由此可见，尽管劳工标准问题在多哈回合谈判中并未被确定为谈判议题之一，但事实上，劳工标准问题正在通过双边和区域贸易协定逐渐被许多发展中国家接受。不论是否出于自愿，这些标准一经接受将会被转化为国内法。现代国际法的一个显著特点是执行机制的加强带来了执行力的提高。上述美加、美澳等自由贸易协定有关劳工标准的实施机制使发展中国家无法逃避全面执行“核心劳工标准”的义务。劳工标准在双边贸易体制中已经开始确立，可以预见的是，其在多边贸易体制中的确立只是时间问题。
第二节 贸易与劳工标准问题02
Case Study
UNITED STATES-IMPORT PROHIBITION OF CERTAIN
SHRIMP AND SHRIMP PRODUCTS
（WT/DS58/R 15 May 1998）
FACTS: In the United States, pursuant to the Endangered Species Act, all sea turtles that occur in U.S. waters are listed as endangered or threatened species. After several studies led to the conclusion that the incidental capture and drowning of turtles by shrimp trawlers was a significant source of mortality for turtles, regulations were issued requiring shrimp fisherman to use either turtle excluder devices （TEDs） or tow time restrictions. In 1989, two years after the issuance of these regulations, Section 609 of Public Law No. 101-162 was enacted. At the time this dispute arose, Section 609 prohibited the import of shrimp and shrimp products from all countries that had not been certified by the President as having adopted a regulatory program governing the incidental taking of sea turtles in the course of shrimp trawl harvesting comparable to that of the United States. For the purpose of certification, the regulatory program had to include a requirement that all commercial shrimp trawl vessels use TEDs that were comparable in effectiveness to TEDs used in the United