Analysis On Labor Clause Of American Investment Treaties

With the development of international law and the principle of human rights protection,labor issues get more and more attention from the United States and other developed countries.But China's investment treaties didn't involve labor problems.This difference does not conducive to sign investment treaties.At the same time,with the implementation of the "The Belt and Road" strategy,China actively responds to the profound changes of the global situation.This requires that we must attach great importance to labor clause in investment treaties,while the United States practices in the field of mature,this paper aims to study the labor clause in investment treaty,to provide a reference for our country.The first part of this paper is an overview of labor clause in American investment treaties.This paper mainly introduces the background and the historical evolution of the labor clause included in the investment treaties,and summarizes the characteristics and functions of the labor clause in the American investment treaties.At the same time,it forms a preliminary understanding,laying the foundation for the following specific analysis and commentary.The second part is the specific analysis of the labor clause in American investment treaties.The main contents include the analysis of labor terms of the model of bilateral investment treaty,the North American Free Trade Agreement and other free trade agreements.Through horizontal comparison of various types of labor clause,the paper summarizes the labor clause in American investment treaties,analysis the advantages and disadvantages of these labor clauses.The third part of this article is the inspiration of the labor clause in American investment treaties,which is the key part of this paper.In this part,the paper summarizes the practice of China's current investment treaty in the treatment of labor problems firstly,and then analyzes the necessity and feasibility of incorporating labor clauses into investment treaties.Based on these,the paper puts forward some suggestions on the concrete practice of China.At the end of the paper,the author sums up the whole thesis and reiterates the importance of the labor clause in investment treaties.Facing the changes in the international investment environment,China should actively adjust their development policies to adapt to the change and to seek the rapid development of China's economy.The inclusion of labor clauses in investment treaties can help China to remove barriers to achieve the development in the field of international investment,and make China more active in the protection of laborers'rights and interests in the field of international investment.