WTO에서의 무역과 노동기준

Abstract

Suggestions have been made to establish a closer link between trade and core labour standards, in particular as regards the operation of the GATT/WTO system of multilateral rules and disciples for international trade. In 1986 and in 1994, the United States proposed, without success, to add workers' rights to the Uruguay Round and to the WTO agenda. Some have suggested making use of the WTO Trade Policy Review Mechanism. Abnormally low social standards and working conditions might be considered a subsidy under Article XVI of the GATT. Another option is to extend the general exceptions provided for any contracting party by Article XX of the GATT to include workers' rights which have a direct bearing on human dignity. There have been other proposals for the introduction of a social clause into the WTO, with the aim, in particular, of strengthening the enforcement of basic labour standards. In any event, a decision to introduce additional objectives, to negotiate new provisions and mechanism or to interpret existing WTO provisions would imply the existence of sufficient political will among WTO members, and would be a matter for their consideration and decision. Accordingly, the debate on the possible introduction of a social clause in the WTO remains speculative, in the absence of agreement to consider the issue in the WTO and of detailed proposals regarding its scope and implementation mechanism. Although the attempt to insert social clauses in multilateral trade agreements with stronger means of enforcement such as WTO, has not had any significant results. the WTO must be the proper forum, which is the most effective means of promoting core labour standards world wide.