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贸易与劳工的关系越来越紧密,随之而来的是在国际贸易中出现了很多劳工争端,世界贸易组织(以下简称WTO)中并无专门的劳工条款,其争端解决机制也仅在一定的条件下才可以适用于劳工争端。相比之下,越来越多的自由贸易协定纳入劳工条款,其中争端解决部分占有重要的地位。文章认为不同的自贸协定中的劳工争端解决机制存在差异,中国缔结的自由贸易协定中无专门的劳工条款,仅在与其他国家签署的劳工合作谅解备忘录中详细规定了劳工问题,但缺乏系统性的劳工争端解决机制,难以应对纷繁复杂的劳工争端,因此,要尽快完善我国自贸协定中的劳工争端解决机制。
The trade and labor relations are getting closer and closer, followed by many labor disputes in international trade. There is no specific labor clause in the World Trade Organization (WTO), and its dispute settlement mechanism is only certain Only under the conditions of labor disputes can be applied. In contrast, more and more free trade agreements are incorporated into the labor provisions, of which dispute settlement plays an important part. The article holds that there are differences in labor dispute settlement mechanisms in different free trade agreements. There are no specific labor clauses in the free trade agreements concluded by China. Labor issues are stipulated only in the memorandum of labor cooperation signed with other countries, but the lack of systematic Therefore, it is necessary to perfect the labor dispute settlement mechanism in China’s free trade agreement as soon as possible.