Chinese participation suggestions for reconstruction of labor standards for international economic agreement
June 18, 2020 06:34 Source: "China Social Sciences" June 18, 2020 Total 1950 Author: Zheng Lizhen

Some large international economic agreements in recent years,Such as Canada、Japan、New Zealand、Vietnam、The "Comprehensive and Progressive Cross -Pacific Partnership Agreement" (CPTPP) concluded by 11 countries including Malaysia (CPTPP)、The United States -Mexico -Canada Agreement signed at the end of 2019,All contain stricter labor standards。From the perspective of globally,Since the 1990s,This kind of practice has been successively in the Americas、Europe、Oceania、The rise of Asia and Africa,and gradually expand from the International Trade Agreement to international investment and international finance,Almost cover the entire field of international economic law。According to a report from the International Labor Organization,Since 2013,More than 80%of the trade agreement is included in labor standards,Among them, the trade agreement between developing countries accounted for approximately 19.5%; in the international investment agreement reached from 2010 to 2014,Agreement incorporated into the labor standard accounts for approximately 40%of the total,The agreement between developing countries accounts for about 12%of the total。In the field of international financial law,Multiple members of the World Bank Group,Including international financial companies、Multilateral investment guarantee agency、The International Revitalization Development Bank has issued the "Social and Environmental Sustainability Policy",Integrated in the review of financing projects "Fair Treatment、Non -discrimination and equal opportunity "" Promoting Safety and Health "and other requirements。Therefore,It can be said that the protection of labor rights and interests has become one of the key issues of the 21st Century International Economic Agreement。Labor standards for international bet365 best casino games trade and investment systems affect the country and enterprises at the same time,and the labor standards in the international financial system mainly affect the enterprise。

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Labor standards for existing trade and investment agreements are recognized by the contracting party in labor legislation、Law Enforcement、sovereignty in judicial and legal supervision,This is the basic condition that attracts the participation of various countries。Despite this,These economic agreements are to varying degrees of labor legislation、Law Enforcement、Judicial and social supervision put forward requirements。The most common types are the most common types: one is "no reduction requirements",That is, the parties must not promote trade or investment by reducing the protection of the domestic labor law; the second is "not deviating from the requirements",That is, the party should not give up or deviate from the labor law to promote trade or investment。United States、Canada in practice,Except these two requirements,There are also three types of iconic terms: First, the enforcement requirements of "effective implementation",It must not be "continuous or repeated action or no action" that affects trade or investment,Not effectively implemented the domestic labor law,and not to be forced to implement resource allocation as a labor standard in the agreement; the second is the "judicial guarantee" requirements,Ensure that the workers have the right to resort to administration、Quasi -justice、Judicial Program or Labor Court,I have the right to request for compulsory execution,Make sure the transparency and legitimate of the procedures; the third is the "public submission" requirements,Allows the general public to appeal to another party on the issue of a parties to the other party,And under the condition of eligible conditions, the latter starts the labor standard dispute solution mechanism。Target negotiations with the EU separately,The practice of the United States and Canada is impacting the EU。For developing Bet365 lotto review countries with a low overall level of labor standards,If you participate in these agreements,Not only to solve the problem of insufficient or missing basic labor rights and interests in domestic atypical workers,It is also necessary to effectively improve labor law enforcement and judicial strength,Construct an effective social partner and social dialogue mechanism。

In addition,The labor standards of these trade and investment agreements also break through the traditional practice of non -adjustment of non -privileges,Began to embed the company's labor protection obligations into the agreement。The two agreements mentioned at the beginning of this article require the party to take the proper measures,Prevent imports from enterprises that use all or partial use of forced labor (including forced use of children)。"The United States -Mexico -Canada Agreement" allows the parties to be on the premise of not hidden discrimination to international trade,Enterprises that do not comply with labor standards are excluded from government procurement。other,The agreement and the trade agreement concluded by the European Union requires the parties to encourage enterprises to adopt an internationally recognized social responsibility initiative。The Bank of the World Bank will guide enterprises to protect the rights and interests of workers through project financing。

