Full text: Social Standards in Sustainability Chapters of Bilateral Free Trade Agreements

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c. the parties to such proceedings are entitled to support or defend their respective 
positions and to present information or evidence; and 
 
d. such proceedings are not unnecessarily complicated and do not entail unreasonable 
charges or time limits or unwarranted delays. 
 
2. Each Party shall provide that final decisions on the merits of the case in such proceedings 
are: 
 
a. in writing and [state]45 the reasons on which the decisions are based; 
 
b. made available without undue delay to the parties to the proceedings and, consistent 
with its law, to the public; and 
 
c. based on information or evidence in respect of which the parties were offered the 
opportunity to be heard. 
 
3. Each Party shall provide, as appropriate, that parties to such proceedings have the right, in 
accordance with its law, to seek review and, where warranted, correction of final decisions 
issued in such proceedings. 
 
4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial 
and independent and do not have any substantial interest in the outcome of the matter. 
 
5. Each Party shall provide that the parties to administrative, quasi-judicial, judicial or labour 
tribunal proceedings may seek remedies to ensure the enforcement of their labour rights. 
Such remedies may include, as appropriate, orders, compliance agreements, fines, penalties, 
imprisonment, injunctions or emergency workplace closures. 
 
6. Each Party may, as appropriate, adopt or maintain labour defence offices to represent or 
advise workers or their organizations. 
 
7. Nothing in this Article shall be construed to require a Party to establish, or to prevent a Party 
from establishing, a judicial system for the enforcement of its labour law distinct from its 
system for the enforcement of laws in general. 
Article 7: Enforcement Principle46 
Nothing in this Agreement shall be construed to empower a Party's authorities to undertake 
labour law enforcement activities in the territory of the other Party. 
Article 8: Transparency47 
1. The Parties, in accordance with their respective domestic laws, agree to develop, introduce 
and implement any measures aimed at protecting labour conditions that affect trade between 
the Parties in a transparent manner, and with appropriate and timely communication to and 
consultation of non-state actors including [social partners, NGOs]48 and the private sector 
[with sufficient time for comments to be made and to be taken into account].49 
 
2. The Parties shall promote public awareness of their labour laws.50 
                                                     
45 Change made by Boltzmann Institute of Human Rights. 
46 Canada-Chile. 
47 EU-Korea. 
48 Insertion Boltzmann Institute of Human Rights. 
49 Canada-EU (Draft Canada). 
50 USA-Chile.
        

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