An Analysis Of Labor Law Enforcement Obligations In Free Trade Agreements Signed By The United States

It is a consistent practice of the United States to include labor issues in international trade.The United States not only pays attention to the labor protection level of the Contracting States,but also pays more attention to the labor law enforcement situation of the Contracting States.The author combs the labor law enforcement obligations in a series of trade agreements signed by the United States,and finds that the United States includes the government administrative law enforcement related to labor law,the litigation rights related to labor disputes,procedural security and the publicity of labor law into the labor law enforcement obligations.In TPP,the U.S.family subsidiary agreements to Vietnam and other developing countries strictly enforce the labor law enforcement obligations of the parties,reflecting the U.S.attitude and trend on this issue to developing countries.In the dispute settlement mechanism related to labor law enforcement,all labor law enforcement obligations can be applied,but the applicable matters are not specific enough.And in the adjudication process,the basis of the adjudication body to determine a country’s violation of labor law enforcement obligations is not clear.That is to say,there is no objective and reasonable standard to judge whether a country can fulfill its labor law enforcement obligations.Therefore,based on the analysis of the common influencing factors of a country’s law enforcement situation,this paper predicts how the United States will build the judgment standard of labor law enforcement obligations,what impact China may be affected by,and how to face it.In order to judge whether a state party needs to bear the responsibility of failing to perform its labor law enforcement obligations,it is necessary to judge whether the government of a state party intends to relax domestic labor law enforcement on the premise that the State Party does not perform its labor law enforcement obligations well.The concrete embodiment of the subjective intention of the State Party’s government is the national policy.Different policy influences are distributed in different angles and levels,and change with the overall development.These national policies can be confirmed by quantitative analysis and integrated into judgment criteria.The author believes that the export-oriented trade policy,social security policy,enterprise policy,national individual protection policy and publicity and education policy have a great impact on labor law enforcement,and these influencing factors play different roles.At the same time,with the emergence of a judgment standard,the labor law enforcement obligation and the dispute settlement mechanism related to the labor law enforcement obligation may have some changes.It is very disadvantageous for China’s international trade for the United States to construct the judgment standard of a country’s labor law enforcement and promote the corresponding agreement norms.China may be able to offset some of the adverse effects of the labor problem itself by promoting the universal application of judgment standards and rationalization changes.In the long run,with its own development,perhaps this trend will complete the fight for its own dominant power,and bring this rule system into its own dominant role,which also has a certain role in promoting the domestic labor law enforcement situation.