Analysis of the Problems Between International Investment Law and the Protection of Labor Rights of Multinational Companies - A Case Study of "Sweatshop"

Jingyi Wang

doi:10.54097/hbem.v7i.6836

Authors

Jingyi Wang

DOI:

https://doi.org/10.54097/hbem.v7i.6836

Keywords:

Case analysis, sweatshop, multinational corporation, International Investment Law.

Abstract

In recent years, under the influence of economic globalization, the development of international law has also shown a corresponding humanistic trend. That is, while solving problems from the perspective of the country, it also began to pay attention to the protection of the well-being of individual citizens and the whole society. This paper uses the case analysis method to consider the problems between international investment law and the protection of multinational company labor rights and interests by analyzing the specific cases of "sweatshops". In the study of sweatshop cases, the author found four main reasons for the formation and spread of sweatshops, as follows: 1. The management system of enterprises; 2. The supervision of the government and trade unions has not been implemented; 3. Jurisdiction is unclear in international law; 4. The legislation on labor rights is not perfect in international investment law and international trade law. And put forward the corresponding suggestions for the four problems found.

Downloads

Download data is not yet available.

References

M Hirsch. Investment Tribunals and Human Rights: Divergent Path's, in Human Rights in International Investment Law and Arbitration [C], ed. by P-M Dupuy, F Francioni & R-U Petersmann (des), Oxford University Press, 2009. p.98-114.

Luke Eric Peterson et al. International Human Rights in Bilateral Investment Treaties and in Investment Treaty Arbitration [EB/OL], at: www.iisd.org/pdf/2003/investment_int human rights bits.pdf, September 24, 2010.

Investment Agreement for the COMESA Common Investment Area, Article 7.2.(d) [EB/OL], at: http://vi.unctad.org/files/wksp/iiawksp08/docs/wednesday/Exercise%20Materials/inva greecomesa.pdf, September 24, 2010.

Sun Xinwei. Study of International Investment Treaty, JLU (Jilin University), 2022, p9-16.

Wang Suwen. Comparison and analysis of the Nike case and the Foxconn case——Discuss both the legal guarantee in the promotion of corporate social responsibility, East China University of Political Science and Law, 2008, p15-21.

Han Xintong, Lin Yao. Research on Human Rights Responsibility Guarantee of Multinational Corporation———Take the "sweatshop", for example, jurisprudential study, 2015.

Gong Zhaoxiao. A Study on the Labor Protection Clause in the International Investment Agreement, Yantai University, 2019, p11-16.

Rong Sicai. Labor Standards in "Fair Trade"——On Labour standards in trade and investment treaties. Journal of China Institute of Labor Relations, 2014, 6.

Wang, Yuchun. The Protection of Human Rights in International Investment Law, Legal expo, 2016.

Wang Dan. A Study on the Protection of Labor Rights in the International Investment Law, East China University of Political Science and Law, 2017, p1-5.

Research Group on a Community with a Shared Future for mankind and International Law, International law for the construction of a community with a shared future for mankind. Wuhan University Review of International Law, 2019, 1.

Xv Xiaoxin, Liu Jiejiao. Empirical Study on Labor standards affect China's OFDI——Based on the sample of countries along the "Belt and Road". Jinan Journal (Philosophy and Social Sciences Edition), 2019, 4.