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Legal Analysis Of Labor Standard Issues In International Trade

Posted on:2007-05-28Degree:MasterType:Thesis
Country:ChinaCandidate:P PingFull Text:PDF
GTID:2166360185950945Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The issue of labor standard in international trade has been the focus that the developed country has disputed with developing country all the time. The developed countries argue actively to connect labor standard with international trade directly, in order to weaken the advantage on labor's intensive industry of developing countries. So developing countries object to promote the implementation of labor standard through the means of trade sanction. The free trade, the progress of labor field and the development of the society are all goals that the mankind pursues, but it is irrational that the labor standard is improved by utilizing trade sanction. As the member states of World Trade Organization and the original country of International Labor Organization, China should treat the issue of labor standard scrupulously, because it will exit for a long time and may become topics of one new round of negotiations of WTO. So, studying the issue of labor standard in international trade from the aspect of law has very important meanings. The article studies this problem through theoretic analysis, comparison and generalization, historical analysis, and case analysis.This article is divided four parts besides foreword and conclusion.Part one explains the general theory of labor standard question in international trade in. On the basis of making a detailed explanation on the concept of labor standard, the content of labor standard, the article focuses on the origin of labor standard in international trade. This article thinks labor standard has promoted the development of international trade to a certain extent. The main reason is that it has promoted forming of the fair, orderly, healthy competitive environment, however, there are some negative influence on labor standard in international trade. This reflects the phenomena of loose standard and phenomena some countries utilize labor standard to form unilateral trade barrier. Developed countries aims to make the unilateral trade legalized. Because of the reason, the issue of labor standard in internationaltrade is approved.Part two discusses the legal sources on labor standard in international trade. The legal sources of the following are analyzed in this article: preamble of Protocol of Marrakech to Set up WTO" and the goal of TBT, article 20 of GATT1994 and General Agreement on Trade Service. And the article analyzed other law documents too. For example the documents of the international organization, including the documents of the United Nations, the documents of ILO, regional international file, bilateral and multilateral trade agreements and relevant legislation. The legal documents cover some aspects of labor standard, but it is a pity that these legal documents have no direct discipline forces.Part three discusses conflict of the labor standard in World Trade Organization The conflict of labor standard in World Trade Organization is long standing, and the focus of the conflict is whether to enact the "social clause" under the rule of WTO or not. Because of the economic benefits of the developed country and political purpose, developed countries argues to make the "social clause" under World Trade Organization's regular system, developing countries object this opinion. The article evaluates and analyses the issue mainly to use Non-discrimination, the article 20 of GATT 1994, General Agreement on Anti-dumping Protocol", Trade and Technological Barrier Protocol". The article draws the following conclusions: It is unreasonable to connect the labor standard with international trade by enacting "social clause", but it has realistic possibility to establish a certain connection between them. On this basis, this article has imagined the route that World Trade Organization coordinates the relations of the labor standard and international trade, The article put forward the advice appropriate mechanism of connecting should be set up, which make labor standard problem solved in International Labor Organization and admitted and responded on the inside of World Trade Organization.Part four expounds the legal countermeasure that our country copes with the labor standard issue in international trade. Our country is being hinderedby anti-dumping probe and trade handicap related to labor standard question constantly after entering WTO, so our country should solve the labor standard question in international trade properly. The article suggest that our country should cope with the problem by executing some measures, specifically including: Speed up the steps of sanctioning the international laborer's convention appropriately;Improve the labor law of our country;Strengthen the responsibility of enterprises in the course of implementing labor standard;Cooperate with developing country actively on the issue of multilateral labor standard.
Keywords/Search Tags:Labor standard, Core labor standard, International trade, World Trade Organization, Social clause
PDF Full Text Request
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