Labor elements as one of the core economic elements determine the internal connection of labor standards and economic agreements。The labor standards of the Economic Agreement responded to social public opinion on trade、concerns about social problems caused by investment and financial liberalization,Social expectations that reflect the more fair and stable economic globalization。Therefore,It can be said that the labor standard is included in the economic agreement with reasonable necessity。but,At present, some developed countries are practiced by economic sanctions to strengthen labor standard obligations,There is a danger of "economicization" of the latter excessive。For example,The trade agreement concluded in the United States for Bet365 app download nearly ten years,Including Peru、Colombia、Agreement concluded by Panama and South Korea and the "American -Mexico -Canada Agreement",Not only abandoning the appeal party that the previous agreement must consider when determining economic sanctions "the degree of failure to effectively implement the labor law and the duration of the duration", "the reason for failing to implement", "the level of implementation of reasonable expectations" and other society. factor,and whether the sanctions benefits obtained by the appeal party will not be used to improve the labor protection conditions of the appellant。Another example,The Amendment of the "United States -Mexico -Canada Agreement" is added in the book "Quick Answers to the Work of Labor on Specific Places"。Although the mechanism has repeatedly emphasized that its application must be based on goodwill,also required not to cause restrictions on international trade,But in all aspects of this mechanism,As long as the appealist or the expert group believes that the respondent does not respond,The program will automatically advance forward,Until the launch of revenge tariffs on specific enterprises,The political color and unilaterality of the mechanism can be seen from this。It is not difficult to foresee,Economic sanctions that do not take the protection of labor rights as the fundamental purpose,Not only may it lead to the stretched fiscal investment in the implementation of the labor law in the implementation of the labor law.,and may exacerbate the vulnerability of employment promotion and unemployment protection mechanism of the appealing party,So as to depart from the original intention of the design of labor standards。

  Multi -angle participation in the economic agreement labor standard reconstruction

my country and Chile、New Zealand、Swiss、The trade agreement concluded by Iceland and other countries also includes labor standards that are applicable to trade and investment issues,Asian Infrastructure Investment Bank and BRICS New Development Bank also formulated "Social and Environmental Framework",But these are with trade、Labor standards bet365 best casino games related to investment and financial activities are generally broad、Vague。The deep fusion between the domestic industrial chain and the global industrial chain requires us to participate in the reconstruction of the economic agreement labor standard with a more positive attitude。For this,I put forward the following three suggestions。

  First,The moral attributes of the trade and investment agreements are the main and auxiliary relationship of the moral attributes and economic attributes。The International Labor Organization in its 1919 charter clarified that the labor standards have three purpose,is to promote social justice,Maintain world peace; improve labor conditions,Maintain the basic rights of workers; "competition in the end" for preventing labor standards。The current development of some developed countries linking labor standards to economic sanctions is mainly based on the third purpose。But,The purpose and declaration of the International Labor Organization repeatedly emphasized,Labor is not a product。Based on this,The moral attributes of labor standards are the fundamental,When moral attributes conflict with economic attributes,The former should get priority consideration。Economic sanctions that do not count the effectiveness of labor rights and interests,The danger of evolving into "trade and investment protectionism"。This reminds us,Fight according to the time when necessary,Promote the guarantee of basic labor rights and interests、Promoting the sustainable development of human resources as the most fundamental purpose of the labor standard for the economic agreement。At the same time,It is necessary to actively promote social factors such as "the reason for failing to implement the labor law" and "the level of labor law that cannot be implemented" in the implementation supervision mechanism of the labor standards of such agreements.。In the case of some developed countries insisting on linked labor standards to economic sanctions,Considering that "the sanctions benefits obtained by the appellant should be used to improve the implementation of the Labor Law of the appellant" as a balance。

  Next,Promoting the positive interaction of the new system of the rule of law and a higher level of open economy。In the labor standards of the Economic Agreement, "the contracting legislation of the parties should cover the basic labor rights and interests of the workers", "No reduction requirements", and "effective implementation requirements",The provisions of the labor law and the direction of my country's labor law are basically the same,can be promoted in the trend。my country is currently accelerating the decent labor of the new format,At the same time, it is also to deal with stricter economic agreement labor standard negotiations.。

  Last,Legal consciousness and action capabilities of enterprises to respond to the challenges of social responsibility in the economic agreement。At present, there are three main corporate social responsibility initiatives that are more authoritative in labor protection: one is the "Three -Party Declaration on Multinational Enterprises and Social Policy" by the International Labor Organization,The labor standards involved in the declaration are relatively comprehensive。The second is the "Guidelines on the behavior of multinational corporations" by the organization of economic cooperation and development,This guide has a relatively complete set of complaints and follow -up supervision mechanisms,There is already Britain、United States、Canada、Germany、Brazil and other 49 countries participate,Trade investment and financial activities involve Chinese companies in these countries need to pay attention to。The third is the UN's "Global Contract",Its regulations are relatively simple,Only the core labor standards involved in four aspects,The additional threshold is lower,But the global contract label obtained helps improve the social acceptance of the company in the target market。It is recommended that Chinese companies on the basis of considering target market laws,Drawing on these three authoritative social responsibility initiatives,Formulation can effectively respond to social voices,Labor protection behavior conservation codes that meet their own ability to perform,To promote the stability of the relationship between multinational labor and capital。

  (This article is the State Social Science Fund project "The Standard and Countermeasure Research on Labor Standards in the Economic Agreement in the Strategic Back of the Free Trade Zone" (17BFX217) phased achievement)

(Author Unit: School of Law, Fujian Normal University)

Editor in charge: Zhang Yueying
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