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国际人权和劳工条约都规定了公民自由迁徙权,WTO也提出了劳动力跨国流动自由化的目标。但国际公约对劳动力跨国流动仍然施加诸多限制,而人权公约和劳工公约的规定太过笼统,缺乏可操作性,其普遍性也不够,导致各国对“自然人移动”尤其是中低技术水平的劳动力的准入和国民待遇的承诺水平较低。要实现劳动力跨国流动自由化的目标,需要各国进一步推动WTO多哈回合谈判,对自然人移动准入和国民待遇做出更多的承诺。我国还应当充分利用自身优势,推动国际劳务市场准入自由化。
International human rights and labor treaties all stipulate the right of citizens to migrate freely. The WTO also sets forth the goal of liberalization of cross-border labor mobility. However, the international conventions still impose many restrictions on transnational labor mobility. However, the human rights conventions and labor conventions are too general and lacks maneuverability, and their universality is not enough. As a result, all countries have become more and more concerned with the “movement of natural persons” The labor force has a relatively low level of commitment and national treatment. To achieve the goal of labor cross-border mobility liberalization, all countries need to further promote the Doha Round negotiations in the WTO and make greater commitments to the movement of natural persons and national treatment. Our country should make full use of its own advantages to promote the liberalization of access to international labor market.