Research On Labor Protection In Bilateral Investment Agreements

Labor protection clauses in bilateral investment agreements are labor protection clauses introduced in bilateral investment agreements between countries or regions.The relationship between labor protection and international investment is quite complex.It has not attracted the attention of scholars for a long time in the international community.As for the practice of the agreement,the purpose of systematicization and integration has not been realized.With the rapid development of globalization,international investment has become the engine of global economic integration,and the impact of the trend of humanization in the international community is increasing.The protection of labor rights is stipulated in the labor clauses of investment treaties.The first choice.The United States first opened the door to include labour clauses in bilateral investment treaties.With the development of the times,although the United States had previously not considered the inclusion of labor protection clauses in investment treaties,its attitude has been transformed into active advocacy for maximizing its own interests.Some developing countries believe that the inclusion of labor protection clauses in investment treaties by the United States is a disguised protectionism policy adopted by the United States.However,it is undeniable that the tendency of the international legal person becomes more clear,and the incorporation of labor clauses in investment treaties is a matter of conformity.The general practice of this trend.This measure is of great significance to the economic development and human rights protection of developing countries.The inclusion of labor protection clauses in bilateral investment agreements has undergone a process from scratch.Before 1994,all countries did not put into practice the inclusion of labor protection clauses.Since 1994,after a certain period of theoretical discussions,the United States took the lead in protecting workers.The clauses are included in the investment agreement.Subsequently,Canada and other countries keep up with the trend,either in the form of a preface or in a special chapter,and continuously include the clauses on labor protection into the investment agreements of various countries.From the perspective of international trends,it is unavoidable to include labor protection clauses in investment agreements.China must attach importance to the issue of labor protection in the field of international investment.This article first demonstrated the basic theoretical basis for the inclusion of labor protection clauses in bilateral investment agreements.Although there are different theoretical disputes on this issue,this article believes that based on the development of the investment field,international interests tend to shift investor protection to investor and host country interests.The balance of the trend is based on this point,and the inclusion of labor protection clauses in bilateral investment agreements has sufficient theoretical support.In response to the legal issues arising from the inclusion of labour protection clauses in investment agreements,the author takes the United States' Bilateral Investment Agreement 2012,the North American Labor Cooperation Agreement,and the Trans-Pacific Protection Agreement as a blueprint to analyze in depth the possible legal consequences of the inclusion of labour protection clauses in bilateral investment agreements.Issues such as sexual issues,conflicts of sovereignty,and arbitrability issues.After analysis and argumentation,the author believes that the inclusion of labor protection clauses in bilateral investment agreements is reasonably reasonable and legal,and there will be no sovereign conflict.The fact that the state has sovereignty will never change.The inclusion of labor protection clauses in bilateral investment agreements has only changed The way sovereignty is exercised.In addition,China should insist on the arbitrability of labor protection clauses,and should not leave the dispute arising from labor protection clauses in a state of uncertainty.With the construction of the “One Belt and One Road” in China,this paper proposes that China's labor protection provisions should be incorporated into bilateral investment agreements.In introducing the text of bilateral investment agreements,it can fully draw on the US model of bilateral investment agreements,the North American Labor Cooperation Agreement,and The inclusion of protection clauses made specific recommendations.