Law Research Of Blue Trade Barrier Issues

As the development of the free trade, the blue trade barrier has been the powerful tool for the developed countries to restrict the developing countries, and has been the focus of governments and academia all over the world in recent years. It can be foreseen that the issue of blue standards will be incorporated into the WTO multilateral trade system will be an irresistible trend, China is a big country of trade and a member of WTO, at the same time, it's also the country of most blbours and the biggest labour market, so the blue trade barrier is a problem unavoidable.The chapterl of the paper makes a theoretical summarize of the concept, the background, and the legal origin of the blue trade barrier, and makes a brief introduction of the SA8000 which is used in common in the third party certificate. The chapter 2 emphasizes the related rules of the protection for the labour in the international society and the introduction of the rules of the protections in the ILO, WTO, NAFTA, EU, USA, and some other power in society, which provides the academic and practical basis. The chapter 3 pays more attention on the opportunity and challenge that the blue trade barrier brings to our country. The wal-mart's case indicates clearly of the realistic expression of the blue trade barrier, and figures out our position of this problem. The chapter 4 makes a detailed comparison between the rules of labour standards in our country and the core labour standards, finds the drawbacks in our legal system. The chapter 5 analyses the realistic expression of the labour's problem in our country, concludes the measures and legal advises to conquer the blue trade barrier.The main achievements of this paper are the measures and legal advises to conquer blue trade barrier for China. Our country should conquer blue trade barrier in three aspects: the government, the enterprise and the guild. The government should be in sufficient virtue of the WTO system to participate in the international negotiation and constitute the rules in the international aspects; and should also perfect our law and rules, strength the executing power, construct the social liability standard system in internal aspects, play the dominant role sufficiently. The enterprise should abide the regulation of the laws, pay more attention of the protection of the labour rights, attach importance of the related standard certificate, play the main body role. The guild should cooperate with the government and the enterprise, play the cooperated role.