This research analyses to what extent China is achieving decent work based on a case study of decent working time. The word ‘achieving’ underlines that China is still in the process of securing... Show moreThis research analyses to what extent China is achieving decent work based on a case study of decent working time. The word ‘achieving’ underlines that China is still in the process of securing this aim. This research builds on a mixed methodology of case study, historical analysis, content analysis, structured critical analysis, and comparative law. The findings show that the development goal of decent work has not been achieved in China, but there are some significant developments. Particularly, many labour standards with regard to workers’ health and safety have markedly been intensified and increased, as have the making and enforcement of Chinese labour laws, which both are signals that China has created an environment receptive to further reform and development on its path to achieving decent work. Show less
According to the controversial China—Raw Materials and China—Rare Earths decisions, China is prohibited from using export duties to address any environmental problems, including those associated... Show moreAccording to the controversial China—Raw Materials and China—Rare Earths decisions, China is prohibited from using export duties to address any environmental problems, including those associated with climate change. This is unfortunate because a number of climate studies have suggested that export duties can be useful to tackle carbon leakage in China, being the largest emitter and exporter of carbon dioxide emissions.This thesis argues that there is a need to consider ‘greening’ the absolute ban on China’s export duties. It accordingly proposes that, export duties - solely restricting exports - should be prohibited outright, while ‘export duties plus’ – restricting both exports and domestic consumption - should be allowed in pursuit of environmental advantages. There are three most feasible ways to achieve this balanced outcome: (i) a waiver as a stopgap measure, (ii) a Ministerial Decision or Declaration as a more flexible alternative, and (iii) a legal interpretation for the Appellate Body to distinguish between export duties and ‘export duties plus’ as a judicial correction. With regard to the proposed judicial correction, even if the Appellate Body is no longer operational, it remains relevant for the purpose of injecting valuable flexibility into the WTO’s precedent system. Show less
The Chinese economy has undergone large-scale changes since the implementation of the“reform and opening to the outside world” (gaige kaifang) policy in 1978. Thistransformation is reflected in... Show moreThe Chinese economy has undergone large-scale changes since the implementation of the“reform and opening to the outside world” (gaige kaifang) policy in 1978. Thistransformation is reflected in collective labour relations, which have evolved from anenvironment of harmony between labour and employer during the command economy toconflict between these forces in the present socialist market economy. This situation hasarisen as a result of the diversification of employer ownership in the course of theeconomic reforms. Marxist-Leninist arguments are no longer convincing for workers,especially those in the non-state economy who face particularly harsh workingconditions. Following the wave of strikes in the summer of 2010, labour relations inChina began to take on a more collective character. The increasing number of collectiveactions by workers is in tension with the labour law system, which was designed mainlyto protect and to resolve labour issues involving individuals Show less
