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Henner Gött Editor

Labour
Standards in
International
Economic Law
Labour Standards in International Economic Law
Henner G€ott
Editor

Labour Standards in
International Economic Law
Editor
Henner G€ott
Georg-August-University G€ottingen
Institute of International and European Law
G€ottingen, Germany

ISBN 978-3-319-69446-7 ISBN 978-3-319-69447-4 (eBook)

https://doi.org/10.1007/978-3-319-69447-4

Library of Congress Control Number: 2018930022

© Springer International Publishing AG 2018

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Preface

Ensuring a decent level of worker protection in the globalized economy remains

one of the central challenges of economic globalization. This profoundly intricate
issue will likely remain unresolved until all its aspects are properly understood. The
present volume assembles timely analyses, written by expert scholars and experi-
enced practitioners, of the most pressing legal questions arising in the field. It
bridges existing gaps between the different sub-fields of law and surpasses the
boundaries of professional and epistemic communities, to foster a more compre-
hensive understanding of labour standards in international economic law.
Most contributions to this volume were inspired by presentations given at the
G€ottingen Conference on Labour Standards in International Economic Law, con-
vened on 1–2 October 2015 by the Institute of International and European Law’s
Department of International Economic and Environmental Law in G€ottingen.
Additional chapters on further important issues were included to round off the
compilation.
It is a keen pleasure to acknowledge all those who have made this volume
possible. First and foremost, I wish to express my sincere gratitude to Peter-Tobias
Stoll, whose expertise and unfailing and dedicated support have made both the
conference and this volume possible. Special thanks are due to all the authors for
their invaluable contributions to this book and to the conference. Furthermore, I
wish to thank Mary Footer, Pablo Lazo Grandi, Inmaculada Martı´nez-Zarzoso,
Frank Schorkopf, Friedl Weiss and Ruben Zandvliet for enriching the conference as
speakers and chairs. Last but not least, I am grateful to Anna Kozyakova, Mauricio
Pacheco, Doris Ruhr, Laura Wanner, Oskar de Wyl and Jia Xu, who served as
members of the conference organization team, and to Jasmin Evers, Laura Wanner
and Oskar de Wyl for assisting me with the edition of the manuscript.

G€ottingen, Germany Henner G€ott

August 2017

v
Contents

Labour Standards in International Economic Law: An Introduction . . . 1

Henner G€
ott

Part I Setting the Scene

International Economic and Social Dimensions: Divided or Connected? . . . 11
Peter-Tobias Stoll
The ILO’s Mandate and Capacity: Creating, Proliferating
and Supervising Labour Standards for a Globalized Economy . . . . . . . 37
Claire La Hovary
Why the Shift from International to Transnational Law Is Important
for Labour Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Anne Trebilcock

Part II Labour Regulation of Trade, Investment and Finance

The Implications of EC – Seal Products for the Protection
of Core Labour Standards in WTO Law . . . . . . . . . . . . . . . . . . . . . . . . 69
Thomas Cottier
The WTO and Child Labour: Implications for the Debate
on International Constitutionalism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Franziska Humbert
Labour Standards and Trade: Need We Choose Between ‘Human Rights’
and ‘Sustainable Development’? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Tonia Novitz
Civil Society Meetings in EU Free Trade Agreements: The Purposes
Unravelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Jan Orbie, Lore Van den Putte, and Deborah Martens

vii
viii Contents

Comparative Conclusions on Arbitral Dispute Settlement in Trade-

Labour Matters Under US FTAs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
Patrick Abel
An Individual Labour Complaint Procedure for Workers, Trade
Unions, Employers and NGOs in Future Free Trade Agreements . . . . . 185
Henner G€ott
Implications of CETA and TTIP on Social Standards . . . . . . . . . . . . . . 211
Reingard Zimmer
Mainstreaming Investment-Labour Linkage Through ‘Mega-Regional’
Trade Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
Henner G€
ott and Till Patrik Holterhus
Labour Standards and the World Bank. Analysing the Potential of
Safeguard Policies for Protecting Workers . . . . . . . . . . . . . . . . . . . . . . 273
Franz Christian Ebert

Part III Business Conduct and Labour Standards

Soft Standards and Hard Consequences: Why Transnational Companies
Commit to Respect International Labour and Social Standards,
and How This Relates to Business and Regulation . . . . . . . . . . . . . . . . . 307
Katja Gehne
The Promotion of Labour Standards Through International Framework
Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
Rüdiger Krause
Transnational Labour Litigation: The Ups and Downs Under the Alien
Tort Statute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
Anja Seibert-Fohr
Promoting Labour Standards in Global Supply Chains Through
Consumers’ Choice: Is Social Labelling Effective? . . . . . . . . . . . . . . . . . 355
Nazli Aghazadeh

Part IV Labour Standards in International Economic Law: A Proposal

for Practice
A Model Labour Chapter for Future EU Trade Agreements . . . . . . . . . 381
Peter-Tobias Stoll, Henner G€ott, and Patrick Abel
Contributors

Patrick Abel Georg-August-University Göttingen, Institute of International and

European Law, Göttingen, Germany
Nazli Aghazadeh Georg-August-University Göttingen, Institute of International
and European Law, Göttingen, Germany
Thomas Cottier University of Berne, World Trade Institute, Berne, Switzerland
Franz Christian Ebert Max Planck Institute for Comparative Public Law and
International Law, Heidelberg, Germany
Katja Gehne BASF, Ludwigshafen, Germany
Henner G€ott Georg-August-University Göttingen, Institute of International and
European Law, Göttingen, Germany
Till Patrik Holterhus Georg-August-University Göttingen, Institute of Interna-
tional and European Law, Göttingen, Germany
Claire La Hovary University of Glasgow, School of Law, Glasgow, Scotland
Franziska Humbert University of Berne, Berne, Switzerland
Oxfam Germany, Berlin, Germany
udiger Krause Georg-August-University Göttingen, Institute of Labour Law,
R€
Göttingen, Germany
Deborah Martens Ghent University, Ghent, Belgium
Tonia Novitz University of Bristol Law School, Bristol, UK
Jan Orbie Ghent University, Ghent, Belgium
Lore Van den Putte Ghent University, Ghent, Belgium
Anja Seibert-Fohr Ruprecht-Karls-University, Heidelberg, Germany

ix
x Contributors

Peter-Tobias Stoll Georg-August-University G€ottingen, Institute of International

and European Law, G€ottingen, Germany
Anne Trebilcock Georg-August-University G€ottingen, Institute of Labour Law,
G€
ottingen, Germany
Former Legal Adviser and Director of Legal Services, International Labour Orga-
nization, Geneva, Switzerland
Reingard Zimmer Berlin School of Economics and Law, Berlin, Germany
Labour Standards in International
Economic Law: An Introduction

Henner G€
ott

Content
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

The ever-progressing globalization of the economy and the growing economic

interdependence of states has a profound and lasting impact on the world of labour.
As the International Labour Organization (ILO) has pointed out in its 2008 Decla-
ration on Social Justice for a Fair Globalization, this impact is ambivalent:
[O]n the one hand, the process of economic cooperation and integration has helped a
number of countries to benefit from high rates of economic growth and employment
creation, to absorb many of the rural poor into the modern urban economy, to advance
their developmental goals, and to foster innovation in product development and the
circulation of ideas[.]
[O]n the other hand, global economic integration has caused many countries and sectors
to face major challenges of income inequality, continuing high levels of unemployment and
poverty, vulnerability of economies to external shocks, and the growth of both unprotected
work and the informal economy, which impact on the employment relationship and the
protections it can offer.1

Against this backdrop, securing and improving adequate levels of worker pro-
tection while preserving the benefits of globalization has become an issue of utmost
importance.2 What is at stake is not only to ensure effective compliance and
implementation as a factual matter. Rather, there is also the normative question
which level of protection is adequate, or, in other words, how labour standards
should be protected and promoted in the light of the challenges posed by a

1
ILO Declaration on Social Justice for a Fair Globalization, adopted on 10 June 2008.
2
The ILO has conceptualized this question in its Decent Work Agenda, as laid down in its 2008
Declaration on Social Justice for a Fair Globalization. See International Labour Office (1999) and
Vosko (2002).

H. G€ott (*)
Georg-August-University G€
ottingen, Institute of International and European Law, G€
ottingen,
Germany
e-mail: [email protected]

© Springer International Publishing AG 2018 1

H. Gött (ed.), Labour Standards in International Economic Law,
https://doi.org/10.1007/978-3-319-69447-4_1
2 H. G€
ott

globalized economy.3 Given the complexity of both the factual and the normative
dimension, it can hardly be surprising that no coherent, sustainable and satisfying
solution has been identified so far.
The status quo is that the protection and promotion of labour standards within the
context of economic globalization is dealt with in numerous contexts, which have
spawned a variety of different and disparate approaches both within and beyond the
confines of international law.4
Within the realm of international law, the two areas of prime relevance are
international labour law on the one hand and international economic law on the
other.
International labour law is concerned with the formulation and implementation
of internationally recognized labour standards, rights and policies. With its origins
dating back to the so-called ‘first globalization’ at the end of the nineteenth century,
it has demonstrated remarkable long-term viability.5 The ILO, the central interna-
tional organization in the field, has developed a comprehensive body of treaties,
recommendations, declarations and other instruments and a rich organizational
practice on the creation and implementation of labour standards. As to the current
economic globalization, the ILO has engaged in various initiatives to secure
adherence and to further promote labour standards.6 For one part, it has engaged
in both revisions and a prioritization of its numerous instruments. This resulted,
most prominently, in the identification of fundamental labour standards in the 1998
Declaration on Fundamental Principles and Righta at Work, which has become a
point of reference both for a realignment of resources and activities inside the ILO
and for numerous instruments and initiatives developed elsewhere. Moreover, the
ILO has defined and committed to pursue strategic objectives (job creation, fun-
damental principles and rights at work, social protection and social dialogue, as
well as gender equality as a crosscutting objective) in its Decent Work Agenda,
manifested in its 2008 Declaration on Social Justice for a Fair Globalization. At the
same time, the ILO has continued to experience major challenges to its work, both
internally and externally, some of which have the potential to substantially com-
promise its impact and, ultimately, even its relevance.
The second central body of law, international economic law, including interna-
tional trade law as well as international investment law and the law of international
financial institutions, frames and accompanies economic globalization through a

