On Legal Issues Of Labor Protection In The Regional Trade Agreements

Whether labor rights protection should associate with trade liberalization is becoming the focus of dispute between the developing and developed countries on trade liberalization in the new century, and it is still inconclusive. All the developed countries think that labor rights protection should associate with trade liberalization in order to prevent developing countries" social dumping" and achieve the protection of human rights. On the other hand, developing countries are trying to stop the combination of both, and pointed out that developed countries put the labor rights protection into free trade negotiations like in the implementation of trade protection, is a new "blue trade barriers."From the first WTO Ministerial Conference in 1996 to 2003 WTO Ministerial Conference in the Cancun, developed countries continue to try to protect labor rights issues into the multilateral trading system.Although they has been frustrated under the boycott of developing countries. At the same time, regional trading system has shown a trade protection and labor rights of combining phenomenon." North American Free Trade Agreement" has been called the world’s first trade protection and labor rights of combining regional trade agreements. While efforts to achieve a high integration of regional economy, the EU began to focus on a unified social policy and labor protection policy is part of its core. Although MERCOSUR was founded by developing regional trade organization, but its "Marcos Social and Labor Declaration" clearly defines the specific content of labor rights.From the practice of labor rights protection issues continuously into regional trade agreements can be seen at the regional level, whether for trade and labor issues linked to conflict between developed and developing countries are not irreconcilable, how to create a labor agreement to seek both protection Balance is the key to solving this problem. The scope of the labor rights protection regulation mode and emphasis of rights protection are different among the NAALC, the European Union and the Marcos.And the scope depend on the economic development of regional organization and it is also affected by the policies of developed countries. The protection of the rights of labor reasonably should cover freedom of association and the effective recognition of the right to collective bargaining, the elimination of forced or compulsory labor, abolition of child labor, the elimination of discrimination in employment and occupation, and the contents of "decent work", which are also the individual countries generally accepted range.The level of protection of labor rights in the country depends on the level of country productivity. The productivity gap between the developed and developing countries should be considered by the regional trade agreements while the level of protection of labor rights are been set up. So that lowering request is reasonable for the developing countries. At the same time, trade protection under the developed countries is not allowed. In order to achieve an effective solution to the labor disputes, regional organizations may set up deferent agencies both in the Member States and the inter-regional organization. Although experts meeting can help assess and set up arbitration to resolve labor disputes and reasonable, but consultation should always be used as the main solution to the disputes. To make sure that the protection of labor rights can be effectively implemented it is necessary to set punitive measures. In practice, trade sanctions and fines are commonly used in various regional organizations punitive measures. However, trade sanctions are neither reasonable nor unfair way of punitive measures. And it will make the developing countries serious damage or take them into a vicious cycle. Taking the place of trade sanctions by the fine and Adhere to the principle of necessity and punitive measures is the right choice for violation of labor rights protection agreements behavior.