Research On Labor Protection Clauses Of The Free Trade Agreement

International labor protection is mainly stipulated in multilateral conventions and other legal documents under the framework of international law.However,due to the lack of enforcement and supervision mechanism of labor protection legal system,it has failed to play its due role.With the development of free trade,the solution to this problem has ushered in new opportunities.The new generation of the free trade agreements not only stipulates the rights of workers,but also provides relevant dispute settlement mechanisms,which is expected to achieve higher level of labor protection.For China,studying this issue have special significance.Although China has a large volume of trade,the level of labor protection is lagging behind the level of economic development.This is not only harmful to China's labor protection,but also to the smooth development of the free trade agreement negotiations.Therefore,it is important to make a comparative study of a series of the free trade agreements such as the United States and the European Union and learn its advanced experience.Based on the comprehensive analysis on characteristics of labor clauses in series of the free trade agreements,including the legislative form,content of right,relief and supervision mechanism three aspects,the author summarized different labor protection clauses similarities and differences,the advantages and disadvantages.It makes our country reflect on the present labor protection strategy for the sake of better performance on the labor problems in the future free trade negotiations.This article is divided into three parts:The first part mainly explains the birth and development of the labor clauses in the free trade agreements.This chapter explains the reason why labor terms appeared,then describes the international law system which was designed to protect labor rights before the free trade agreements were related,and finally summarizes the results and dilemma of international labor standards negotiations.The second part is to analyse and compare the labor protection clauses of the free trade agreements,mainly about the similarities and differences of the labor protection clauses containing the legislative form,rights content,relief and supervision mechanism.The third part is to improve the labor protection system in China's free trade agreement strategy.It will describe two aspects of improving China's free trade agreement negotiation template and giving full play to the supporting role of domestic legislation,so as to better cope with labor protection issues in the future.