Study Of The Issue Of Labor Standards In International Trade

With the development of economic globalization and trade liberalism, the problems among international trade and international labor standards becomes one focus in the field of international trade. The developed countries try to claim that international labor standards should be contacted with international trade, while the developing countries oppose it strongly. Especially after the foundation of the WTO, the dispute becomes more and more drastic. At present, there is no unanimous attitude about the problem in the international society. According to this, SAI (Social Accountability International) made SA8000 (Social Accountability 8000) in 1997.which made the problem has been becoming a hot topic in the world again.But in fact international labor standards have more influence on international trade. So it is necessary to study the problem and find out a feasible solution in order that the progress about international labor standards and international trade becomes healthier and harmonized. The treatise including five parts analyzes the problems between international trade and international labor standards and brings forward many idiographic suggestions about the practice of China.To be concretely, the first part of this paper introduces the background and current situation of labor standards in the international trade, meanwhile, this part also introduces the law origin of the labor standards. According to the fundamental ILO conventions and the recommendations, international labor standards mainly include four aspects: freedom of association, freedom to organize trade union and the right to organize and bargain collectively; abolition of child labor; abolition of forced labor; nondiscrimination in the workplace.The second part mainly discussed the relevant problems between labor standards and WTO, which is the key of the paper. Firstly, this part enumerated the propositions and reasons about the dispute among the developed countries and developing countries, and then it analyzed the dispute substantially. Secondly, it analyzed the interrelation between international trade and labor standards respectively from the angles of economics and human rights theory. Connecting with the reality possibility of WTO handling labor standard problem, this part pointing out that labor standard issue is regarded as one of the challenges in the development of WTO in the future. Finally, this part attempted to design the system of bringing labor standards into WTO and discuss the questions we should pay attention to. It claims that labor standard should possess the flexibility.The third part mainly discussed a new form of Corporate social responsibility movement: SA8000.This part analyzed the background and the contents of SA8000. Meanwhile, It discussed the possible manners of developed countries supporting this standards. Lastly, it analyzed the impact of the corporate social responsibility movement made on China. At the end of this part ,It pointed out that international labor standards have affected ours society by code of conduct and SA8000.It will be a obstacle for developing countries if labor standards is too high, so we should remove the obstacle by cooperating with developed countries.The fourth part is "international labor standard and labor legislation of our country" .It analyzed the relationship of the two and pointed out the current situation of labor legal system of our country. And then, through comparing with the legal system of current work of our country and the standards of the labor of ILO, analyze the defect and deficiency in labor legislation of our country form association right, collective bargain right, equal to obtain employment right, forced labor and child labor issue five aspects.The fifth part is "our country participates in the countermeasure of the international labor standard". This part analyzed our country's countermeasure of international labor standard under the big situation that both at home and abroad at present. It's time for our country to perfect "trade union law" and "labor law" further, ensure workers freedom of association right and collective bargain right, advance the reform of system of the household register progressively, dispel the discrimination while obtaining employment, strengthen the implementation and supervision of the law, stop the phenomenon of employing child labor, reform the system of labor reform, abolish the system of labor reeducation. Except that perfect work legal system of our country, we should also participate in the activity of International Labor Organization actively, study and sanction the convention about international labor standard of ILO conscientiously. Finally, it claims that labor standard should consider the reality of different development levels of nations. It is proposed that according to the concrete conditions of every country, international labor standard is that "similarity and differences together", consider the benefits of developing countries conscientiously.