The Juristic Analysis Of Trade-Related Labor Standards

With the development of economy globalization, the benefits between nations become unbalanced, which results in the contradictions and conflicts, most relating to the social affairs tied up with international trade, such as polarization between the rich and the poor, human rights and labor force problems. This article gives a brief introduction on the labor standards relating to trade in 4 chapters.Chapter one introduces the history, concept and law origin of labor standards. It indicates that the labor standards matters originated with the development of productivity and have become an international problem tied up with the economic benefits between nations accompanying the gradual expanding of international trade.Chapter two indicates that the development of economic globalization and expanding of international trade do not bring benefits to nations and labors, but aggravate the long existing contradictions between the developed countries and developing countries. The contradictions include whether the international labor standards should connect to the international trade, which means whether the social items should be added in the international trade agreement. It introduces the point of views and reasons of developing countries and developed countries respectively and puts forward that the development of economy naturally requires the development of the society. As the biggest organization of multilateral trade system, WTO mainly constitutes its regulations after the developed countries. Determined by many complications, connecting the labor standards and international trade is inevitable requirement and trend.In chapter three, on analyzing the principles and purpose of the world trade organization and the reality of introducing labor standards into WTO, the author pointed out that the precondition of binging labor standards into WTO is to promote the communication between developed and developing countries and establish miscellaneous labor standards on the base of protecting the basic human rights to make it acceptable by countries in different developing phase. The labor standards and free mobility of labor force should be implemented at the same time. The free mobility of labor force should be closely connected with the process of including labor standards into the framework of WTO to embody fairness and justice. Meanwhile, multi-lateral conventions should be signed through multilateral negotiations to balance the mutual benefits and make special regulations to encourage its implement in each country to actualize the labor standards in means of benefit measures and technologic support instead of economic sanction. This might be the appropriate way to bring labor standards into WTO.In the last chapter, the author pointed out that as the one of the largest developing countries, Chinese government is always working actively in the treatment of labor rights. However, in the same time of enjoying our achievement, we should face up to our discrepancy with the international labor standards. When constitute our own labor standards, we should refer to the core labor standards of International Labor Organization and strengthen the enforcement of law and protection to appropriately deal with the labor standards affairs in order to build a favorable international environment for future development.