The Enforcement Of International Labour Standard:Theory Of Multi-dimensional Cooperation

The last decade, the international community is very concerned about International Labour Standard issues. There are so enormous controversy on connotation and denotation of international labour standards, defining core labour standards and whether labour provisions should be inserted into multilateral trade rules. The paper focuses on the problems of the enforcement of international labour standards through analysis of relevant issues. Finding of the reasons of the challenges on the enforcement of international labour standards, we can answer the problems of the enforcement of international labour standards from the way of multi-dimensional cooperation. We believe "no case, no real justice" and "no case, no consensus", so case-study makes us much better understanding of the research path and finding the right way.In addition to the conclusion, the main part of the paper is divided into five chapters.The first chapter briefly discusses the development of the international labour protection, and describes the relationship on the labour relations and the labour rights. From the historical perspective, the paper describes Western labour laws, such as the British labour law, labour law of the Netherlands, French labour law and American Labour law in early capitalism. Obviously, labour protection originated in Western countries, and this way was more popular in domestic social governance. Therefore, the labour protection is one of the modes of global governance. The establishment of core labour standards and generally recognized by the international community is a useful practice for the protection of labour rights, and is an important manifestation of the universal values.The second chapter discusses the theoretical basis of the enforcement of international labour standards, and describes the two pairs of areas:international labour protection and human rights theory, international labour protection and international order, international labour protection and international trade order. First, the nature of international labour protection is a kind of requirements of international human rights, and international labour law is an important branch of international human rights law. Second, the category on the international labour protection and international order is to goodness each other, mutual restraint, mutual promotion. International Labour protection is the basic requirements of the international order, and the stable international order is the basic conditions of the international labor protection.The third chapter discusses the challenges on the enforcement of international labour standards and the environment on the enforcement of international labour standards. The implemented mechanism of international labour standards has been widely questioned, and members of international labour organization adopted the numbers of fundamental labour conventions and its ratio is not high. The implementation of the labour conventions is still stuck on the voluntary basis of members, and is not effective of enforcement and lack of transparency. This chapter focuses also on discussing the link of trade agreement and labour standards and their interaction. Developed countries attempted to take sanctions on developing countries which were violating of core labour standards within the framework of WTO, but the attempt did not achieve. Because the measurement is not consistent with the basic values of the international community, also in violation of the principle of the sovereign equality of States consultations, and the measurement is a "dog in the manger". Embedded in the labour provisions in bilateral and regional level spreading, but the trend not threatens international trade relationship and labour provisions in trade agreements have limited impact on the enforcement of labour standards.The fourth chapter review of the cases involving the ILO, RTAs and other modalities of implementation of international labour standards, and we can conclude proofing the importance of the enforcement of diversity of international labour standards, the enforcement of diversification of the main and the expansion of the content. The conclusion confirms the effectiveness and legitimacy of the purpose of this article:multi-dimensional cooperation. Analysis can also be drawn from the series of case:the form that western countries want to sanctions on developing countries from’fairness and justice’of labour clause is no way, because the sanction was not supported by the state practice. Through the ILO’s state programs, cooperation with the local government plans, capacity training programs and business cooperation projects, it can not only improve the labour protection level, and can effectively enhance the ability of labour administration or authority. In short, the enforcement of international labour standards on multi-dimensional cooperation justified in theory and is feasible in practice.The fifth chapter discusses the Chinese practice of the enforcement of international labour standards. Including the useful experience of EU social policy and ILO’s’decent work country programmes’, and China with other countries of international labour disputes will give us more revelations and truth. The three aspects of experience make clear that China took the progress and made mistakes in the field of implementation of international labour standards. Undoubtedly, promotion of all levels of governments and the social partners’ participation on the action of the enforcement of international labour standards will be challenged, and interested through the multi-dimensional cooperation.The article’s conclusion part reiterated the multi-dimensional cooperation is the right road of the enforcement of international labour standards, and authors believe the practice come to the truth.