3
This normative dimension is relevant both for those concerned with positive international law and
those concerned with developing and changing this law as a matter of politics.
4
To promote coherence between these contexts has time and again amounted to a challenge in
itself. A prominent example is the—eventually unsuccessful—attempt to introduce labour stan-
dards into the law and practice of the WTO, on this see e.g. Leary (1997) and Weiss (2005).
Another example is the lengthy struggle to achieve at least some coherence between the so-called
EWI indicators used in the World Bank’s Doing Business Reports and the implementation and
further promotion of ILO conventions, Bakvis (2009).
5
On the origins and development see Servais (2014), p. 19 et seqq.
6
Maupain (2013), p. 51 et seqq.
Labour Standards in International Economic Law: An Introduction 3

rapidly developing body of norms. These norms are mostly laid down in multilat-
eral, regional and bilateral treaties and are significantly developed further by the
practice of powerful international organizations, such as the World Trade Organi-
zation (WTO), the Organization for Economic Co-Operation and Development
(OECD) or the Bretton Woods Institutions. These treaties and organizational
practices have had a profound impact on the current state of economic globaliza-
tion. In this context, they have also contributed to (re-)configuring the parameters
within which contemporary industrial relations take place. That being said, labour
standards have never been a central concern in international economic law—
indeed, they have at times been facing outright opposition.7 Yet, their role appears
to be slowly increasing at least in certain areas, for example in the context of
regional trade agreements.8
While international economic law and international labour law are two central
fields of concern, it would be negligent not to look beyond these two bodies of law.
With the international legal order being more developed and multifaceted than ever
before in history, it is only natural that the issue of protecting and promoting labour
standards in the globalized economy also touches on other areas of international
law, such as international institutional law or international human rights law.9
Certain human rights guarantees in regional and universal human rights instruments
have become central points of reference, like Art. 11 ECHR and the corresponding
jurisprudence of the European Court of Human Rights, to name one prominent
example. In a similar vein, there are important links to the level of domestic law.10
What is more, labour standards play an increasing role in transnational economic
and social self-regulation by non-state actors. Non-state actors, such as enterprises,
trade unions and NGOs, have always played an important part in the formulation
and implementation of labour standards, both on the domestic and the international
level.11 As economic globalization coincides with diminishing regulatory capaci-
ties of states, self-regulation by non-state actors becomes more relevant also for
other parts of the international economic order.12 Many non-state actors have
developed own approaches to the protection and promotion of labour standards,

7
See e.g. the WTO’s refusal to include labour standards in its work, as prominently spelled out in
Singapore Ministerial Declaration, 18 Dec 1996, WT/MIN(96)/DEC, para. 4.
8
Including in recent major trade agreements, see e.g. Chapter 23 CETA. According to a 2016 ILO
study, ‘nearly half of trade agreements with labour provisions came into existence since 2008 and
over 80 per cent of agreements entering into force since 2013 included them’, ILO (2016), p. 22.
9
See e.g. Kolben (2010) and Swepston (2013).
10
As a general matter, international labour law heavily relies and depends on its implementation
through national legislators and authorities, see e.g. the obligations in Art. 19 (5) ILO Constitution.
Moreover, the issue of protecting labour standards in a globalized economy can become relevant in
civil litigation before domestic courts, see e.g. the pending case of Regional Court (Landgericht)
Dortmund, Mohammad Jabir et al. v. KiK Textilien und Non-Food GmbH, Case-No.7 O 95/15.
11
The most prominent example is the ILO’s tripartite structure, Art. 3 (1) and Art. 7 (1) ILO
Constitution. On further examples see Hepple (2005), p. 69 et seqq.
12
For a more general account see Peters et al. (2009).
4 H. G€
ott

some of which are transcending (or even clearly lying beyond) the realm of
international law in the traditional sense. Intricate examples for unilateral or
contractual cross-border self-regulation by enterprises, trade unions and NGOs
can be found in corporate codes of conduct, international framework agreements
or social labelling schemes.13 While evidently introducing normative propositions
on labour standards in globalization, the legal quality and relevance of these private
initiatives remain—at least from an international lawyer’s point of view—highly
uncertain.
The approaches to the protection and promotion of labour standards that can be
found in each of the aforementioned areas differ significantly as to their respective
rationale, scope, means and efficacy. Each of them has its own objectives, charac-
teristics, potentials and pitfalls. These divergencies in substance go along with a
considerable separation, and at times isolation, of professional and epistemic
communities of those who are concerned with international economic law and
those concerned with the protection and promotion of labour standards, both in
academia and in practice. This multidimensional fragmentation has repeatedly
resulted in remarkable misunderstandings, such as an unbalanced perception of
labour standards as mere obstacles to doing business, or unfortunate limitations of
political debates, e.g. when the question of how to improve labour chapters in trade
agreements is reduced to the issue whether these chapters should be enforceable by
temporary suspensions of trade benefits (so-called ‘trade sanctions’) or not. Perhaps
more than ever before, there is a need for increased coherence between approaches,
as there is a need for enhanced mutual understanding between communities.
This volume addresses some of the most pressing issues arising at the tangent of
international economic law and international labour standards. It deliberately
adopts a comprehensive perspective, covering the manifold approaches and the
different professional backgrounds mentioned above. Its aim is to provide analysis
and assessment of the law and practice, to broaden the perspective beyond
sub-fields and communities and to combine the threads in a single volume in
order to provide guidance to academics and practitioners who are facing the
challenge of securing adequate levels of worker protection in the globalized
economy.
The first part of the volume prepares the ground for the discussions in the
subsequent parts by elucidating the historical, organizational and conceptual back-
ground which informs labour standards and their role in international economic law
today.
The protection and promotion of labour standards in the international economic
order is by no means a new issue. As Peter-Tobias Stoll points out in his contribu-
tion, it has been a recurring issue ever since the end of the nineteenth century. In
order to shed light on the multiple connections and divisions between the economic
and social dimensions of international law and relations, he embarks on a historical
and analytical tour d’horizon. Claire La Hovary picks up in the present, assessing

13
See e.g. Davarnejad (2011), Burkett (2011) and Seidman (2009).
Labour Standards in International Economic Law: An Introduction 5

the ILO’s mandate and capacity to create, proliferate and supervise labour standards
in the globalized economy. Tripartism, the ILO’s most important foundational
feature, and its operationalization have come under severe pressure in the course
of the ILO’s post-2012 constitutional crisis. Yet, despite current difficulties,
La Hovary argues that ‘the current crisis affecting the ILO also suggests that the
organization does matter, as does its supervisory system’. While the ILO will
remain an institution of paramount importance in the field, it must not be
overlooked that contemporary labour law has transcended the traditional structures
of domestic and international law. It operates, in the words of Anne Trebilcock,
‘within, between and beyond States to form a type of (imperfect and incomplete)
multi-layered global governance’. In her contribution, Trebilcock points out why
this shift from international to transnational labour law matters for labour standards.
She concludes that transnational labour law’s ‘broader vision of reuniting the social
and the economic [. . .] seems at least theoretically better placed to test different
solutions until the most promising can emerge within a particular context’.
After the scene is set, the contributions in the volume’s second part explore the
role of labour standards in the most prominent fields of international economic law,
which are trade, investment and finance.
Given that initiatives to include provisions on labour into the multilateral trade
regime failed both in the case of the General Agreement on Tariffs and Trade
(GATT) and again when establishing the WTO, Thomas Cottier explores whether
the recent WTO EC - Seals case will be of help in this regard. He concludes that the
WTO’s case law is worth studying and that such studies will likely reveal some
policy space ‘to support and pursue labour standards and human rights abroad,
using the means and instruments of trade policy in a well-calibrated manner’.
Franziska Humbert, in focusing on child labour, advocates in favour of an
ILO-WTO implementation mechanism. This institutional solution, she argues,
can be seen in line with a ‘constitutionalist approach’.
Many of the preferential trade agreements that have recently been concluded or
are currently being negotiated to try to rectify the WTO’s refusal to address labour
standards. As Tonia Novitz explains, in EU trade agreements, there is ‘an apparent
shift away from a human rights [. . .] perspective to one more focused on sustainable
development’, which in her view warrants caution. The same holds true in view of the
involvement of the civil society in this context, as Jan Orbie, Lore Van den Putte and
Deborah Martens conclude after a look to the actual practice of such civil society
mechanisms in the light of their objectives. Their analysis reveals that civil society
involvement in free trade agreements lacks a clear definition of purpose. As they put
it: ‘It appears unclear what exactly civil society should be doing in this regard.’
The relevance of labour provisions in trade agreements largely depends on their
implementation and enforcement mechanisms. The North American Free Trade
Area (NAFTA) side agreement on labour employed a specific arbitration model,
which the US has used, with certain modifications, in its subsequent trade agree-
ments. As Patrick Abel points out in his comparative analysis, however, these
mechanisms suffer from ‘an unsuitable procedural and institutional design’,
which may explain that the mechanisms have only poorly been used and have not
6 H. G€
ott

lived up to expectations. Drawing from these findings, Henner G€ ott explores the
potential of ‘an Individual Labour Complaint Procedure for Workers, Trade
Unions, Employers and NGOs in Future Free Trade Agreements’. This proposal
is aiming at endowing those actors which have a genuine interest in the implemen-
tation of labour chapters in trade agreements with the procedural means to do so,
thus enhancing the chapter’s overall performance. The debate on labour chapters in
trade agreements has an immediate and continuing practical relevance. The
EU-Canada Comprehensive Economic and Trade Agreement (CETA), which was
signed in October 2016 and is being provisionally applied at the time of this writing,
has received widespread public attention and criticism in Europe. The same is true
for the envisaged EU-US Transatlantic Trade and Investment Partnership (TTIP),
which, despite its fate being uncertain after the last presidential election in the USA,
is likely to remain a point of reference in future trade negotiations. Reingard
Zimmer analyses these agreements with a special focus on social standards. She is
particularly concerned about the far-reaching mechanisms for regulatory coopera-
tion and investment protection.
Next to trade provisions, investment liberalization and protection is an integral
part of recent trade agreements. Henner G€ ott and Till Patrik Holterhus discuss
whether the combination of investment and labour chapters in recent free trade
agreements may enhance the role of labour standards in international investment
law. They conclude that there are indeed ‘opportunities to promote an adequate
balance of investor and labour concerns’, but the provisions in contemporary
agreements and drafts ‘do not in themselves sufficiently steer towards this goal’.
Besides trade and investment, the law of international financial institutions is the
third important pillar of international economic law. In historical perspective, the
World Bank Group member organizations’ approaches to labour standards have
repeatedly led to conflicts and critique. Franz Christian Ebert explains that, in
2016, the World Bank has ‘for the first time [set out] detailed labour standards
requirements for both the Bank’s staff and its borrowers’, which, however, have
their shortcomings.
The volume’s third part addresses the numerous and diverse non-state actor
approaches to enhance the protection and promotion of labour standards in the
globalized economy.
The inclusion of labour standards in self-imposed corporate codes of conduct has
received wide resonance in academia and practice, including both appraisal and
critique. Katja Gehne approaches this phenomenon from a practitioner’s point of
view. Finding that ‘soft standards at the international level have emerged as a
standard of responsible business management’, she argues that they ‘could be part
of a (para-)legal answer to deficiencies of national states’ human rights protection
systems’. To step in governance gaps is also the purpose of joint endeavors of trade
union federations and multinational groups to strengthen labour standards in cor-
porate governance by way of international framework agreements. In his contribu-
tion, R€
udiger Krause highlights that the success of such agreements largely depends
on them being implemented in strong and resilient industrial relations, which in turn
they are able to reinforce. Therefore, he calls for the conclusion of more robust
Labour Standards in International Economic Law: An Introduction 7

