How China's Employment Problems Became Trade Problems: China, Labour Law, and the Rule of Law
In this article, I focus on the potential trade spillovers of Chinese policies to maintain employment. Chinese leaders are determined to maintain employment and have long ignored employment laws that could empower workers. But in 2007, China reformed its labor laws and allowed wide public comment. The new laws enhanced protections for workers, but the consensus among scholars, NGOs, and the US State Department is that these labor laws, like earlier laws, are unevenly and rarely enforced. I argue that Chinese failure to enforce these laws breachits WTO obligations. WTO members could use GATT Article XXIII, which establishes a "right of redress" for changes in domestic policy that systematically erode market access commitments even if no explicit GATT rule has been violated. Used creatively, this strategy could enable WTO member states to encourage China to do a better job of enforcing its labour laws.
|Date of creation:||Feb 2010|
|Date of revision:|
|Publication status:||Published in NCCR Trade Regulations, 01 Feb 2010|
|Contact details of provider:|| Web page: http://www.gwu.edu/~iiep/|
More information through EDIRC
When requesting a correction, please mention this item's handle: RePEc:gwi:wpaper:2010-11. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Kyle Renner)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.