FDI Perspective No. 92: “Labor provisions in bilateral investment treaties: Does the new US Model BIT provide a template for the future?,” by Vid Prislan and Ruben Zandvliet.

The United States is one of the few countries to have a labor provision in its Model BIT. The 2012 Model includes a more elaborate labor provision than its predecessor. The scope of applicable labor standards and the level of commitment are more demanding than in the 2004 Model and most other (model) BITs. But unlike US FTAs, it lacks a clear obligation to adopt and maintain ILO standards as a minimum, and does not allow disputes to be submitted to arbitration.

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