international framework agreements in the future. Exploring unilateral enforcement

of international labour standards through adjudicatory means, Anja Seibert-Fohr
discusses the domestic enforcement of international labour standards under the US
Alien Tort Claims Act. While recent decisions have put up considerable substantive
and procedural hurdles, she concludes that ‘the door is not closed and federal courts
are still in the process of delimiting the exact scope of ATS litigation’. She argues
that jurisdiction could and should be assumed in cases of violations of sufficiently
established international labour standards with a territorial link to the USA. Turning
to more indirect and promotional approaches, Nazli Aghazadeh examines the
effectiveness of social labelling to implement labour standards along global supply
chains. Using the example of three social labelling schemes, she finds that all three
of these schemes by and large fail to minimize the ‘information asymmetry’
between consumers and producers, mainly because of NGOs’ lack of capacity to
monitor producers’ adherence to the schemes. She proposes that this issue be
addressed by regulation and cooperation with the ILO.
Instead of a summing up, the volume’s fourth part offers a conclusion of a
different kind. Peter-Tobias Stoll, Henner G€ ott and Patrick Abel present a textual
proposal for a labour chapter to be included in future EU trade agreements. This
model labour chapter has been published and publicly debated in the context of
pending EU trade negotiations and revisions of major trade agreements. It has been
informed by—and is in many ways the result of—the extensive research, analyses
and discussions conducted on the protection and promotion of labour standards in
international economic law in politics, society and academia. The model labour
chapter aims at making a practical and constructive contribution to the ongoing
debate on the protection and promotion of labour standards in the globalized
economy.

References

Bakvis P (2009) The World Bank’s doing business report: a last fling for the Washington
consensus? Transfer: Eur Rev Labour Res 15(3–4):419–438
Burkett BW (2011) International framework agreements: an emerging international regulatory
approach or a passing European phenomenon. Can Labour Employ Law J 16(1):81–114
Davarnejad L (2011) In the shadow of soft law: the handling of corporate social responsibility
disputes under the OECD guidelines for multinational enterprises. J Dispute Resolut 2011
(2):351–385
Hepple B (2005) Labour laws and global trade. Hart Publishing, Oxford
ILO (1999) Decent work: Report of the Director-General to the International Labour Conference,
87th Session 1999. ILO, Geneva
ILO (2016) Assessment of labour provisions in trade and investment agreements. Studies on
growth with equity. ILO, Geneva
Kolben K (2010) Labor rights as human rights? Virginia Journal of International Law 50:449–484
Leary VA (1997) The WTO and the social clause: post-Singapore. Eur J Int Law (1):118–122
Maupain F (2013) The future of the International Labour Organization in the global economy.
Hart, Oxford
8 H. G€
ott

Peters A, Koechlin L, F€
orster T, Zinkernagel F (eds) (2009) Non-state actors as standard setters.
Cambridge University Press, Cambridge
Seidman G (2009) Social labeling in export supply chains: can voluntary certification programs
end child labor? India in transition. University of Pennsylvania, Philadelphia
Servais J-M (2014) International labour law, 4th edn. Kluwer Law International, Alphen an den
Rhijn
Swepston L (2013) The International Labour Organization and international human rights system.
In: Sheeran S, Sir Rodley N (eds) Routledge handbook of international human rights law.
Routledge, London, pp 339–352
Vosko LF (2002) ‘Decent work’: the shifting role of the ILO and the struggle for global social
justice. Glob Soc Policy 2(1):19–46
Weiss F (2005) Trade and labor I. In: Macrory PFJ, Appleton AE, Plummer MG (eds) The World
Trade Organization: legal, economic and political analysis, vol II. Springer, New York, pp
571–596
 Part I
Setting the Scene
International Economic and Social
Dimensions: Divided or Connected?

Peter-Tobias Stoll

Contents
1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 The Interwar Period: The International Labour Organization and Stubborn Nationalism
in Economic Affairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Uniting Economic and Social Dimensions? Early Institution Building After World
War II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3.1 The ILO and the 1944 Philadelphia Declaration as an Early Starter . . . . . . . . . . . . . . . . . 14
3.2 The World Bank Group and Keynesian Thought . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3.3 The United Nations: World Economic and Social Governance . . . . . . . . . . . . . . . . . . . . . . 16
3.4 The Universal Declaration of Human Rights: Social Rights and Human Rights . . . . 17
3.5 The 1948 Havana Charter: A World Economic and Social Order Under the Auspices
of the UN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
3.6 An Early Divide: The GATT Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
3.7 In Sum: Important Achievements and Pragmatic Promotion of Economic
Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
4 Development as a ‘Social’ Concern and the New International Economic Order . . . . . . . . . 20
4.1 International Investments in Focus: CSR and International Investment Law . . . . . . . . 22
4.1.1 From the United Nations Code of Conduct on Transnational Corporations
to Corporate Social Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.1.2 The Emergence of International Investment Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
4.2 The Development of the Global Human Rights System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
4.3 In Sum: Ideologic Battles and Some Progress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5 The ‘Era of Globalization’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5.1 Sustainable Development: The 1992 Rio Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5.2 The Establishment of the World Trade Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
5.3 Social Development and Decent Work: UN and ILO Activities . . . . . . . . . . . . . . . . . . . . . 27
5.4 Labour Clauses in GSPs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

P.-T. Stoll (*)

Georg-August-University G€
ottingen, Institute of International and European Law, G€
ottingen,
Germany
e-mail: [email protected]

© Springer International Publishing AG 2018 11

H. Gött (ed.), Labour Standards in International Economic Law,
https://doi.org/10.1007/978-3-319-69447-4_2
12 P.-T. Stoll

5.5 Labour Clauses in Free Trade Agreements and Bilateral Investment Agreements . . 29
5.6 Corporate Social Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5.7 Summary: Diversity of Approaches and Bilateralism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
6 Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

1 Introduction

The recent discussions on trade and labour standards as reflected in this book mirror
the widespread concern that today’s international legal framework for globalization
does not sufficiently address labour conditions and, more generally, social justice.1
As is often observed, it appears that globalization moves on with the help of
creating and further developing international ‘economic’ institutions and rules,
while the ‘social’ aspects are left behind and marginalized. Often, this goes along
with statements indicating that economic and social concerns have been more
closely linked in the past and that they should come this close again. A historical
and analytical tour d’horizon might help to give context to the recent discussion by
offering a short overview over a bit more than a century of international relations
and some reflections on what has been understood to be ‘economic’ and ‘social’ and
how the two are or should be interrelated.

2 The Interwar Period: The International Labour

Organization and Stubborn Nationalism in Economic
Affairs

A look to the past may start with the establishment of the International Labour
Organization in the aftermath of World War I in 1919. Indeed, the establishment of
this organization as a part of the Versailles peace treaty has made labour conditions
and social justice a permanent international concern, closely linked to peace.2 In its
preamble, the ILO constitution explicitly states that a ‘universal and lasting peace
can be established only if it is based upon social justice’3 and furthermore acknowl-
edges that ‘conditions of labour exist involving such injustice, hardship and priva-
tion to large numbers of people as to produce unrest so great that the peace and

1
See for instance, the labour chapters in prominent free trade agreements: Chapter 23 Trade and
Labour of the Comprehensive Economic and Trade Agreement (CETA) and Chapter 19 Labor of
the Trans-Pacific Partnership (TPP), consolidated text available at https://ustr.gov/trade-agree
ments/free-trade-agreements/trans-pacific-partnership/tpp-full-text. Accessed 22 Dec 2016.
2
Treaty of Peace between the Allied and Associated Powers and Germany, signed at Versailles,
28 June 1919, 225 CTS 188, Part XIII Labour; see also Schorkopf (2010).
3
Preamble (1) ILO Constitution, signed 28 June 1919, 15 UNTS 30, 15 UNTS 40.
International Economic and Social Dimensions: Divided or Connected? 13

harmony of the world are imperilled’.4 Drawing from earlier international devel-
opments, including international conferences convened and some international
agreements concluded to improve the situation of workers before World War I,5
the ILO was tasked with the creation of international labour standards. ILO
activities in this regard were quite successful.6 However, these improvements of
labour conditions hardly came to bearing, as the working class, just as the societies
at large, greatly suffered from the world economic crisis.7
This economic crisis has been importantly aggravated by the lack of willingness
of States to cooperate. Instead, a beggar-thy-neighbour policy8 prevailed, with
governments resorting to national approaches at the expense of other states. The
League of Nations was poorly equipped to address the issue as it was neither
mandated to do so nor had institutional structures at hand. Both the 1922 Genoa9
and the 1933 London10 conference failed to achieve a consensus of States to jointly
address the challenges of the world economic crisis.11
When looking at this period, it appears fair to conclude that it has seen impres-
sive international progress in labour rights, while turning the working classes into
mass unemployment and misery as a result of the inability of governments to
cooperate to cope with the great depression and the world economic crisis and a
general destabilization of Europe in the wake of World War II.12

3 Uniting Economic and Social Dimensions? Early

Institution Building After World War II

This important failure has been quite influential in the process of institution building
after World War II. As early as 1941, the leaders of the United Kingdom and the
United States, Churchill and Roosevelt, laid down their visions for the future world
order in the Atlantic Charter.13 The document can be understood as an embryonic
master plan for the establishment of the later United Nations and the post-war world
order, prominently featuring its economic and social dimensions. The Atlantic
Charter addresses economic issues like liberalization and non-discrimination in

