【摘要】 强迫劳动是国际法上的一个恒久议题，在实践中有不同表现形式，但均侵犯人的基本自由和尊严。强迫劳动挂钩国际贸易，在现代意义上源于美国关税法对强迫劳动产品的关注，后被引入GATT法律体系，在经历WTO“社会条款”之争后，其具体规定见于美式区域贸易协定，且在战略上已延伸至商业性农业领域，成为当今国际贸易中极为敏感且富有争议的话题。消除强迫劳动是平衡贸易关系、维护社会公正的充分必要条件，但更应辨别其在国际贸易中的规范效用偏差，以防止其被用于任意打击贸易竞争对手的正当工具。更多还原

【Abstract】 Forced Labour has been a hard issue in international law for so long a time. It takes different forms in practice, but all of them violate fundamental freedom and dignities of a human being. The linkage of forced labour with international trade, in a modern sense, came from the consequence of the application of US Tariff Act on the products of forced labour, then it was successfully introduced into the GATT legal system. Since the complete loss of a hot debate over the “social clause” within the WTO, specific provisions on the forced labour issue have been explicitly written in the American regional trade agreements. With its strategic extension to commercial agriculture, the force labour issue has become a more sensitive and controversial topic in international trade today. The elimination of forced labour is of course a sufficient and necessary condition to balance trade relations and maintain social justice, but it is more prior to distinguish the deviation of its normative utility in international trade so as to prevent it from being used as a legitimate tool to arbitrarily attack trade competitors.更多还原