An Analysis of Institutional ApproachTypes and Enforcement Mechanisms in Labor Provisions of Free Trade Agreements Signed by Taiwan with Trade Partnership
作者 李健鴻
This article analyzes the institutional approach types and enforcement mechanisms in labor provisions of free trade agreements signed by Taiwan with trade partnerships. The main findings is that due to the government take “passive included labor provisions” policy stance in the context of constrained external international political environment, leading to the two labor provisions of free trade agreements in accordance with policies needs of externaltrade partnerships countries, formulate the institutional approach types were adopted “conditionalpromotional approach” and “promotional approach”, each institutional approach type constructing different enforcement mechanisms and labor protection institutional contents. There are four suggestions as follow, firstly, government should be changed to take the “actively included labor provisions” of policy thinking, offered actively incorporate labor provisions in the process of negotiating free trade agreements. Secondly, government must construct the pre-evaluation mechanism to evaluate the influences of free trade on the employment impact of workers. Thirdly, government should actively perform the “labor provisions” contents in two agreements have been signed by Taiwan with trade partnerships, in order to protect the fundamental labor rights of workers. Fourthly, government must review and revise the failure within the prevailing labor laws to comply with ILO core labor standards, in order to open up the international space of negotiating free tradeagreements, and reducing the obstacles in the process of negotiating free trade agreementin the future.
起訖頁 1-57
關鍵詞 勞工專章核心勞動基準自由貿易協定制度途徑執行機制Labor provisionsCore labor standardsFree trade agreementInstitutional approachEnforcement mechanisms
刊名 政大勞動學報  
期數 201602 (29期)
出版單位 國立政治大學勞工研究所