Research On Labor Standards In American Free Trade Agreements And Its Enlightment To China

In recent years,with the increasing trend of economic integration,not only led to the free movement of goods and capital on a global scale,but also led to the free flow of labor,especiallya large number of labor force from the developing countries to enter the international market,bring no small competitive pressure to the employment of developed countries.So the international community will focus more on labor standards.And the debate over whether international labor standards and trade are linked isalso gaining ground,it not only becomes the focus of debate among scholars,but also becomes the focus of game between developed countries and less developed countries.As the largest economy,the United States is the forerunner of lingking labor standards with trade.At the beginning of the WTO,the United States actively promoted the integration of labor provisions into the multilateral trading system,which was failed by the strong resistance of the majority of developing countries.But the United States did not give up on it and turned its attention to bilateral and regional trade agreements.Beginning with the NAFTA,when the United States signing the free trade agreement with other countries,joined the labor standards without exception,including the scope of rights protection,the obligations of both parties,organizations,dispute settlement procedures,sanctions and so on,have made a significant impact on world negotiations and signing a free trade agreement.At present,the inclusion of labor provisions in free trade agreements has become an indisputable fact.Over the past 20 years,labor standards have been widely used in free trade agreements.Not only developed countries,but also the vast number of developing countries,including China,are inevitably faced with free trade negotiations in the inclusion of labor standards.China as the world's first populous country,labor resources is very rich,but with the continued decline in the demographic dividend,,the advantage will gradually reduce in the future.In the wave of regional economic integration,China has also joined the ranks of incorporating labor standards into free trade agreements.In the future,in the FTA negotiations with the developed countries,labor standards can not be avoided.Therefore,in the face of China's economic transformation and the urgent need to protect the interests of workers,we need to learn some experience to explore our own way.The United States is the most successful country in linking labor standards to trade,and it has a set of labor standards.This paper analyzes the characteristics,roles and shortcomings of the the labor standards in American FTA,analyzing the main contents of the labor standards in the US Free Trade Agreement,namely,the scope of their rights protection,the level of protection of rights,labor protection mechanism and dispute settlement procedures.And provide reference for the inclusion of labor standards in China FTA.This paper is divided into three parts:The first part is an overview of labor standards in the U.S.Free Trade Agreement.This part mainly introduces the North-South dispute between trade and labor,the development process of labor standards in American Free Trade Agreement,and the reasons for the inclusion of labor standards in the United States Free Trade agreement,in order to have a comprehensive understanding of the development of labor standards in the United States in free trade agreement.The second part is the study of labor standard clause in American free trade agreement.This part mainly introduces the main features,functions and shortcomings of the American FTA labor standard by introducing the main contents of the labor standards in the US FTA,and provides reference for our country.The third part is the enlightenment to China:the countermeasure of constructing labor standards in China Free Trade ZoneT.his part introduces the domestic and foreign background of China's FTA's inclusion of labor standards,the practice of labor standards in FTA in China,the proposal of establishing labor standards in FTA of our country.By comparing the labor standards of FTA in China with the United States,find out the problems,to put forward some suggestions.