Research On Social Clause In WTO

International human rights protection is receiving increasing attention and concern in the economic field under economic globalization. The topic of labor standards is not only repeated in the International Labor Organization and Organization for Economic Co-operation and Development, but also receiving more attention in the World Trade Organization system. There have been many proposals concerning the promotion of labor protection, including the stipulation of social clause and relating core labor standards with trade sanction. The issue of social clause is a reflection of such tendency.The paper first introduces some concepts concerning social clause, such as labor standards, international labor standards and core labor standards. Then, the author simply introduces the historical origin and developmental trend of social clause.In chapter Two, the author, from human rights, economical and political anger, expatiates on the views of the proponents and the opponents of social clause: human rights protection, social dumping, the race to the bottom, trade protection and sovereignty infringement, for instance. The essential of social clause is the result of different values and competition between the developed and developing counties.In chapter Three, the author analyses the necessity and the feasibility of including social clause into WTO and suggests that it can use the model of the items of anti-dumping, anti-subsidy and environmental protection for reference. The author also illuminates the implemental procedure of social clause. Then the author expresses his own opinions about it. Finally, the author exemplifies some other solutions to labor standards, such as positive incentives, product labeling and the code of corporate companies.In chapter Four, the author discusses the infection of social clause to China and the disparities between labor situation in China and core labor standards. At present, there are still a lot of cases which harm the legal rights of the labors in China. The measures that China takes to protect the labor rights are far from adequate.In chapter Five, the author points out the standpoint and countermeasures of China concerning social clause. In the international society, China should co-operate with the developed and developing counties. In the national community, China should perfect the system of freedom of association and collective bargaining, reinforce the legislation of anti-discrimination in employment and abolition of child labor, innovate the system of forced labor, develop the economy and improve the education.The author believes that it is the obligation for all of the counties to protect labor rights, and that international cooperation is helpful for a state to better its protection. The differences of labor standards among these counties are not barriers in the economic development and international community. The level of labor 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 labor rights in the international law. However, the adoption of trade sanction will arouse suspect of trade protectionism and political hegemony. The author advises to establish different levels of labor standards and to help the developing counties. Trade sanction should be the last choices.