In the first case, the non-application of national labour legislation may be formally challenged in the context of the dispute settlement procedure within the meaning of the free trade agreement (Article 22.16, paragraph 1). For the other two provisions that receive support in principle, such a remedy is not available. The USTR refers to cooperative mechanisms to improve workers` rights in the free trade agreement (28), but workers` representatives argue that the free trade agreement, unless all three are applicable, “provides reasonable trade discipline in which – and only there , the country`s labour laws are appropriate. Otherwise, our trade agreements would only include low and unacceptable labour standards. (29) Although Chile has a strong track record in supporting workers` fundamental rights, such differential treatment is considered insufficient to be used in other countries, particularly in Central America (30), and therefore raises for some the question of whether Chile`s agreement constitutes or should set a precedent. The trade in services chapter (Articles 22-31) deals with trade in services, including a separate annex on telecommunications services (Annex IX). The agreement applies to the four types of supply (delivery) of a service within the meaning of the GATS. The agreement is aimed at all service sectors. However, it was agreed that, in the case of financial services, the possible coverage and scope of liberalization would be reviewed two years after the agreement came into force. As in the GATS, the positive lists of specific commitments of each party are an integral part of the agreement.
These lists are reviewed every three years, or more frequently, to reduce or eliminate the bulk of discrimination between parties for trade in services under this section on services. Chile also has “complementary economic” bilateral agreements with Bolivia, Peru, Venezuela, Argentina, Ecuador, Colombia and Mercosur, as well as a partial agreement with Cuba. 31. (return) See: USTR, op. and the report of the Laboratory Advisory Committee for Trade Negotiations and Policy (LAC).