| With the deepening development of economic globalization, the international labor standards has been the hot topic in the circles of law and international trade and economy.International labor standards, which is also called blue trade barrier, refers to the rules and regulations made by international organizations and multilateral agreements for the purpose of protecting workers’basic human rights. Any goods in violation the above rules can not share the preference treatment given by importing countries or even be forbidden importing. From the view of law, labor standards,is to protecting the human rights of special groups, and is a kind of social justice.For this matter,there is different understanding between developed countries and developing ones. For developed countries, they commonly think that trade development is for the need of people, if the goods is produced in violation of human rights, then it is the deviation from social development. So they prefer to bring the international labor standards into WTO for the purpose of forming a generalized rules used globally.On the contrary, the developing countries insist that labor standards be countries’internal law affair. Because of differences in social development among countries, it is unwise and unable to form unified standards worldwide. They also point out that the developed countries which are high on a unified labor standards is now put forward a new trade barrier.Although the developing countries are unsatisfied with the proposal presented by rich countries, and fighted against them in Ministerial conference both in GATT and WTO several times, one thing can not be neglected,that is, the voice of improving workers’ welfare, paying attention to workers’life and their working environment becomes stronger and stronger, especially fueled by consumer movement originating from west countries. So the above phenomenon, to some extent is a kind of trend of protecting human rights. For China, such a trend leads to many influence, one is the increasing foreign trade confliction, the other is increasing labor confliction. To solve the problem brought by the international labor standards, my opinion is bring the international labor standards into WTO and make necessary amendment to China’s present labor law.The thesis contains three parts, namely introduction, main body and conclusion, totally about40000words.In the first part, there is a general introduction about international labor standards. By briefly introducing the concept about international labor standards at first, this part explains details about the development of ILS, its fundamental of law and the source of law.In the second part, the thesis mainly introduces the relationship between international labor standards and international trade. This part is important in the whole framework of the passage. Because it links the international labor standards and international trade together, and makes my study have practical significance. From the concept of production cost, this part explains how the two things come together, and then their development. Finally, on the basis of analyzing the difference between developing countries and developed countries, point out the true attempt of the difference.In the third part, mainly introducing the influence brought by international labor standards, that is, foreign trade conflict and labor conflict both of which lead to positive and negative results.In the fourth part, mainly introducing the idea of bringing international labor standards into WTO. It firstly analyzes the necessity,then the feasibility and last the method. Of course, for the sake of having persuasion, some additional but necessary parts are also included.In the last part, it is mainly about coping strategy on labor law legislation. It includes early adoption of international convention about rights of association and right of collective bargaining, perfection of labor union law, abolition rules of reeducation through labor and so on. |
PDF Full Text Request