Research On Labor Protection Clause In International Investment Treaty

This paper focuses on the center of labor protection in the investment treaty,summarizes and analyzes the important concepts,the status quo of the contract and the arbitration practice.The purpose is to discuss the existing investment treaty in China on the issue of labor protection and the future of China's investment treaty negotiations in the labor protection clause should take what kind of negotiation position.This paper is divided into four parts:Chapter I provides an overview of labor protection clauses.This section examines the history of international investment treaties and labor protection issues.And try to clarify the relevant concepts of international labor protection.To distinguish between the object of labor protection and adjustment of domestic labor law object.Chapter II is the contracting practice of labor provisions in the International Investment Treaty or Investment Section.First of all,from three aspects of the investment treaty into the labor protection provisions of the difficulties.Second,the existing investment treaty labor protection provisions into the model were roughly classified,and analyzed the pros and cons of each type.Finally,the paper analyzes the concrete language expression form of the labor protection clause,and expounds the interest demands expressed by the different forms of expression.Chapter ? is the practice of arbitration of investment disputes involving labor protection.In accordance with the reasons for foreign investors to initiate international investment arbitration,enumerating some cases involving labor protection issues.To examine the different attitudes of the arbitral tribunal in respect of the labor protection issues involved in the case.Chapter IV is the construction of our country's investment treaty system.By examining the contractual status of labor protection provisions in China's existing investment treaties,we put forward the negotiating position of our country to deal with the terms of labor protection in the current situation.And for future investment treaty negotiations in my country what form of labor protection clause to make recommendations.