Legal Analysis Of Labor Standard Issues In International Trade

Although the developed countries have failed to tie labor standards to trade in the WTO, they haven't given up their efforts in the unofficial way. The author analyzes the background, the current situations and law sources of International Labor Standards and makes a conclusion that WTO now is not the main execution body for the settlement of labor standard disputes, but discussing labor standard issues in the WTO will be inevitable.By analyzing the Corporate Social Accountability especially Social Accountability 8000, the author discusses the influences which they've brought to China, the differences between labor law of China and International Labor Standards and the problems of current labor law. Finally, the author attempts to present some references concerning the improvement of the laborer rights. On the one hand, China should try to get more advantages in the WTO negotiations. On the other hand, China should actively take measures to respond the nongovernmental challenges.This article is made up of four parts. Chapter one, the author simply analyzes the background, the current situations and the law sources of International Labor Standards. Facing the labor standard issues in the WTO, Chapter Two firstly discusses the disputes between the developed countries and the developing countries, then discusses the execution body of labor standards and points out that International Labor Organization has played a very important role in the practice of International Labor Standard, but it has no compulsory right and it is only a moral power. Unilateral labor law is violating the basic principles of WTO. Discussing labor standard issues in the multilateral trade system will be inevitable.Chapter Three analyzes the background, the form, the influences and how Corporate Social Accountability develops in China. The author points out that nongovernmental standards will be a very important power to promote the labor standard realized in the WTO.After comparing labor law of China with International Labor Standards, Chapter Four points out the problems of current labor law and puts forward some suggestions. China not only should fasten the ratification of International Labor conventions, but also should strengthen the enactment and practice of labor law for the purpose of protecting rights of Chinese laborers.