How Could Prison Products Come into the International Market? Analysis of the Consistency between WTO and ILO Rules

Xixue Shang,Guido Van Limberghen

doi:10.18533/journal.v6i3.1133

Abstract

<p>Nowadays, in many countries, a increasing number of private companies resort to prison labor. In fact, inmates work more and more for private undertakings both inside and outside prison. In consideration of private companies generally engaged in international trade, prison labor thus participate in global supply chains. Then under such circumstances, there is a developing trend that prison economy is being marketed internationally. Nevertheless, there are some institutional barriers in international trade policies, such as WTO rules, which in principle prohibit prison labor product coming into international market. This research aims to discuss the possibility of exports of prison products in international trade market within WTO/GATT framework. In terms of prisoners’ labor rights protection, by exploring the consistency of WTO rule with ILO standard, the research intends to find the possibility of prison labor product being accepted by the international market. Feasibility analysis is developed in the research to propose constructive suggestion for an open question in the international law.</p>

Highlights

In 2001 Global Report to the ILO Declaration on Fundamental Principles and Rights at Work, the ILO noted that: “a number of countries are increasingly resorting to privatized prison labor under various arrangements ... even though the practices are far from new
There are some institutional barriers in international trade policies, such as WTO rules, which in principle prohibit prison labor product coming into international market
Services being marketed internationally.”3 As Sander Levin, a Democratic congressman from Michigan said in 2007: “We believe that putting worker rights into trade agreements is a critical piece of shaping globalization in the world today.”4 working rights and interests of prison workers who are engaged in the chain of the global trade are expected to be guaranteed within international standards as well, which has been widely recognized in international trade market

Summary

Introduction

In 2001 Global Report to the ILO Declaration on Fundamental Principles and Rights at Work, the ILO noted that: “a number of countries are increasingly resorting to privatized prison labor under various arrangements ... even though the practices are far from new. Services being marketed internationally.” As Sander Levin, a Democratic congressman from Michigan said in 2007: “We believe that putting worker rights into trade agreements is a critical piece of shaping globalization in the world today.” working rights and interests of prison workers who are engaged in the chain of the global trade are expected to be guaranteed within international standards as well, which has been widely recognized in international trade market Based on this background, this article tries to explore the possible way to protect prison workers’ labor rights under ILO standard, so that prison products could be accepted by the international market by following WTO rules. The analysis of modern application of Article XX(e) is developed by making distinction between traditional and non-traditional prison product and at last, how to keep the consistency of WTO Article XX(e) with ILO labor standards is explored

Objectives

Methods

Conclusion