4
Preamble (2) ILO Constitution, signed 28 June 1919, 15 UNTS 30, 15 UNTS 40.
5
Such as the Convention respecting the Prohibition of Night Work for Women in Industrial
Employment, signed 26 September 1906, 203 CTS 4; see Sauer (2014).
6
Troclet (1952), p. 421 and Haas (1964), pp. 148 et seqq.
7
Adamthwaite (2016), pp. 216 et seqq. and Overy (2016), pp. 99 et seqq.
8
Bowles (2009), p. 127 et seqq. and Overy (2010), pp. 53 et seqq.
9
Conference of Genoa, 10 April–19 May, 1922; Overy (2010), pp. 53 et seqq.
10
The London Economic Conference, 12–27 July 1933; see Clarke (1973), pp. 19 et seqq.
11
See Clarke (1973), p. 2.
12
Haas (1964), pp. 154–155; Troclet (1952), pp. 422 and 710 and Rodgers et al. (2009), pp. 97 et seq.
13
United States, Office of War Information, Division of Public Inquiries (1941) The Atlantic
Charter. http://digital.library.unt.edu/ark:/67531/metadc581/. Accessed 22 Dec 2016.
14 P.-T. Stoll

trade, access to raw materials and economic prosperity,14 economic advancement

and a cooperation of States in economic matters, and at the same time alludes to the
social dimension in mentioning labour standards and social security.15 ‘Economic
advancement’ in this context can be considered to address both social and economic
issues.16 To the more, in alluding to a freedom from fear and want,17 a wording that
Roosevelt had introduced some months earlier in his State of the Union Address, the
Charter introduces a key term for the later development of human rights.18 In
Roosevelt’s words: ‘freedom from want (. . .), translated into world terms, means
economic understandings which will secure to every nation a healthy peacetime life
for its inhabitants—everywhere in the world.’19

3.1 The ILO and the 1944 Philadelphia Declaration as an

Early Starter

In the early institutional building after World War II, there was a short moment
when the International Labour Organization was considered to play a major role
also in cooperation for economic policy-making. The so-called Philadelphia Dec-
laration, adopted in 1944 at the 26th International Labour Conference in Philadel-
phia, envisaged that the ILO should play a central role in economic policy-making
by endowing it with a competence to scrutinize the work of other international
economic organizations as to social aspects.20 The declaration reiterates the rele-
vance of social justice for a lasting peace and goes on in stating that
all human beings, irrespective of race, creed or sex, have the right to pursue both their
material well-being and their spiritual development in conditions of freedom and dignity, of
economic security and equal opportunity (II a).

14
The fourth paragraph of the Charter reads: ‘Fourth, [the United Kingdom and the United States]
will endeavor . . . to further the enjoyment by all States, great or small, victor or vanquished, of
access, on equal terms, to the trade and to the raw materials of the world which are needed for their
economic prosperity;’ (emphasis added).
15
The fifth paragraph of the Charter reads: ‘Fifth, they desire to bring about the fullest collabo-
ration between all nations in the economic field with the object of securing, for all, improved labor
standards, economic advancement and social security;’ (emphasis added).
16
Ibid.
17
The sixth paragraph of the Charter reads: ‘Sixth, after the final destruction of the Nazi tyranny,
they hope to see established a peace which will afford to all nations the means of dwelling in safety
within their own boundaries, and which will afford assurance that all the men in all lands may live
out their lives in freedom from fear and want; ‘(emphasis added).
18
The term resurfaces e.g. in the preamble of the 1948 Universal Declaration of Human Rights,
UN GA Res. 217(III) A.
19
Roosevelt (1941).
20
ILO Declaration Concerning the Aims and Purposes of the International Labour Organisation
(Declaration of Philadelphia), adopted on 10 May 1944.
International Economic and Social Dimensions: Divided or Connected? 15

The declaration went on in stating that

(b) the attainment of the conditions in which this shall be possible must constitute a central
aim of national and international policy;

(c) all national and international policies and measures, in particular those of an economic
and financial character, should be judged in this light and accepted only insofar as they may
be held to promote and not to hinder the achievement of this fundamental objective;

(d) it is a responsibility of the International Labour Organization to examine and consider

all international economic and financial policies and measures in the light of this funda-
mental objective;

(e) in discharging the tasks entrusted to it the International Labour Organization, having
considered all relevant economic and financial factors, may include in its decisions and
recommendations any provisions which it considers appropriate. (II lit. a, b, c, d and e).

The Philadelphia Declaration, which eventually was annexed to the revised ILO
Constitution in 1946, can be seen as a milestone in view of the ILO and its work. It has
importantly broadened the objectives of the organization in applying a more general
and human-rights-type language and in referring to economic security as a broader
term, encompassing both macroeconomic elements as well as a human rights-type
approach.21 However, the aspirations concerning the role of the ILO as voiced in the
declaration were obviously too ambitious and at the same time not specific enough to
materialize. At the time of the adoption of the Philadelphia Declaration, plans were
underway firstly to create much more specific and functional international structures
and secondly to establish a much broader and general international organization,
namely the United Nations.22 Obviously, the protagonists of the United Nations
were eager to equip that organization with the maximum amount of competencies
and were reluctant to give established pre-war institutions much of a say.23

3.2 The World Bank Group and Keynesian Thought

The formation of today’s international system after World War II has particularly
focused on this aspect of economic cooperation, which had been combined from the
very beginning with a social dimension. Alongside to the establishment of the
United Nations, the World Bank Group was founded.24 The International Bank

21
Maul (2012), pp. 83 et seqq. and Monteiro (2014), pp. 213 et seqq.
22
Swepston (2013), pp. 339 et seqq.
23
UN, Report of the Preparatory Commission, 23 Dec 1945, PC/20, pp. 40 et seqq.; Haas (1964),
p. 163 and Meng (2012), Art. 57, paras. 31 et seqq.
24
The World Bank Group is comprised by five institutions: The International Bank for Recon-
struction and Development (IBRD), The International Development Association (IDA), The
International Finance Cooperation (IFC), The Multilateral Investment Guarantee Agency
(MIGA) and The International Centre for Settlement of Investment Dispute (ICSID). See on the
nomenclature Ragazzi (2014), mn. 1 et seq.
16 P.-T. Stoll

for Reconstruction and Development, now known as the World Bank, was
established already in July 1944 as an institution to finance the reconstruction of
those countries and regions devastated by World War II.25 To the more, the World
Bank had a more general mandate to finance development, which today is its main
purpose. The International Monetary Fund (IMF) as established in December 1945
was designed as a mechanism for a joint response to monetary problems.26
The founding documents of both these instruments are noteworthy as they
clearly involve a social element. According to Art. I (III) of its Articles of Agree-
ment,27 the purpose of the World Bank is
[t]o promote the long-range balanced growth of international trade and the maintenance of
equilibrium in balances of payments by encouraging international investment for the
development of the productive resources of members.

However, the provision goes on in adding

thereby assisting in raising productivity, the standard of living and conditions of labor in
their territories.

Accordingly, Art. I of the IMF’s Articles of Agreement28 set out that the purpose
of the Fund is
(ii) [t]o facilitate the expansion and balanced growth of inter-national trade, and to
contribute thereby to the promotion and maintenance of high levels of employment and
real income and to the development of the productive resources of all members as primary
objectives of economic policy.

Both these institutions were deeply influenced by Keynesian thought and moreover
by John Maynard Keynes in person, who acted as a British delegate in those negoti-
ations.29 As is well known, the inclusion of employment and the raising of incomes
into the agenda of economic policymaking has been one of his most significant
findings.30

3.3 The United Nations: World Economic and Social

Governance

The formation of the United Nations as the universal and general organization
follows this pattern. The most visible institutional manifestation of the close link
between economic and social issues certainly has been the establishment of the

25
Articles of Agreement of the International Bank for Reconstruction and Development, 27 Dec
1945, 2 UNTS 134.
26
Articles of Agreement of the International Monetary Fund, 22 July 1944, 2 UNTS 39.
27
See Fn. 26.
28
See Fn. 27.
29
For an overview see e.g. Kitanovic and Kozuharov (2012), pp. 83 et seqq.
30
See for instance: Keynes (1935).
International Economic and Social Dimensions: Divided or Connected? 17

Economic and Social Council (ECOSOC) as one of the principal organs of the
organization.31 In substantial terms, the link is most importantly reflected by Art.
55 UN Charter, which can be seen as the ‘work programme’ of ECOSOC. It
reiterates the link between peace and economic and social progress as originally
introduced by the ILO Constitution. Moreover, it is much more explicit about
economic aspects, including their social dimension. In this vein, Art. 55 lit. a refers to
higher standards of living, full employment, and conditions of economic and social
progress and development;

and in this way alludes to the Keynesian ideas as reflected in the Articles of
Agreements of the World Bank and the IMF. Art. 55 (b), jointly with Art. 56, calls
for a co-operation in matters of inter alia ‘economic, social, health, and related
problems’ and (c) addresses the issue of human rights.32

3.4 The Universal Declaration of Human Rights: Social

Rights and Human Rights

In 1948, the General Assembly adopted the Universal Declaration of Human Rights
(UDHR),33 which set out the UN human rights agenda for the years to come and can
be seen as a forerunner for the two 1966 United Nations Human Rights Cove-
nants.34 Most importantly and in contrast to the constitutions of many member
States, the UDHR embraces both political and civil as well as economic and social
rights. In the latter regard, it features a number of rights which have a close
connection to labour standards and rights, as is true for instance for the right to
form unions (Art. 23 (4)), the right to equal pay (Art. 23 (2)), the right to rest and
leisure, a reasonable limitation of working hours and periodic holidays with pay
(Art. 24). Furthermore, a number of rights reflect the idea of social security, just as
the right to protection against unemployment (Art. 23 (1)) and the right to a just and
favourable remuneration and means of social protection (Art. 23 (3)). Furthermore
and without a link to labour and employment, the UDHR in the sense of more
general social rights stipulates in Art. 25 (1) a right to an adequate
standard of living (...) including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.

Altogether, the Declaration is a cornerstone of the international human rights

system and its further development. It is even more relevant in the context discussed

31
Art. 61 UN Charter.
32
Stoll (2012), Art 55 (a) and (b), paras. 12–13 and Riedel and Arend (2012), Art 55 (c), para. 8.
33
Universal Declaration of Human Rights, UN GA Res. 217(III) A.
34
International Covenant on Economic, Social and Cultural Rights, 16 Dec 1966, 993 UNTS 3;
International Covenant on Civil and Political Rights, 16 Dec 1966, 999 UNTS 171.
18 P.-T. Stoll

here, as it explicitly stipulates ‘social’ rights, and thereby translates ideas of social
justice into individual entitlements.

