Measuring China's Social Insurance Law under International Standards of International Labour Organization and Influences of Social Dimension Provisions of Free Trade Agreements and Bilateral Investment Treaties

Abstract

This article analyses China's new Social Insurance Law and its treatment of foreigners in an international context. First discussed is the International Labour Organization (ILO) Convention 102 establishing standards and requirements for social security regimes. Second, other international obligations that may implicate additional social security obligations are dealt with, looking at free trade agreements and bilateral investment treaties. This is followed by an outline of the highlights of China's new Social Security Law and its obligations placed on foreign nationals. Also, some of the domestic issues of implementation are also identified. The fourth section compares China's new social security provisions with those of other developed countries, including Germany, South Korea, US, and Japan. Finally, based on the above, analysis of the compatibility of China's new law is made under ILO Convention 102.