk Kim investigates whether partner governments act in advance of negotiations or signing to strengthen labor protections in order to become more attractive PTA partners.

What Ex Ante Due Diligence Means

The paper introduces the idea of "ex ante due diligence": governments proactively tighten labor laws and enforcement not as a response to a signed agreement but beforehand, anticipating that advanced economies value strong labor standards. This mechanism contrasts with a more familiar story in which PTAs produce labor improvements after they are concluded.

How the Argument Is Tested

Kim tests this claim using data on U.S. trade partners from 1982 to 2005. The analysis compares the timing of improvements in labor protection to two key moments: publicity and policy shifts that publicize labor standards (notably the 2002 Trade Act) and the period before signing a PTA with the United States. Statistical tests examine whether partner states increase labor protection prior to those markers.

Key Findings

  • Trade partners are significantly more likely to strengthen labor protection before a PTA negotiation or signing with the United States.
  • This pre-emptive improvement is especially evident prior to the 2002 Trade Act, which signaled stronger U.S. attention to labor standards.

What This Means for International Political Economy

The study shows that international demand for labor protections can shape domestic policy choices even before formal agreements are reached. For scholars and policymakers, the findings highlight a forward-looking channel of influence: major market actors can induce policy change through their selection criteria and signaling, not only through conditionality embedded in agreements.

Article card for article: Ex Ante Due Diligence: Formation of PTAs and Protection of Labor Rights
Ex Ante Due Diligence: Formation of PTAs and Protection of Labor Rights was authored by Moonhawk Kim. It was published by Oxford in ISQ in 2012.
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