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Discussion on the Trade Measures Related to the Prison Labor Products under WTO and China’s Countermeasures of Prison Production

Author: ZhuXiaoWen
Tutor: XiaoPeng
School: Ocean University of China
Course: International Law
Keywords: Prison labor products Purpose Relevance Normative Monitoring corporate separation
CLC: D916.7
Type: Master's thesis
Year: 2008
Downloads: 158
Quote: 0
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Abstract


Prison production is a prison for the management of the main offender is the main labor force engaged in the production of material goods in special production activities, an important part of the prison system. The prison has a different meaning and role of production in countries in China is mainly responsible for the task of education and reform as well as part of the support prison survival, prison production in Western countries is mainly employed to solve the prison as well as a way to create material wealth. Regardless of whether the same purpose, the prison production of all countries is of great significance. The first countries prison production, and production and import and export of prison legislation attitude. Due to the special nature of the production of the prison, some countries adopt a boycott attitude of prison products for the protection of their economic purposes, or the name under the guise of protecting the human rights of offenders accused his country's human rights issues to interfere in the internal affairs of other countries, the international market for prison products attitude is prohibited, the GATT 1994 Article 20, paragraph e about prison labor products measures \provides a privilege for countries in international trade. Usually under 20 on the content of international law are related to the content can refer to article 20 (e) of the GATT1994 \The prison products \In this paper, based on the above background, on how to correctly exercise GATT1994 20 e paragraph about prison labor product measures were analyzed from the aspects of the purpose, criteria of relevance, and the nature of the product; on how to draw in the event of a dispute the legality of the procedures relevant authorities to take measures of e models. In addition, our prison production with their own characteristics, there are some problems in production mode and run mode, which makes the export of prison products to friction with other countries in the international community often, especially conflicts between China and the United States on this issue. Of the U.S. economic and political pressure, signed a Memorandum of Understanding on the Prohibition of the import and export trade of the prison labor camps Product and \Laogai exports provisions, which gave the prison production in China has caused tremendous loss. This article on how to not destroy the basis of the rules of international trade, protecting the production and export of China's prisons, from monitoring corporate separation, the protection of human rights and the strengthening of the negotiations communication propose appropriate countermeasures. This article related theoretical studies to explore constructive comments to resolve a pending issue in international law, but also from the point of view of the protection of national interests feasibility countermeasures.

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CLC: > Political, legal > Legal > UNIVERSITY > Justice system > Prison system, reform through labor system
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