Research On The Legal Countermeasures Against The Blue Trade Barriers In China

The blue trade barriers measures is an action of trade protection that developed countrieshave taken against developing countries, which have not been accepted by the majority of themembers in the multilateral trading system of WTO at the present stage,whose legitimacyand rationality are questioned by the vast number of developing countries. Investigating itsreasons, on one hand, the developed countries regard the protection of the laborers’ humanrights as a reason, requiring export enterprises in developing countries to implement thesystem of labor standards using the SA8000standard as the core, which seems in accordancewith the principle of human rights and the consumers’ psychology in developed countriesfrom the surface,but from the perspective of the principle of transparency in the internationaltrade,it is a process that permeating Western values to other countries through internationaltrade; on the other hand, the developing countries are based on labor-intensive industries, withthe industrial upgrading in developed countries, many labor-intensive industries have beentransferred to developing countries, having brought many employment opportunities to thesecountries, promoted the rapid development in these areas, but in recent years, structural tradedeficit that developed countries gives to developing countries becomes larger,under thesituation that the effects of other barriers increasingly weaken, developed countries began toimplement over-high standards of labor standard to export enterprises in developingcountries,which has been widely criticized.This essay is to study mainly about the implementation background, reasons and theeffects towards the related industry in our countries of the labor standards system that takesthe SA8000standard as the core, then to elaborate our country’s countermeasures to dealwith the blue trade barriers from the legal perspective.Specifically, it includes the followingfive aspects: the first part mainly analyses the literature research situation at home and abroadabout the blue trade barrier, as well as the significance and purpose of writing this article andthe background of select this subject,etc.; the second part studies primarily about the concepts,background, characteristics, patterns of manifestation and the influences towards China’sexport trade of the blue trade barrier,principally discusses the character of the blue trade barrier and the reasons of its controversy; the third part mainly analyses the current situationof domestic and foreign labor legislation, including SA8000that set by internationalorganizations and the basic content and framework of ISO14000standard, the reasons whyNorth and South countries argues about whether SA8000goes into the WTO agreement,andthe legislation and the implementation condition related to the labor standards in China,etc.;the fourth part is focused on the comparative study of blue trade barriers and our labor legalsystem, including the compatibility of domestic legislation and the SA8000standard,domestic and foreign legislation affecting on export enterprises,the lack of union organizationand labor law enforcement and other issues; the fifth part researches on the legal measuresagainst the blue trade barrier in China, mainly from The legislation, law enforcement andissues on the participation of formulating international trade rules.