Journal of Jishou University(Social Sciences)

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The Recent Development of Labor Clauses in Regional Trade Agreements and Its Enlightenment

LI Qin   

  1. (College of Economics,Central South University of Forestry Science and Technology,Changsha 410004,China)
  • Online:2020-09-01 Published:2020-12-18

Abstract: The trend of incorporating labor clauses into regional trade agreements has become more and more obvious,which is shown in the increasing number of regional trade agreements related to labor clauses,the diverse structure of contracted countries,the richer content of labor terms,and the gradual emergence of differentiation.The "compulsory" model and the "friendly" model are the main models for the development of labor clauses in regional trade agreements,each with their own characteristics.Under the "compulsory" model,the general dispute settlement mechanism including mandatory sanctions is applied to labor clause disputes,which has been put into practice;under the "friendly" model,the parties cooperate in the field of labor in a variety of ways,in which the general dispute settlement mechanism is not applied to labor clause disputes,but "friendly" solution such as government consultation and review is adopted instead.With a small number in China,regional trade agreements incorporated into labor terms are still in the primary stage ofdevelopment.In practice,we should change our concept to include more labor clauses in future regional trade agreements,formulating richer provisions,emphasizing differentiation and cooperation,guarding against the developed countries in excessively linking labor clauses to trade,and preventing the use of trade sanctions to solve labor problems.

Key words: regional trade agreements, labor terms, labor rights, dispute settlement mechanism

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