scholarly journals Compliance without coercion: Effects of reporting on international labor rights

2020 ◽  
pp. 002234332091025
Author(s):  
Faradj Koliev ◽  
Thomas Sommerer ◽  
Jonas Tallberg

While a dominant position in research on compliance holds that enforcement is necessary for states to abide by their international commitments, many international organizations (IOs) do not have recourse to such coercive means. This article offers the first systematic analysis of one prominent alternative to material coercion: compliance reporting by IOs. It develops an argument for why reporting by IOs should lead states to correct non-compliant behavior, and when those effects should be particularly strong. It tests this argument in the context of the International Labour Organization (ILO), which offers a unique setting for evaluating the impact of reporting in the absence of coercion. The principal findings are threefold. First, reporting has significant and durable effects on state respect for labor rights. Second, reporting affects compliance both immediately and when repeated over longer periods of time. Third, reporting has stronger effects on improvements in labor rights when target states are democratic and resourceful, and have a stronger presence of labor NGOs. By contrast, it does not matter to reporting’s effect whether states are highly economically dependent on the outside world or whether reporting is coupled with active shaming of non-compliant states. Taken together, our results suggest that existing research has not fully appreciated the potential of monitoring systems based on reporting to generate compliance with international rules. While hard enforcement may still be important, especially in areas where incentives to renege are strong, the findings of this article suggest that it is not the exclusive path to compliance.

2009 ◽  
Vol 9 (2) ◽  
pp. 153-186 ◽  
Author(s):  
Teri L. Caraway

This article examines the impact of recent economic and political change on collective and individual labor rights in East Asia. Deploying a new index for measuring de jure and de facto labor rights, the article presents new comparative data on labor rights in the region. Democratization has produced stronger collective labor rights in much of the region, but labor laws in most countries still fall far short of international labor standards. East Asia's labor laws offer similar levels of protection for individual labor rights to the rest of the world when firing costs are taken into account, and low regional averages are primarily an effect of Singapore's extremely weak individual labor rights. Few countries have revised their labor laws in the direction of greater labor market flexibility. However, the distance between law and practice is wide, so improvements in laws are not necessarily reflected on the ground. Flexibility enters through the back door of ineffective labor law enforcement, which in turn has affected the organizing efforts of unions.


2018 ◽  
Author(s):  
Angela B. Cornell

3 International Labor Rights Case Law (2017)The Inter-American Court was unanimous in concluding that legal entities do not have the standing to directly access the Inter-American system in a contentious process as presumptive victims. Corporations therefore will not be permitted to access the Court as victims of human rights transgressions, which the Court determined is limited to human beings, with two exceptions: trade unions and indigenous communities. Trade unions have standing as victims of human rights violations on their behalf and that of their members, but under certain limitations. This commentary focuses on the Court’s decision with regard to trade unions, but begins with a description of the heart of the decision limiting the access of other legal entities.


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