3.5 The 1948 Havana Charter: A World Economic

and Social Order Under the Auspices of the UN

Within the United Nations and more particularly under the aegis of ECOSOC,
initiatives have been taken to establish an institutional framework and rules for the
world economy in conformity with the more general objectives and principles
voiced by Art. 55 UN Charter.
Driven by quite some optimism as to what world governance may achieve in
international economic relations, an agreement was negotiated in this regard, which
included a number of issues, such as trade, economic development, raw materials and
competition. To implement and administer these rules, an international organization,
named the International Trade Organization was envisaged, which was supposed to
work as a specialized agency under the supervision of ECOSOC.35 This impressive
international instrument, named the Havana Charter,36 did address several pertinent
economic policy issues. This is true for Chapter III on economic development and
reconstruction as well as for Chapter VI on commodities and commodity agreements.
Even more impressive is its chapter II on ‘employment and economic activity’,
which links economic and social dimensions in several ways. Arts. 2 to 6 reflect
contemporary—or more clearly: Keynesian—economic thought by calling for
employment and economic growth and by addressing some particular aspects of
economic policy. The often-cited Art. 7 relates to ‘fair labour standards’ and this
way links to the work of the ILO. The article acknowledges
that measures relating to employment must take fully into account the rights of workers
under inter-governmental declarations, conventions and agreements.

Furthermore, the provision speaks about the ‘common interest of members in the
achievement in maintenance of fair labour standards related to productivity and
thus in the improvement of wages and working conditions as productivity may
permit.’ Also, Art. 7 (1) Havana Charter addresses the linkage to trade in pointing
out that unfair labour conditions may create difficulties in international trade. At
this point, Art.7 Havana Charter called on members to take whatever action may be
appropriate and feasible to eliminate such conditions within its territory. It further-
more envisages consultations and a co-operation with the ILO.37

35
Stoll (2012), Art 55 (a) and (b), para. 44.
36
Havana Charter for an International Trade Organization, 24 March 1948, UN Doc E/CONF.2/78.
37
Art 7 (3) of the Havana Charter reads: ‘In all matters relating to labour standards [. . .] it shall
consult and cooperate with the International Labour Organisation.’
International Economic and Social Dimensions: Divided or Connected? 19

After having been concluded in 1948, the Havana Charter eventually failed after
the US Senate had indicated that it would not ratify the instrument.38

3.6 An Early Divide: The GATT Agreement

During the negotiations of the Havana Charter, tariff reductions had been agreed
among parties based on reciprocity in the context of the trade chapter of the Charter.
To implement those achievements as early as possible, these tariff reductions, together
with provisions of the trade chapter, were applied provisionally. After it became clear
that the charter would not come into force, those few trade rules, together with the tariff
concessions, were separately framed as the General Agreement on Tariffs and Trade
(GATT),39 which did not embody the aforesaid labour-related provisions of the Havana
Charter. The GATT was applied provisionally based on a Protocol on Provisional
Application.40 This development can be seen as a divide, as the GATT and its pro-
visions on the promotion of international trade were applied, whereas the manifold other
provisions of the Havana Charter, which did address ‘social’ aspects, were dropped.

3.7 In Sum: Important Achievements and Pragmatic

Promotion of Economic Cooperation

Altogether, the desire to combine economic and social dimensions and to promote
international cooperation in these areas has largely guided the architecture of the post-
war international order. The institutional setup of the United Nations as well as the
World Bank group reflect this desire, based on contemporary economic thought. Even
more, some of the main ideas of social justice and labour standards were translated into
individual entitlements with the UDHR, which guided the further development of the
international human rights system. However, the impressive project to create a more
concrete institutional and normative frame for the world economy along those lines—
the Havana Charter—failed. In a very pragmatic way, a small fragment of the Charter
dealing with trade was separately applied, while the rest of the ambitious project was
dropped. What is more, the World Bank quickly adopted a remarkably narrow
interpretation of its own mandate, striving to isolate financial considerations from
seemingly ‘political’ issues, including labour and human rights issues.41

38
See Sacerdoti (2014), para. 10.
39
General Agreement on Tariffs and Trade 1994, Marrakesh Agreement Establishing the World
Trade Organization, 15 Apr 1994, Annex 1A, 1867 UNTS 187, 33 I.L.M. 1153 (Hereinafter cited
as ‘GATT’).
40
Protocol of Provisional Application of the General Agreement on Tariffs and Trade, 30 Oct
1947, 55 UNTS 308.
41
Maupain (2013), pp. 73 et seqq.; Janse (2014) and Cissé (2012), pp. 78 et seqq.
20 P.-T. Stoll

4 Development as a ‘Social’ Concern and the New

International Economic Order

Decolonization quickly became a main issue in the work of the United Nations.42
After having attained their political independence, the new States were heading for
economic independence and development. The formation of a group of developing
countries in the UN General Assembly, the Group of 77, created a strong political
momentum to put the issue of development on the agenda of the UN and to create
new bodies such as UNCTAD and UNDP and many others.43
The four UN development decades and a number of GA declarations set the
scene for a long-lasting process by which developing countries aimed to adapt the
world economy and its rules to accommodate to what they saw as priorities for
development.44 The main concept behind this development agenda can be seen as a
‘social’ one, as it was based on an idea of a responsibility of the state community or
more specifically of the developed countries to assist developing countries by
financial and other means and to cooperate with a view to change the rules for
international economic activities to the benefit of developing countries.45
Development in those days was primarily defined with a view to the national
economy and macroeconomic parameters such as the gross national product,
economic growth and the per capita income of the population. The closing of the
‘gap’ between developed and developing countries was taken as a major benchmark
in the various decisions and texts at the time. Also, development was seen in the
context of independence, and thus had a strong link to sovereignty. In terms of
theory, the gap-theory, the dependencia-theory and several postmarxist approaches
were quite influential.46 Particularly the dependencia-theory is worth mentioning,
as it saw developing countries as being dependent on an unjust world economic
order. In this way, the existing international economic system was considered to

42
See i.e. Declaration on the Granting of Independence to Colonial Countries and Peoples, 14 Dec
1960, UN GA A/RES/15/1514.
43
Fabbricotti (2009); Fortin (2013) and Schoiswohl (2013).
44
It nevertheless had the effect of mobilizing them to obtain reforms and concessions, often in the
form of UN General Assembly resolutions: Resolution 1710 (XVI), 19 Dec 1961; Resolution 2626
(XXV), 24 Oct 1970; Resolution 35/56, 5 Dec 1980 and Resolution 45/199, 21 Dec 1990
concerning the Development Decades; Resolutions 3201 (S-VI) and 3202 (S-VI), 1 May 1974
on the New International Economic Order; Charter of Economic Rights and Duties of States,
Resolution 3281 (XXIX), 12 Dec 1974; Resolution 3362 (S-VII), 16 Sep 1975 on development and
international economic co-operation and Resolution 34/150, 17 Dec 1979 on the principles of the
new international economic order. But in 1986, the developing countries did not succeed in
winning general acceptance or recognition of the right to development, GA Res 41/128,
4 Dec 1986.
45
See for instance Charter of Economic Rights and Duties of States, GA Res. 3281 (XXIX),
12 Dec 1974.
46
James (1997), pp. 205 et seqq.
International Economic and Social Dimensions: Divided or Connected? 21

represent a double standard of morality, a term which clearly alludes to the question
of social justice.
In substance, the concept of development in those days focused on industriali-
zation,47 while other issues such as agriculture or the basic needs of individuals
were only added later. The issue of labour conditions was hardly ever mentioned. In
view of the international economy, the discussions focused on whether developing
countries should become an integrated part of the world economy, what benefits
they could achieve this way and how their situation could be improved.48 Besides
industrialization in general, one relevant point in this regard was the export of
commodities; in respect of which several details were discussed, including the
stabilization of commodity prices, trade policy, the shipment of such commodities,
competition issues, investment for extractive activities, and the role and conduct of
multinational enterprises.49 The declaration on the permanent sovereignty over
natural resources50 was a major cornerstone in this regard, which was later
complemented by the Declaration and Programme of Action of a New International
Economic Order51 and by the Charter of Economic Rights and Duties of States.52
This period of the development of international economic law with its focus on
development saw some achievements. One such achievement was the granting of
preferential market access for developing countries in the context of GATT,53 by
GATT decisions addressing economic development and the special and differential
treatment of developing countries,54 including the insertion of a Chapter IV to
GATT and the adoption of the enabling clause.55 Another was the establishment of
UNCTAD’s commodity programme.56 Furthermore, codes on restrictive business

