Research On The Labor Protection Clause In International Investment Agreement

The labor protection clauses in International Investment Agreement are gradually valued with the development of human rights issues.They have human rights attributes and public welfare,and are the core content of human rights protection.With the development of the humanization of international law,the change of investment target concept and the demand of social public interest development.It is inevitable that labor protection clauses will be incorporated into International Investment Agreement.And it is also conducive to protecting labor rights,building a good investment environment and promoting the sustainable development of the international economy.Extraterritorial Bilateral Investment Treaty,Regional Investment Agreement and Multilateral Agreement on Investment have provided labor protection clauses in preamble,text as well as supplementary documents.From mode selection to dispute settlement,they are good references for the improvement of Chinese labor protection provisions.Currently,China's labor protection clause is still in beginning stage,so there are many problems.Such as the insufficient understanding of the value of labor protection clause,the text model is imperfect,there are conflicts with other substantive law provisions,the dispute settlement system is imperfect,and follow-up enforcement measures are faultiness.Therefore,we need to clarify our legislative attitude to affirm the importance of incorporating labor protection clauses in investment agreement,and incorporate labor protection clauses in accordance with China's actual conditions,handle the relationship with other substantive law provisions,improve the labor dispute settlement system,and improve subsequent enforcement measures.We should establish labor rules with Chinese characteristics to enhance China's international economic exchanges in the field of human rights and labor.