WTO And Social Clause--A Legal Dilemma In The International Protection Of Labour Rights

International human rights protection is receiving increasing attention and concern in the economic field under economic globalization. Labour rights protection is usually under the regulation of domestic law, but it may be affected by other countries under economic globalization. The issue concerning core labour standards is a reflection of such tendency. The topic of labour standards is not only repeated in the International Labour Organization and Organization for Economic Co-operation and Development, but also receiving more concern in the World Trade Organization system. There have been many proposals concerning the promotion of labour protection, including the stipulation of social clauses and relating core labour standards with trade saction.The paper first introduces the development of social clauses concerning core labour standards. The reason why core labour standards and social clauses should be discussed in the regional and global economic organizations is because some countries believe that the low labour standards in the world will do harm to the economic benefits of the countries adopting higher labour standards.In Chapter Two, the author analyzes the relationship between the labour standards and international economy to see whether labour standards difference has changed of international trade pattern and flow of capital. The author also discusses the determinants of labour standards level, either state institutionalization or development of productivity, and the causal relation between economic development and labour rights protection.In Chapter Three, the authors points out the achievements and shortcomings of the current international law in labour rights protection, and discusses the advantages and disadvantages that may occur when WTO, as a world economic organization, is involved in development and enforcement of the international labour standards.In Chapter Four, the author discusses the realization and enforcement of international labour standards, including the method of trade sanction, whose effects also deserve serious concern, and other measures.Finally, the authors studies the practice and experience of other countries including Korea, Central and Eastern Europe and Argentina, and discusses what efforts and attempts China, as a member of many international organizations, can make to protect the labour rights and to cope with the possible stipulation of international labour standards.The author believes that it is state obligation to protect labour rights, and that international cooperation is helpful for a state to better its protection. The difference of labour standards among the countries is not a barrier in the economic development and international communication. The level of labour standards does not change the international trade pattern and flow of capital. The stipulation of a social clause in the WTO system can better the protection of labour rights in the international law. However, the adoption of trade sanction is not proper under economic theories and the factual practice, and will arouse suspect of trade protectionism and political hegemony. ILO can well accomplish the task to cooperate with national governments and enterprises to enforce international labour standards and protect labour rights. China should support and promote the international protection of human rights and should object any country or organization's other purposes under the name of human protection.