47
Yusuf (2009), pp. 5 et seqq.
48
See e.g. World Bank, World Development Report 1978.
49
Ibid. pp. 19 et seq.
50
GA Res. 3281 (XVII), 12 Dec 1974.
51
GA Res. 3281 (XXIX), 12 Dec 1974 and GA Res. 3202 (S-VI), 1 May 1974.
52
Charter of Economic Rights and Duties of States, GA Res. 3281 (XXIX), 29 Sess., 12 Dec 1974,
UN Doc. A/RES/29/3281.
53
Especially concerning the Generalised System of Preferences (GSP) and the concept of Special
and Differential Treatment. See also: WTO Committee on Trade and Development (2013) Special
and Differential Treatment Provisions in WTO Agreements and Decisions, WT/COMTD/W/196.
54
See e.g. Report of the Review Working Party (1955) Quantitative Restrictions, BISD III, Supp
170 and Report of the Review Working Party (1955) Schedules and Customs Administration,
BISD III, Supp 205. Furthermore, see Committee on Trade and Development (1980) Note by the
Secretariat, COMTD/W/311. See as an example WTO, India – Quantitive Restrictions on Imports
of Agricultural, Textile and Industrial Products, Report of the Panel, 6 April 1999, WT/DS90/R.
Tortora (2003), p. 5.
55
World Trade Organization (1979) Differential and More Favourable Treatment: Reciprocity and
Fuller Participation of Developing Countries, WTO Doc No L/4903; see also: http://www.wto.org/
english/docs-e/legal-e/enabling-e.pdf. Accessed 1 Sept 2016.
56
UNCTAD, Integrated Programme for Commodities, 30 May 1976, TD/RES/93 (IV).
Exploring the Variety of Random
Documents with Different Content
Finest Dehesa 15
First Crop 135
Flat Stacking 143
Flavor 90
Flooding 81
Floreal Vineyard 89
Fogs 46, 66
Follower 157
Foreign Districts 10
Forsyth, Wm. 39, 212, 216
Fowler 45, 214
Frames 156
Freeman, George A. 89
Fresno 39, 44, 134, 184, 185, 186, 187
Frost 63
Furrowing for Irrigation 82
Gandia 16, 22
Gargaliano 29
Gastuni 29
Gila River Valley 59, 134
Glauber Salt 73
Goodman, J. T. 39, 88, 211
Gordo Blanco 13, 45, 50, 87, 88
Gould, E. 41
Grading 151, 153, 164
Grafting 25, 117
Graham, George 21
Grasset, St. Sauveur 23
Grasshoppers 102
Great Reasons 5
Grecian Islands 9, 74
Gridley 44
Grocers Company 6
Guadalaviar 18
Gypsum 73, 75
Hakluyt 23, 24
Happy Valley 44
Haraszthy, A. 38
Hardpan Soils 70, 71
Harkness, W. H. 95, 96, 97
Harrowing 179
Health of Vines 79
Heap, G. H. 34, 67
Heat for Drying 139
Highlands 48
Hilgard, E. W. 216
Historical 5, 22
Hoeing 117, 131
Holland 7, 29
Huasco Raisins 36, 89
Hurdles 61
Ideal Conditions 67
Imbat 31
Imperial Clusters 47
Imperial Dehesa 15
Importation 30, 38, 179
Injury to Raisins 65, 139
Insect Pests 93
Ionian Islands 23, 26, 61
Irrigation 17, 18, 37, 49, 54, 60, 77, 85
Italian Raisins 36
Ithaca 24, 29
Jabea 16
Jackson, Byron 150
Jalon 16
Jaraco 16
Jerrea 16
Jucar River 18
Kalamata 29, 30
Karabournou 31
Kaweah River 46
Kells, R. C. 121
Kern 45, 46, 134
Kettles 150
Kyparissia 29
Labeling Press 157
Labels 169
Labor 15
Labors of the Year 124
La Mancha 14, 65
Land Scraper 105
Land Plaster 73
Large Black Raisins 35
Large Red Raisins 35
Latitudes 60
Leaching 73
Leaf-hopper 42, 57, 98
Leon 8
Lepanto 23, 29
Lerdo 45
Levante 65
Lever-press 155
Lexias 9, 10, 15
Ligudista 29
Limits of Raisin Districts 60
Lipari 9, 22, 36
Literature 215, 216, 217, 218
Lithgow 24
Lixivium 9
Location 12, 60
Locke, J. 23
London Layers 15
Longevity of Vines 70
Loose Raisins 21, 158
Lye 19, 149
Lye-dipped 9
Lyeometer 34
Machine-dried Raisins 9
Madeira 94
Madera 45
Magnesium Chloride 73
Malaga 7, 9, 12, 15, 91, 134, 176
Malaga (Cal.) 45
Mai Nero 64, 98
Marking out Vineyard 105
Manilla Paper 158, 180
Manuring 13
Marbella 12
McPherson Bros. 39, 55
McPherson, Robert 209
Mediterranean Basin 11
Merced 45, 46, 182
Merino 8
Mesta 8
Mildew 93
Mirabelle Vineyard 30
Mission Vines 98
Missolonghi 29
Modern Raisin District 11
Modone 29
Moisture 54, 66
Morea 23, 27, 29
Moryson, Fynes 24
Moors 7, 16, 22
Moss, Geo. 216
Murcia 8
Musca 7
Muscatels 6, 7, 8, 9, 10, 15, 43, 87
Muscat of Alexandria 16, 50, 57, 87, 88
Mussel Slough 44
Nailing 167
Nathaligo 24
Nauplia 29, 30
Naxos 23
Neglected Vines 137
Nice, Climate of 12
Nisi 29
Northern Raisin Districts 43
North, J. W. 39, 52
Off-stalk 21
Oidium 93
Oleander 214
Olive Oil 150
Olivo 16
Olympia 29
Ondara 16
On-stalk 21
Ontario 48, 52
Orange County 39, 52, 145, 146, 189
Orland 44
Packing-frames 156
Packing-house 153, 205, 206, 207, 214
Packing Raisins 14, 20, 151, 160, 164
Palermo 44
Pantellaria 36
Paper 158
Pasas 22
Pasture Lands 8
Patras 24, 29
Pedreguer 16
Pergos 29
Peronospora 95
Petrasso 24
Philampelus 100
Phœnician 16
Pickers 137
Picking 135, 180
Pierce, N. B. 97
Placer County 43
Planting 18, 25, 41, 53, 104
Planting-bar 88, 130
Plowing 114
Plows 131
Portugal 15
Powdery Mildew 93
Preparing Land 25
Presses 155
Prices 34, 38, 52, 58, 115, 170, 179
Prodenia 101
Production 22, 34
Profits 51, 55, 53
Pruning 13, 18, 26, 47, 124, 128, 131, 180
Pupæ 100
Pylia 30
Pylos 29
Quality of Raisins 18, 57, 79
Racemus 5
Radiator 147
Rain 12, 32, 55, 61
Raisin Districts 10
Raisin Grapes 87
Raisin Packers 214
Raisins 5
Raisins, Import of 178
Raisin Vineyards 30, 38, 104
Raysins of Corauntz 23
Reasons 5
Red Currants 91
Redding 44
Redlands 48, 202, 203, 204
Red Raisins 176, 177
Red Spider 100
Retoria 16
Reversing 141
Reysin 5
Ringing the Branches 27, 123
Rinsing 150
Ripeness 135
Ripening 31, 33, 50
Riverside 39, 48, 134, 199, 200, 201
Roberts, Lewis 22
Ronda 12
Roof-stacking 143
Rooted Vines 106, 112, 179
Root-pruning 129
Rosedale 45
Rosine 5
Ross, Newton 51
Rotterdam Colony 182
Royal, Finest Dehesa 15
Saccharine 134
Salt 73
Salt River Valley 134
Samos 31
San Bernardino 39, 48
San Diego 55, 192
Sandy Soils 70
Sanger 45
San Joaquin Valley 44, 181
Santa Ana 14, 52, 55, 134, 145, 190
Santa Maura 24, 29
Scalding 19
Scales 154
Seabreezes 31
Secadero 19
Second Crop 136
Seedless Grapes 9, 90
Seepage 84
Selma 45, 214
Sequero 14
Shasta County 44
Sheep’s-foot 88, 130
Slanting the Trays 142
Smirna 9
Smyrna Raisins 10, 30, 176
Soils
12, 16, 25, 37, 41, 45, 49, 53, 56, 60, 67, 68, 69, 70
Solano 41
Solis 9, 10
Spades 131
Spring Frost 64
Spring Rain 60, 62
Stabler, B. G. 89
Stacking 142, 144
Stanchio 31
Stationers Company 6
Statistics 169
Stems 136
Stemming 151, 154, 158, 180
Stevens, W. E. 32, 35, 61
Stock for Grafting 121
Strentzel, Dr. J. 138
Subirrigation 83
Subsoil 70
Suckering 129
Sulphates 73
Sulphuring 47, 121, 131, 180
Sultana Raisins 6, 9, 10, 45, 135, 177
Summer Pruning 128
Sun-dried Raisins 9, 10
Surface Water 48
Sutro, Adolph 216
Sutro Library 216
Sutter County 43
Sweatboxes 148, 180
Sweat-house 153
Sweating 162
Sweetwater Valley 55, 59
Taking-up 143
Tehama County 44
Temperature 31, 48
Terral 18
Thermalito 44
Thinning the Grapes 123
Thompson Seedless 10, 43, 91
Tin Boxes 158
Tools 106, 130
Tray-catcher 140
Trays 20, 148, 156, 157
Trieste 29
Trifylla 30
Trimming 167
Trucks 131, 137, 157, 160
Tulare 45, 214
Turkish Raisins 92
Turning 140, 180
Tying-over 122
Tyra 31
Uncinula 93, 94
Uva Alexandria 11
Uva Apiariæ 7, 11
Uva Muscæ 11
Uva Passa 26
Uva Zibeba 11
Valencia raisins 9, 10, 15, 21, 175, 176
Varieties of Grapes 13, 35, 37
Velez Malaga 8
Venetians 6
Vergel 16
Villa Joyosa 15
Vine Plague 96
Vostizza 24, 29
Vourla 31, 176
Ward, C. T. 89
Weed-cutter 116
Weeks, George F. 216
Weighing 164
West, W. B. 216
White Corinths 45, 91
White, T. C. 38, 122, 156, 209, 210, 216
Wickson, E. J. 216
Winds 65
World’s Production 177
Yerly 31, 176
Yield 13, 55
Yolo 41
Yuba 43
Zante 23, 29
Zea 67
 Additional Notes for 1890.
The first crop suffered considerably from mildew and climatic
conditions unfavorable to the setting of the grapes. The second crop,
however, is large and very good, and altogether the yield is a
satisfactory one. The prices have ruled higher than before and raisins
in sweatboxes have been contracted for readily at from 51⁄2 to 61⁄2
cents per pound or even higher. Wine grapes dried here sold for 3 to
4 cents per pound, and Malaga and Feherszagos raisins have brought
from 4 to 5 cents. No such prosperous year has before been
experienced by the raisin men of this State, and reports come in that
many growers are realizing from $250 to $450 per acre from vines in
full bearing.
The weather all through the summer has been unusually temperate
and thus very favorable to the full development of the grapes, and so
far the drying weather has been very favorable for the proper curing
of the raisins. Many new packing houses have been established, and
the crop is being better cared for than in previous years. The health
and general condition of the vines is better than it was last year and
the vine plague is less virulent, and according to some reports even
on the retrograde. The demand for the raisin product has never been
as large as now and there will apparently be no surplus left over, as
the demand is rapidly increasing. The above refers especially to the
central part of the State, to Merced, Fresno, Tulare and Kern counties,
where the prosperous season will encourage increased planting. In
Southern California the crop will be fair both in quality and quantity.
In El Cajon valley it is reported as very good, and as being one-half
larger than last year. Prices here ruled to begin with at from 41⁄2 to 5
cents but rose rapidly to 51⁄2 and 6 cents in sweatboxes.
The duty on raisins has this fall been raised from 2 cents to 21⁄2
cents per pound, which insures an additional profit to the raisin men.

