| With the whole society focus more and more on human rights, as the human rights of work, labor rights are legislated in International Convention widely. Protection of labor rights has become the countries' obligations and corporate social responsibilities. In the era of globalization, labor rights make relevant economic effects and legal impact on International Investment. On one hand, improvements are required in workers'wage, welfare and working conditions, which may increase production costs of International Investment. On the other hand, with growing influence in investment, the bargaining power of trade unions is enhanced. It brings about new type of risk by exercise of collective labor rights. Nowadays more focus is given on the issue of labor standards and trade than the standards and investment. There is still legal vacuum in the issue of investment and labor protection; few provisions regulate the labor protection in bilateral or regional investment agreements. With above-mentioned purposes, this thesis includes four chapters.Chapter 1 discusses the overview of protection of labor rights in International Investment. List the provisions of International conventions on labor rights and illustrate important conventions and recommendations of International Labor Organization. Make sure that the connotation of core labor standards includes freedom of association and right to collective bargaining, elimination of all forms of forced or compulsory labor, effective abolition of child labor, and elimination of discrimination in respect of employment and occupation. Meanwhile, analyze countries' obligations to protect labor rights and the development of corporate social responsibility. Under globalization, the protection of labor rights get great advancement and make strong links with International trade and investment, which make it necessary to be regulated by law.Chapter 2 elaborates legislation efforts of labor protection in International Investment, analyzing the measures provided by law. Introduce labor standards in unilateral generalized system of preference and the employee consultation of European countries. Analyze the provisions of bilateral investment agreements on labor issue, such as America and China. List the provisions of multilateral investment agreement, soft laws as OECD Guidelines for Multinational Enterprises and regional agreements, including NAFTA,.European Union and China-ASEAN free trade agreements. The Chinese legislation is still far behind the North America and European, which should learn from them and list the explicit rights. Chapter 3 illustrates the character of new risk caused by labor protection. With the increasing protection of labor rights, more countries regulate the acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health. It makes the cost of investment increased; on the other hand, the rights of trade union get great power, which makes the management of corporation limited. In the process of enhancing protection of labor rights, new risk may be raised, which may make effect on all subjects. The risk of labor rights make the interests expected by investors lost or reduced. Although there are some differences in the subjective, expression and MIGA insurance coverage, a new type of political risk has been formed.Chapter 4 describes current legal system of China on labor protection and point out some drawbacks. Based on Chinese situation, recommend some suggestions for Chinese legislation of labor protection in International Investment. In the process of Chinese overseas investment, we should prevent the labor rights risk, make due diligence, lower the effects of protection of labor rights abroad. During the investment in China by foreigners, we should improve the right system of labor protection and increase the law enforcement of labor standards. Make safeguard for investor interests and promote domestic labor protection. |
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