Analysis Of Labor Clause In Bilateral Investment Treaties Of The United States

The protection of labor rights belongs to the category of a country’s domestic law, but with the rapid development of international investment, labor rights in the field of international investment also needs protection. Bilateral investment treaty of the United States is the representative among countries, whose provisions on labor provisions have been mature enough, but China has rarely practice of putting labor provisions into bilateral investment treaties. With the evolving of the China-US bilateral investment treaty negotiations, the two sides have entered the stage of substantive negotiations, while the United States always take the bilateral investment treaty model as a template when negotiating with other countries, so our country needs considering that incorporating the labor clause into bilateral investment treaties. But the labor provisions should not copy the 2012 US bilateral investment treaty model, we should combine domestic labor law with international labor convention signed as our basic construct conforms. This paper, mainly uses the methods of empirical analysis and comparative study, through analysising the background and historical evolution of investment treaties American signed concerning labor provisions, we will get a preliminary understanding of labor provisions of U.S. bilateral investment treaties. Then this paper analyzes the labor provisions of 2012 bilateral investment treaty model, and contrasts between China and the United States of the relevant conventions signed, considering that China should incorporates the labor provisions into bilateral investment treaties, in the end making suggestions on labor provisions.