Rain-fall of 1889-90.
—The rain-fall of 1889-90 in the Central and Northern raisin districts
of California was as follows:

Oct. Nov. Dec. Jan. Feb. Mar. Apr. May. Total.

Fresno 3.10 1.43 3.80 2.16 .65 .92 .29 .25 12.60
Tulare 4.17 .43 2.60 2.75 .74 .81 .22 .20 11.92
Kern 2.04 .22 1.75 1.20 .16 .24 .06 5.67
Yolo 8.14 3.04 9.62 6.36 3.69 3.35 1.60 2.21 37.41
Yuba 5.87 3.73 9.01 4.44 4.65 6.71 1.85 2.55 38.81

The above figures are from the “tables of rainfall in the principal
agricultural counties” of California, compiled and published by Albert
Montpelier, Esq., Manager of the Grangers’ Bank, San Francisco, but
no report is made of the rain-fall in the counties of San Bernardino
and San Diego, and statistics of those counties are not at hand.

Duty on Raisins.—The revised tariff of 1890 makes the duty on

imported raisins 21⁄2 cents per pound, an increase of 1⁄2 cent on the
old schedule. Currants, Zante and others, are now on the free list and
pay no duty.
 RAISIN BOXES, RAISIN TRAYS, SWEAT BOXES.

Kings River Lumber Co.,

SANGER, FRESNO COUNTY, CAL.

San Francisco Office, 109 California St., San Francisco, California.

Manufacturer of and Wholesale and Retail Dealer in

all kinds of

Lumber, Boxes, Doors, Sash, Blinds and

Mouldings.

This Company has at Sanger the best appointed Box Factory, Door,
Sash and
Blind Factory and Planing Mill in the State.

Special Mill Work of all kinds Estimated on and Furnished.

 ALL KINDS OF BOXES MANUFACTURED AND IN ANY QUANTITY
RAISIN AND ORANGE BOXES A SPECIALTY.

This Company manufactures, at its works at Sanger, Raisin Boxes of

all sizes
from the very best of Sugar Pine, cut from its own lands, which
for quality of material, perfection of workmanship
and printing have no equal.

THE COMPANY HAS AT ALL TIMES IN STOCK AND FOR SALE

LUMBER OF ALL DESCRIPTIONS, GRAPE STICKS, POSTS, SHINGLES,
SHAKES, PICKETS AND LATH.

ORDERS SOLICITED AND PROMPTLY EXECUTED.

 WATER TOWER AT LAKE YOSEMITE.

YOSEMITE COLONY.
This Colony is two miles from Merced City, California. Merced, from its fine
fountains, is now known as “The Fountain City.” It is the county seat of Merced
County. The Southern Pacific Railroad, a transcontinental line, passes through
this place, from San Francisco to New York. The Oakdale Line from the north also
starts from Merced City, giving direct communication by rail with Sacramento
Valley, Oregon, Washington, and all points north. Merced City is the nearest point
in the San Joaquin Valley to the great Yosemite Park, and commands the only
passable railroad route to this “World’s Greatest Wonder.” Merced City also lies in
a direct line from Yosemite, through Pacheco Pass, in the Coast Range, to Del
Monte, on the Bay of Monterey. These great natural advantages are now being
developed on a scale commensurate with nature’s own great gifts. The largest
and most costly irrigating canal in the United States has been completed, and is
now discharging the crystal snow waters, fresh from the Yosemite Falls, into Lake
Yosemite, one mile from this colony. Thus we find ourselves in the possession of
a combination of nature and art, which present advantages in climate, health,
water privileges, wealth of soil and their productions which are not as fully
possessed by any other locality in California. And, as an enduring crown to our
prosperity, we point to the late Act of Congress of the United States in setting
apart the Yosemite Park, with her giant Sequoia and sugar-pine forests, insuring
and perpetuating the annual snow and rain on the watershed of our canal
system. The Yosemite Colony contains about 5,000 acres, and is beautifully
situated by the side of Lake Yosemite, and bounded on the north by the fine
Colony of Rotterdam. “The Yosemite” was the first colony subdivided and placed
on the market after the perfection of our irrigating system, two years ago; and a
large main ditch was then brought by the proprietor from Lake Yosemite to and
through these lands. Young Orange Groves, Almonds, Prunes and Apricots, Figs,
Pomegranates, Peaches, etc., etc., have already been planted; also several fine
young Raisin Vineyards, of only two years’ growth, which this autumn produced
raisins of the most superior quality. The soil is from four to twelve feet in depth,
with under strata of heavy, rich clay, which will always insure an abundance of
moisture, when with proper irrigation. These lands are all free from alkali, and
about one-half of them situated on the rich, alluvial plain; the other half are
gently rolling, and extend into the red gravelly soils, so much prized for Olives,
Oranges, Lemons, Wine Grapes and Strawberries, while the lower levels are
especially prized for the famous Muscat Raisin Grape, as well as for the Prune,
Almond, Pear, Apricot, Alfalfa and Vegetables. Merced City, situated one hundred
and fifty miles from San Francisco by rail,—one hundred miles from the coast,—
in the center of the San Joaquin Valley, is also the exact geographical center of
the State—north, south, east and west.
We are not offering you land that has not been thoroughly tested to produce
what we advertise. Neither are we offering you hog wallows, salt grass and alkali
flats; but we offer you a block out of one of the richest fields of California. As to
health, we challenge the whole world to surpass us. Our locality is free from
malaria; and fogs in summer and autumn are unknown in this dry and equable
climate. Not only is our locality free from fog, and fanned by the gentle
invigorating sea-breezes from the south and southwest, but we are protected
from the harsh, desiccating northwest winds, offering a retreat to the weak and
ailing; and its rich and attractive location contributes greatly to its charms.
For scenic beauty it has but few, if any, superiors in California. Standing at the
lake, or on any other elevated point on the Colony, a most inspiring panorama is
presented to the eye. The vision reaches one hundred and fifty miles south and
east, and takes in the ever snow-capped Sierra Nevada; thence south and
southwest we follow the long blue line of the Coast Range to the Mt. Diablo, one
hundred and thirty miles to the northwest, in the vicinity of San Francisco.
Looking to the north and east, you see looming up the grand Sierra Nevada, with
its mantles of perpetual snow, seemingly so near in the pure air that, although it
is one hundred miles to the summit, strangers are almost tempted to quit the
green colony fields and visit them as an afternoon stroll.
A fine school-house has been erected on the Colony, at a cost of $5,000, and
is now in good working order. Trees of one and two years’ growth border most of
the avenues, including Palms, Locust, Olive, Magnolia, Eucalyptus, Mulberry, etc.,
etc.
 Under our irrigation system the owner of the land purchases water from the
Canal Company which is filed in the County Recorder’s books, and is then
inseparable from the land, and is always conveyed as a part of the realty.
We now offer you this land, together with perpetual water-right, at from $150
to $200 per acre, according to quality and location. No land will be deeded to
any persons except actual settlers. As inducements to families, we will plow and
prepare the land ready for planting, as our aim is to settle these lands with
families. Payments may be made in installments to suit purchasers. We make the
following liberal offer to those who do not feel able to pay cash for the land: The
purchaser is to build and occupy a neat and substantial cottage; also build all
needed outhouses, paint or whitewash the same, and plant the land to such
trees and fruits as may be agreed to be the best. This done the first payment will
be deferred for five years, one-quarter to be paid annually thereafter. Said sum
agreed to be paid to bear eight per cent interest per annum from date of sale.
Deed will be given purchaser when he builds and plants, and the purchase price
secured by mortgage on the premises. A family with from $1,500 to $2,000 to
make their improvements can settle down and safely wait until their fruits or
raisin vineyard come into bearing. The whole purchase price should be produced
from the lands the fifth year.
For those who have not experience, or are desirous of avoiding the expense of
team and tools, we will plant, cultivate, irrigate and care for their orchard and
vineyard until it comes into bearing. It will be worth about $25 per acre to
furnish and plant the first year, and $10 to $15 per acre each year thereafter. The
above figures mean compensation for good, first-class work.
We have already some fine planted tracts for sale, embracing Raisin Vineyards,
that will come into bearing next year (1891), also young Orange Groves, as well
as deciduous Fruit Orchards. We also aim to keep a vacant cottage on the
Colony, for the accommodation of each newcomer until such time as he can build
on a lot of his own choice. Deciduous Fruit Trees can be planted commencing
January 1st, and as late as the 1st of April. Orange Trees in March and April.
Grape vines, rooted or cuttings, should be planted in February or March. Peaches
and Apricots will bear light crops the third year. Pears, Almonds, Figs and
Oranges will begin to bear the fourth year. Raisins begin to bear, from the
cuttings, in the third year. One year’s time is gained by planting rooted vines. It
is safe to expect $50 per acre the third year from rooted vines, and $100 per
acre the fourth year, at least, gross product. A respectable cottage should be
built, with from four to five rooms, at a cost of from $500 to $800; barn, $200.
One pair of horses and harness, $150; milch cow, $25; tools, $25; wood is high,
$7 per cord; flour, $3 to $4 per barrel of 200 lbs.; beef, from 6 cts. to 10 cts. per
lb.; hens, from $5 to $7 per dozen; eggs, from 25 cts. to 50 cts. per dozen;
building lumber, $25 per M. in the valley or farming sections of the State. Male
labor on the farm, $30 per month, except four or five months in the summer,
when they receive $1.50 to $2 per day. Female labor has never been ample, and
commands from $20 to $30 per month. Families coming out here can bring with
profit all clothing, bed-clothing, table cutlery and such articles as would not be
bulky. Large furniture or farming implements will not bear transportation.
The very favorable conditions existing for small farming in this rich valley of
California, where water can be obtained to render crops certain, are not
generally known in the East and Europe. For instance, our breadstuffs (wheat)
must be shipped around Cape Horn to Liverpool to find a market. Beef and pork
the same. Our wool also has to go around the Horn or across the Continent. The
consequence is that the fruit farmer eats the cheapest bread and beefsteak of
any people in the world. Our woolen mills are able to furnish the finest and
cheapest clothing worn. Labor is high, and everything the small farmer produces
is high, including poultry, vegetables and fruit, and will always be so. The big
farmer can’t get at this business with his steam engine and long sickle. We can
close Europe and the United States out of the fruit-producing business, and force
them to become consumers. Why? Because of the certainty of our crops, and
because we have the whole valley for a drying house.

Address or call upon the undersigned, owners and proprietors,

V. C. W. HOOPER &. SON,
Merced, Merced County, California .

EISEN & STEWART,

Real Estate and Horticultural Land
Brokers,
* DELANO, *
KERN COUNTY, CALIFORNIA.

Webargains
make horticultural lands a specialty, and offer special
in the Kern and Tulare Irrigation District, and in the
Poso Irrigation District. These lands are suited to Olives, Raisins,
Oranges, other fruits and alfalfa. They are now cheap, but will soon
rise in value, and become as high priced as any in the State.
We also attend to the business of absent owners, and we
guarantee satisfaction.
Correspondence solicited.

THE

Yost Writing Machine

Acknowledged by Experts to be The Best.

The Yost is full of New and Valuable Improvements,

and
is guaranteed to do as represented.

FOR CATALOGUES, TESTIMONIALS, ETC., SEND TO

J. P. MIGHELL & CO.

413 MONTGOMERY STREET
SAN FRANCISCO, CALIFORNIA.

Thompson’s Seedless Grape

MAKES ABSOLUTELY
 * Seedless * Raisins *

The very best for Culinary Use!

This Grape has been thoroughly tested in

California, having been grown and raisins made of
it, in Sutter County, for the past fifteen years.
It is far superior to the Sultana, being much
sweeter, a heavier cropper, more easily dried, and
ripens earlier.
For rooted vines, guaranteed true to name,
address,

B. G. STABLER,
YUBA CITY,
Sutter County, California.
Prices reasonable; given on application for both one and two-year old rooted
vines. Will also send sample of raisins, if desired.

Described by Prof. Eisen.

In a communication to California, a Journal of Rural Industry, May No., 1890,
entitled “With the Fruit Growers in Sutter County,” Prof. Eisen thus refers to Mr.
Stabler, and his work: “Mr. B. G. Stabler makes a specialty of dried peaches and
seedless raisins, and has succeeded well with both. The principal raisin-grape of
this vicinity is the little-known seedless grape, Lady Decoverly, here known as the
Thompson Seedless, he being the first to grow it. Years ago, about 1872, this
gentleman saw advertised in an Eastern Catalogue a seedless grape, said to
come from Constantinople, and was called the Lady Decoverly. It proved to be
very different from the common Sultana, being of yellow color, and of oblong
shape. It is certainly strange that this singular variety of grape should have
existed here so many years, and failed to attract general attention. It is an
enormous bearer, heavier even than the Sultana, and ripens early in August. It
makes very choice raisins for cooking purposes. The color is similar to that of the
Muscatel, and makes a raisin of beautiful color. Among other novelties in the way
of fruit, Mr. Stabler has a Chance Seedling Apricot, which promises to be
something extraordinary. It is not yet in bearing, * * * but think of apricot leaves
six inches in diameter, and limbs many times as long and strong as those of
ordinary apricot trees,” etc.

FRESNO AND MERCED

COUNTY LANDS
TO RENT AND FOR SALE.

75,000 to rent for a term of years; also 100,000 acres of fine Raisin,
ACRES OF WHEAT AND SUGAR-BEET LAND in the above counties

Fruit, Alfalfa and Sugar-Beet Land, with water for irrigation, for
sale in tracts of from twenty acres to large tracts suitable for colony purposes.
For particulars apply to

E. B. PERRIN,
402 Kearny Street,
 SAN FRANCISCO.

Fresno Agricultural Works

MANUFACTURERS OF

Raisin · ·
Machinery;
All KINDS OF

Vineyard Tools
LEVELING and
CANAL SCRAPERS.
——
SEND FOR
Descriptive
Catalogue.
ADDRESS,
JAMES PORTEOUS, FRESNO, CAL.

GUSTAV EISEN,
Horticultural Land and Raisin Expert.
 I have had twenty years of experience in fruit growing, raisin-

grape growing, raisin making, and in other horticultural industries,

in California, Central America, Mexico and Europe. I make it a

specialty to assist and advise those engaged in horticultural

pursuits. Whether you wish to select land or plant it to vines and

trees, whether you are a capitalist, the member of a syndicate or a

farmer, my services will be a thousand times more valuable to you

than the reasonable charge I make for them. If you are not
acquainted with land, soil, climate or the profits of the horticultural

industry you intend to engage in, you will find it to your advantage
to engage me to make you thorough and truthful reports.
All matters strictly confidential and charges reasonable.

Address,

GUSTAV EISEN,
California Academy of Sciences,

San Francisco.

Illustrated in

Colors
PUBLISHED BY
 H. S. CROCKER & COMPANY
215 Bush Street, San Francisco

THE FINEST It has no rival. Each book is wrapped in heavy

paper and enclosed in a specially made box,
HOLIDAY GIFT suitable for presentation to friends. For shipment
East, we provide an extra heavy box. Size of book,
12 x 16 inches.

Full Morocco, or Undressed Kid $15.00

Half Undressed Kid 12.50
Full Cloth, elegant paper edges 11.00

h.s. Crocker 215, 217, 219

& Company Bush Street

San Francisco
Wholesale Stationers
Printers, Lithographers and Bookbinders

A FULL AND ELEGANT LINE OF

Fruit and Raisin LABELS and PAPERS Always on Hand

OUR SPECIALTIES ARE

 Incorporation Outfits Bank Supplies Copperplate Engraving
Map and Pamphlet Printing of Visiting-Cards and
Stationery Outfits Wedding Invitations

CORRESPONDENCE SOLICITED

THE FRUIT REGION OF MERCED.

The fruit lands now offered for settlement by the Crocker Land
and Water Company are situated in the very center of California.
Besides being so favorably located, they offer advantages which are
not possessed by any other lands in the State. The fifty-five
thousand acres, which are now for the first time subdivided, consist
of virgin pasture and wheat lands, which have become too valuable
to be devoted to their former use. They are now being irrigated by
the most expensive and magnificent irrigation system on the
continent, by a canal capable of carrying 4,000 cubic feet of water
per second, and by the artificial lake Yosemite, the most extensive
irrigation reservoir ever built in America. The water from this
system is abundant and continuous; it comes from the snow-
capped Sierra, from the Falls of the Yosemite, and will suffice to
irrigate and fertilize hundreds of thousands of acres more than are
offered for sale.

These fruit and horticultural lands are situated in the warm belt
of the foot-hills of the Sierra Nevada, protected by sheltering hills,
traversed by natural creeks and surrounded by the grandest
scenery known to man. The famous Yosemite is almost within
sight, and the high-peaked Sierra can be reached in a day’s
journey. The Coast Range, with Mt. Diablo, is in full view, while the
fresh breezes from the San Pablo Bay temper the climate, and
contribute to make it one of the finest, most salubrious and most
enjoyable in the world. Through the irrigation water always at the
command of the horticulturist, our lands are being transformed into
beautiful orchards, vineyards and meadows. The peach, the prune,
the apricot, the pear and the raisin-grape are made to flourish, and
the olive to produce its valuable oil, the orange and the lemon their
golden fruit. The colonies already established are situated in the
thermal belt of the Sierra, in the finest citrus region of the State, in
a district equal to the best anywhere, and in a territory remarkable
for its earliness and productiveness. Every variety of temperate and
semi-tropical fruit is now growing within sight of the colonies,—the
almond, the olive and orange upon the more elevated land; the
peach, the prune, the apricot, the pear and the raisin-grape upon
that of a more alluvial nature. The Rotterdam Colony contains now
over a hundred settlers from Holland; other colonies are being
established by English and American farmers, by doctors, lawyers
and professional men of every station in life. The people whom we
invite, and who have responded to our call, are the most desirable,
the most intelligent, the most energetic and the most refined
classes. They are now building up horticultural communities of the
most prosperous nature.

The lands we offer are situated six hours by railroad from San
Francisco. They are traversed by two railroads, and the principal
colony is only four miles from Merced City, the county seat, while
some of our land joins, and actually surrounds, that town. Our
prices are low, and our terms very reasonable. We offer various
grades of land, all eminently suitable for the highest state of
horticulture, at prices ranging from $75 to $175 per acre, with
water.
For particulars address the

Crocker-Huffman Land and Water

Company,
MERCED,
Merced County, Cal.
 Transcriber’s Notes
Inconsistent and unusual spelling, hyphenation and
capitalisation have been retained, unless
mentioned below; this also applies to non-English
words and phrases.
Robert McPherson and Robert MacPherson are
presumably the same person.
Two-thirds natural size and similar phrases do not
necessarily apply to this e-text.
Page 29, table: the data given do not add up to the
totals given.
Page 216, Audibert: the full title is L’Art de faire le
vin avec les raisins secs.

Changes made:
Some minor punctuation and typographical errors
have been corrected silently.
Footnotes have been moved to directly under the
paragraph where they are referenced.
Page ii The Raisin Grapes moved up one level as
in text;
Page 6 Venitians changed to Venetians; Dipped
and Sultana changed to Dipped and
Sultana;
Page 7 Dodoen’s changed to Dodoens’s;
Page 10 elemes changed to elemês; Pantallaria
changed to Pantellaria;
Page 15 known as Velencias changed to known as
Valencias;
Page 26 Ionion Islands changed to Ionian Islands;
Page 31 Stan-chio changed to Stanchio;
Page 96 illustration caption: c. changed to b.; its
Tuberous Mycelium changed to their
Tuberous Mycelium;
Page 119 illustration captions combined into single
caption;
Page 133 as high-grade raisins changed to as many
high-grade raisins;
Page 182 about a feet deep changed to about a foot
deep;
Page 205 Shacht changed to Schacht;
Page 214 table row Mau, Sadler & Co. moved to
before Miller, James; Schact changed to
Schacht;
Page 217 Grasset de Saint Sauveur, Jacque changed
to Grasset de Saint Sauveur, Jacques;
Noveau Duhamel On Traité des Arbres ...
changed to Nouveau Duhamel ou Traité
des Arbres ...; Rambert changed to
Rembert;
Page 218 varietés changed to variétés;
Page 219 Aetolico changed to Ætolico; Albunol
changed to Albuñol; Cascalira changed to
Cascalina; Cooper, Elwood changed to
Cooper, Ellwood;
Page 220 Crocker-Hoffman Reservoir changed to
Crocker-Huffman Reservoir; Eleme
changed to Elemê; Gargalino changed to
Gargaliano;
Page 222 Sweat-boxes changed to Sweatboxes;
Entry Quality of Raisins moved to before
Racemus;
Index some page numbers have been corrected.
 *** END OF THE PROJECT GUTENBERG EBOOK THE RAISIN
INDUSTRY ***

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